Restoring Congressional Authority Act

“(a) In general—To the extent necessary”

“(b) Deference to reasonable interpretation of agency

“(1) Definition of covered provision—In this subsection, the term covered provision, with respect to an agency, means a statutory provision that the agency has authority to implement.

“(2) Limitation on relief—In reviewing under subsection (a) an agency action that is alleged to violate a covered provision, if the agency action complied with the covered provision as interpreted by the agency, the reviewing court may order relief only if the interpretation by the agency of the covered provision was not reasonable.

“(3) Consideration of congressional intent

“(A) In general—In reviewing the reasonableness of an agency's interpretation of a covered provision under paragraph (1), the reviewing court shall consider congressional intent with respect to the covered provision.

“(B) Determination of congressional intent—In order to determine congressional intent with respect to a covered provision under subparagraph (A), the reviewing court shall consider, in addition to the text of the covered provision, only—

“(i) any statement about the legislation that created the covered provision—

“(I) made—

“(aa) by a Member of Congress during deliberation of an applicable congressional committee regarding the legislation; or

“(bb) in the report of an applicable congressional committee with respect to the legislation; or

“(II) made by a Member of Congress on the floor of the Senate or the House of Representatives;

“(ii) any letter about or relating to the legislation that created the covered provision circulated by the Member of Congress who sponsored the legislation, including—

“(I) a letter commonly known as a “Dear Colleague letter”; or

“(II) a letter sent to a Federal agency that would be impacted by the legislation, the response to which informed the drafting of the legislation;

“(iii) any press release issued by a Member of Congress about the legislation that created the covered provision; and

“(iv) any statement, letter, or press release that satisfies the requirements under clause (i), (ii), or (iii), respectively, except that the statement, letter, or press release was about or relating to (as applicable) companion legislation, or other nearly identical legislation, to the legislation that created the covered provision.

“(c) Fast-Track consideration of legislation overturning certain court decisions

“(1) Definitions—In this subsection:

“(A) Covered decision—The term covered decision means a decision of a court of appeals of the United States under subsection (a) that an agency action violated a covered provision (as defined in subsection (b)) because the agency's interpretation of the covered provision was not reasonable, as described in subsection (b)(2).

“(B) Covered resolution—The term covered resolution means only a joint resolution—

“(i) introduced during the period beginning on the date on which a covered decision is issued and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress); and

“(ii) the matter after the resolving clause of which contains only—

“(I) a citation to the covered decision;

“(II) a statement that Congress disapproves the covered decision; and

“(III) any language necessary to overturn the covered decision and authorize the invalidated agency action.

“(2) Referral—A covered resolution shall be referred to the committees in each House of Congress with jurisdiction.

“(3) Senate procedures

“(A) Discharge of committee—In the Senate, if the committee to which is referred a covered resolution has not reported the covered resolution (or an identical joint resolution) at the end of 20 calendar days after its introduction, the committee may be discharged from further consideration of the covered resolution upon a petition supported in writing by 30 Members of the Senate, and the covered resolution shall be placed on the calendar.

“(B) Floor consideration

“(i) In general—In the Senate, when the committee to which a covered resolution is referred has reported, or when a committee is discharged (under subparagraph (A)) from further consideration of a covered resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the covered resolution, and all points of order against the covered resolution (and against consideration of the covered resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the covered resolution is agreed to, the covered resolution shall remain the unfinished business of the Senate until disposed of.

“(ii) Debate—In the Senate, debate on the covered resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the covered resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the covered resolution is not in order.

“(iii) Vote on final passage—In the Senate, immediately following the conclusion of the debate on a covered resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the covered resolution shall occur.

“(iv) Rulings of the chair on procedure—Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a covered resolution shall be decided without debate.

“(C) Expiration of procedures—In the Senate, the procedure specified in subparagraph (A) or (B) shall not apply to the consideration of a joint resolution respecting a covered decision—

“(i) after the expiration of the 60 session days beginning with the date on which the covered decision is issued; or

“(ii) if the covered decision is issued during the period referred to in subsection (d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.

“(4) Coordination with action by other house—If, before the passage by one House of a covered resolution of that House, that House receives from the other House a covered resolution, then the following procedures shall apply:

“(A) The covered resolution of the other House shall not be referred to a committee.

“(B) With respect to a covered resolution of the House receiving the covered resolution—

“(i) the procedure in that House shall be the same as if no covered resolution had been received from the other House; but

“(ii) the vote on final passage shall be on the covered resolution of the other House.

“(5) Rules of Senate and House of Representatives—This subsection is enacted by Congress—

“(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

“(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

“(d) Fast-Track consideration of legislation overturning certain court decisions issued near end of congressional session or between sessions

“(1) In general—In addition to the opportunity for legislative review otherwise provided under subsection (c), in the case of any covered decision (as defined in that subsection) that is issued during the period beginning on the date occurring, in the case of the Senate, 60 session days, or in the case of the House of Representatives, 60 legislative days, before the date on which Congress adjourns a session of Congress through the date on which the same or succeeding Congress first convenes its next session, subsection (c) shall apply to the covered decision in the succeeding session of Congress.

“(2) Deemed date of court decision—In applying subsection (c) for purposes of the additional legislative review described in paragraph (1) of this subsection, a covered decision described in that paragraph shall be treated as though the covered decision were issued on, in the case of the Senate, the 15th session day, or, in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes.”