Overnight Regulation: Ryan backs bill to curb agency power

Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill and beyond. It's Monday evening here in Washington where the last week of legislative business before summer recess is underway. Buckle up. It's going to be a busy week.

Also, 7-Eleven is celebrating today's date (7/11) with free Slurpees, but make sure you get there before 7 p.m. http://usat.ly/29zpikK Here's the latest.

 

THE BIG STORY 

Speaker Paul RyanPaul Davis RyanIndiana GOP Rep. Brooks says she won't seek reelection Indiana GOP Rep. Brooks says she won't seek reelection Inside Biden's preparations for first debate MORE (R-Wis.) is throwing his support behind a bill that aims to rein in regulatory overreach.

The Separation of Powers Restoration Act -- which is expected to get a vote on the floor this week -- would overturn the 1984 Supreme Court decision that created the "Chevron deference."

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The administrative law principle says courts should defer to an agency's interpretation when there are disputes about "ambiguous" laws unless that interpretation is unreasonable.

In a release on Monday, Ryan said Chevron deference has awarded too much power to the agencies, essentially creating a fourth branch of government.

"This deference empowers nameless, faceless, unaccountable bureaucrats to re-write laws and attach meaning that was never Congress's intent," Ryan said. "With this legislation, we are clamping down on this practice -- and taking a first step toward restoring power to Congress and, more importantly, to the voters who send us here."

The legislation would amend the Administrative Procedure Act to require courts to conduct a new review of all relevant questions of law instead of relying on agency interpretations.

Pro-regulatory groups are urging lawmakers to vote against the bill.

If passed, the Coalition for Sensible Safeguards said the legislation would allow non-expert judges to second-guess complex policy determinations made by expert agencies.

"This bill rings a dinner bell for judicial policymaking, which is why it's shocking to see lawmakers who call themselves strict constructionists lining up behind it," Robert Weissman, the coalition chair and president of Public Citizen, said in a statement. "H.R. 4768 invites judges to dispense with both congressional intent and agency expertise and substitute their personal policy preferences."

Eliminating Chevron deference, the group argued, would further rig the rulemaking process in favor of powerful corporations, give judges more power and further delay a regulatory process that is already slow to protect the public.

In a statement last month, the administration said the legislation would unnecessarily overrule decades of Supreme Court precedent and that advisers to Obama would recommend he veto it. http://bit.ly/29KzW7J

 

ON TAP FOR TUESDAY 

The Senate Commerce, Science and Transportation Committee will hold a hearing to discuss the Federal Communications Commission's proposed privacy regulations for internet service providers and how they could impact consumers and competition. http://bit.ly/29DKWUs

The House Oversight and Government Reform Committee will hold a hearing to discuss a religious freedom bill opponents claim will allow businesses and nonprofits to discriminate against lesbian, gay, bisexual and transgender people. http://bit.ly/29tbeqz

The House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing to discuss oversight of the Federal Communications Commission. http://bit.ly/29ug2QG

The House Judiciary Committee will hold a hearing to discuss executive overreach in regulatory enforcement and infrastructure. http://bit.ly/29yZesu

The House Rules Committee will hold a hearing to discuss the Motor Vehicle Safety Whistleblower Act. http://bit.ly/29yYUdl

 

TOMORROW'S REGS TODAY

The Obama administration will publish 180 new regulations, proposed rules, notices and other administrative actions in Tuesday's edition of the Federal Register.

--The Coast Guard will examine a cargo securing manuals rule.

The Coast Guard, which issued the rule is May, is requesting information to study the implementation and effectiveness of the rule.

The information collection request is already in effect. http://bit.ly/29DT2gz

--The Federal Communications Commission (FCC) will issue new procedures for providers to report cell tower outages.

The new rules will apply to "outage reporting metrics, methodologies, and procedures" for cell phone providers, the FCC says.

The new rules go into effect in 30 days. http://bit.ly/29z0w7d

--The Department of the Interior will allow Native Americans to remove plants from national parks.

The Interior Department's National Park Service (NPS) says the rules will accommodate "tribal cultural practices on lands within areas of the National Park System... without causing a significant adverse impact to park resources or values."

The new rules go into effect in 30 days. http://bit.ly/29DSF5T

 

NEWS RIGHT NOW

Republicans blast Obama on Zika-killing pesticides. http://bit.ly/29zYwaF

Lawsuits mount against FDA regs on e-cigs. http://bit.ly/29JgTu8

Dem pushing bill to tax financial trades. http://bit.ly/29R5Q4T

FTC settles charges over 'Lord of the Rings' video game advertising. http://bit.ly/29z1iAZ

Senators ask feds to look at digital ad fraud. http://bit.ly/29CEYoj

Dems wants gender identity included in federal surveys. http://bit.ly/29wjqpb

Rubio: Block Ex-Im Bank from helping Iran http://bit.ly/29A1oV2

Clinton campaign rejects Dem plan for carbon price http://bit.ly/29CJT8Q

Republicans blast Justice Department over big bank case http://bit.ly/29J4VE7

Interior chief headed to Utah amid divisions over planned monument http://bit.ly/29s3oBq

Proposed regulations could lead to more student loan forgiveness (The Daily Signal). http://dailysign.al/29R8vvk

 

BY THE NUMBERS 

33,000:  Americans killed each year by gun violence. 

(Source: House Gun Violence Prevention Task Force)

 

QUOTE OF THE DAY

"With growing number of reports of pregnant women contracting Zika and concerns about the island's mosquito abatement programs, both administration officials encouraged aerial spraying, with [EPA] administrator [Gina] McCarthy emphasizing that spraying was the 'most important tool' at our disposal... We urge you to consider administrator McCarthy's comments that spraying can be accomplished 'safely and effectively' and seriously consider these warnings from your directors at the CDC and the EPA," -- Republican lawmakers wrote in a letter to President Obama.

A group of Republican lawmakers are accusing the Obama administration of espousing a double standard on the need to spray more pesticides to mitigate the Zika virus. The House and Senate Republicans, led by Rep. Bob Gibbs (Ohio), say that the administration should support a GOP measure to roll back Environmental Protection Agency (EPA) regulations on spraying pesticides, which they believe would cut down on Zika by killing the mosquitoes that carry it. http://bit.ly/29zYwaF

 

We'll work to stay on top of these and other stories throughout the week, so check The Hill's Regulation page (http://thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@thehill.com or lwheeler@thehill.com. And follow us at @timdevaney and @wheelerlydia.

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