Tagged: administrative law and regulatory procedures

This bill prohibits the state of California from receiving federal funds for a high-speed rail corridor development project. Specifically, the prohibition applies to a project in California that is the same or substantially similar to the project that is the subject of an FY2010 cooperative agreement entered into on November 18, 2011, between the California High-Speed Rail Authority (CHSRA) and the Federal Railroad Administration (FRA).As background, CHSRA has received various federal grants for the California High-Speed Rail program, a project led by the state of California with the goal of implementing a high-speed rail system capable of speeds exceeding 200 miles per hour between Los Angeles and San Francisco. The FRA terminated the specific FY2010 cooperative agreement on May 16, 2019.

Less Imprecision in Species Treatment Act of 2025 or the LIST Act of 2025This bill modifies the process for removing a species from the endangered or threatened species lists and makes related requirements. A species must be removed from the endangered or threatened species lists if the U.S. Fish and Wildlife Service and the National Marine Fisheries Service produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met.The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal.The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.

Improving Science in Chemical Assessments Act This bill modifies procedures related to specified chemical assessments performed by the Environmental Protection Agency (EPA). Specifically, chemical hazard identification and dose response assessments must be performed by the appropriate EPA program office (they are currently performed by the Integrated Risk Information System program). Additionally, the bill requires the EPA to establish a steering committee to ensure there is no duplication of effort by relevant program offices in conducting covered assessments.

Regulations from the Executive in Need of Scrutiny Act of 2025This bill revises provisions relating to congressional review of agency rulemaking.Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.The bill generally preserves the current congressional review process for a nonmajor rule.

Endangered Species Transparency and Reasonableness Act of 2025This bill modifies requirements concerning determinations on whether a species is a threatened or endangered species under the Endangered Species Act of 1973 (ESA), caps attorney's fees to prevailing parties in ESA citizen suits, and makes related requirements.The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) must publish online, subject to privacy or administrative limitations, the best scientific and commercial data available that are the basis for each determination. The bill states that the term best scientific and commercial data available includes all data submitted by a state, tribal, or county government. Thus, such data is automatically deemed to be the best scientific and commercial data available. Before making a determination on whether a species is an endangered or threatened species, the FWS and NMFS must provide affected states with all of the data that is the basis of the determination.The Department of the Interior must also publish and maintain an online searchable database that discloses federal expenditures related to litigation under the ESA.

Responsible Legislating ActThis bill establishes or modifies various federal programs and requirements, including those related to retirement accounts, penalties for certain sex offenses, foreign investment and ownership, and appropriations.The bill makes changes to retirement account contributions and distributions, including increasing the maximum amount that may be contributed to a Roth Individual Retirement Account (IRA) to include certain contributions to a Savings Incentive Match Plan for Employees (SIMPLE IRA) or Simplified Employee Pension (SEP) plan, subject to limitations. The bill establishes an enhanced penalty—an additional prison term of up to five years—for certain interstate human trafficking offenses or coercion of sexual activity that occurs in a school zone or related area.The Department of Commerce must report on efforts to increase foreign direct investment in semiconductor-related manufacturing and production. The Federal Maritime Commission must evaluate the effect of foreign ownership of marine terminals at the 15 largest U.S. container ports on U.S. economic security.The bill provides additional appropriations for the Departments of Health and Human Services, Agriculture, State, Defense, Homeland Security, and Energy.The bill extends mandatory livestock market reporting requirements through FY2025.The bill revises the required frequency of meetings held by a credit union's board of directors by decreasing the frequency for existing credit unions with satisfactory soundness ratings. The National Aeronautics and Space Administration's (NASA's) enhanced-use leasing authority is reauthorized through 2033.The bill requires hearings on the bill's implementation within one year of the date of enactment.

Securities and Exchange Commission Real Estate Leasing Authority Revocation Act This bill revokes the authority of the Securities and Exchange Commission (SEC) to lease general purpose office space and instead provides for the General Services Administration to lease such space for the SEC. The bill's provisions do not affect those leases entered into by the SEC before this bill's enactment.The Government Accountability Office must (1) complete a review under which it shall update a 2016 report with respect to independent leasing authorities, and (2) report to Congress on the review.

FairTax Act of 2025This bill replaces federal income, payroll, estate, and gift taxes with a federal sales tax beginning in 2027 and eliminates the Internal Revenue Service.The bill establishes a 23% tax-inclusive (30% tax-exclusive) federal sales tax rate on taxable property and services to be administered primarily by each state. The federal sales tax rate is adjusted annually beginning in 2028 so that it is the sum of the general revenue rate (14.91%);old-age, survivors and disability insurance rate; andhospital insurance rate. The bill includes exemptions for property or services purchased for business, investment, and certain state government functions.Registered, qualified families may receive a monthly sales tax rebate in the amount of the monthly federal poverty level (or twice such amount for married individuals) multiplied by the federal sales tax rate. Each family member must have a Social Security number and be a lawful resident of the United States. Federal sales tax revenues are allocated to general revenue, the Social Security trust funds, and the Medicare trust funds. (Special allocation rules apply for 2027.)The bill eliminates appropriations for the Internal Revenue Service after FY2029 and establishes an Excise Tax Bureau and a Sales Tax Bureau within the Department of the Treasury. Finally, the bill terminates the federal sales tax if the Sixteenth Amendment to the Constitution (authorizing a federal income tax) is not repealed within seven years from the date the bill is enacted.

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl ActThis bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term).Additionally, the bill establishes a new, alternative registration process for certain schedule I research.The bill also makes several other changes to registration requirements for conducting research with controlled substances, includingpermitting a single registration for related research sites in certain circumstances,waiving the requirement for a new inspection in certain situations, andallowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.Finally, the bill expresses the sense that Congress agrees with the interpretation of Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.

Rural Broadband Window of Opportunity ActThis bill requires the Federal Communications Commission (FCC) to prioritize the processing of applications for certain rural broadband expansion projects that are located in areas with the shortest construction seasons (e.g., areas with long winters and heavy snowfall).Specifically, the FCC must prioritize processing such applications for the Rural Digital Opportunity Fund (RDOF) Phase II auction, which aims to facilitate the provision of broadband service to areas that are partially served. (The RDOF program's first phase, which is focused on broadband service for wholly unserved areas, is underway.)

Modernizing Retrospective Regulatory Review ActThis bill requires the Office of Information and Regulatory Affairs (OIRA) to issue guidance for using technology to retrospectively review existing federal regulations and, in consultation with relevant agencies, report on the progress of the federal government in making agency regulations available in a machine-readable format.Specifically, the OIRA report must (1) assess whether regulations of agencies have been made available to the public in a machine-readable format, and (2) provide information about the recognition by the Administrative Committee of the Federal Register of the Electronic Code of Federal Regulations (eCFR) as an official legal edition of the Code of Federal Regulations. Currently, the content of the eCFR is authoritative but unofficial.Additionally, not later than 18 months after the enactment of this bill, the OIRA must issue guidance about how a federal agency can use technology to retrospectively review the agency's existing regulations. Each agency must plan and implement a strategy to comply with the OIRA's guidance for the retrospective review.