As the regulatory landscape continues to shift after the Supreme Court’s decision to overturn Chevron deference, a new bill introduced by Rep. Pramila Jayapal [D-Wash.] and Sen. Elizabeth Warren [D-Mass.] aims to dramatically reshape the rulemaking process. The proposal, called the EXPERTS Act, directly targets the balance of power between federal agencies, courts, and private industry.
Federal agencies like the Consumer Financial Protection Bureau, the Federal Communications Commission, and the Federal Trade Commission routinely issue rules that influence compliance, communication practices, and operational costs, this bill would represent one of the most consequential regulatory shifts in years.
What the EXPERTS Act Would Do
The EXPERTS Act is designed to restore trust in the regulatory system by increasing transparency, limiting corporate influence, and reinstating a more agency-friendly judicial review standard.
Key Measures in the Bill
- Codifies Chevron Deference
- Courts would again be required to defer to an agency’s reasonable interpretation of ambiguous statutes.
- For industries regulated by the CFPB and FCC, this would give agencies expanded authority to define ambiguity and defend their rulemakings in court.
- Strengthens Rulemaking Transparency
- Requires disclosure of who funds any scientific or economic studies submitted during rulemaking.
- Studies must be posted publicly, and conflicts of interest must be disclosed.
- Agencies must publish explanations for any rule they withdraw.
- Restricts Industry Influence
- Eliminates the ability of private parties to participate in negotiated rulemaking processes.
- Imposes civil penalties—starting at $250,000—on public companies that submit false or misleading information to influence a rule.
- Restores a Six-Year Limit on Legal Challenges
- Challenges to agency actions must be filed within six years of the rule’s finalization.
- Creates an Office of the Public Advocate
- A new office within OMB would represent public interests in rulemaking, including performing equity assessments and improving public access.
- Expands Public Awareness
- Agencies must notify the public within two business days after issuing a proposed or final rule.
