S.jres55 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Highway Traffic Safety Administration relating to Federal Motor Vehicle Safety Standards; Fuel System Integrity of Hydrogen Vehicles; Compressed Hydrogen Storage System Integrity; Incorporation by Reference. (119th Congress)
Summary
S.J. Res. 55 is a joint resolution providing for congressional disapproval of a rule submitted by the National Highway Traffic Safety Administration (NHTSA) concerning Federal Motor Vehicle Safety Standards for hydrogen vehicles, specifically focusing on fuel system integrity and compressed hydrogen storage systems. The rule in question is 90 Fed. Reg. 6218, published on January 17, 2025, which incorporates certain standards by reference.
The resolution was introduced in the Senate on May 19, 2025, and referred to the Committee on Commerce, Science, and Transportation. Subsequently, the committee was discharged by petition, and the resolution was placed on the calendar.
The resolution aims to nullify the NHTSA rule, preventing it from taking effect.
Expected Effects
If S.J. Res. 55 is enacted, the NHTSA rule regarding fuel system integrity of hydrogen vehicles and compressed hydrogen storage systems will not go into effect. This would mean that the existing standards, if any, would remain in place until a new rule is established.
The practical effect is that the specific safety standards outlined in the disapproved rule would not be enforced, potentially affecting the development and deployment of hydrogen vehicles. This could lead to a reassessment of safety protocols and potentially delay the adoption of hydrogen vehicle technology.
Potential Benefits
- Could allow for a reassessment of the rule, potentially leading to more effective or less burdensome regulations.
- May address concerns raised by stakeholders regarding the practicality or cost-effectiveness of the original rule.
- Could prevent the implementation of standards that are deemed overly restrictive or technologically infeasible.
- Might encourage further research and development to inform future rulemaking.
- Could foster greater innovation by avoiding premature standardization.
Potential Disadvantages
- Could delay the implementation of updated safety standards for hydrogen vehicles, potentially increasing safety risks.
- May create uncertainty for manufacturers and developers in the hydrogen vehicle industry.
- Could hinder the progress of hydrogen vehicle technology by removing a set of established guidelines.
- Might lead to a patchwork of inconsistent standards if states or localities attempt to fill the regulatory gap.
- Could undermine public confidence in the safety of hydrogen vehicles if clear federal standards are lacking.
Constitutional Alignment
This resolution invokes Congress's power to review and disapprove agency rules under 5 U.S.C. Chapter 8, also known as the Congressional Review Act (CRA). Article I, Section 1 of the Constitution vests all legislative powers in Congress, which inherently includes the power to oversee and check the actions of the executive branch and its agencies.
The CRA provides a specific mechanism for Congress to disapprove of agency rules, ensuring that regulatory actions align with congressional intent. The resolution itself does not appear to infringe upon any specific constitutional rights or limitations.
By utilizing the CRA, Congress is exercising its constitutional oversight role to ensure that agency regulations are consistent with the law and policy preferences of the legislative branch.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).