Bills of Congress by U.S. Congress

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

This document is a joint resolution passed by the Senate and House of Representatives to disapprove a rule submitted by the National Highway Traffic Safety Administration (NHTSA). The rule concerns Federal Motor Vehicle Safety Standards related to the fuel system integrity of hydrogen vehicles, compressed hydrogen storage system integrity, and incorporation by reference. The resolution invokes chapter 8 of title 5, United States Code, which provides for congressional disapproval of agency rules.

Specifically, the resolution targets NHTSA's rule published in the Federal Register on January 17, 2025. By disapproving the rule, Congress aims to prevent it from taking effect.

This action represents a check on the executive branch's regulatory authority by the legislative branch.

Expected Effects

The immediate effect of this joint resolution, if enacted, is that the NHTSA rule regarding hydrogen vehicle safety standards will not go into effect. This means the existing regulations, or lack thereof, will remain in place until further action is taken.

This could lead to a delay in the implementation of new safety standards for hydrogen vehicles. It also signals a potential disagreement between Congress and the NHTSA regarding the appropriate level or nature of regulation for this emerging technology.

Potential Benefits

  • Prevents potentially burdensome or ineffective regulations from being implemented.
  • Allows for further review and refinement of safety standards for hydrogen vehicles.
  • Could encourage the development of more innovative and cost-effective safety technologies.
  • Reinforces congressional oversight of executive agency rulemaking.
  • May address concerns raised by industry stakeholders regarding the practicality or cost of the proposed rule.

Potential Disadvantages

  • Delays the implementation of potentially important safety standards for hydrogen vehicles.
  • Creates uncertainty for manufacturers and consumers regarding the regulatory landscape for hydrogen vehicles.
  • Could hinder the development and adoption of hydrogen vehicle technology if clear safety standards are lacking.
  • May expose the public to potential safety risks associated with hydrogen vehicles if existing regulations are inadequate.
  • Could be perceived as undermining the authority and expertise of the NHTSA.

Constitutional Alignment

This joint resolution aligns with the principle of separation of powers enshrined in the US Constitution, particularly Article I, Section 1, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is enacted, is a mechanism for Congress to check the power of the executive branch in implementing regulations.

By disapproving the NHTSA rule, Congress is exercising its legislative authority to shape policy and ensure that agency actions are consistent with congressional intent. This action does not appear to infringe upon any specific individual rights or liberties protected by the Constitution or its amendments.

However, the appropriateness of this particular disapproval could be debated in terms of whether Congress has sufficient expertise to override the technical judgment of the NHTSA.

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).