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2 versions
RefinementWhat changed in REPORTED IN HOUSEcompared with INTRODUCED IN HOUSE (Jun 5, 2025)
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A refinement diff. The bill's target for repeal in Section 1(b) was updated from the "Review of Agency Action Clarification Temporary Amendment Act of 2024 (D.C. Law 25-290)" to the "Review of Agency Action Clarification Amendment Act of 2025 (D.C. Law 26-37)". This change ensures the federal prohibition targets the most current District of Columbia legislation related to agency deference.

H.R. 3766·119th Congress·Introduced Jun 5, 2025

To prohibit the District of Columbia from requiring tribunals in court or administrative proceedings in the District of Columbia to defer to the Mayor of the District of Columbia's interpretation of statutes and regulations, and for other purposes.

Reported To HouseLawMajor
View bill text
Sponsor
Rep. Hageman, Harriet M. [R-WY-At Large]
Committees
Oversight and Government Reform Committee (primary)
Last action
May 13, 2026

Bottom line

H.R. 3766 aims to increase judicial scrutiny of D.C. agency actions by eliminating the requirement for D.C. courts and administrative tribunals to defer to the Mayor's or agency's interpretations of law, while also directly overriding a D.C. local law.

What it actually does

This bill prohibits courts and administrative tribunals in the District of Columbia from deferring to the Mayor's or any D.C. agency's interpretation of statutes and regulations they administer. It explicitly repeals the "Review of Agency Action Clarification Amendment Act of 2025 (D.C. Law 26-37)," thereby undoing any local D.C. law that established or clarified such deference. The practical effect is to eliminate "Chevron deference" within the District of Columbia's legal system.

Proponents argue

Proponents argue that this bill enhances judicial independence and ensures that D.C. courts and administrative tribunals exercise their full authority in interpreting the law. They contend that requiring deference to agency interpretations can lead to overreach by the executive branch, reduce accountability, and potentially allow agencies to act beyond their statutory authority without sufficient judicial check. They may also argue it promotes a more consistent application of law by placing interpretation squarely with the judiciary.

Opponents contend

Opponents would likely argue that this bill undermines the expertise of D.C. agencies and the Mayor in administering complex statutes and regulations. They might contend that judicial deference is a necessary principle for efficient governance, allowing agencies to adapt laws to changing circumstances and apply specialized knowledge. Furthermore, they may view this as an undue federal intervention into the District's self-governance, overriding a local law (D.C. Law 26-37) passed by the D.C. Council.

The bill text is very short and straightforward, making it highly accessible for a quick read.

Section 1(a)

Elimination of Deference to D.C. Mayor and Agency Interpretations

prominently featuredstraightforward

This section forbids any court or administrative body in the District of Columbia from automatically accepting (deferring to) the Mayor's or a D.C. agency's interpretation of a law or regulation that the Mayor or agency is responsible for enforcing. This applies both when reviewing specific decisions or orders and when evaluating new rules adopted by the Mayor or an agency, thereby requiring D.C. tribunals to interpret the law independently.

GroupImpactMechanismScale
GroupDistrict of Columbia Courts and Administrative TribunalsImpactIncreased judicial review burden, greater interpretive authority.MechanismDirect statutory prohibition on deference.ScaleSystemic change to administrative law in D.C.
GroupMayor of the District of Columbia and D.C. AgenciesImpactReduced authority in interpreting their own statutes and regulations; increased likelihood of judicial reversal of interpretations.MechanismElimination of deference doctrine.ScaleSystemic change to administrative law in D.C.
GroupResidents and Businesses in D.C.ImpactPotentially greater protection against arbitrary agency action; increased legal certainty if judicial interpretations are seen as more stable.MechanismCourts will independently interpret laws, not defer to agencies.ScaleBroad impact on interactions with D.C. government.

Supporters argue

Supporters argue this provision strengthens the rule of law by ensuring that an independent judiciary, rather than the executive branch, has the final say on legal interpretations. They believe it prevents agencies from expanding their power through self-serving interpretations and provides greater fairness and predictability for those subject to D.C. regulations.

Critics contend

Critics contend this provision will lead to increased litigation, slow down governmental processes, and diminish the ability of expert agencies to effectively implement complex policies. They argue that agencies possess specialized knowledge crucial for interpreting technical statutes and that deference allows for more flexible and responsive governance.

Tradeoffs

The provision balances judicial independence and oversight against administrative efficiency and agency expertise. It trades the potential for quicker agency action based on their own interpretations for a system where courts have a stronger, independent role in defining the scope of agency power.

Section 1(b)

Repeal of the Review of Agency Action Clarification Amendment Act of 2025

prominently featuredstraightforward

This section explicitly revokes a specific D.C. law, the "Review of Agency Action Clarification Amendment Act of 2025 (D.C. Law 26-37)." It also restores any previous laws that D.C. Law 26-37 might have changed or repealed, effectively undoing the effects of that D.C. law as if it had never been enacted. This implies D.C. Law 26-37 was the local legislation that established or clarified the deference doctrine this federal bill seeks to eliminate.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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