Sunset Chevron Act
- Sponsor
- Rep. Green, Mark E. [R-TN-7]
- Committees
- Rules Committee (primary)
- Last action
- Jan 9, 2025
Bottom line
This bill aims to systematically eliminate federal agency rules that have been upheld by courts under the Chevron deference doctrine, significantly altering the regulatory landscape and judicial review of agency actions.
What it actually does
This bill mandates the Comptroller General of the United States to compile a list of all federal court decisions that upheld a rule based on 'Chevron deference' and were not subsequently overturned, provided those rules are currently in effect. For each identified rule, the bill establishes a sunset date, effectively terminating its force and effect. The most recent rule for each agency sunsets 30 days after the list's publication, with subsequent rules sunsetting every 30 days thereafter.
Proponents argue
Proponents argue that this bill reasserts congressional authority and limits the power of unelected bureaucrats by ending judicial deference to agency interpretations of ambiguous statutes. They contend it promotes accountability, reduces regulatory burdens, and restores the proper balance of power between the legislative, executive, and judicial branches.
Opponents contend
Opponents would likely argue that eliminating rules based on Chevron deference could create significant legal and regulatory uncertainty, disrupt established policies, and undermine the expertise of federal agencies. They might contend that Chevron deference provides necessary stability and allows agencies to effectively implement complex laws as intended by Congress, and that its removal would lead to a flood of litigation and administrative paralysis.
The bill is very short and can be read quickly, but understanding its full implications requires familiarity with administrative law concepts.
Section 1
Short Title
This section simply names the Act the "Sunset Chevron Act," providing a common reference for the legislation. This title immediately signals the bill's intent to address the legal doctrine of Chevron deference and its impact on federal regulations.
Supporters argue
Supporters would argue this provides a clear and concise name for the legislation, immediately conveying its purpose and making it easily identifiable.
Critics contend
No specific opposition is typically raised against the short title itself, as it is a standard legislative practice.
Tradeoffs
None.
Section 2
Definitions of Key Terms
This section defines three critical terms used throughout the Act: "Chevron deference" (referencing the Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.), "sunset date" (the date a rule will cease to have force or effect), and "rule" (using the definition from section 551 of title 5, United States Code). These definitions are crucial for understanding the precise scope and mechanism of the bill's operation.
Section 3
GAO Compilation and Sunset of Chevron-Upheld Rules
This section mandates the Comptroller General of the United States (GAO) to compile and publish a list within 180 days of the Act's enactment. This list must include all federal court decisions that upheld a rule based on Chevron deference, were not subsequently overturned, and pertain to rules currently in effect. The list is organized by agency in reverse chronological order of the rule's making. Crucially, the GAO must calculate and assign a "sunset date" for each rule. The most recent rule made by each agency and identified in the list will sunset 30 days after the list's publication, and each preceding rule made by that agency will sunset 30 days after the sunset date of the rule that immediately followed it on the list.
Section 4
Exception to the Congressional Review Act (CRA) for Certain Rules
This section states that Chapter 8 of title 5, United States Code (the Congressional Review Act or CRA), shall apply to each rule identified under Section 3, except that the 60-day period for filing a joint resolution of disapproval under section 802(a) of that title shall not apply. This means that while the CRA's general framework for congressional oversight of agency rules is acknowledged, the specific procedural timeline for disapproving new rules is modified for the rules being sunsetted by this Act.