The Sunset Chevron Act would require that certain federal rules—specifically, those that were upheld by courts using Chevron deference—sunset (expire) on a defined schedule. The bill directs the Comptroller General (GAO) to within 180 days compile a list of federal court decisions that upheld a rule based on Chevron deference, were not overturned, and involve a rule still in effect on the enactment date. For each agency, the list is organized in reverse chronological order and must assign a sunset date to each rule. The sunset dates are set so the most recent rule expires 30 days after the list is published, and earlier rules expire 30 days after the sunset date of the immediately following rule for that agency. In addition, rules identified under this section would be governed by the Congressional Review Act’s procedures, but the bill would remove the 60-day window to file a joint resolution disapproving those rules. Overall, the bill would create a process to phase out rules that were sustained through Chevron deference.
Key Points
- 1Sunset ofChevron-based rules: Rules upheld by Chevron deference and still in effect as of enactment would be slated for expiration on a defined timeline, rather than remaining in force indefinitely.
- 2GAO list and timeframes: Within 180 days of enactment, the GAO must publish a list of eligible decisions, organized by agency, with each rule assigned a sunset date.
- 3Sunset date methodology: For each agency, the most recent rule on the list would sunset 30 days after the list is published; each earlier rule would sunset 30 days after the sunset date of the immediately following rule for that agency.
- 4Definitions: The bill defines Chevron deference (judicial deference to agency interpretations under Chevron U.S.A., Inc. v. NRDC) and clarifies terms like “sunset date” and “rule” (as defined by 5 U.S.C. 551).
- 5CRA window exception: The 60-day period in which a joint resolution disapproving a rule under the Congressional Review Act normally must be filed would not apply to the rules identified under section 3.