I
119THCONGRESS
1
STSESSION H. R. 274
To provide for the sunset of rules upheld based on Chevron deference.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2025
Mr. G
REENof Tennessee (for himself, Mr. BIGGSof Arizona, Mr. ZINKE, Mr.
H
IGGINSof Louisiana, Mr. OGLES, Mr. COLLINS, Mr. CLOUD, Mr.
R
OUZER, Mr. OWENS, Mrs. FISCHBACH, and Mr. BRECHEEN) introduced
the following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Oversight and Government Reform,
and Rules, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide for the sunset of rules upheld based on Chevron
deference.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Sunset Chevron Act’’. 4
SEC. 2. DEFINITIONS. 5
In this Act: 6
(1) The term ‘‘Chevron deference’’ means the 7
legal doctrine of judicial deference pursuant to Chev-8
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•HR 274 IH
ron U.S.A., Inc. v. Natural Resources Defense 1
Council, Inc. (467 U.S. 837 (1984)). 2
(2) The term ‘‘sunset date’’ means the date on 3
which a rule will cease to have force or effect. 4
(3) The term ‘‘rule’’ has the meaning given 5
such term in section 551 of title 5, United States 6
Code. 7
SEC. 3. GAO REVIEW OF RULES UPHELD BY CHEVRON DEF-8
ERENCE. 9
(a) I
NGENERAL.—Not later than 180 days after the 10
date of enactment of this Act, the Comptroller General 11
of the United States shall compile and publish a list of 12
each decision issued by a Federal court that— 13
(1) upheld a rule based on Chevron deference; 14
(2) was not subsequently overturned; and 15
(3) pertains to a rule that is in effect on the 16
date of enactment of this Act. 17
(b) O
RGANIZATION OFLIST.—Such list shall— 18
(1) be organized by the agency that made the 19
rule, and for each such agency, the list shall be in 20
reverse chronological order of the date on which the 21
agency made the relevant rule; and 22
(2) provide a sunset date for each rule. 23
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(c) SUNSETDATECALCULATION.—The Comptroller 1
General shall calculate the sunset date for each rule identi-2
fied in the list compiled under subsection (a) as follows: 3
(1) The sunset date for the most recent rule 4
made by each agency and identified in the list under 5
subsection (a) shall be on the date that is 30 days 6
after the list under subsection (a) is published. 7
(2) The sunset date for each prior rule made by 8
such agency and identified in the list under sub-9
section (a) shall be 30 days after the sunset date of 10
the rule made by such agency and identified in such 11
list that precedes such prior rule. 12
SEC. 4. EXCEPTION TO THE CRA TO THE 6-LEGISLATIVE- 13
DAY WINDOW FOR CERTAIN RULES. 14
Chapter 8 of title 5, United States Code, shall apply 15
to each rule identified under section 3, except that the 60- 16
day period for filing a joint resolution under section 17
802(a) of that title shall not apply. 18
Æ
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