Sunset Chevron Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8889 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8889

 To provide for the sunset of rules upheld based on Chevron deference.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2024

  Mr. Green of Tennessee (for himself, Mr. Ogles, Mr. Brecheen, Mrs. 
 Miller of Illinois, Mr. Pence, Mr. Collins, Mr. Moore of Alabama, Mr. 
Biggs, and Mr. Zinke) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees on 
      Oversight and Accountability, and Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset Chevron Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Chevron deference'' means the legal doctrine 
        of judicial deference pursuant to Chevron U.S.A., Inc. v. 
        Natural Resources Defense Council, Inc. (467 U.S. 837 (1984)).
            (2) The term ``sunset date'' means the date on which a rule 
        will cease to have force or effect.
            (3) The term ``rule'' has the meaning given such term in 
        section 551 of title 5, United States Code.

SEC. 3. GAO REVIEW OF RULES UPHELD BY CHEVRON DEFERENCE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall compile and publish a list of each decision issued by a Federal 
court that--
            (1) upheld a rule based on Chevron deference;
            (2) was not subsequently overturned; and
            (3) pertains to a rule that is in effect on the date of 
        enactment of this Act.
    (b) Organization of List.--Such list shall--
            (1) be organized by the agency that made the rule, and for 
        each such agency, the list shall be in reverse chronological 
        order of the date on which the agency made the relevant rule; 
        and
            (2) provide a sunset date for each rule.
    (c) Sunset Date Calculation.--The Comptroller General shall 
calculate the sunset date for each rule identified in the list compiled 
under subsection (a) as follows:
            (1) The sunset date for the most recent rule made by each 
        agency and identified in the list under subsection (a) shall be 
        on the date that is 30 days after the list under subsection (a) 
        is published.
            (2) The sunset date for each prior rule made by such agency 
        and identified in the list under subsection (a) shall be 30 
        days after the sunset date of the rule made by such agency and 
        identified in such list that precedes such prior rule.

SEC. 4. EXCEPTION TO THE CRA TO THE 6-LEGISLATIVE-DAY WINDOW FOR 
              CERTAIN RULES.

    Chapter 8 of title 5, United States Code, shall apply to each rule 
identified under section 3, except that the 60-day period for filing a 
joint resolution under section 802(a) of that title shall not apply.
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