Plain Language Summary
# Sunset Chevron Act - Plain Language Summary **What This Bill Would Do** The Sunset Chevron Act would require the Government Accountability Office (GAO)—a nonpartisan congressional watchdog agency—to create a list of all federal regulations that were previously upheld in court under a legal doctrine called "Chevron deference." The bill would then set expiration dates (sunset dates) for these rules, meaning they would automatically expire unless Congress or the agencies take action to keep them. This follows a major 2024 Supreme Court decision that eliminated Chevron deference, which had allowed courts to defer to federal agencies' interpretations of ambiguous laws. **Who It Affects and Key Provisions** This bill would potentially affect thousands of federal regulations across agencies like the EPA, FDA, and Labor Department—essentially any rule that was defended in court under the old Chevron standard. Businesses, environmental groups, workers, and other stakeholders relying on these regulations would be impacted depending on whether rules expire or are renewed.
The bill would only apply to rules still in effect when the law passes and would require the GAO to compile the list within a specified timeframe. **Current Status** The bill is currently in committee (HR 274, sponsored by Rep. Mark Green, R-TN), meaning it has not yet been voted on by the full House of Representatives. It remains in the early stages of the legislative process.
CRS Official Summary
Sunset Chevron ActThis bill requires the Government Accountability Office (GAO) to compile a list of, and sunset dates for, federal agency rules that were upheld under the administrative law doctrine of Chevron deference. (In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned Chevron v. Natural Resources Defense Council and held that courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority. Under Loper, the courts may not defer to an agency interpretation of the law simply because a statute is ambiguous, as the Chevron doctrine required.)Under the bill, the GAO list must include each federal court decision 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 bill. The list must also include a sunset date for each identified rule.The sunset date for each agency's most recent rule on the list must be 30 days after the list is published. The sunset date for each prior rule of the agency must be 30 days after the sunset date of the rule preceding it on the list. Further, rules identified on the list are subject to a joint resolution of disapproval under the Congressional Review Act without regard to the 60-legislative-day limit on the period for filing such a resolution after a rule has been received by Congress.
Latest Action
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 jurisdiction of the committee concerned.