[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 274
To provide for the sunset of rules upheld based on Chevron deference.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2025
Mr. Green of Tennessee (for himself, Mr. Biggs of Arizona, Mr. Zinke,
Mr. Higgins of Louisiana, Mr. Ogles, Mr. Collins, Mr. Cloud, Mr.
Rouzer, 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
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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