Summary#
This bill is called the Sunset Chevron Act. It directs the Comptroller General (the head of the Government Accountability Office, GAO) to list federal court decisions that upheld agency rules by using Chevron deference and then assigns automatic expiration dates (sunsets) to those rules. The bill also says the Congressional Review Act will apply to those rules except that the normal 60-day window for filing a joint resolution does not apply.
- Main change: GAO must identify all court decisions that upheld currently active rules based on Chevron deference and set a schedule that causes those rules to expire in sequence for each agency.
- How sunsets work: For each agency, the most recent such rule will expire 30 days after GAO publishes the list. Earlier rules for that agency will expire every 30 days thereafter in reverse chronological order.
- CRA change: The Congressional Review Act will apply to these rules, but the bill removes the 60-day deadline for filing a joint resolution under that Act.
- Definition: The bill defines “Chevron deference” as the doctrine from the Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
What is unclear: The bill does not explain how to determine whether a court decision “upheld a rule based on Chevron deference” in cases with mixed legal reasoning, or how to treat rules that were later changed, repealed, or enforced differently after the listed decision.
What it means for you#
- Federal agencies: Agencies that have rules upheld by courts under Chevron will see those rules assigned sunset dates. Agencies may need to review, revise, or reissue rules before their sunset date to keep them in effect.
- People and businesses regulated by federal rules: Rules that govern permits, safety standards, benefits, enforcement, licensing, or taxes could expire on the scheduled dates. This could change what is required of regulated parties until agencies or Congress act.
- GAO / Comptroller General: GAO must compile and publish the list within 180 days of the bill’s enactment and calculate every sunset date as the bill specifies.
- Congress: The bill applies the Congressional Review Act to these rules but removes the usual 60-day filing deadline. It could affect how and when Congress chooses to disapprove or review these rules.
- Courts and litigation: Automatic expiration of rules could affect ongoing or future lawsuits that rely on the continued existence of those rules.
Expenses#
No publicly available information.
- The bill itself includes no fiscal note in the supplied material.
- Possible administrative costs (inferred): GAO work to compile the list, agency work to track and respond to sunsets, and possible new rulemaking could raise staffing and legal costs. These are reasonable possibilities based on the bill’s requirements, but the bill text does not provide dollar estimates.
Proponents' View#
- The bill appears intended to remove or limit rules that were preserved by Chevron deference by forcing them to expire unless reissued.
- Supporters may argue this could increase accountability by making agencies revisit rules that courts upheld primarily on judicial deference grounds.
- The bill could be seen as giving Congress a clearer role in reviewing such rules by bringing them under the Congressional Review Act framework (with the specified change).
Opponents' View#
- One concern is regulatory uncertainty: rules could expire quickly and in sequence, which may disrupt programs, compliance plans, and enforcement that depend on stable rules.
- The bill does not clearly explain how to identify which court decisions “upheld” rules under Chevron when opinions rely on multiple legal grounds. This could lead to disputes and litigation over which rules are listed.
- Agencies may face administrative and legal costs to reissue, defend, or replace rules before their sunset dates.
- The removal of the CRA’s 60-day filing period could create procedural uncertainties about how Congress can or will use the CRA in response.
- The bill may leave gaps in regulation if a rule expires before an agency or Congress acts to replace it, potentially affecting public health, safety, or benefits; the text does not include measures to prevent gaps.