Section 1 Short title
This Act may be cited as the “Sunset Chevron Act”.
Sunset Chevron Act
A BILL
To provide for the sunset of rules upheld based on Chevron deference.
Sec. 2 Definitions
In this Act:
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)).
The term sunset date means the date on which a rule will cease to have force or effect.
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
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—
upheld a rule based on Chevron deference;
was not subsequently overturned; and
pertains to a rule that is in effect on the date of enactment of this Act.
Organization of list— Such list shall—
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
provide a sunset date for each rule.
Sunset date calculation— The Comptroller General shall calculate the sunset date for each rule identified in the list compiled under subsection (a) as follows:
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.
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.