Overview
Title
To provide for the sunset of rules upheld based on Chevron deference.
ELI5 AI
The Sunset Chevron Act is like a big cleaning day for old rules; it says that special rules made by some groups, which judges used to follow without asking questions, need to be checked again and will stop being used unless someone updates them.
Summary AI
The Sunset Chevron Act aims to end the effect of rules that have been supported by the legal doctrine known as Chevron deference, which allows courts to defer to a federal agency's interpretation of ambiguous laws they implement. The bill requires the Comptroller General to create a list of all court decisions that upheld rules based on Chevron deference, ensuring these rules are still valid and sets "sunset dates" for when each rule will expire. The expiration dates will be established 30 days after publication for the most recent rule of each agency, and then staggered for older rules. Additionally, it alters the usual Congressional Review Act procedures, removing the 60-day period for introducing resolutions to disapprove of these rules.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Editorial Commentary
General Summary of the Bill
H.R. 274, introduced in the 119th Congress, is designed to sunset rules that were upheld under the legal doctrine known as Chevron deference. Chevron deference refers to a principle established by the Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), which allows courts to defer to interpretations of statutes made by federal agencies, provided those interpretations are reasonable and the statute itself is ambiguous. The bill mandates the Government Accountability Office (GAO) to compile a list of all rules supported by this precedent that are still active and outlines a timeline for these rules to expire. Specifically, rules will begin expiring in an orderly fashion, starting with the most recently issued rule per agency.
Summary of Significant Issues
One core issue with the bill is its challenge to the Chevron deference doctrine, which has long played a critical role in shaping interactions between courts and regulatory agencies. By instituting sunsets on rules based on this doctrine, the bill could significantly alter administrative law. Additionally, the bill doesn't specify clear processes for compiling and verifying the list of affected rules, which risks inconsistency and oversight errors. There's also a lack of clarity regarding the consequences and administrative protocols once rules reach their sunset dates. Furthermore, modifications to the Congressional Review Act's usual legislative process could complicate legislative oversight.
Impact on the Public Broadly
The bill's potential impact on the public could be noteworthy. By sunsetting rules upheld under Chevron deference, the legislation might lead to abrupt repeals of existing regulations. This could cause regulatory gaps and uncertainty across various sectors that currently operate under these guidelines. The implications could be especially pronounced in areas like environmental regulation, workplace safety, and consumer protections, where agency interpretations often fill critical regulatory roles.
Impact on Specific Stakeholders
For federal agencies, this bill could introduce significant administrative challenges. Agencies would face the task of re-evaluating rules that might quickly lose their enforceability, which could increase operational burdens and resource allocations. For industries regulated by these agencies, there could be both positive and negative impacts. Some industries might benefit from the elimination of what they perceive as burdensome regulations, while others might suffer from the loss of protections or the introduction of market confusion.
Legal professionals and the judiciary may also experience increased workloads. The reduction in Chevron deference could lead to more legal disputes over statutory interpretation, requiring courts to resolve ambiguities that agencies previously addressed.
Overall, this bill’s far-reaching implications underscore the complexities inherent in altering a longstanding legal doctrine like Chevron deference. As such, policymakers, agencies, and the public will need to carefully consider the potential outcomes of enactment.
Issues
The bill fundamentally challenges the Chevron deference doctrine, which has significant implications for administrative law and could alter how courts interact with regulatory agencies (relates to Section 3).
The process for compiling the list of rules upheld by Chevron deference is not transparent or detailed, leading to potential inconsistencies or omissions in the list (relates to Section 3(a)).
There is no specification on how the verification and accuracy of the list will be maintained over time, potentially leading to oversight errors and unreliable rule sunsets (relates to Section 3(a)).
The consequences and administrative procedures following a rule's sunset date are unclear, leading to possible legal and practical uncertainty (relates to Section 3(c)).
The sunset of rules could equate to the automatic repeal of certain regulations without considering their contemporary relevance, potentially causing abrupt policy vacuums (relates to Section 3).
Adjusting the CRA's typical 60-day review process without clear guidelines could complicate legislative oversight and response times for impacted rules (relates to Section 4).
The bill lacks clarity on who monitors the outcomes and provides further guidance after the sunset date of rules, which could result in operational and regulatory ambiguities (relates to Section 3).
Potential resource-intensive efforts needed to implement and manage the identified sunset process may lead to increased government spending without clear benefits (relates to Section 3).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it can be officially referred to as the "Sunset Chevron Act."
2. Definitions Read Opens in new tab
Summary AI
This section explains three terms used in the Act: "Chevron deference," which refers to a legal principle of courts deferring to administrative agency interpretations; "sunset date," which is the scheduled end date for a rule; and "rule," which carries the meaning provided in a specific U.S. code.
3. GAO Review of Rules Upheld by Chevron Deference Read Opens in new tab
Summary AI
The section requires the Comptroller General to create and publish a list of court decisions that upheld federal rules based on Chevron deference, where those rules are still active. The list must be organized by agency and include a sunset date for each rule, with the most recent rules expiring 30 days after the list is published and earlier rules expiring in sequence after that.
4. Exception to the CRA to the 6-Legislative-Day Window for Certain Rules Read Opens in new tab
Summary AI
The section explains that certain rules mentioned in section 3 will be an exception to the normal 60-day period for filing a joint resolution under the Congressional Review Act. Instead, Chapter 8 of title 5 of the United States Code will apply to these rules, bypassing the usual time restriction.