Overview
Title
To provide for the sunset of rules upheld based on Chevron deference.
ELI5 AI
Imagine some grown-ups made some confusing rules, and other grown-ups help decide what those rules mean. This new bill wants to stop using the old way of deciding and set dates for those confusing rules to go away, one by one.
Summary AI
H.R. 8889, known as the "Sunset Chevron Act," aims to terminate rules that have been upheld based on the legal principle called Chevron deference, which allows courts to defer to a federal agency's interpretation of ambiguous laws. The bill instructs the Comptroller General to create and publish a list of such rules still in effect, alongside their "sunset dates," which is when the rules will lose their effect. The sunset dates are staggered, beginning 30 days after the list is published, with the most recent rule expiring first. Additionally, the bill modifies the Congressional Review Act to allow more flexibility in reconsidering these rules by eliminating the standard 60-day period for legislative review.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Sunset Chevron Act," seeks to eliminate certain regulatory rules that have been previously upheld by courts due to a legal doctrine called Chevron deference. This doctrine allows federal agencies to interpret ambiguous laws related to their expertise, and courts traditionally defer to those interpretations. The bill outlines a process wherein these rules, still effective at the time of enactment, will be systematically phased out—known as "sunsetting." The sunset process is managed through a list to be compiled by the Comptroller General, detailing affected rules and arranging them chronologically by their issuing agency.
Summary of Significant Issues
One notable issue is the potential creation of a regulatory vacuum or legal uncertainty. By allowing rules to expire automatically without clear guidelines for what will replace them, the bill might inadvertently disrupt established regulatory frameworks which govern critical sectors. Additionally, the timeline given to the Government Accountability Office (GAO) to build this comprehensive list—180 days—might be difficult to achieve due to the complexity and volume of past cases involving Chevron deference. Another concern relates to the calculation of sunset dates, especially with rules originating simultaneously, which might lead to inconsistent application of the law. Furthermore, there is a lack of specification on how these new timelines might conflict with current rule expiration schedules, and the bill’s impact on Congress’s ability to review and counter these sunsets is unclear due to exceptions to typical oversight periods.
Impact on the Public
The bill could bring both transparency and challenges to the regulatory process. On one hand, it may appeal to those advocating for limiting federal agency power by curbing judicial deference. On the other hand, the broad withdrawal of existing rules, especially without immediate replacements, might affect industries dependent on these regulations for compliance and operational standards. These impacts could create confusion among businesses and even lead to economic uncertainties.
Impact on Specific Stakeholders
For federal agencies, this bill represents a significant shift, essentially disempowering their rule-making capability supported by Chevron deference. This could constrain their operations and effectiveness unless new methods of judicial review are established. Businesses and industries regulated by these rules might face significant challenges adapting to rapidly changing legal standards, potentially leading to increased compliance costs and operational disruptions. Conversely, the bill could benefit parties who have previously felt disadvantaged by agency regulations upheld under Chevron deference, granting them greater scope to contest such rules. Finally, the GAO faces the administrative challenge of compiling an extensive list of cases, a task that is resource-intensive and demands meticulous accuracy.
In summary, while the "Sunset Chevron Act" seeks to enhance legislative oversight and curb federal agency powers, the complexities and potential repercussions for various stakeholders highlight the critical need for a carefully managed transition to a new regulatory landscape.
Issues
The bill prescribes the sunset of rules upheld based on Chevron deference without specifying the potential legal and regulatory impacts of allowing such rules to expire automatically. This could result in significant legal uncertainties and regulatory vacuums. (Section 3)
The GAO's responsibility to compile and publish a comprehensive list of decisions within 180 days might be challenging given the potential volume and complexity of cases. There is no guidance on what happens if this deadline is not met, which could hinder effective enforcement. (Section 3)
The process for determining the sunset dates based on reverse chronological order may cause confusion, especially if multiple rules share the same effective date. This could lead to inconsistent application of sunset dates. (Section 3)
The bill's mechanism for interacting with existing timelines or expiration dates in rules upheld by Chevron deference is not specified, leading to possible conflicts with pre-established regulatory schedules. (Section 3)
The bill introduces exceptions to the Congressional Review Act’s 60-day period, but does not explain the implications of this exception, which might impact legislative oversight on the expiration of certain rules. (Section 4)
The text involves complex legal and legislative terminology without providing enough context or clarity for laypersons, potentially making it inaccessible to the general public. (Sections 2 and 4)
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 section states that the official short title for the Act is the "Sunset Chevron Act."
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the Act, including "Chevron deference" which refers to a legal principle about court interpretation of agency regulations, "sunset date" as the cutoff when a rule stops being effective, and "rule" as defined in another legal code.
3. GAO Review of Rules Upheld by Chevron Deference Read Opens in new tab
Summary AI
In this section, the Comptroller General is required to create and publish a list of court decisions that supported federal rules based on Chevron deference, which have not been overturned and are still in effect. The list will be organized by agency and will include sunset dates for each rule, with the most recent rules expiring 30 days after the list is published, and earlier rules expiring 30 days after each preceding rule.
4. Exception to the CRA to the 6-Legislative-Day Window for Certain Rules Read Opens in new tab
Summary AI
Chapter 8 of title 5 of the U.S. Code will still apply to certain rules mentioned in section 3, but the usual 60-day period for Congress to file a joint resolution opposing these rules won't apply in this case.