I 

118TH CONGRESS 

2D SESSION H. R. 8889 

To provide for the sunset of rules upheld based on Chevron deference. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2024 

Mr. GREEN of Tennessee (for himself, Mr. OGLES, Mr. BRECHEEN, Mrs. MILLER of Illinois, Mr. PENCE, Mr. COLLINS, Mr. MOORE of Alabama, Mr. 

BIGGS, and Mr. ZINKE) introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committees 

on Oversight and Accountability, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunset Chevron Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘Chevron deference’’ means the 

8 legal doctrine of judicial deference pursuant to ChevVerDate Sep 11 2014 07:01 Aug 13, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8889.IH H8889

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•HR 8889 IH

1 ron U.S.A., Inc. v. Natural Resources Defense 

2 Council, Inc. (467 U.S. 837 (1984)). 

3 (2) The term ‘‘sunset date’’ means the date on 

4 which a rule will cease to have force or effect. 

5 (3) The term ‘‘rule’’ has the meaning given 

6 such term in section 551 of title 5, United States 

7 Code. 

8 SEC. 3. GAO REVIEW OF RULES UPHELD BY CHEVRON DEF9 ERENCE. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Comptroller General 

12 of the United States shall compile and publish a list of 

13 each decision issued by a Federal court that— 

14 (1) upheld a rule based on Chevron deference; 

15 (2) was not subsequently overturned; and 

16 (3) pertains to a rule that is in effect on the 

17 date of enactment of this Act. 

18 (b) ORGANIZATION OF LIST.—Such list shall— 

19 (1) be organized by the agency that made the 

20 rule, and for each such agency, the list shall be in 

21 reverse chronological order of the date on which the 

22 agency made the relevant rule; and 

23 (2) provide a sunset date for each rule. 


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1 (c) SUNSET DATE CALCULATION.—The Comptroller 

2 General shall calculate the sunset date for each rule identi3 fied in the list compiled under subsection (a) as follows: 

4 (1) The sunset date for the most recent rule 

5 made by each agency and identified in the list under 

6 subsection (a) shall be on the date that is 30 days 

7 after the list under subsection (a) is published. 

8 (2) The sunset date for each prior rule made by 

9 such agency and identified in the list under sub10 section (a) shall be 30 days after the sunset date of 

11 the rule made by such agency and identified in such 

12 list that precedes such prior rule. 

13 SEC. 4. EXCEPTION TO THE CRA TO THE 6-LEGISLATIVE14 DAY WINDOW FOR CERTAIN RULES. 

15 Chapter 8 of title 5, United States Code, shall apply 

16 to each rule identified under section 3, except that the 60- 

17 day period for filing a joint resolution under section 

18 802(a) of that title shall not apply. 

Æ 


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