H.R. 274 — Sunset Chevron Act

This section defines, for purposes of the Act, the terms "(1) Chevron deference" (i.e., the judicial deference doctrine pursuant to Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)); "(2) sunset date" (i.e., the date on which a rule ceases to have force or effect); and "(3) rule" (i.e., as defined in 5 U.S.C. § 551).

This section directs the Comptroller General of the United States to compile and publish, not later than 180 days after enactment, a list of each federal court decision that (1) upheld an agency rule based on Chevron deference, (2) was not subsequently overturned, and (3) pertains to a rule in effect on the date of enactment. The list must be organized by agency—in reverse chronological order of each rule's issuance—and must assign a sunset date to each rule, calculated as (1) 30 days after list publication for the most recent rule per agency, or (2) 30 days after the sunset date of the preceding rule for all prior rules of that agency. (Thus, the provision establishes staggered sunsets for rules previously upheld under Chevron deference.)

This section applies chapter 8 of title 5, United States Code (i.e., the Congressional Review Act), to each rule identified under section 3, except that the 60-day period for filing a joint resolution of disapproval under section 802(a) does not apply.