H.R.274 - Sunset Chevron Act (119th Congress)
Summary
H.R. 274, the "Sunset Chevron Act," aims to introduce a sunset provision for rules upheld based on Chevron deference. This bill requires the Comptroller General to compile a list of court decisions that upheld rules based on Chevron deference and establish sunset dates for those rules. The sunset dates are calculated based on the order in which the rules were made by each agency, with the most recent rule sunsetting first.
Expected Effects
The primary effect of this bill would be to force a periodic review of regulations that have been upheld under Chevron deference. This could lead to the expiration of some regulations unless Congress or the relevant agency acts to renew them. This could shift power away from the executive branch and towards Congress.
Potential Benefits
- Increased Congressional oversight of agency regulations.
- Potential reduction in the number of regulations over time.
- Greater accountability for agencies in justifying their rules.
- Encourages agencies to update and modernize regulations.
- May lead to the removal of outdated or ineffective rules.
Potential Disadvantages
- Increased workload for the Government Accountability Office (GAO).
- Potential for regulatory uncertainty as rules sunset.
- Risk of important regulations expiring due to inaction.
- Could create legal challenges regarding the sunsetting of rules.
- May disproportionately affect agencies with numerous rules upheld by Chevron deference.
Constitutional Alignment
The bill's focus on Congressional oversight aligns with Article I, Section 1, which vests legislative powers in Congress. By requiring a review and potential sunset of agency rules, the bill seeks to reassert Congressional authority over regulatory actions. This could be seen as a check on the executive branch's power, consistent with the separation of powers principle. However, the constitutionality of sunsetting rules upheld by judicial deference could be debated, as it potentially infringes on the judiciary's role in interpreting laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).