FOR IMMEDIATE RELEASE
After Supreme Court Decision, Rep. Green Introduces Sunset Chevron Act to Restore Checks and Balances
WASHINGTON—Today, Rep. Mark Green introduced the Sunset Chevron Act, which would force executive agency rules that were upheld by Chevron Deference to sunset after a designated period of time if not passed into law by Congress. This will retroactively correct many of the disasters caused by decades of Chevron and fully put the power of lawmaking back where the Founding Fathers intended it—in Congress. More specifically, this bill requires the Government Accountability Office (GAO) to compile a list of executive agency actions that have been upheld by Chevron deference. These actions begin sunsetting every 30 days on a rolling basis unless they are upheld by Congressional action.
Rep. Green said, “This legislation restores order to our constitutional system of checks and balances. Chevron Deference has been among the greatest threats to the separation of powers since it was decided by the Supreme Court almost 40 years ago. Chevron Deference not only usurps Congress’ lawmaking authority, but gives unelected and unaccountable bureaucrats in Washington enormous control over the lives of Americans. My legislation seeks to right this imbalance and restore Congress and the judiciary to their rightful places in our Constitutional system.”
“Over the past three years, the Biden administration has manipulated laws passed by Congress to concentrate power. Take, for example, the Biden administration’s “90-day pause," which lasted for over 200 days, on the issuance of new firearm export licenses. The policy was intentionally vague, giving the Biden administration the cover to stonewall license applications. In response, I introduced the Stop the Bureaucratic Ineptitude Shuttering Respectable and Upstanding Lawful Exporters Act. Further, when the Biden administration threatened archery and other shooting sports in schools, I introduced the Protecting Hunting Heritage and Education Act, which was signed into law after its near unanimous support in Congress. Because of President Biden's pattern of overreach, I’m fighting against the flawed doctrine that empowers it—Chevron deference.”
“Chevron Deference has been a blight on our Constitutional system since it was decided. If there is ambiguity in the law, Congressional intent should be the most important tool of interpretation, not the political ambitions of federal bureaucrats. Allowing the executive branch to twist or add to laws is unconstitutional. Both Congress and the courts need to take back their respective authority instead of letting the executive branch run rogue.”
“Chevron results in agencies winning 71% of cases overall—and 93.8% of ambiguous cases—giving an unfair advantage to the government. This is not equal protection under the law. It is stepping on the scales of justice to skew favor towards bureaucrats rather than giving everyday Americans a fair chance at relief.”
Advancing American Freedom's General Counsel Marc Wheat said, "For almost forty years, Chevron deference allowed executive branch agencies to upend the constitutional framework by writing law unchecked by Congress. Rep. Mark Green's Sunset Chevron Act (H.R. 8889) would unwind all previously upheld Chevron rules that are now skating on unconstitutional ice. Congress should immediately advance this legislation to restore our constitutional order."
Background: Agency rules will sunset in reverse chronological order so that newest rules sunset first. This legislation also makes an exception to the 60 legislative day restriction on filing a CRA for rules upheld by the Chevron doctrine, giving lawmakers more time to challenge executive agency rules and regulations, even those that are decades old.
The Sunset Chevron Act has been endorsed by the National Taxpayer Union.
Read the text of the bill here.
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