3 versions

CosmeticWhat changed in REFERRED IN SENATEcompared with ENGROSSED IN HOUSE (Feb 12, 2025)

Technical and procedural updates only. v3 includes information regarding the bill's referral to the Senate Committee on Homeland Security and Governmental Affairs and specifies the name of the House Clerk. No substantive policy changes were made between v2 and v3.

H.R. 77119th CongressIntroduced Jan 3, 2025

Midnight Rules Relief Act

Passed HouseGovernment Operations and PoliticsMajor

View bill text

Sponsor: Rep. Biggs, Andy [R-AZ-5]
Committees: Homeland Security and Governmental Affairs Committee (primary)
Last action: Feb 13, 2025

Bottom line

The Midnight Rules Relief Act streamlines the Congressional Review Act process, enabling Congress to overturn multiple late-term presidential administration regulations with a single vote.

What it actually does

This bill amends the Congressional Review Act (CRA) to allow Congress to disapprove multiple "midnight rules"—regulations finalized by federal agencies during the final year of a President's term—through a single joint resolution. Currently, the CRA generally requires a separate resolution for each rule. The bill also specifies the exact language for the resolving clause of such en bloc resolutions.

Proponents argue

Proponents argue that this bill enhances congressional oversight and accountability by providing an efficient mechanism to address a flurry of potentially controversial or politically motivated regulations issued by an outgoing administration. They contend it saves legislative time and prevents the entrenchment of rules that may not align with the incoming administration's policy direction or the will of the people.

Opponents contend

Opponents might contend that allowing en bloc disapproval could lead to hasty legislative action, potentially overturning legitimate and beneficial regulations alongside controversial ones. They may argue it undermines regulatory stability, creates uncertainty for regulated entities, and could be used as a partisan tool to undo a broad swath of regulations without individual merit-based review.

The bill is exceptionally short and clear, making it very accessible for any reader to understand its core purpose and implications within minutes.

Section 2(a) and 2(b) of H.R. 77, amending 5 U.S.C. 801(d) and 802(a)

En Bloc Disapproval of Midnight Rules

prominently featuredstraightforward

This provision modifies the Congressional Review Act (CRA) to permit Congress to consider and vote on a single joint resolution of disapproval that targets multiple federal agency rules. This new authority specifically applies to "midnight rules," which are defined as rules for which the agency's report was submitted during the final year of a President's term. The bill also prescribes the exact wording for the resolving clause of such a joint resolution, listing each disapproved rule.

GroupImpactMechanismScale

GroupCongress (House and Senate)ImpactStreamlines legislative process for disapproving multiple late-term regulations.MechanismAmends the Congressional Review Act (CRA) to allow bundling of disapproval resolutions.ScaleAffects all future "midnight rules" subject to CRA review.

GroupFederal AgenciesImpactIncreased scrutiny and potential for rapid reversal of regulations issued in the final year of a presidential term.MechanismEnhanced CRA disapproval mechanism.ScaleAffects all agencies issuing rules during a President's final year.

GroupRegulated Industries and PublicImpactPotential for increased regulatory uncertainty or rapid policy shifts following a presidential transition.MechanismFaster and broader overturning of rules.ScaleImpact depends on the specific rules disapproved and their scope.

Supporters argue

Supporters argue this provision is crucial for enhancing congressional oversight, preventing regulatory overreach by lame-duck administrations, and ensuring that significant policy changes are subject to robust democratic review. They believe it provides a more efficient and effective tool for Congress to respond to a large volume of last-minute regulations.

Critics contend

Critics contend that this provision could lead to the indiscriminate overturning of regulations, potentially including those that are technically sound or widely supported, simply because they are grouped with more controversial rules. They argue it could undermine the expertise of federal agencies and create an environment of regulatory instability.

Tradeoffs

This provision navigates the tension between congressional power to oversee the executive branch's regulatory actions and the need for regulatory stability and administrative discretion. It prioritizes legislative efficiency and accountability over the potential for more granular, rule-by-rule review.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.