2 versions

CosmeticWhat changed in REPORTED TO SENATEcompared with INTRODUCED IN SENATE (Jan 21, 2025)

Technical corrections only. The later version, v2, adds a co-sponsor (Mr. Scott of Florida) and reflects the bill's status as reported by the Committee on Homeland Security and Governmental Affairs without amendment. No substantive policy changes were made to the text of the bill.

S. 164119th CongressIntroduced Jan 21, 2025

Midnight Rules Relief Act of 2025

Reported To SenateGovernment Operations and PoliticsMajor

View bill text

Sponsor: Sen. Johnson, Ron [R-WI]
Committees: Homeland Security and Governmental Affairs Committee (primary)
Last action: Sep 14, 2026

This analysis was written for v1 (INTRODUCED IN SENATE, Jan 21, 2025). REPORTED TO SENATE changed too little to need its own, so it reuses that one rather than a rewrite. The differences between the two are summarized above. View v1

Bottom line

The bill streamlines the process for a new Congress to overturn a departing administration's late-term regulations by allowing them to be bundled for a single vote, enhancing legislative oversight over executive rulemaking.

What it actually does

This bill amends the Congressional Review Act (CRA) to allow Congress to disapprove multiple "midnight rules"—regulations finalized by a departing presidential administration in its final year—through a single joint resolution. Currently, the CRA requires a separate resolution for each rule. The bill also specifies the new format for the resolving clause of such a joint resolution.

Proponents argue

Proponents argue that this bill provides a more efficient and effective mechanism for Congress to check executive overreach, particularly when a new administration seeks to reverse policies enacted by the previous one in its final months. It prevents agencies from rushing through significant regulations without proper scrutiny and offers a practical tool to address a large volume of such rules.

Opponents contend

Opponents might argue that allowing en bloc disapproval could lead to the indiscriminate overturning of rules, some of which may be beneficial or necessary, without individual consideration. This could undermine the regulatory process, create significant policy uncertainty, and potentially lead to the repeal of meritorious regulations alongside controversial ones.

The bill is exceptionally short and clear, making it highly accessible for any reader to understand its provisions and implications quickly.

Section 2(a) and 2(b) of the bill, amending 5 U.S.C. 801(d) and 802(a)

En Bloc Consideration of Midnight Rules

prominently featuredstraightforward

This provision amends the Congressional Review Act (CRA) to permit a single joint resolution of disapproval to cover multiple "midnight rules." These are defined as rules for which a report was submitted to Congress during the final year of a President's term. Previously, the CRA required a separate joint resolution for each individual rule. The bill also specifies the exact text for the resolving clause of such a joint resolution, allowing for the listing of multiple rules to be disapproved simultaneously.

GroupImpactMechanismScale

GroupCongress (Legislative Branch)ImpactIncreased efficiency and power in disapproving multiple rules.MechanismChanges to CRA procedural rules, allowing a single vote on multiple rules.ScaleSystemic

GroupFederal AgenciesImpactIncreased risk of late-term rules being overturned en masse, potentially reducing the incentive for "midnight rulemaking."MechanismStreamlined CRA disapproval process.ScaleSystemic

GroupPublic and Regulated EntitiesImpactPotential for rapid shifts in the regulatory landscape following a presidential transition, depending on which rules are disapproved.MechanismFaster and broader rule disapproval.ScaleBroad

Supporters argue

Supporters argue this provision is crucial for preventing a lame-duck administration from imposing a flurry of last-minute regulations that may not align with the incoming administration's policy goals or public will. It provides a more practical and effective tool for legislative oversight, allowing Congress to address a significant volume of rules without being bogged down by individual votes.

Critics contend

Critics might contend that allowing en bloc disapproval could lead to the overturning of meritorious rules alongside controversial ones, without adequate individual review. This could create regulatory instability, undermine the expertise of agencies, and potentially eliminate beneficial regulations due to political expediency.

Tradeoffs

This provision balances the desire for legislative efficiency and robust oversight over executive actions against the potential for broad, less granular review of individual regulations. It trades individual rule scrutiny for a more powerful legislative check on a category of rules deemed problematic by some.

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.