HR 77 · 119th CongressPassed Chamber

Midnight Rules Relief Act

Latest updateFeb 12, 2025

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 212 - 208 (Roll no. 41). (text: CR H654)

Government Operations and Politics

Sponsor

Andy Biggs

Introduced

January 3, 2025

Latest action

February 13, 2025

Legislative Progress

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Sent to White House

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Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Plain-Language Summary

AI Generated

Under current law, the Congressional Review Act (Chapter 8 of Title 5, United States Code) allows Congress to disapprove federal agency rules through joint resolutions. "Midnight rules" are regulations issued during the final year of a presidential term, often in the weeks before a new administration takes office. Historically, Congress has considered disapproval resolutions one rule at a time, requiring separate votes on each resolution. This process can be time-consuming and procedurally cumbersome, particularly when multiple midnight rules are issued in quick succession.

The Midnight Rules Relief Act amends the Congressional Review Act to authorize Congress to bundle multiple midnight rules into a single joint resolution of disapproval. Specifically, the bill modifies Section 801(d) and Section 802(a) of Title 5 to permit a joint resolution to contain one or more rules if each rule's report was submitted during the final year of a President's term. The bill also standardizes the language in such bundled resolutions, allowing Congress to list multiple rules in a single disapproval measure with a unified statement that all listed rules "shall have no force or effect."

In practice, this change streamlines the congressional disapproval process by allowing lawmakers to vote on multiple midnight rules simultaneously rather than holding separate votes for each regulation. The bill takes effect immediately upon enactment and requires no additional funding. The change applies only to rules submitted during a President's final year, meaning it does not affect the standard review process for other regulations. This procedural modification could accelerate Congress's ability to overturn multiple regulations issued near the end of an administration, though the underlying substantive standards for disapproval remain unchanged.

Key Provisions

1Amend Section 801(d) of Title 5 to permit joint resolutions of disapproval to contain multiple "midnight rules" if each rule's report was submitted during the final year of a President's term.
2Modify Section 802(a) of Title 5 to establish standardized language for bundled disapproval resolutions, allowing Congress to list multiple rules with a single statement that they "shall have no force or effect."
3Authorize Congress to consider and vote on multiple midnight rules in a single en bloc proceeding rather than requiring separate votes for each rule.

★ Why this matters

The bill reduces the number of separate congressional votes required to overturn multiple regulations issued near the end of a presidential term. This streamlines legislative procedure and could accelerate the pace at which Congress can block midnight rules. The change does not alter the substantive standards for disapproval or the underlying authority of agencies to issue rules; it only modifies the procedural mechanism for congressional review.

● Who this affects

Members of Congress will experience a more efficient disapproval process when addressing multiple midnight rules. Federal agencies issuing regulations during a President's final year may face faster congressional disapproval of multiple rules simultaneously. Regulated industries and advocacy groups that oppose midnight rules will benefit from expedited congressional action, while those supporting such regulations may face quicker legislative reversal. The general public will see potential changes to federal regulations depending on which midnight rules Congress chooses to disapprove under this streamlined process.

Bill Text

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<DOC>
119th CONGRESS
  1st Session
                                 H. R. 77

                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2025

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                                 AN ACT

 
 To amend chapter 8 of title 5, United States Code, to provide for en 
    bloc consideration in resolutions of disapproval for ``midnight 
                    rules'', and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Midnight Rules Relief Act''.

SEC. 2. EN BLOC CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL PERTAINING 
              TO ``MIDNIGHT RULES''.

    (a) In General.--Section 801(d) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(4) In applying section 802 to rules described under paragraph 
(1), a joint resolution of disapproval may contain one or more such 
rules if the report under subsection (a)(1)(A) for each such rule was 
submitted during the final year of a President's term.''.
    (b) Text of Resolving Clause.--Section 802(a) of title 5, United 
States Code, is amended--
            (1) by inserting after ``resolving clause of which is'' the 
        following: ``(except as otherwise provided in this 
        subsection)''; and
            (2) by adding at the end the following: ``In the case of a 
        joint resolution under section 801(d)(4), the matter after the 
        resolving clause of such resolution shall be as follows: `That 
        Congress disapproves the following rules: the rule submitted by 
        the __ relating to __; and the rule submitted by the __ 
        relating to __. Such rules shall have no force or effect.' (The 
        blank spaces being appropriately filled in and additional 
        clauses describing additional rules to be included as 
        necessary).''.

            Passed the House of Representatives February 12, 2025.

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Angela Alsobrooks

D-Maryland

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Midnight Rules Relief Act

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