Midnight Rules Relief Act

Bill Number: H.R. 77
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Passed House
Latest Action: 2025-02-13: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Last Updated: 2026-07-11T11:23:20Z

AI-Generated Summary

Purpose

The Midnight Rules Relief Act (H.R. 77) aims to streamline the congressional review process for certain federal regulations issued late in a President's term, known as "midnight rules." These are rules submitted to Congress in the final year of a President's administration. The legislation modifies the Congressional Review Act (CRA), a law that lets Congress vote to overturn agency rules, to allow multiple such rules to be addressed in a single disapproval resolution rather than requiring separate votes for each one.

Key Provisions

En Bloc Disapproval Authority: Adds a new subsection to Section 801(d) of Title 5, U.S. Code, permitting a joint resolution of disapproval (a formal congressional vote) to cover one or more midnight rules, as long as each rule's report was submitted during the President's final year in office.
Standardized Resolution Text: Updates Section 802(a) to include specific wording for these bundled resolutions, such as: "That Congress disapproves the following rules: the rule submitted by the [agency] relating to [topic]; and the rule submitted by the [agency] relating to [topic]." This allows blanks to be filled in for multiple rules as needed.
Scope Limitation: The changes apply only to midnight rules, preserving the existing one-rule-per-resolution requirement for other regulations.

Significant Changes to Existing Law

Under the current CRA, Congress must pass a separate joint resolution for each agency rule it wants to disapprove, which can be time-consuming given the 60-day review window (excluding certain periods like recesses).
This bill introduces flexibility by allowing bundled ("en bloc") consideration specifically for midnight rules, making the process more efficient without altering the overall CRA framework or the fast-track procedures for resolutions (e.g., limited debate in Congress).

Potential Impacts

On Government Agencies: Federal agencies issuing rules in a President's final year may face quicker, collective challenges to their regulations, potentially delaying or halting implementation across multiple policy areas like environmental protections, labor standards, or health guidelines.
On Citizens: Individuals or groups affected by these rules (e.g., businesses, workers, or communities) could see faster changes to regulations, either preserving or removing protections depending on the new Congress's priorities, leading to uncertainty in compliance.
On International Relations: Minimal direct impact, though if midnight rules involve trade, sanctions, or global standards (e.g., from agencies like the EPA or Commerce Department), bundled disapprovals could indirectly affect U.S. commitments abroad.
Overall, it could accelerate the reversal of outgoing administration policies, influencing the pace of regulatory rollbacks at the start of a new presidential term.

Main Stakeholders Affected

Congress: Gains tools for more efficient oversight, particularly beneficial for the incoming majority to target multiple rules without procedural hurdles.
Federal Agencies: Including executive branch departments (e.g., EPA, DOL, HHS) that promulgate rules; they may need to defend or revise multiple regulations simultaneously.
Regulated Industries and Businesses: Sectors like energy, finance, or manufacturing, which often challenge or rely on late-term rules, could benefit from or be harmed by easier congressional overrides.
Citizens and Advocacy Groups: Environmental, labor, consumer, or civil rights organizations that support or oppose specific rules, as bundled reviews might amplify the influence of congressional priorities over individual agency actions.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces the CRA's role in checking executive branch rulemaking without expanding Congress's authority beyond existing limits; it maintains veto-proof requirements (needing a two-thirds majority to override a presidential veto) and does not alter judicial review options for rules.
Constitutional: Addresses the balance of powers by enhancing Congress's ability to review executive actions, potentially reducing the "midnight rulemaking" practice where agencies rush regulations to avoid reversal—though it could raise questions about equal treatment of rules if applied selectively.
Political: May encourage partisan strategies at administration transitions, allowing a new Congress to swiftly undo an predecessor's legacy rules, which could heighten political polarization but also promote accountability in the rulemaking process. No direct challenges to free speech, due process, or other rights are introduced.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (12)

Rep. LaMalfa, Doug [R-CA-1], Rep. Grothman, Glenn [R-WI-6], Rep. Brecheen, Josh [R-OK-2], Rep. Ogles, Andrew [R-TN-5], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Haridopolos, Mike [R-FL-8], Rep. McCormick, Richard [R-GA-7], Rep. Gill, Brandon [R-TX-26], Rep. Goldman, Craig [R-TX-12], Rep. Schmidt, Derek [R-KS-2], Del. Moylan, James C. [R-GU-At Large], Rep. Hurd, Jeff [R-CO-3]

Recent Actions

2025-02-13: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2025-02-12: Motion to reconsider laid on the table Agreed to without objection.
2025-02-12: On passage Passed by the Yeas and Nays: 212 - 208 (Roll no. 41). (text: CR H654) (Roll call 41)
2025-02-12: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 212 - 208 (Roll no. 41). (text: CR H654) (Roll call 41)
2025-02-12: On motion to recommit Failed by the Yeas and Nays: 205 - 213 (Roll no. 40). (Roll call 40)
2025-02-12: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2025-02-12: Ms. Jacobs moved to recommit to the Committee on the Judiciary. (text: CR H662)
2025-02-12: The previous question was ordered pursuant to the rule.
2025-02-12: DEBATE - The House proceeded with one hour of debate on H.R. 77.
2025-02-12: Rule provides for consideration of H.R. 77 with 1 hour of general debate. Motion to recommit allowed. Bill is closed to amendments.
2025-02-12: Considered under the provisions of rule H. Res. 122. (consideration: CR H654-663)
2025-02-11: Rule H. Res. 122 passed House.
2025-02-10: Rules Committee Resolution H. Res. 122 Reported to House. Rule provides for consideration of H.R. 77 with 1 hour of general debate. Motion to recommit allowed. Bill is closed to amendments.
2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Bill Versions

Midnight Rules Relief Act — issued 2025-02-12 — PDF (4 pages)
Midnight Rules Relief Act — issued 2025-01-03 — PDF (3 pages)
Midnight Rules Relief Act — issued 2025-02-13 — PDF (3 pages)