Overview
Title
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.
ELI5 AI
The Midnight Rules Relief Act is like giving Congress a special tool to quickly undo a bunch of rules that a President makes at the very end of their time in office, so they don't have to say "no" to each one separately.
Summary AI
H. R. 77, known as the "Midnight Rules Relief Act," is a bill that aims to make it easier for Congress to disapprove multiple rules, referred to as "midnight rules," which are created during the final year of a President's term. The bill proposes an amendment to section 801(d) of title 5, United States Code, allowing a single joint resolution of disapproval to include more than one such rule. This change would streamline the process for Congress to reject rules en bloc, rather than individually, which were submitted in the final year of a presidential term.
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AnalysisAI
General Summary of the Bill
The Midnight Rules Relief Act is a legislative proposal aimed at modifying existing procedures for handling what are known as "midnight rules." These rules are regulations issued by the executive branch during the final year of a sitting President’s term. The bill allows Congress to treat multiple disapproval resolutions for these rules as a single joint resolution, thereby streamlining the process of invalidating rules that are passed in the waning days of an administration.
The key innovation here is in the procedural change to allow "en bloc" consideration, which means that several rules can be grouped together for disapproval rather than having to be addressed individually. This approach is proposed by amending Sections 801 and 802 of Title 5 of the United States Code.
Summary of Significant Issues
One of the primary issues with the bill is the lack of clear criteria for what constitutes a "midnight rule." Without explicit standards, there’s potential for broad interpretation, which can lead to inconsistency or unfair targeting of regulations based solely on timing rather than content or context.
Additionally, the use of complex legal terminology such as "resolving clause" and "joint resolution of disapproval" may create misunderstandings among those not well-versed in legislative procedures. This complexity can make it difficult for the general public to engage meaningfully with the legislative process.
Another concern is the absence of a defined process for determining what rules should be considered for disapproval. There is no mention of who would be responsible for this, which could lead to inefficiencies and administrative confusion.
Finally, the mechanics of filling in the necessary details in the resolution's clauses remain undefined. This procedural vagueness could result in inconsistencies or even the misuse of the provision if not carefully managed.
Impact on the Public and Stakeholders
For the general public, the bill could result in faster removal of regulations considered undesirable or hastily implemented at the end of a presidential term. This may benefit those who feel such rules are damaging or poorly constructed. However, this could also undermine stability in regulatory environments by allowing abrupt changes to rules, which industries and the public may depend on for compliance.
Environmental groups, consumer safety advocates, or other stakeholders who often support regulations may see the bill as a threat, fearing the potential rollback of critical protections rushed through at the end of a presidency. On the other hand, business groups and industries that are often regulated might view the bill positively, seeing it as an opportunity to challenge last-minute rules they see as burdensome or improperly vetted.
Legislators and policymakers could find themselves navigating between the need for checks on executive power through regulatory oversight, and the risk of politicization in undoing rules that may have merit but are issued under unpopular administrations.
Overall, while the Midnight Rules Relief Act seeks to introduce efficiency into regulatory oversight processes, it also raises questions about administrative clarity, fairness, and the balance of power between branches of government.
Issues
The procedure for disapproving 'midnight rules' is outlined without defining the criteria for what qualifies as a 'midnight rule', which could lead to ambiguity in interpretation. This issue is in Section 2.
The use of legal terminology such as 'resolving clause' and 'joint resolution of disapproval' may be unclear or overly complex for those not familiar with legislative language. This complexity is present in Section 2.
The text does not specify who is responsible for identifying and cataloging the rules subject to these provisions, which could lead to administrative confusion or inefficiencies. This is noted in Section 2.
The process for how the blank spaces in the resolution clause are to be filled is not clearly defined, creating potential for inconsistencies or misuse. This issue is also in Section 2.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act gives it the official title, "Midnight Rules Relief Act."
2. En bloc consideration of resolutions of disapproval pertaining to midnight rules Read Opens in new tab
Summary AI
The text outlines changes to the United States Code that allow Congress to group multiple disapproval resolutions for rules made during a President's final year, known as "midnight rules," into one joint resolution. It specifies the language to be used in such joint resolutions to indicate that these rules will have no legal effect.