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
H. R. 77 wants to make it easier for Congress to stop lots of new rules that a President creates right before leaving office by letting them vote on all those rules at once. This will help make sure no last-minute rule changes get approved without everyone agreeing.
Summary AI
H. R. 77, known as the “Midnight Rules Relief Act,” proposes changes to chapter 8 of title 5, United States Code. It aims to allow Congress to vote on multiple rules in a single joint resolution of disapproval when these rules were submitted in the final year of a President's term. This change would make it easier for Congress to disapprove and invalidate several last-minute regulations, known as "midnight rules," put in place by an outgoing administration. The bill had passed the House of Representatives by February 12, 2025, and was then referred to the Senate Committee on Homeland Security and Governmental Affairs.
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AnalysisAI
The proposed legislation, known as the "Midnight Rules Relief Act," aims to amend existing regulations in the United States Code to address what are known as "midnight rules." These are policy changes implemented in the final year of a President's term. The bill allows for the en bloc (or combined) consideration of resolutions of disapproval for multiple midnight rules in a single joint resolution. This could streamline the process for Congress to reject various rules that might have been pushed through hastily at the end of a Presidential term.
General Summary of the Bill
The "Midnight Rules Relief Act" seeks to modify chapter 8 of title 5 in the United States Code. It primarily introduces provisions that enable a single joint resolution of disapproval to encompass multiple midnight rules rather than tackling each rule separately. This approach could make it easier for Congress to nullify clusters of rules that are viewed as problematic or rushed through at the last minute.
Summary of Significant Issues
The legislation can be difficult to grasp due to the use of dense legal terminology. Terms such as "resolving clause" and "joint resolution of disapproval" may not be readily understandable to someone without a legal background, raising concerns about transparency. Additionally, the criteria for what constitutes a "midnight rule" are not clearly defined, which could lead to various interpretations and inconsistencies when applying the bill's provisions.
Moreover, the bill lacks a clearly defined process for filling in the blanks within the resolution, which may open the door for inconsistencies or misuse. Another issue is the absence of a specified authority responsible for identifying and listing the rules that are subject to these disapproval procedures, potentially resulting in administrative challenges or inefficiencies.
Impact on the Public Broadly
For the general public, this bill underscores the importance of oversight in the regulatory process, especially during the transitions between presidential administrations. By potentially making it easier to overturn hastily implemented rules, the bill could help maintain stability and continuity in policy implementation. Conversely, there could be concerns about the efficacy and fairness of dismissing multiple rules in a single sweep, potentially discouraging thorough consideration of the merits of each individual rule.
Impact on Specific Stakeholders
Positive Impacts
For Congress, particularly those eager to reject midnight rules they disagree with, this bill offers a streamlined tool for disapproval, potentially saving time and resources. It may also appeal to stakeholders advocating for stronger oversight and accountability in the regulatory process, as it focuses on rules enacted during a politically sensitive period.
Negative Impacts
On the other hand, it could disadvantage agencies responsible for implementing these rules if they find their work overturned without a detailed review of each regulation. Additionally, the lack of specific identifiers for midnight rules and their disapproval process may foster uncertainty and legal challenges, which might complicate regulatory governance.
The lack of clarity and definitional standards in the bill could adversely affect those attempting to navigate or challenge these rules, putting additional pressure on legal and administrative entities tasked with executing these processes. Overall, while the bill may enhance Congress's ability to manage regulatory rollover, it also carries the risk of creating confusion and unfairness if not carefully managed and implemented.
Issues
The lack of clear criteria or standards for defining what qualifies as a 'midnight rule' in Section 2 could lead to ambiguity in interpretation, potentially affecting the fairness and objectivity of implementing the bill.
The use of complex legal terminology in Section 2, such as 'resolving clause' and 'joint resolution of disapproval', may make the provisions inaccessible to individuals not well-versed in legislative language, limiting transparency and understanding for the general public.
Section 2 does not clearly define the process for filling in the blank spaces in the resolution clause, creating the possibility of inconsistencies or misuse in the document's execution.
There is no specification in Section 2 about who is responsible for identifying and cataloging the rules subject to disapproval, leading to potential administrative confusion and inefficiencies in implementing the bill's provisions.
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.