Overview
Title
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 is a bill that would let Congress say "no" to many rules that a President makes just before leaving office, all at once instead of one by one. This way, Congress can act faster if they don't like the rules.
Summary AI
H. R. 77, also known as the "Midnight Rules Relief Act," aims to change how certain government rules are handled at the end of a President’s term. Specifically, it proposes allowing Congress to group multiple rules for disapproval in a single resolution, a practice referred to as "en bloc consideration." This change targets rules reported during a President’s final year, aiming to make it easier for Congress to disapprove several rules at once rather than one at a time. The bill was introduced by Representative Biggs and referred to appropriate committees for review.
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AnalysisAI
The proposed legislation, titled the "Midnight Rules Relief Act," seeks to amend chapter 8 of title 5 of the United States Code. Its primary goal is to introduce a process whereby Congress can consider multiple "midnight rules" in a single joint resolution of disapproval. "Midnight rules" refer to regulations finalized during the last year of a President's term. The bill outlines amendments to allow for grouping these disapprovals en bloc, effectively streamlining Congressional action against rules not yet evaluated by the incoming administration.
General Summary of the Bill
The "Midnight Rules Relief Act" aims to change how Congressional resolutions of disapproval can be processed when it comes to "midnight rules.” The bill proposes that instead of dealing with these rules individually, Congress could handle multiple rules at once through an en bloc resolution. This legislative change targets rules submitted during a President's final year in office and outlines specific language for these joint resolutions. The rules included in such resolutions would have no legal effect if Congress approved the resolution.
Summary of Significant Issues
Several issues arise from this legislative proposal. First, the bill does not clearly define what qualifies as a "midnight rule," which could lead to differing interpretations and potential misuse. The language used is predominantly legal jargon, such as "resolving clause" and "joint resolution of disapproval," which may not be easily understood by the general public. Additionally, the bill fails to specify who is responsible for identifying the relevant rules, potentially leading to administrative confusion. There is a procedural ambiguity with the filling of blank spaces in the resolution clause, as the process is not clearly defined, creating room for inconsistencies.
Impact on the Public
Broadly, this bill could streamline the process by which Congress reviews rules considered by some as rushed or insufficiently vetted during a President's final term. If executed effectively, it could lead to greater Congressional oversight over executive actions at the end of an administration. However, the bill also poses risks of increased political maneuvering, where incoming administrations or Congressional majorities might use this mechanism to negate a wide array of preceding rules simply because they were issued in the so-called "midnight" period.
Impact on Specific Stakeholders
From a stakeholder perspective, the bill could have mixed impacts. For legislators, the proposal offers a more efficient means to address late-term executive actions, potentially increasing their legislative influence. Executive agencies might find this change unsettling as it introduces uncertainty about the longevity of regulations crafted toward the end of a presidential term. Legal professionals and administrative law experts might see an increased demand for clarifying or contesting the criteria of what constitutes a "midnight rule."
In conclusion, while the "Midnight Rules Relief Act" offers efficiency in addressing concerns about late-term regulatory actions, it also raises questions about transparency, accountability, and the balance of power between branches of government. The vague criteria and procedural elements require careful consideration to avoid undermining the integrity of the legislative or regulatory processes.
Issues
The process for disapproving 'midnight rules' outlined in Section 2 does not specify criteria or standards for what qualifies as a 'midnight rule'. This could lead to ambiguity in interpretation and potential misuse, affecting the transparency and accountability of executive actions.
Section 2 uses complex legal terminology such as 'resolving clause' and 'joint resolution of disapproval', which may be unclear to those not familiar with legislative language. This could result in misunderstandings or the obfuscation of the bill's intentions for the general public.
The text in Section 2 does not specify who is responsible for identifying and cataloging the rules subject to these provisions. This lack of clarity could lead to administrative confusion or inefficiencies in implementation, particularly if multiple committees are involved.
The lack of clarity on how the blank spaces in the resolution clause are to be filled, as described in Section 2, may create opportunities for inconsistencies or misuse. This is a procedural weakness that could undermine the legal efficacy of the resolutions.
The broad scope of 'midnight rules' and potential for en bloc disapproval within the final year of a President's term (as per Section 2) could set a precedent that impacts the balance of power between the legislative and executive branches, raising potential political and legal issues.
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.