Should Congress be able to reject multiple end-of-presidency regulations in a single vote?
The Midnight Rules Relief Act (H.R. 77), would streamline Congress's ability to reject multiple "midnight rules" - regulations issued in the final parts of a president's term - all at once by altering the Congressional Review Act. Currently, Congress (under the Congressional Review Act) must vote on each end-of-term regulation separately. This bill would allow Congress to bundle multiple midnight rules into a single "joint resolution of disapproval," making it more efficient to overturn last-minute regulations from an outgoing administration. Sponsor: Rep. Andy Biggs (Republican, Arizona, District 5)
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How do you feel?
Opponents say
• "Under current law, each CRA resolution may address only one regulation. The Midnight Rules Relief Act would scrap that restriction for rules issued in the final year of a President’s term. An unlimited number of such rules could be bundled in a single resolution, without any increase in the maximum debate time.8 In other words, Congress would be able to eliminate a thousand rules—rules that federal agencies deemed necessary to benefit the public and spent months, if not years, crafting—in the same 10 hours that are currently required to eliminate one rule." Source: The Institute for Policy Integrity, which is a non-partisan think tank housed within the New York University School of Law
• "The proposed legislation is based on a fatally flawed premise—namely, that regulations which are proposed or finalized during the so-called 'midnight' rulemaking period are rushed and inadequately vetted. In fact, the very opposite is true. [...] Unlike the CRA’s expedited procedures, agency rules are subjected to myriad accountability mechanisms, and, for each rule, the agency must articulate a policy rationale that is supported by the rulemaking record and consistent with the requirements of the authorizing statute. In contrast, members of Congress do not have to articulate a valid policy rationale—or any rationale at all—in support of CRA resolutions of disapproval. Quite simply, they can be, and often are, an act of pure politics. H.R. 115 (now H.R. 77) would make the situation even worse." Source: Center for Progressive Reform, co-signed by 57 other organizations
Proponents say
• "The Midnight Rules Relief Act will allow Congress to clear the deck of America Last rules and regulations imposed by the Biden-Harris regime and will prevent our economy from taking a $1.34 trillion hit. I urge House Leadership to quickly bring my bill to the Floor for a vote. We must advance this legislation through Congress so it’s ready to be signed into law soon after President Trump is inaugurated." Source: Rep. Andy Biggs (Republican, Arizona, District 5), bill sponsor, via a press release
• "It’s time to rein in Washington’s regulatory binge. Unelected bureaucrats shouldn’t get the last word on policies that shape your life. But that’s exactly what’s happening as federal agencies bury Americans under a mountain of rushed, unaccountable regulations. The Midnight Rules Relief Act is a chance for Congress to reclaim its role as the voice of the people, restore transparency, and stop this runaway regulatory binge in its tracks. By streamlining the process for Congress to veto harmful midnight rules, we can cut through the tangled web of red tape and ensure rules are decided where they belong: in Congress — not behind closed doors." Source: Americans for Prosperity, a libertarian conservative political advocacy group