The bill could significantly change how regulations are managed and reviewed at the federal level, particularly in the tense transition periods of presidential administrations. By allowing for the disapproval of multiple rules at once, it aims to protect Congress's ability to oversee and challenge executive branch actions that are perceived as temporary or excessive. Should this bill pass, it would likely promote a larger role for Congress in influencing the regulatory landscape following elections and could catalyze disputes between the legislative and executive branches regarding authority and governance.
Summary
SB164, known as the Midnight Rules Relief Act of 2025, seeks to amend Chapter 8 of Title 5, United States Code, to streamline the process for Congress to disapprove of 'midnight rules'—regulations enacted by outgoing administrations during their final days in office. The bill allows for en bloc consideration of these rules, meaning that Congress can collectively vote on multiple disapproval resolutions rather than addressing them one by one. The proponents argue that this will enhance legislative efficiency and help prevent the imposition of controversial regulations that may not have broad support.
Contention
Debate around SB164 indicates that while advocates claim it safeguards against abrupt regulatory changes set by outgoing administrations, critics may contend that it undermines regulatory safeguards that are necessary for public protection. The process of en bloc consideration might be seen as a way to bypass thorough scrutiny of individual rules, raising concerns about accountability and governance. This dual perspective raises questions about the balance of power between the legislative and executive branches and the implications for public policy during transitions of power.
Midnight Rules Relief Act of 2023This bill allows Congress to disapprove multiple regulations under one joint resolution of disapproval if the regulations were submitted for review during a portion of the final year of a President's term.Under current law, the Congressional Review Act generally provides for a period of additional review during the succeeding Congress for regulations that were submitted during the last 60 legislative days of the prior Congress. However, each joint resolution may disapprove of only one regulation.
Providing for consideration of the bill (H.R. 77) 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.
A resolution honoring the pilots, maintainers, analysts, sailors, support aircraft, and families, among various other essential groups involved in the success of Operation Midnight Hammer.
A resolution amending the Standing Rules of the Senate to authorize the Majority Leader to move to proceed to the en bloc consideration of certain nominations.
Providing for consideration of the bill (H.R. 4553) making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2026, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 104) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to ''Miles City Field Office Record of Decision and Approved Resource Management Plan Amendment''; providing for consideration of the joint resolution (H.J. Res. 105) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to ''North Dakota Field Office Record of Decision and Approved Resource Management Plan''; providing for consideration of the joint resolution (H.J. Res. 106) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to ''Central Yukon Record of Decision and Approved Resource Management Plan''; and for other purposes.