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. 115) 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.
All Economic Regulations are Transparent Act of 2023 or the ALERT Act of 2023 This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.