Bills of Congress February 10, 2025 by U.S. Congress

H.R.es122 - 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. (119th Congress)

Summary

H.Res. 122 is a resolution providing for the consideration of H.R. 77, a bill that aims to amend Chapter 8 of Title 5 of the United States Code. The amendment focuses on en bloc consideration of resolutions disapproving "midnight rules."

"Midnight rules" generally refer to regulations finalized by an outgoing administration near the end of its term. The resolution outlines the procedures for debating and considering H.R. 77 in the House, including waiving points of order and setting time limits for debate.

Ultimately, this resolution is a procedural step to facilitate the consideration of a bill modifying the Congressional Review Act regarding the disapproval of regulations.

Expected Effects

If adopted, H.Res. 122 will allow the House to consider H.R. 77 under specific rules, expediting the process. This could lead to quicker consideration and potential passage of H.R. 77.

If H.R. 77 is enacted, it would change the way Congress reviews and potentially disapproves of regulations issued at the end of presidential administrations. This could lead to fewer "midnight rules" being implemented or a more efficient process for repealing them.

This change could affect the regulatory landscape, potentially reducing the impact of outgoing administrations on policy.

Potential Benefits

Streamlines the process for Congress to review and potentially disapprove of "midnight rules," increasing government efficiency.
Could lead to greater accountability and oversight of regulations issued at the end of presidential terms.
May reduce the potential for politically motivated or poorly vetted regulations to be implemented in haste.
Could provide more stability and predictability in the regulatory environment for businesses and individuals.
Potentially reduces the power of the executive branch, giving more power to the legislative branch.

Most Benefited Areas:

Business Prosperity & Innovation ★ ★ ★ ★ ★

Potential Disadvantages

Could be used to quickly overturn regulations that are beneficial to the public, such as environmental or consumer protections.
May lead to increased political gridlock and instability in the regulatory environment as each new administration seeks to undo the actions of its predecessor.
Could disproportionately affect regulations related to specific policy areas, depending on the political priorities of the controlling party in Congress.
The en bloc consideration might limit thorough debate on individual rules, potentially overlooking important nuances or unintended consequences.
Could be perceived as an attempt to undermine the authority of the executive branch and the regulatory agencies.

Constitutional Alignment

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This resolution and the underlying bill (H.R. 77) relate to the legislative powers vested in Congress under Article I, Section 1 of the Constitution. Congress has the power to make laws, and this includes setting the rules for how it considers legislation.

The Congressional Review Act, which H.R. 77 seeks to amend, is itself an exercise of Congress's legislative authority to oversee and potentially disapprove of regulations issued by the executive branch. The Constitution does not explicitly address the issue of "midnight rules," but the principle of checks and balances suggests that Congress has a legitimate interest in ensuring that regulations are carefully considered and subject to appropriate oversight.

By streamlining the process for reviewing regulations, H.Res. 122 and H.R. 77 could be seen as reinforcing Congress's role in the legislative process and promoting accountability in government. However, it's important to consider whether the specific procedures established in H.R. 77 are consistent with the principles of due process and fairness.