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Tuesday, December 24, 2024

House passes bill targeting late-term executive regulation surges

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Rep. Harriet Hageman, U.S. Representative for Wyoming | Official U.S. House headshot

Rep. Harriet Hageman, U.S. Representative for Wyoming | Official U.S. House headshot

The House of Representatives has passed the Midnight Rules Relief Act, a bill cosponsored by Congresswoman Harriet Hageman. The legislation aims to enhance congressional oversight and prevent a surge of regulations in the final year of a presidential term. It allows incoming lawmakers to quickly overturn last-minute rules imposed by outgoing administrations.

Currently, the Congressional Review Act (CRA) permits Congress to disapprove executive agency rules through joint resolutions. However, it requires each rule to be considered individually, which can hinder effective oversight during periods known as "midnight rulemaking." This often occurs at the end of a president's term when agencies issue an increased number of regulations.

The new act seeks to address this issue by enabling Congress to bundle multiple rules issued during a president’s final year and consider them collectively. This change is intended to facilitate efficient review and disapproval of last-minute regulations that may burden businesses and families.

Representative Hageman emphasized the importance of this reform: “This Midnight Rules Relief Act strips power from the bloated, unaccountable administrative state and returns it to Congress. It equips lawmakers to fight back against outgoing federal bureaucrats rushing through burdensome regulations, fully aware of the harm these rules will cause Americans. It helps restore balance, transparency, and accountability to the regulatory process, ensuring that the American people—not faceless agency officials—determine the rules that govern their lives.”

Since its enactment in 1996, the CRA has required executive agencies to report all new rules to Congress. These are not laws passed by Congress but rather regulations crafted by unelected officials in federal executive agencies. The current CRA process mandates individual review for each rule, making it difficult for Congress to respond effectively during periods with increased regulatory activity.

Historically, there has been a 2.5-fold increase in regulation issuance during a president’s final year in office. The Midnight Rules Relief Act aims to streamline this process by allowing Congress to disapprove multiple rules simultaneously. This legislative measure is seen as crucial for protecting American businesses and families from rushed regulations while ensuring proper congressional oversight.

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