H.R. 61House117th Congress (2021-2023)In Committee

Midnight Rules Relief Act of 2021

Sponsored by Andy BiggsRep. Andy Biggs (R-AZ)
Introduced January 4, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:06 PM UTC

The Midnight Rules Relief Act of 2021 changes how Congress can reject regulations issued in the final year of a president’s term, known as “midnight rules.” It lets Congress bundle several of those rules together in a single joint resolution of disapproval, rather than voting on each one separately. The change affects any midnight rules submitted during a president’s last year in office and the congressional process for disapproving them.

Key Provisions

  • Adds a new paragraph (4) to 5 U.S.C. §801(d) allowing a joint resolution of disapproval to contain one or more midnight rules if each was submitted in the final year of the President’s term.
  • Amends 5 U.S.C. §802(a) by inserting the phrase “except as otherwise provided in this subsection” after “resolving clause of which is.”
  • Specifies the resolving clause text for joint resolutions under the new paragraph, requiring Congress to list each rule and state that the rules shall have no force or effect.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

March 1, 2021

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HouseIntro Referral

Introduced in House

January 4, 2021

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

January 4, 2021

HouseCommittee

Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

March 1, 2021

Bill Text

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Introduced in HouseIssued January 4, 2021

I

117th CONGRESS

1st Session

H. R. 61

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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.

1.

Short title

This Act may be cited as the Midnight Rules Relief Act of 2021.

2.

En bloc consideration of resolutions of disapproval pertaining to midnight rules

(a)

In general

Section 801(d) of title 5, United States Code, is amended by adding at the end the following:

(4)

In applying section 802 to rules described under paragraph (1), a joint resolution of disapproval may contain one or more such rules if the report under subsection (a)(1)(A) for each such rule was submitted during the final year of a President’s term.

.

(b)

Text of resolving clause

Section 802(a) of title 5, United States Code, is amended—

(1)

by inserting after resolving clause of which is the following: (except as otherwise provided in this subsection); and

(2)

by adding at the end the following: In the case of a joint resolution under section 801(d)(4), the matter after the resolving clause of such resolution shall be as follows: That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect. (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary).