H.R. 77 - Midnight Rules Relief Act

House Rules and Floor ProcedureHouse Rules · 2025-02-10 · 119th Congress
The House Rules Committee met to consider H.R. Begins at 0:00:54
Transcript
Highlights

Title

Rules Committee considers reviving the Midnight Rules Relief Act

Purpose

The House Rules Committee met to consider H.R. 77, the Midnight Rules Relief Act, which passed the committee in the 118th Congress but did not become law and is being revived in the 119th Congress. The bill would let Congress bundle multiple "midnight" regulations — those issued in the final year of a presidential term — into a single joint resolution of disapproval, rather than voting on each rule separately under the current Congressional Review Act. The committee heard testimony from bill sponsor Rep. Klein and Judiciary Committee ranking member Rep. Raskin before voting to report a closed rule for floor consideration. Begins at0:00:54

Who spoke

Chair Virginia Foxx (R-NC)0:00:54: Opened the hearing, said prior administrations of both parties issue "midnight rules" as their terms end and argued the CRA's one-rule-at-a-time process can't keep pace0:01:24; noted the bill had bipartisan support in December0:02:54.

Ranking Member Jim McGovern (D-MA)0:03:24: Called the bill "a blatant power grab" benefiting billionaires and special interests0:03:55, tied it to Project 2025 and OMB Director Russ Vought's writings0:04:25, and later pressed on Trump administration conduct regarding Elon Musk and agency shutdowns0:16:32.

Rep. Klein (witness, sponsor)0:05:55: Explained the CRA requires a separate resolution per rule, calling this inefficient during "midnight rulemaking," and said the Biden administration finalized 1,466 rules within the CRA look-back window from Aug. 16, 20240:07:26; cited examples like a rule affecting gas water heaters and dishwasher timing0:23:35.

Rep. Jamie Raskin (D-MD), witness0:07:56: Argued the bill lets a majority "bundle" all midnight rules and force an up-or-down vote, denying members the ability to vote on rules individually0:08:57; noted bill sponsor Rep. Andy Biggs also authored the "one bill, one subject" transparency act, calling the pairing hypocritical0:10:28; proposed a single-subject amendment to H.R. 770:12:59.

Rep. Michelle Fischbach (R-MN)0:14:01: Clarified the bill applies only to rules issued in a president's final year within the CRA's 60-day window0:14:01; argued it is not the "great horrible thing" Democrats describe0:14:31.

Rep. Madeleine Dean (D-PA)0:33:11: Pressed Klein on why, 37 days into the session, House Republicans had brought zero disapproval resolutions to committee or floor despite citing 1,000+ Biden rules as urgent0:33:420:34:12; raised the CFPB overdraft rule, said it would save consumers over $200 per household annually0:36:14, and questioned the CFPB shutdown and 2,000 employees told to stop work0:38:15.

Rep. Delia Ramirez / "Miss Scanlan" (D)0:25:36: Said the bill has been a "go-to Republican messaging bill" for 15 years that has never become law0:25:36; cited page 50 of Project 2025 referencing the bill0:26:06; argued Congress should focus on appropriations before the mid-March funding deadline0:28:07.

Rep. David Scott (R-GA)0:32:41: Said constituents are "sick and tired of unelected bureaucrats" and stated he plans to vote for the bill0:32:41.

Rep. Andrew Clyde (R-GA)0:47:20: Asked Klein to confirm the bill covers rules from the last 365 days of an administration0:47:51; highlighted a Dept. of Energy tankless water heater rule (89 Fed. Reg. 10518) threatening 550 jobs at a plant in his district, effective March 110:49:51.

Rep. Ralph Norman (R-SC)0:51:22: Listed pardons/commutations by President Biden for individuals convicted in drug-related killings0:51:52; criticized the CFPB and USAID, and asked Klein for more examples of "insane" regulations, citing the tailpipe emissions rule targeting 50% EV sales by 20300:57:25.

Rep. Morgan Griffith (R-VA)0:58:25: Disputed characterizations that the bill would force all 1,466 tracked regulations into one vote, clarifying committees choose which related regulations to bundle0:59:26; argued the CRA doesn't go far enough since a president can still veto a disapproval resolution1:00:57; made a unanimous consent request to enter the bill's text into the record1:02:59.

Rep. Chip Roy (R-TX)1:04:29: Summarized the bill as extending the look-back window to a year and allowing aggregation of disapproval resolutions1:05:29; cited USAID spending including $2 million for activities in Guatemala, $6 million for tourism in Egypt, and $32,000 for a comic book in Peru as examples of the kind of spending oversight is needed for1:10:01.

Rep. Fischbach1:12:35: Moved that the committee grant H.R. 77 a closed rule with one hour of general debate and one motion to recommit1:12:35.

Key moments

Raskin proposed an amendment requiring disapproval resolutions to address only a single subject, arguing bill sponsor Rep. Biggs's own "One Bill, One Subject Transparency Act" contradicts H.R. 770:10:580:12:59.

Klein testified the Biden administration finalized 1,466 rules within the CRA look-back window beginning August 16, 20240:07:26.

Dean pressed Klein that House Republicans had brought zero CRA disapproval resolutions to the floor or committee in the 119th Congress's first 37 days despite urgency claims0:33:42.

Dean noted the CFPB overdraft rule would save Americans roughly $5 billion, or over $200 per household, annually, and questioned whether Republicans intend to disapprove it0:36:140:36:45.

Dean revealed the Trump administration told 2,000 CFPB employees to stop all work for a week while continuing to be paid, calling it a "Twilight Zone" contradiction given the bill's stated goal of curbing executive overreach0:38:15.

McGovern and Raskin argued the CRA amendment vote (2 yeas–9 nays) and the underlying motion to report a closed rule (9 yeas–2 nays) both split along party lines1:15:371:17:07.

Griffith clarified the bill lets committees—not the whole House—decide which regulations to bundle, and is not mandatory aggregation of all 146 tracked Judiciary Committee regulations0:58:561:00:57.

Roy cited specific USAID expenditures — $2 million for activities in Guatemala, $6 million for Egypt tourism, $70,000 for a Dei musical in Ireland, $1.5 million to "advance diversity" in Serbia — as justification for aggregated regulatory review1:10:01.

Clyde said a Dept. of Energy rule (89 Fed. Reg. 10518), effective March 11, would put a tankless water heater manufacturer employing 550 people in his district out of business0:49:51.

The committee approved the closed rule for H.R. 77 by a roll-call vote of 9–2 after rejecting Raskin's single-subject amendment 2–91:15:371:17:07.

Metadata

CommitteeHouse Rules
Chamber / CongressHouse · 119th Congress
Date2025-02-10
TypeMeeting
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript154 caption blocks · 12,810 words · 1:18:26 runtime
EventCongress.gov 117786