I 

114TH CONGRESS 

2D SESSION H. R. 4612 

To ensure economic stability, accountability, and efficiency of Federal Government operations by establishing a moratorium on midnight rules during 

a President’s final days in office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2016 

Mr. WALBERG (for himself, Mrs. LUMMIS, Mr. SMITH of Texas, Mr. 

FARENTHOLD, Mr. JODY B. HICE of Georgia, Ms. JENKINS of Kansas, 

Mr. MULVANEY, Mr. DESANTIS, Mr. GOSAR, Mr. RIBBLE, Mrs. MILLER

of Michigan, and Mr. BLUM) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in 

addition to the Committee on the Judiciary, 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 ensure economic stability, accountability, and efficiency 

of Federal Government operations by establishing a moratorium on midnight rules during a President’s final 

days in office, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Midnight Rule Relief 

5 Act of 2016’’. 


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1 SEC. 2. MORATORIUM ON MIDNIGHT RULES. 

2 Except as provided under sections 3 and 4, during 

3 the moratorium period, an agency may not propose or fi4 nalize any midnight rule unless the Administrator finds 

5 the midnight rule will not result in any of the following: 

6 (1) An annual effect on the economy of 

7 $100,000,000 or more. 

8 (2) A major increase in costs or prices for con9 sumers, individual industries, Federal, State, or local 

10 government agencies, or geographic regions. 

11 (3) Significant adverse effects on competition, 

12 employment, investment, productivity, innovation, or 

13 on the ability of United States-based enterprises to 

14 compete with foreign-based enterprises in domestic 

15 and export markets. 

16 (4) A significant economic impact on a substan17 tial number of small businesses. 

18 SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND 

19 JUDICIAL DEADLINES. 

20 (a) IN GENERAL.—Section 2 shall not apply with re21 spect to any deadline for, relating to, or involving any mid22 night rule that— 

23 (1) was established before the beginning of the 

24 moratorium period; and 

25 (2) is required to occur during the moratorium 

26 period. 


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1 (b) PUBLICATION OF DEADLINES.—Not later than 

2 30 days after the beginning of a moratorium period, the 

3 Administrator shall identify and publish in the Federal 

4 Register a list of deadlines covered by subsection (a). 

5 SEC. 4. EXCEPTION. 

6 (a) EMERGENCY EXCEPTION.—Section 2 shall not 

7 apply to a midnight rule if the President determines by 

8 Executive order that the midnight rule is— 

9 (1) necessary because of an imminent threat to 

10 health or safety or other emergency; 

11 (2) necessary for the enforcement of criminal 

12 laws; 

13 (3) necessary for the national security of the 

14 United States; or 

15 (4) issued pursuant to any statute imple16 menting an international trade agreement. 

17 (b) DEREGULATORY EXCEPTION.—Section 2 shall 

18 not apply to a midnight rule that the Administrator finds 

19 is limited to repealing an existing rule and certifies such 

20 finding in writing. The certification shall be published in 

21 the Federal Register. 

22 SEC. 5. DEFINITIONS. 

23 In this Act: 

24 (1) ADMINISTRATOR.—The term ‘‘Adminis25 trator’’ means the Administrator of the Office of InVerDate Sep 11 2014 23:03 Feb 26, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4612.IH H4612

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1 formation and Regulatory Affairs within the Office 

2 of Management and Budget. 

3 (2) AGENCY.—The term ‘‘agency’’ has the 

4 meaning given that term under section 551 of title 

5 5, United States Code, except such term does not in6 clude— 

7 (A) the Federal Election Commission; 

8 (B) the Board of Governors of the Federal 

9 Reserve System; 

10 (C) the Federal Deposit Insurance Cor11 poration; or 

12 (D) the United States Postal Service. 

13 (3) DEADLINE.—The term ‘‘deadline’’ means 

14 any date certain for fulfilling any obligation or exer15 cising any authority established by or under any 

16 Federal statute or rule, or by or under any court 

17 order implementing any Federal statute, regulation, 

18 or rule. 

19 (4) MIDNIGHT RULE.—The term ‘‘midnight 

20 rule’’ means an agency statement of general applica21 bility and future effect, issued during the morato22 rium period, that is intended to have the force and 

23 effect of law and is designed— 

24 (A) to implement, interpret, or prescribe 

25 law or policy; or 


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1 (B) to describe the procedure or practice 

2 requirements of an agency. 

3 (5) MORATORIUM PERIOD.—The term ‘‘morato4 rium period’’ means the day after the day referred 

5 to in section 1 of title 3, United States Code, 

6 through January 20 of the following year, in which 

7 a President is not serving a consecutive term. 

8 (6) RULE.—The term ‘‘rule’’ has the meaning 

9 given that term under section 551 of title 5, United 

10 States Code. 

11 (7) SMALL BUSINESS.—The term ‘‘small busi12 ness’’ has the meaning given that term under section 

13 601 of title 5, United States Code. 

Æ 


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