IB 

Union Calendar No. 480 

114TH CONGRESS 

2D SESSION H. R. 4612 

[Report No. 114–618, Part I] 

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 

JUNE 10, 2016 

Additional sponsors: Mr. KING of Iowa, Mr. HUIZENGA of Michigan, Mr. 

DUNCAN of Tennessee, Mr. WALKER, Mr. BRAT, Mr. LAMALFA, Mr. 

CRAMER, Mr. PALAZZO, Ms. MCSALLY, Mr. GROTHMAN, Mr. ROUZER, 

Mr. HENSARLING, Mr. BABIN, Mr. CARTER of Georgia, Mr. BISHOP of 

Michigan, Mr. CHABOT, Mr. BARLETTA, and Mr. MULLIN

JUNE 10, 2016 

Reported from the Committee on Oversight and Government Reform 

JUNE 10, 2016 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


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•HR 4612 RH

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. 


sradovich on DSK3TPTVN1PROD with BILLS
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•HR 4612 RH

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’’. 

6 SEC. 2. MORATORIUM ON MIDNIGHT RULES. 

7 Except as provided under sections 3 and 4, during 

8 the moratorium period, an agency may not propose or fi9 nalize any midnight rule unless the Administrator finds 

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

11 (1) An annual effect on the economy of 

12 $100,000,000 or more. 

13 (2) A major increase in costs or prices for con14 sumers, individual industries, Federal, State, or local 

15 government agencies, or geographic regions. 

16 (3) Significant adverse effects on competition, 

17 employment, investment, productivity, innovation, or 

18 on the ability of United States-based enterprises to 

19 compete with foreign-based enterprises in domestic 

20 and export markets. 

21 (4) A significant economic impact on a substan22 tial number of small businesses. 


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•HR 4612 RH

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

2 JUDICIAL DEADLINES. 

3 (a) IN GENERAL.—Section 2 shall not apply with re4 spect to any deadline for, relating to, or involving any mid5 night rule that— 

6 (1) was established before the beginning of the 

7 moratorium period; and 

8 (2) is required to occur during the moratorium 

9 period. 

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

11 30 days after the beginning of a moratorium period, the 

12 Administrator shall identify and publish in the Federal 

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

14 SEC. 4. EXCEPTION. 

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

16 apply to a midnight rule if the President determines by 

17 Executive order that the midnight rule is— 

18 (1) necessary because of an imminent threat to 

19 health or safety or other emergency; 

20 (2) necessary for the enforcement of criminal 

21 laws; 

22 (3) necessary for the national security of the 

23 United States; or 

24 (4) issued pursuant to any statute imple25 menting an international trade agreement. 


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•HR 4612 RH

1 (b) DEREGULATORY EXCEPTION.—Section 2 shall 

2 not apply to a midnight rule that the Administrator finds 

3 is limited to repealing an existing rule and certifies such 

4 finding in writing. The certification shall be published in 

5 the Federal Register. 

6 SEC. 5. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Office of In10 formation and Regulatory Affairs within the Office 

11 of Management and Budget. 

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

13 meaning given that term under section 551 of title 

14 5, United States Code, except such term does not in15 clude— 

16 (A) the Federal Election Commission; 

17 (B) the Board of Governors of the Federal 

18 Reserve System; 

19 (C) the Federal Deposit Insurance Cor20 poration; or 

21 (D) the United States Postal Service. 

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

23 any date certain for fulfilling any obligation or exer24 cising any authority established by or under any 

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


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•HR 4612 RH

1 order implementing any Federal statute, regulation, 

2 or rule. 

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

4 rule’’ means an agency statement of general applica5 bility and future effect, issued during the morato6 rium period, that is intended to have the force and 

7 effect of law and is designed— 

8 (A) to implement, interpret, or prescribe 

9 law or policy; or 

10 (B) to describe the procedure or practice 

11 requirements of an agency. 

12 (5) MORATORIUM PERIOD.—The term ‘‘morato13 rium period’’ means the day after the day referred 

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

15 through January 20 of the following year, in which 

16 a President is not serving a consecutive term. 

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

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

19 States Code. 

20 (7) SMALL BUSINESS.—The term ‘‘small busi21 ness’’ has the meaning given that term under section 

22 601 of title 5, United States Code. 


sradovich on DSK3TPTVN1PROD with BILLS

sradovich on DSK3TPTVN1PROD with BILLS
Union Calendar No. 480 

114TH CONGRESS 

2D SESSION H. R. 4612 

[Report No. 114–618, Part I] 

A BILL 

To ensure economic stability, accountability, and efother purposes. ing a President’s final days in office, and for tablishing a moratorium on midnight rules dur- ficiency of Federal Government operations by esJUNE 10, 2016 

Reported from the Committee on Oversight and 

Government Reform 

JUNE 10, 2016 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


sradovich on DSK3TPTVN1PROD with BILLS