II 

112TH CONGRESS 

2D SESSION S. 2368 

To ensure economy 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 SENATE OF THE UNITED STATES 

APRIL 25, 2012 

Mr. JOHNSON of Wisconsin (for himself, Mrs. HUTCHISON, Mr. KYL, Mr. 

SHELBY, Mr. THUNE, Mr. DEMINT, Mr. PAUL, Ms. AYOTTE, Mr. RISCH, 

Mr. JOHANNS, Mr. COATS, Mr. CHAMBLISS, Mr. RUBIO, Mr. BOOZMAN, 

Mr. BARRASSO, Mr. VITTER, Mr. MCCONNELL, Mr. BLUNT, Mr. SESSIONS, Mr. ROBERTS, Mr. INHOFE, Mr. GRAHAM, Mr. TOOMEY, Mr. 

BURR, Mr. HELLER, Mr. MORAN, Mr. ISAKSON, Mr. CORNYN, Mr. LEE, 

Ms. COLLINS, Mr. COCHRAN, Mr. HOEVEN, Mr. MCCAIN, Mr. COBURN, 

and Mr. WICKER) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To ensure economy 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2012’’. 

4 SEC. 2. MORATORIUM ON MIDNIGHT RULES. 

5 Except as provided under sections 3 and 4, during 

6 the moratorium period, an agency may not propose or fi7 nalize any midnight rule that the Administrator of the Of8 fice of Information and Regulatory Affairs of the Office 

9 of Management and Budget finds is likely to result in— 

10 (1) an annual effect on the economy of 

11 $100,000,000 or more; 

12 (2) a major increase in costs or prices for con13 sumers, individual industries, Federal, State, or local 

14 government agencies, or geographic regions; or 

15 (3) significant adverse effects on competition, 

16 employment, investment, productivity, innovation, or 

17 on the ability of United States-based enterprises to 

18 compete with foreign-based enterprises in domestic 

19 and export markets. 

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

21 JUDICIAL DEADLINES. 

22 (a) IN GENERAL.—Section 2 shall not apply with re23 spect to any deadline— 

24 (1) for, relating to, or involving any midnight 

25 rule; 


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1 (2) that was established before the beginning of 

2 the moratorium period; and 

3 (3) that is required to be taken during the mor4 atorium period. 

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

6 30 days after the beginning of a moratorium period, the 

7 Administrator of the Office of Information and Regulatory 

8 Affairs of the Office of Management and Budget shall 

9 identify and publish in the Federal Register a list of dead10 lines covered by subsection (a). 

11 SEC. 4. EXCEPTION. 

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

13 apply to a midnight rule if the President determines that 

14 the midnight rule is— 

15 (1) necessary because of an imminent threat to 

16 health or safety or other emergency; 

17 (2) necessary for the enforcement of criminal 

18 laws; 

19 (3) necessary for the national security of the 

20 United States; or 

21 (4) issued pursuant to any statute imple22 menting an international trade agreement. 

23 (b) DEREGULATORY EXCEPTION.—Section 2 shall 

24 not apply to a midnight rule that the Administrator of 

25 the Office of Information and Regulatory Affairs within 


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1 the Office of Management and Budget certifies in writing 

2 is limited to repealing an existing rule. 

3 (c) NOTICE OF EXCEPTIONS.—Not later than 30 

4 days after a determination under subsection (a) or a cer5 tification is made under subsection (b), the head of the 

6 relevant agency shall publish in the Federal Register any 

7 midnight rule excluded from the moratorium period due 

8 to an exception under this section. 

9 SEC. 5. DEFINITIONS. 

10 In this Act: 

11 (1) AGENCY.—The term ‘‘agency’’ has the 

12 meaning given that term under section 551 of title 

13 5, United States Code, except that such term does 

14 not include— 

15 (A) the Federal Election Commission; 

16 (B) the Board of Governors of the Federal 

17 Reserve System; 

18 (C) the Federal Deposit Insurance Cor19 poration; or 

20 (D) the United States Postal Service. 

21 (2) DEADLINE.—The term ‘‘deadline’’ means 

22 any date certain for fulfilling any obligation or exer23 cising any authority established by or under any 

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


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1 order implementing any Federal statute, regulation, 

2 or rule. 

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

9 rule’’ means an agency statement of general applica10 bility and future effect, issued during the morato11 rium period, that is intended to have the force and 

12 effect of law and is designed— 

13 (A) to implement, interpret, or prescribe 

14 law or policy; or 

15 (B) to describe the procedure or practice 

16 requirements of an agency. 

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

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

19 States Code. 

Æ 


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