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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2368 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Midnight Rule Relief Act of 2012''.

SEC. 2. MORATORIUM ON MIDNIGHT RULES.

    Except as provided under sections 3 and 4, during the moratorium 
period, an agency may not propose or finalize any midnight rule that 
the Administrator of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget finds is likely to result in--
            (1) an annual effect on the economy of $100,000,000 or 
        more;
            (2) a major increase in costs or prices for consumers, 
        individual industries, Federal, State, or local government 
        agencies, or geographic regions; or
            (3) significant adverse effects on competition, employment, 
        investment, productivity, innovation, or on the ability of 
        United States-based enterprises to compete with foreign-based 
        enterprises in domestic and export markets.

SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

    (a) In General.--Section 2 shall not apply with respect to any 
deadline--
            (1) for, relating to, or involving any midnight rule;
            (2) that was established before the beginning of the 
        moratorium period; and
            (3) that is required to be taken during the moratorium 
        period.
    (b) Publication of Deadlines.--Not later than 30 days after the 
beginning of a moratorium period, the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget shall identify and publish in the Federal Register a list of 
deadlines covered by subsection (a).

SEC. 4. EXCEPTION.

    (a) Emergency Exception.--Section 2 shall not apply to a midnight 
rule if the President determines that the midnight rule is--
            (1) necessary because of an imminent threat to health or 
        safety or other emergency;
            (2) necessary for the enforcement of criminal laws;
            (3) necessary for the national security of the United 
        States; or
            (4) issued pursuant to any statute implementing an 
        international trade agreement.
    (b) Deregulatory Exception.--Section 2 shall not apply to a 
midnight rule that the Administrator of the Office of Information and 
Regulatory Affairs within the Office of Management and Budget certifies 
in writing is limited to repealing an existing rule.
    (c) Notice of Exceptions.--Not later than 30 days after a 
determination under subsection (a) or a certification is made under 
subsection (b), the head of the relevant agency shall publish in the 
Federal Register any midnight rule excluded from the moratorium period 
due to an exception under this section.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term under section 551 of title 5, United States Code, except 
        that such term does not include--
                    (A) the Federal Election Commission;
                    (B) the Board of Governors of the Federal Reserve 
                System;
                    (C) the Federal Deposit Insurance Corporation; or
                    (D) the United States Postal Service.
            (2) Deadline.--The term ``deadline'' means any date certain 
        for fulfilling any obligation or exercising any authority 
        established by or under any Federal statute or rule, or by or 
        under any court order implementing any Federal statute, 
        regulation, or rule.
            (3) Moratorium period.--The term ``moratorium period'' 
        means the day after the day referred to in section 1 of title 
        3, United States Code, through January 20 of the following 
        year, in which a President is not serving a consecutive term.
            (4) Midnight rule.--The term ``midnight rule'' means an 
        agency statement of general applicability and future effect, 
        issued during the moratorium period, that is intended to have 
        the force and effect of law and is designed--
                    (A) to implement, interpret, or prescribe law or 
                policy; or
                    (B) to describe the procedure or practice 
                requirements of an agency.
            (5) Rule.--The term ``rule'' has the meaning given that 
        term under section 551 of title 5, United States Code.
                                 <all>
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