IB 

Union Calendar No. 361 

112TH CONGRESS 

2D SESSION H. R. 4607 

[Report No. 112–513, Part I] 

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 HOUSE OF REPRESENTATIVES 

APRIL 24, 2012 

Mr. RIBBLE (for himself, Mr. ISSA, Mr. JORDAN, Mr. CARTER, Mr. CONAWAY, 

Mr. PAUL, and Mr. JONES) 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 1, 2012 

Additional sponsors: Ms. JENKINS, Mr. CANSECO, Mr. LANKFORD, Mr. 

TERRY, and Mr. GRIFFIN of Arkansas 

JUNE 1, 2012 

Reported from the Committee on Oversight and Government Reform 

JUNE 1, 2012 

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 4607 RH

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. 


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3 

•HR 4607 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 2012’’. 

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 that the Administrator of the Of10 fice of Information and Regulatory Affairs of the Office 

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

12 (1) an annual effect on the economy of 

13 $100,000,000 or more; 

14 (2) a major increase in costs or prices for con15 sumers, individual industries, Federal, State, or local 

16 government agencies, or geographic regions; or 

17 (3) significant adverse effects on competition, 

18 employment, investment, productivity, innovation, or 

19 on the ability of United States-based enterprises to 

20 compete with foreign-based enterprises in domestic 

21 and export markets. 

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

23 JUDICIAL DEADLINES. 

24 (a) IN GENERAL.—Section 2 shall not apply with re25 spect to any deadline— 


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

2 rule; 

3 (2) that was established before the beginning of 

4 the moratorium period; and 

5 (3) that is required to be taken during the mor6 atorium period. 

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

8 30 days after the beginning of a moratorium period, the 

9 Administrator of the Office of Information and Regulatory 

10 Affairs of the Office of Management and Budget shall 

11 identify and publish in the Federal Register a list of dead12 lines covered by subsection (a). 

13 SEC. 4. EXCEPTION. 

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

15 apply to a midnight rule if the President determines that 

16 the midnight rule is— 

17 (1) necessary because of an imminent threat to 

18 health or safety or other emergency; 

19 (2) necessary for the enforcement of criminal 

20 laws; 

21 (3) necessary for the national security of the 

22 United States; or 

23 (4) issued pursuant to any statute imple24 menting an international trade agreement. 


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1 (b) DEREGULATORY EXCEPTION.—Section 2 shall 

2 not apply to a midnight rule that the Administrator of 

3 the Office of Information and Regulatory Affairs within 

4 the Office of Management and Budget certifies in writing 

5 is limited to repealing an existing rule. 

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

7 days after a determination under subsection (a) or a cer8 tification is made under subsection (b), the head of the 

9 relevant agency shall publish in the Federal Register any 

10 midnight rule excluded from the moratorium period due 

11 to an exception under this section. 

12 SEC. 5. DEFINITIONS. 

13 In this Act: 

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

15 meaning given that term under section 551 of title 

16 5, United States Code, except that such term does 

17 not include— 

18 (A) the Federal Election Commission; 

19 (B) the Board of Governors of the Federal 

20 Reserve System; 

21 (C) the Federal Deposit Insurance Cor22 poration; or 

23 (D) the United States Postal Service. 

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

25 any date certain for fulfilling any obligation or exerVerDate Mar 15 2010 21:20 Jun 01, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4607.RH H4607

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1 cising any authority established by or under any 

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

3 order implementing any Federal statute, regulation, 

4 or rule. 

5 (3) MORATORIUM PERIOD.—The term ‘‘morato6 rium period’’ means the day after the day referred 

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

8 through January 20 of the following year, in which 

9 a President is not serving a consecutive term. 

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

11 rule’’ means an agency statement of general applica12 bility and future effect, issued during the morato13 rium period, that is intended to have the force and 

14 effect of law and is designed— 

15 (A) to implement, interpret, or prescribe 

16 law or policy; or 

17 (B) to describe the procedure or practice 

18 requirements of an agency. 

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

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

21 States Code. 


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Union Calendar No. 361 

112TH CONGRESS 

2D SESSION H. R. 4607 

[Report No. 112–513, Part I] 

A BILL 

To ensure economy and efficiency of Federal Govin office, and for other purposes. on midnight rules during a President’s final days ernment operations by establishing a moratorium 

JUNE 1, 2012 

Reported from the Committee on Oversight and 

Government Reform 

JUNE 1, 2012 

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 


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