I 

112TH CONGRESS 

2D SESSION H. R. 4607 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2012’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 4607 IH

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 that the Administrator of the Of5 fice of Information and Regulatory Affairs of the Office 

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

7 (1) an annual effect on the economy of 

8 $100,000,000 or more; 

9 (2) a major increase in costs or prices for con10 sumers, individual industries, Federal, State, or local 

11 government agencies, or geographic regions; or 

12 (3) significant adverse effects on competition, 

13 employment, investment, productivity, innovation, or 

14 on the ability of United States-based enterprises to 

15 compete with foreign-based enterprises in domestic 

16 and export markets. 

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

18 JUDICIAL DEADLINES. 

19 (a) IN GENERAL.—Section 2 shall not apply with re20 spect to any deadline— 

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

22 rule; 

23 (2) that was established before the beginning of 

24 the moratorium period; and 

25 (3) that is required to be taken during the mor26 atorium period. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 4607 IH

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

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

3 Administrator of the Office of Information and Regulatory 

4 Affairs of the Office of Management and Budget shall 

5 identify and publish in the Federal Register a list of dead6 lines covered by subsection (a). 

7 SEC. 4. EXCEPTION. 

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

9 apply to a midnight rule if the President determines that 

10 the midnight rule is— 

11 (1) necessary because of an imminent threat to 

12 health or safety or other emergency; 

13 (2) necessary for the enforcement of criminal 

14 laws; 

15 (3) necessary for the national security of the 

16 United States; or 

17 (4) issued pursuant to any statute imple18 menting an international trade agreement. 

19 (b) DEREGULATORY EXCEPTION.—Section 2 shall 

20 not apply to a midnight rule that the Administrator of 

21 the Office of Information and Regulatory Affairs within 

22 the Office of Management and Budget certifies in writing 

23 is limited to repealing an existing rule. 

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

25 days after a determination under subsection (a) or a cerVerDate Mar 15 2010 02:26 Apr 26, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4607.IH H4607

tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 4607 IH

1 tification is made under subsection (b), the head of the 

2 relevant agency shall publish in the Federal Register any 

3 midnight rule excluded from the moratorium period due 

4 to an exception under this section. 

5 SEC. 5. DEFINITIONS. 

6 In this Act: 

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

8 meaning given that term under section 551 of title 

9 5, United States Code, except that such term does 

10 not include— 

11 (A) the Federal Election Commission; 

12 (B) the Board of Governors of the Federal 

13 Reserve System; 

14 (C) the Federal Deposit Insurance Cor15 poration; or 

16 (D) the United States Postal Service. 

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

18 any date certain for fulfilling any obligation or exer19 cising any authority established by or under any 

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

21 order implementing any Federal statute, regulation, 

22 or rule. 

23 (3) MORATORIUM PERIOD.—The term ‘‘morato24 rium period’’ means the day after the day referred 

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


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 4607 IH

1 through January 20 of the following year, in which 

2 a President is not serving a consecutive term. 

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

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

14 States Code. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS