I 

116TH CONGRESS 

2D SESSION H. R. 8956 

To require reports on regulations issued, and homeland security risks arising, 

during a presidential transition, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2020 

Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, Mr. 

KRISHNAMOORTHI, and Ms. SPEIER) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Oversight and Reform, 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 require reports on regulations issued, and homeland security risks arising, during a presidential transition, 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 Regulations 

5 Review Act’’. 


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1 SEC. 2. REPORT ON REGULATIONS PROMULGATED NEAR 

2 THE END OF PRESIDENTIAL TERMS. 

3 (a) REPORT.—Not later than one year after the inau4 guration of a new President, the Comptroller General of 

5 the United States shall submit to Congress a report re6 garding covered regulations promulgated during the cov7 ered presidential transition period. 

8 (b) CONTENTS OF REPORT.—The report required 

9 under subsection (a) shall, to the extent feasible, for the 

10 covered presidential transition period— 

11 (1) compare the number, scope, and impact of, 

12 and type of rulemaking procedure used for, covered 

13 regulations promulgated during the covered presi14 dential transition period to the number, scope, and 

15 impact of, and type of rulemaking procedure used 

16 for, covered regulations promulgated during the 120- 

17 day periods ending on January 20 of each year after 

18 1996, other than the 120-day period ending on the 

19 date of the inauguration of the new President; 

20 (2) determine the statistical significance of any 

21 differences identified under paragraph (1) and 

22 whether and to what extent such differences indicate 

23 any patterns; 

24 (3) evaluate the size, scope, and effect of the 

25 covered regulations promulgated during the covered 

26 presidential transition period; and 


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1 (4) assess the extent to which the regularly re2 quired processes for the promulgation of covered 

3 regulations were followed during the covered presi4 dential transition period, including compliance with 

5 the requirements under— 

6 (A) chapter 8 of title 5, United States 

7 Code (commonly known as the ‘‘Congressional 

8 Review Act’’); 

9 (B) the Small Business Regulatory En10 forcement Fairness Act of 1996 (5 U.S.C. 601 

11 note); 

12 (C) sections 202, 203, 204, and 205 of the 

13 Unfunded Mandates Reform Act of 1995 (2 

14 U.S.C. 1532–1535); 

15 (D) chapter 6 of title 5, United States 

16 Code (commonly known as the ‘‘Regulatory 

17 Flexibility Act’’); and 

18 (E) subchapter I of chapter 35 of title 44, 

19 United States Code (commonly known as the 

20 ‘‘Paperwork Reduction Act’’). 

21 SEC. 3. COMPTROLLER GENERAL REPORT ON MAJOR 

22 RULES SUBJECT TO CONGRESSIONAL RE23 VIEW. 

24 (a) IDENTIFICATION.—Beginning not later than 5 

25 weeks after January 20, 2021, or 5 weeks after the date 


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1 of the enactment of this Act, whichever is later, and not 

2 later than 5 weeks after each date on which a new Presi3 dent is inaugurated thereafter, the Comptroller General 

4 of the United States shall identify and submit to Congress 

5 any major rules potentially subject to a joint resolution 

6 of disapproval pursuant to section 802 of title 5, United 

7 States Code, which were published in the Federal Register 

8 or for which a report was submitted to Congress in accord9 ance with section 801(a)(1)(A) of such title, during— 

10 (1) the period described in section 801(d) of 

11 such title; or 

12 (2) the period beginning on the date on which 

13 the period described in subparagraph (A) expires 

14 and ending on the date on which a new President is 

15 inaugurated. 

16 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

17 may be construed to limit the ability to exercise authority 

18 pursuant to chapter 8 of title 5, United States Code (com19 monly known as the ‘‘Congressional Review Act’’). 

20 SEC. 4. DEFINITIONS. 

21 In this Act: 

22 (1) COVERED PRESIDENTIAL TRANSITION PE23 RIOD.—The term ‘‘covered presidential transition pe24 riod’’ means the 120-day period ending on the date 

25 of the inauguration of the new President. 


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1 (2) COVERED REGULATION.—The term ‘‘cov2 ered regulation’’ means a final economically signifi3 cant regulatory action promulgated by an agency. 

4 (3) EXECUTIVE DEPARTMENT.—The term 

5 ‘‘agency’’ has the meaning given that term in section 

6 551 of title 5, United States Code. 

7 (4) MAJOR RULE.—The term ‘‘major rule’’ has 

8 the meaning given such term in section 804 of title 

9 5, United States Code. 

10 (5) NEW PRESIDENT.—The term ‘‘new Presi11 dent’’ means a President who— 

12 (A) did not hold the office of the President 

13 on the day before the date of the inauguration 

14 of such President; and 

15 (B) is inaugurated on or before January 

16 20, 2033. 

17 (6) ECONOMICALLY SIGNIFICANT REGULATORY

18 ACTION.—The term ‘‘economically significant regu19 latory action’’ means any regulatory action that is 

20 likely to result in a rule that may have an annual 

21 effect on the economy of $100,000,000 or more or 

22 adversely affect in a material way the economy, a 

23 sector of the economy, productivity, competition, 


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1 jobs, the environment, public health or safety, or 

2 State, local, or Tribal governments or communities. 

Æ 


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