Midnight Rule Relief Act of 2016

To ensure economic stability, accountability, 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. Short title This Act may be cited as the Midnight Rule Relief Act of 2016 2. Definitions In this Act: (1) Administrator The term Administrator (2) Agency The term agency (A) has the meaning given the term in section 551 of title 5, United States Code; and (B) does not include— (i) the Federal Election Commission; (ii) the Board of Governors of the Federal Reserve System; (iii) the Federal Deposit Insurance Corporation; or (iv) the United States Postal Service. (3) Deadline The term deadline (A) any Federal statute or rule; or (B) any court order implementing any Federal statute, regulation, or rule. (4) Midnight rule The term midnight rule (A) is intended to have the force and effect of law; and (B) is designed— (i) to implement, interpret, or prescribe law or policy; or (ii) to describe the procedure or practice requirements of an agency. (5) Moratorium period The term moratorium period (6) Rule The term rule (7) Small entity The term small entity 3. Moratorium on midnight rules Except as provided under sections 4 and 5, during the moratorium period, an agency may not propose or finalize any midnight rule unless the Administrator finds the midnight rule will not result in any of the following: (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. (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. (4) A significant economic impact on a substantial number of small entities. 4. Special rule on statutory, regulatory, and judicial deadlines (a) In general Section 3 shall not apply with respect to any deadline for, relating to, or involving any midnight rule that— (1) was established before the beginning of the moratorium period; and (2) is required to occur during the moratorium period. (b) Publication of deadlines Not later than 30 days after the beginning of a moratorium period, the Administrator shall identify and publish in the Federal Register a list of deadlines covered by subsection (a). 5. Exceptions (a) Emergency exception Section 3 shall not apply to a midnight rule if the President determines by Executive order 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 3 shall not apply to a midnight rule if the Administrator— (1) finds the midnight rule is limited to repealing an existing rule; and (2) publishes a certification of that finding in the Federal Register.

Summary: Midnight Rule Relief Act of 2016 This bill prohibits a federal agency (excluding the Federal Election Commission, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the U.S. Postal Service) from proposing or finalizing any midnight rule unless the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget finds that such a rule will not result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small entities. The bill defines "midnight rule" as an agency statement of general applicability and future effect that is issued during the moratorium period, that is intended to have the force and effect of law, and that is designed to: (1) implement, interpret, or prescribe law or policy; or (2) describe the procedure or practice requirements of an agency.  The "moratorium period" begins on the day after the Tuesday next after the first Monday in November in every fourth year succeeding a presidential election and extends through January 20 of the following year in which a President is not serving a consecutive term. The bill exempts any midnight rule that the President determines is necessary: (1) because of an imminent threat to health or safety or other emergency, (2) to enforce criminal laws, (3) to protect U.S. national security, or (4) to implement an international trade agreement. The moratorium does not apply to a midnight rule if the OIRA finds that such rule is limited to repealing an existing rule and publishes a certification of that finding in the Federal Register.