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 estab-
lishing 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 re-
ferred to the Committee on Oversight and Government Reform, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently 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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Be it enacted by the Senate and House of Representa-
tives 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 fi-
nalize any midnight rule that the Administrator of the Of-
fice 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 con-
sumers, 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 re-
spect to any deadline— 
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(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 mor-
atorium 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 dead-
lines 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 imple-
menting an international trade agreement. 
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(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 cer-
tification 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 Cor-
poration; or 
(D) the United States Postal Service. 
(2) DEADLINE.—The term ‘‘deadline’’ means 
any date certain for fulfilling any obligation or exer-
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cising 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 ‘‘morato-
rium 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 applica-
bility and future effect, issued during the morato-
rium 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. 
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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 Gov-
ernment operations by establishing a moratorium 
on midnight rules during a President’s final days 
in office, and for other purposes. 
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 
VerDate Mar 15 2010 
21:20 Jun 01, 2012
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PO 00000
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