I 
111TH CONGRESS 
1ST SESSION 
H. R. 34 
To delay the implementation of agency rules adopted within the final 90 
days of the final term a President serves. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. NADLER of New York introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To delay the implementation of agency rules adopted within 
the final 90 days of the final term a President serves. 
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 Act’’. 
SEC. 2. RESTRICTIONS ON MIDNIGHT RULEMAKING. 
Title 5, United States Code, is amended by inserting 
after section 555 the following new section: 
‘‘§ 555a. Restrictions on midnight rulemaking 
‘‘(a) RULES ADOPTED IN THE FINAL 90 DAYS OF 
A
PRESIDENTIAL
ADMINISTRATION.—Notwithstanding 
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section 801, a midnight rule shall not take effect until 90 
days after the agency head is appointed by the new Presi-
dent. 
‘‘(b) PRESIDENTIAL AUTHORITY.— 
‘‘(1) NOTICE.—Notwithstanding any other pro-
vision of this section, a midnight rule that would not 
take effect by reason of subsection (a) may take ef-
fect if the President serving his final term makes a 
determination under paragraph (2) and submits 
written notice of such determination to the Con-
gress. 
‘‘(2) EXCEPTIONS.—A determination under this 
paragraph is a determination made by the President 
by Executive Order that the midnight rule should 
take effect because such rule is— 
‘‘(A) necessary because of an imminent 
threat to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) EFFECT ON CONGRESSIONAL DISAPPROVAL 
PROCEDURES.—An exercise by the President of the 
authority under this subsection shall have no effect 
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on congressional disapproval procedures under sec-
tion 802 or congressional review under section 801. 
‘‘(c) DISAPPROVAL BY A NEW AGENCY HEAD.— 
‘‘(1) DISAPPROVAL.—The agency head ap-
pointed by the new President may disapprove of a 
midnight rule no later than 90 days after being ap-
pointed. 
‘‘(2) PROCEDURE.—The agency head appointed 
by the new President may disapprove a midnight 
rule by publishing a statement of disapproval in the 
Federal Register and sending a notice of disapproval 
to the congressional committees of jurisdiction. 
‘‘(d) DEFINITIONS.—The term ‘midnight rule’ means 
a rule adopted by an agency within the final 90 days a 
President serves in office.’’. 
SEC. 3. CLERICAL AMENDMENT. 
The table of contents of chapter 5 of title 5, United 
States Code, is amended by inserting after the item relat-
ing to section 555 the following new item: 
‘‘555a. Midnight rulemaking.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply to any 
rule adopted on or after October 22, 2008. 
Æ 
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