Title: Midnight Regulations Review Act
Policy area: Government Operations and Politics

Summary:
Midnight Regulations Review Act  This bill requires the Government Accountability Office to report on certain regulations promulgated during the period leading up to the inauguration of a new President, including major rules that may be subject to nullification under the Congressional Review Act.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8956 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Midnight Regulations Review Act''.

SEC. 2. REPORT ON REGULATIONS PROMULGATED NEAR THE END OF PRESIDENTIAL 
              TERMS.

    (a) Report.--Not later than one year after the inauguration of a 
new President, the Comptroller General of the United States shall 
submit to Congress a report regarding covered regulations promulgated 
during the covered presidential transition period.
    (b) Contents of Report.--The report required under subsection (a) 
shall, to the extent feasible, for the covered presidential transition 
period--
            (1) compare the number, scope, and impact of, and type of 
        rulemaking procedure used for, covered regulations promulgated 
        during the covered presidential transition period to the 
        number, scope, and impact of, and type of rulemaking procedure 
        used for, covered regulations promulgated during the 120-day 
        periods ending on January 20 of each year after 1996, other 
        than the 120-day period ending on the date of the inauguration 
        of the new President;
            (2) determine the statistical significance of any 
        differences identified under paragraph (1) and whether and to 
        what extent such differences indicate any patterns;
            (3) evaluate the size, scope, and effect of the covered 
        regulations promulgated during the covered presidential 
        transition period; and
            (4) assess the extent to which the regularly required 
        processes for the promulgation of covered regulations were 
        followed during the covered presidential transition period, 
        including compliance with the requirements under--
                    (A) chapter 8 of title 5, United States Code 
                (commonly known as the ``Congressional Review Act'');
                    (B) the Small Business Regulatory Enforcement 
                Fairness Act of 1996 (5 U.S.C. 601 note);
                    (C) sections 202, 203, 204, and 205 of the Unfunded 
                Mandates Reform Act of 1995 (2 U.S.C. 1532-1535);
                    (D) chapter 6 of title 5, United States Code 
                (commonly known as the ``Regulatory Flexibility Act''); 
                and
                    (E) subchapter I of chapter 35 of title 44, United 
                States Code (commonly known as the ``Paperwork 
                Reduction Act'').

SEC. 3. COMPTROLLER GENERAL REPORT ON MAJOR RULES SUBJECT TO 
              CONGRESSIONAL REVIEW.

    (a) Identification.--Beginning not later than 5 weeks after January 
20, 2021, or 5 weeks after the date of the enactment of this Act, 
whichever is later, and not later than 5 weeks after each date on which 
a new President is inaugurated thereafter, the Comptroller General of 
the United States shall identify and submit to Congress any major rules 
potentially subject to a joint resolution of disapproval pursuant to 
section 802 of title 5, United States Code, which were published in the 
Federal Register or for which a report was submitted to Congress in 
accordance with section 801(a)(1)(A) of such title, during--
            (1) the period described in section 801(d) of such title; 
        or
            (2) the period beginning on the date on which the period 
        described in subparagraph (A) expires and ending on the date on 
        which a new President is inaugurated.
    (b) Rule of Construction.--Nothing in this Act may be construed to 
limit the ability to exercise authority pursuant to chapter 8 of title 
5, United States Code (commonly known as the ``Congressional Review 
Act'').

SEC. 4. DEFINITIONS.

    In this Act: 
            (1) Covered presidential transition period.--The term 
        ``covered presidential transition period'' means the 120-day 
        period ending on the date of the inauguration of the new 
        President.
            (2) Covered regulation.--The term ``covered regulation'' 
        means a final economically significant regulatory action 
        promulgated by an agency.
            (3) Executive department.--The term ``agency'' has the 
        meaning given that term in section 551 of title 5, United 
        States Code.
            (4) Major rule.--The term ``major rule'' has the meaning 
        given such term in section 804 of title 5, United States Code.
            (5) New president.--The term ``new President'' means a 
        President who--
                    (A) did not hold the office of the President on the 
                day before the date of the inauguration of such 
                President; and
                    (B) is inaugurated on or before January 20, 2033.
            (6) Economically significant regulatory action.--The term 
        ``economically significant regulatory action'' means any 
        regulatory action that is likely to result in a rule that may 
        have an annual effect on the economy of $100,000,000 or more or 
        adversely affect in a material way the economy, a sector of the 
        economy, productivity, competition, jobs, the environment, 
        public health or safety, or State, local, or Tribal governments 
        or communities.
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