Midnight Rule Relief Act of 2016

Bill: 114-hr-4612
Sponsor: Rep. Walberg, Tim [R-MI-7]
Introduced: 2016-02-25 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Competition and antitrust
Competitiveness, trade promotion, trade deficits
Economic performance and conditions
Elections, voting, political campaign regulation
Inflation and prices
Presidents and presidential powers, Vice Presidents
Small business
Unemployment

Summary:
action_date: 2016-02-25
text: 

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 it 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 businesses. 
 
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 certifies such finding in writing. 

action_date: 2016-06-10
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Midnight Rule Relief Act of 2016

 
(Sec. 2) 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 it 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 businesses. 
 
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. 
 
(Sec. 3) Such prohibition shall not apply 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.
 
(Sec. 4) 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 certifies such finding in writing. 


Legislative actions:
action_date: 2016-06-10
text: Placed on the Union Calendar, Calendar No. 480.
action_date: 2016-06-10
text: Committee on the Judiciary discharged.
action_date: 2016-06-10
text: Committee on the Judiciary discharged.
action_date: 2016-06-10
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-618, Part I.
action_date: 2016-06-10
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-618, Part I.
action_date: 2016-04-01
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2016-03-01
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 17.
action_date: 2016-03-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-02-25
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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.
action_date: 2016-02-25
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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.
action_date: 2016-02-25
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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.
action_date: 2016-02-25
text: Introduced in House
action_date: 2016-02-25
text: Introduced in House