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Midnight Rule Act (Introduced in House)
HR 7296 IH
November 20, 2008
Mr. NADLER introduced the following bill; which was referred to the Committee on the Judiciary
- 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 Rule Act'.
SEC. 2. RESTRICTIONS ON MIDNIGHT RULEMAKING.
- Title 5, United States Code, is amended by inserting after section 555 the following new section:
`Sec. 555a. Restrictions on midnight rulemaking
- `(a) Rules Adopted in the Final 90 Days of a Presidential Administration- Notwithstanding section 801, a midnight rule shall not take effect until 90 days after the agency head is appointed by the new President.
- `(b) Presidential Authority-
- `(1) NOTICE- Notwithstanding any other provision of this section, a midnight rule that would not take effect by reason of subsection (a) may take effect if the President serving his final term makes a determination under paragraph (2) and submits written notice of such determination to the Congress.
- `(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 implementing 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 on congressional disapproval procedures under section 802 or congressional review under section 801.
- `(c) Disapproval by a New Agency Head-
- `(1) DISAPPROVAL- The agency head appointed by the new President may disapprove of a midnight rule no later than 90 days after being appointed.
- `(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 relating 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.
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