Rep. Nadler Acts to Prevent Last Minute Regulatory Changes by White House

Midnight Rule Act would Require Incoming Cabinet Approval of Proposed Changes

WASHINGTON, D.C. – Today, Rep. Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, introduced the Midnight Rule Act to require that all regulatory changes made by the White House within the last three months of an Administration be approved by the relevant incoming Cabinet Secretaries.  This legislative safeguard would check the Bush Administration’s final drive to alter government regulations and weaken civil liberties, erode environmental protections and threaten women’s reproductive rights.

“I am introducing the Midnight Rule Act to halt what has materialized as a series of last minute attempts by the Bush Administration to weaken key legal protections through regulatory change,” said Rep. Nadler.  “This Administration has already snuck past Congress new FBI guidelines to allow greater powers of surveillance without additional oversight, and it has rushed through alarming changes to our environmental laws that will threaten wilderness areas and endangered species of animals.”

Among the changes enacted or expected in the last 90 days of the Bush Administration are:

• The Department of Justice has issued revised FBI guidelines, allowing agents greater powers to collect information on individual Americans, with greater possibility for ethnic or religious profiling and monitoring of innocent bystanders.

• The Department of the Interior has weakened regulations on federal projects which might threaten endangered species, allowing the agency to bypass reviews of global warming and potential ecological impacts.  The Department is also expected to remove the gray wolf from its list of endangered species.

• The Environmental Protection Agency (EPA) is expected to deal a blow to the Clean Air Act by softening pollution control requirements for power plant upgrades.

• The EPA and Department of the Interior are also coordinating plans to allow mining companies to dump toxic waste without concern for environmental harm.

• The Department of Health and Human Services will likely change regulations to curtail access to abortion, contraceptives and information about reproductive health options.  This would also extend the “right to refuse” abortion provision to a larger array of health workers.

• The Internal Revenue Service has already put into place tax subsidies for banks which inherit losses through acquisitions.

“When a highly unpopular lame duck President attempts to impose regressive right-wing regulatory change on his way out the door, we have the right and the obligation to stop him in his tracks,” continued Rep. Nadler.  “After American voters have soundly rejected Bush’s agenda and his policies, the people should not be unnecessarily subjected to his last ditch political whims.”