[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 34 Introduced in House (IH)]







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 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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