I 111th CONGRESS 1st Session H. R. 34 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.

1.

Short title

This Act may be cited as the Midnight Rule Act.

2.

Restrictions on midnight rulemaking

Title 5, United States Code, is amended by inserting after section 555 the following new section:

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.

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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..

4.

Effective date

The amendments made by this Act shall apply to any rule adopted on or after October 22, 2008.