II 112th CONGRESS 2d Session S. 2368 IN THE SENATE OF THE UNITED STATES April 25, 2012 Mr. Johnson of Wisconsin (for himself, Mrs. Hutchison, Mr. Kyl, Mr. Shelby, Mr. Thune, Mr. DeMint, Mr. Paul, Ms. Ayotte, Mr. Risch, Mr. Johanns, Mr. Coats, Mr. Chambliss, Mr. Rubio, Mr. Boozman, Mr. Barrasso, Mr. Vitter, Mr. McConnell, Mr. Blunt, Mr. Sessions, Mr. Roberts, Mr. Inhofe, Mr. Graham, Mr. Toomey, Mr. Burr, Mr. Heller, Mr. Moran, Mr. Isakson, Mr. Cornyn, Mr. Lee, Ms. Collins, Mr. Cochran, Mr. Hoeven, Mr. McCain, Mr. Coburn, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure economy and efficiency of Federal Government operations by establishing a moratorium on midnight rules during a President’s final days in office, and for other purposes.

1.

Short title

This Act may be cited as the Midnight Rule Relief Act of 2012.

2.

Moratorium on midnight rules

Except as provided under sections 3 and 4, during the moratorium period, an agency may not propose or finalize any midnight rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds is likely to result in— (1)an annual effect on the economy of $100,000,000 or more; (2)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3)significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

3.

Special rule on statutory, regulatory, and judicial deadlines

(a)

In general

Section 2 shall not apply with respect to any deadline— (1)for, relating to, or involving any midnight rule; (2)that was established before the beginning of the moratorium period; and (3)that is required to be taken during the moratorium period. (b)

Publication of deadlines

Not later than 30 days after the beginning of a moratorium period, the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget shall identify and publish in the Federal Register a list of deadlines covered by subsection (a).

4.

Exception

(a)

Emergency exception

Section 2 shall not apply to a midnight rule if the President determines that the midnight rule is— (1)necessary because of an imminent threat to health or safety or other emergency; (2)necessary for the enforcement of criminal laws; (3)necessary for the national security of the United States; or (4)issued pursuant to any statute implementing an international trade agreement. (b)

Deregulatory exception

Section 2 shall not apply to a midnight rule that the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certifies in writing is limited to repealing an existing rule. (c)

Notice of exceptions

Not later than 30 days after a determination under subsection (a) or a certification is made under subsection (b), the head of the relevant agency shall publish in the Federal Register any midnight rule excluded from the moratorium period due to an exception under this section.

5.

Definitions

In this Act: (1)

Agency

The term agency has the meaning given that term under section 551 of title 5, United States Code, except that such term does not include— (A)the Federal Election Commission; (B)the Board of Governors of the Federal Reserve System; (C)the Federal Deposit Insurance Corporation; or (D)the United States Postal Service. (2)

Deadline

The term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or rule, or by or under any court order implementing any Federal statute, regulation, or rule. (3)

Moratorium period

The term moratorium period means the day after the day referred to in section 1 of title 3, United States Code, through January 20 of the following year, in which a President is not serving a consecutive term. (4)

Midnight rule

The term midnight rule means an agency statement of general applicability and future effect, issued during the moratorium period, that is intended to have the force and effect of law and is designed— (A)to implement, interpret, or prescribe law or policy; or (B)to describe the procedure or practice requirements of an agency. (5)

Rule

The term rule has the meaning given that term under section 551 of title 5, United States Code.