[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4612 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 480
114th CONGRESS
  2d Session
                                H. R. 4612

                      [Report No. 114-618, Part I]

To ensure economic stability, accountability, 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2016

    Mr. Walberg (for himself, Mrs. Lummis, Mr. Smith of Texas, Mr. 
  Farenthold, Mr. Jody B. Hice of Georgia, Ms. Jenkins of Kansas, Mr. 
Mulvaney, Mr. DeSantis, Mr. Gosar, Mr. Ribble, Mrs. Miller of Michigan, 
and Mr. Blum) introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

                             June 10, 2016

 Additional sponsors: Mr. King of Iowa, Mr. Huizenga of Michigan, Mr. 
Duncan of Tennessee, Mr. Walker, Mr. Brat, Mr. LaMalfa, Mr. Cramer, Mr. 
  Palazzo, Ms. McSally, Mr. Grothman, Mr. Rouzer, Mr. Hensarling, Mr. 
 Babin, Mr. Carter of Georgia, Mr. Bishop of Michigan, Mr. Chabot, Mr. 
                        Barletta, and Mr. Mullin

                             June 10, 2016

     Reported from the Committee on Oversight and Government Reform

                             June 10, 2016

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To ensure economic stability, accountability, 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.


 


    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 Relief Act of 2016''.

SEC. 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 unless 
the Administrator finds the midnight rule will not result in any of the 
following:
            (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.
            (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.
            (4) A significant economic impact on a substantial number 
        of small businesses.

SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

    (a) In General.--Section 2 shall not apply with respect to any 
deadline for, relating to, or involving any midnight rule that--
            (1) was established before the beginning of the moratorium 
        period; and
            (2) is required to occur during the moratorium period.
    (b) Publication of Deadlines.--Not later than 30 days after the 
beginning of a moratorium period, the Administrator shall identify and 
publish in the Federal Register a list of deadlines covered by 
subsection (a).

SEC. 4. EXCEPTION.

    (a) Emergency Exception.--Section 2 shall not apply to a midnight 
rule if the President determines by Executive order 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 finds is limited to repealing an 
existing rule and certifies such finding in writing. The certification 
shall be published in the Federal Register.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs within the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term under section 551 of title 5, United States Code, except 
        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.
            (3) 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.
            (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) 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.
            (6) Rule.--The term ``rule'' has the meaning given that 
        term under section 551 of title 5, United States Code.
            (7) Small business.--The term ``small business'' has the 
        meaning given that term under section 601 of title 5, United 
        States Code.
                                                 Union Calendar No. 480

114th CONGRESS

  2d Session

                               H. R. 4612

                      [Report No. 114-618, Part I]

_______________________________________________________________________

                                 A BILL

To ensure economic stability, accountability, 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.

_______________________________________________________________________

                             June 10, 2016

     Reported from the Committee on Oversight and Government Reform

                             June 10, 2016

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed