[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2582 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2582

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 SENATE OF THE UNITED STATES

                           February 25, 2016

Mrs. Ernst (for herself and Mr. Johnson) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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. 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''--
                    (A) has the meaning given the term in section 551 
                of title 5, United States Code; and
                    (B) does not include--
                            (i) the Federal Election Commission;
                            (ii) the Board of Governors of the Federal 
                        Reserve System;
                            (iii) the Federal Deposit Insurance 
                        Corporation; or
                            (iv) 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--
                    (A) any Federal statute or rule; or
                    (B) 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--
                    (A) is intended to have the force and effect of 
                law; and
                    (B) is designed--
                            (i) to implement, interpret, or prescribe 
                        law or policy; or
                            (ii) to describe the procedure or practice 
                        requirements of an agency.
            (5) Moratorium period.--The term ``moratorium period'' 
        means the period beginning the day after the day referred to in 
        section 1 of title 3, United States Code, and ending on 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 the term 
        in section 551 of title 5, United States Code.
            (7) Small entity.--The term ``small entity'' has the 
        meaning given the term in section 601 of title 5, United States 
        Code.

SEC. 3. MORATORIUM ON MIDNIGHT RULES.

    Except as provided under sections 4 and 5, 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 entities.

SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

    (a) In General.--Section 3 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. 5. EXCEPTIONS.

    (a) Emergency Exception.--Section 3 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 3 shall not apply to a 
midnight rule if the Administrator--
            (1) finds the midnight rule is limited to repealing an 
        existing rule; and
            (2) publishes a certification of that finding in the 
        Federal Register.
                                 <all>