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The Midnight Rule Relief Act

OUR POSITION: CSS opposes the bill and urges lawmakers to vote against it.

Capitol hillThe Midnight Rule Relief Act would impose a blanket moratorium on any proposed or final major regulations during the final months of presidential administrations.

This legislation is based on a fundamentally false premise: that regulations proposed or finalized during the so-called “midnight” rulemaking period – the period following the election and before the inauguration of the new president – are rushed and inadequately vetted. In fact, the very opposite is true. Many of these proposed public health and safety protections have been working their way through the regulatory process for years or decades, and some of them predate the current administration. Furthermore, many of these regulations were mandated by Congress and have missed rulemaking deadlines set by Congress.

Making matters worse, this legislation exempts deregulatory measures from the moratorium, a flagrant and unjustifiable double-standard. The practical effect of this exemption is to ensure that the legislation will apply only to administrations that attempt to regulate, while creating a permanent loophole for administrations attempting to deregulate and dismantle existing public protections.



CSS Resources

“Executive Overreach” and “Midnight Regulations” – Debunking the Latest Attacks on Public Protections
Fact Sheet: June 9, 2016

CSS Opposes the Midnight Rule Relief Act of 2016 (H.R. 4612)
Letter to Members: March 1, 2016

CSS Opposes  “The Regulatory Freeze for Jobs Act of 2012″ (H.R. 4078) and “The Midnight Rule Relief Act of 2012”
Letter to Members: April 25, 2012



Resources From Members and Allies

House Attacks Future Health, Environmental Protections
Natural Resources Defense Council: January 5, 2017

Shining a Light on the “Midnight Rule” Boogeyman
Public Citizen: July 18, 2016

Groups Oppose the Midnight Rule Relief Act of 2016 (H.R. 4612)
Public Citizen et. al.: July 6, 2016

Statement of Administration Policy on the Federal Information Systems Safeguards Act (H.R. 4361), Which Includes “Midnight Regulations” Provisions
The White House: July 5, 2016

Midnight Regulations, Shmidnight Shmegulations
Center for Progressive Reform: February 12, 2016



Press Coverage

Beware the Midnight Rule Boogeyman
The Detroit News: August 9, 2016

Groups Agree on Existence, Not Quality, of Midnight Rules
Bloomberg BNA: July 19, 2016

Despite Independent Studies, “Midnight Rules” Debate Continues
Bloomberg BNA: July 19, 2016

Report Counters ‘Midnight Rules’ Accusations
The Hill: July 18, 2016

Obama to Aggressively Pursue 2016 Regulations Agenda
The Hill: June 8, 2016

Regulatory Agenda Offers Glimpse Into Obama Administration Priorities
RegBlog: February 17, 2016

OIRA Wish for 2016: An Orderly Regulatory Process
Bloomberg BNA: February 1, 2016

Agencies Told No Midnight Regulations
Bloomberg BNA: January 25, 2016