H.R. 34 (111th): Midnight Rule Act

Introduced:
Jan 06, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Jerrold Nadler [D-NY8]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on January 6, 2009, in a previous session of Congress, but was not enacted.

Progress
Introduced Jan 06, 2009
Cosponsors
3 cosponsors (3D) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To delay the implementation of agency rules adopted within the final 90 days of the final term a President serves.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jan 06, 2009.
3 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

1/6/2009--Introduced.
Midnight Rule Act - Amends federal civil service law to provide that a midnight rule (i.e., a rule adopted by an agency within the final 90 days a President serves in office) shall not take effect until 90 days after the agency head is appointed by the new President. Makes exceptions if the President serving his final term makes a determination by executive order, and submits written notice to Congress, that the rule should take effect because it 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 national security; or (4) issued pursuant to any statute implementing an international trade agreement.
Provides that an exercise by the President of such authority shall have no effect on existing provisions governing congressional disapproval of agency rules.
Authorizes the agency head appointed by the new President to disapprove of 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) no later than 90 days after being appointed.
Makes this Act applicable to any rule adopted on or after October 22, 2008.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Other Citations

  • 5 U.S.C. Chapter 5