,,ii  #aadth ,,congress  #b;d ,session  
,s4 #behb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #be1 
#bjaf,mrs4 ,ernst 7for herself and ,mr4 
,johnson7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,homeland ,security   
and ,governmental ,affairs  ,a ,,bill   
,to ensure economic stability1          
accountability1 and efficiency of       
,federal ,government operations by      
establishing a moratorium on midnight   
rules during a ,president's final days  
in office1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,midnight ,rule ,relief ,act of     
#bjaf4  #b4 ,definitions ,in this ,act3 
7#a7 ,administrator ,the term           
,administrator means the ,administrator 
of the ,office of ,information and      
,regulatory ,affairs within the ,office 
of ,management and ,budget4  7#b7       
,agency ,the term agency-- 7,a7 has the 
meaning given the term in section #eea  
of title #e1 ,united ,states ,code2 and 

7,b7 does not include-- 7i7 the ,federal
 ,election ,commission2  7ii7 the ,board
 of ,governors of the ,federal ,reserve 
,system2  7iii7 the ,federal ,deposit   
,insurance ,corporation2 or  7iv7 the   
,united ,states ,postal ,service4  7#c7 
,deadline ,the term deadline means any  
date certain for fulfilling any         
obligation or exercising any authority  
established by or under--  7,a7 any     
,federal statute or rule2 or  7,b7 any  
court order implementing any ,federal   
statute1 regulation1 or rule4  7#d7     
,midnight rule ,the term midnight rule  
means an agency statement of general    
applicability and future effect1 issued 
during the moratorium period1 that--    
7,a7 is intended to have the force and  
effect of law2 and  7,b7 is designed--  
7i7 to implement1 interpret1 or         
prescribe law or policy2 or  7ii7 to    
describe the procedure or practice      
requirements of an agency4  7#e7        
,moratorium period ,the term moratorium 
period means the period beginning the   

day after the day referred to in section
 #a of title #c1 ,united ,states ,code1 
and ending on ,january #bj of the       
following year1 in which a ,president is
 not serving a consecutive term4  7#f7  
,rule ,the term rule has the meaning    
given the term in section #eea of title 
#e1 ,united ,states ,code4  7#g7 ,small 
entity ,the term small entity has the   
meaning given the term in section #fja  
of title #e1 ,united ,states ,code4  #c4
 ,moratorium on midnight rules ,except  
as provided under sections #d and #e1   
during the moratorium period1 an agency 
may not propose or finalize any midnight
 rule unless the ,administrator finds   
the midnight rule will not result in any
 of the following3  7#a7 ,an annual     
effect on the economy of #ajj1jjj1jjj or
 more4  7#b7 ,a major increase in costs 
or prices for consumers1 individual     
industries1 ,federal1 ,state1 or local  
government agencies1 or geographic      
regions4  7#c7 ,significant adverse     
effects on competition1 employment1     

investment1 productivity1 innovation1 or
 on the ability of ,united ,states-based
 enterprises to compete with            
foreign-based enterprises in domestic   
and export markets4  7#d7 ,a significant
 economic impact on a substantial number
 of small entities4  #d4 ,special rule  
on statutory1 regulatory1 and judicial  
deadlines  7a7 ,in general ,section #c  
shall not apply with respect to any     
deadline for1 relating to1 or involving 
any midnight rule that--  7#a7 was      
established before the beginning of the 
moratorium period2 and  7#b7 is required
 to occur during the moratorium period4 
7b7 ,publication of deadlines ,not later
 than #cj days after the beginning of a 
moratorium period1 the ,administrator   
shall identify and publish in the       
,federal ,register a list of deadlines  
covered by subsection 7a74  #e4         
,exceptions  7a7 ,emergency exception   
,section #c shall not apply to a        
midnight rule if the ,president         
determines by ,executive order that the 

midnight rule is--  7#a7 necessary      
because of an imminent threat to health 
or safety or other emergency2  7#b7     
necessary for the enforcement of        
criminal laws2  7#c7 necessary for the  
national security of the ,united        
,states2 or  7#d7 issued pursuant to any
 statute implementing an international  
trade agreement4  7b7 ,deregulatory     
exception ,section #c shall not apply to
 a midnight rule if the ,administrator--
 7#a7 finds the midnight rule is limited
 to repealing an existing rule2 and     
7#b7 publishes a certification of that  
finding in the ,federal ,register4