Midnight Regulations Review Act

I 116TH CONGRESS 2D SESSION H. R. 8956 To require reports on regulations issued, and homeland security risks arising, during a presidential transition, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 14, 2020 Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, Mr. KRISHNAMOORTHI, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require reports on regulations issued, and homeland secu- rity risks arising, during a presidential transition, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Midnight Regulations 4 Review Act’’. 5 VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8956 IH SEC. 2. REPORT ON REGULATIONS PROMULGATED NEAR 1 THE END OF PRESIDENTIAL TERMS. 2 (a) REPORT.—Not later than one year after the inau- 3 guration of a new President, the Comptroller General of 4 the United States shall submit to Congress a report re- 5 garding covered regulations promulgated during the cov- 6 ered presidential transition period. 7 (b) CONTENTS OF REPORT.—The report required 8 under subsection (a) shall, to the extent feasible, for the 9 covered presidential transition period— 10 (1) compare the number, scope, and impact of, 11 and type of rulemaking procedure used for, covered 12 regulations promulgated during the covered presi- 13 dential transition period to the number, scope, and 14 impact of, and type of rulemaking procedure used 15 for, covered regulations promulgated during the 120- 16 day periods ending on January 20 of each year after 17 1996, other than the 120-day period ending on the 18 date of the inauguration of the new President; 19 (2) determine the statistical significance of any 20 differences identified under paragraph (1) and 21 whether and to what extent such differences indicate 22 any patterns; 23 (3) evaluate the size, scope, and effect of the 24 covered regulations promulgated during the covered 25 presidential transition period; and 26 VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8956 IH (4) assess the extent to which the regularly re- 1 quired processes for the promulgation of covered 2 regulations were followed during the covered presi- 3 dential transition period, including compliance with 4 the requirements under— 5 (A) chapter 8 of title 5, United States 6 Code (commonly known as the ‘‘Congressional 7 Review Act’’); 8 (B) the Small Business Regulatory En- 9 forcement Fairness Act of 1996 (5 U.S.C. 601 10 note); 11 (C) sections 202, 203, 204, and 205 of the 12 Unfunded Mandates Reform Act of 1995 (2 13 U.S.C. 1532–1535); 14 (D) chapter 6 of title 5, United States 15 Code (commonly known as the ‘‘Regulatory 16 Flexibility Act’’); and 17 (E) subchapter I of chapter 35 of title 44, 18 United States Code (commonly known as the 19 ‘‘Paperwork Reduction Act’’). 20 SEC. 3. COMPTROLLER GENERAL REPORT ON MAJOR 21 RULES SUBJECT TO CONGRESSIONAL RE- 22 VIEW. 23 (a) IDENTIFICATION.—Beginning not later than 5 24 weeks after January 20, 2021, or 5 weeks after the date 25 VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8956 IH of the enactment of this Act, whichever is later, and not 1 later than 5 weeks after each date on which a new Presi- 2 dent is inaugurated thereafter, the Comptroller General 3 of the United States shall identify and submit to Congress 4 any major rules potentially subject to a joint resolution 5 of disapproval pursuant to section 802 of title 5, United 6 States Code, which were published in the Federal Register 7 or for which a report was submitted to Congress in accord- 8 ance with section 801(a)(1)(A) of such title, during— 9 (1) the period described in section 801(d) of 10 such title; or 11 (2) the period beginning on the date on which 12 the period described in subparagraph (A) expires 13 and ending on the date on which a new President is 14 inaugurated. 15 (b) RULE OF CONSTRUCTION.—Nothing in this Act 16 may be construed to limit the ability to exercise authority 17 pursuant to chapter 8 of title 5, United States Code (com- 18 monly known as the ‘‘Congressional Review Act’’). 19 SEC. 4. DEFINITIONS. 20 In this Act: 21 (1) COVERED PRESIDENTIAL TRANSITION PE- 22 RIOD.—The term ‘‘covered presidential transition pe- 23 riod’’ means the 120-day period ending on the date 24 of the inauguration of the new President. 25 VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8956 IH (2) COVERED REGULATION.—The term ‘‘cov- 1 ered regulation’’ means a final economically signifi- 2 cant regulatory action promulgated by an agency. 3 (3) EXECUTIVE DEPARTMENT.—The term 4 ‘‘agency’’ has the meaning given that term in section 5 551 of title 5, United States Code. 6 (4) MAJOR RULE.—The term ‘‘major rule’’ has 7 the meaning given such term in section 804 of title 8 5, United States Code. 9 (5) NEW PRESIDENT.—The term ‘‘new Presi- 10 dent’’ means a President who— 11 (A) did not hold the office of the President 12 on the day before the date of the inauguration 13 of such President; and 14 (B) is inaugurated on or before January 15 20, 2033. 16 (6) ECONOMICALLY SIGNIFICANT REGULATORY 17 ACTION.—The term ‘‘economically significant regu- 18 latory action’’ means any regulatory action that is 19 likely to result in a rule that may have an annual 20 effect on the economy of $100,000,000 or more or 21 adversely affect in a material way the economy, a 22 sector of the economy, productivity, competition, 23 VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8956 IH jobs, the environment, public health or safety, or 1 State, local, or Tribal governments or communities. 2 Æ VerDate Sep 11 2014 22:35 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8956.IH H8956 kjohnson on DSK79L0C42PROD with BILLS