Midnight Rules

Recommendation 2012-2 – Midnight Rules addresses several issues raised by the publication of rules in the final months of a presidential administration and offers proposals for limiting the practice by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.  

Citation: Admin. Conf. of the U.S., Recommendation 2012-2, Midnight Rules, 77 Fed. Reg. 47802 (Aug. 10, 2012).

Featured Documents:

Final Recommendation:

Midnight Rules

Recommendation number
2012-2
Adoption Date
Committees

There has been a documented increase in the volume of regulatory activity during the last months of presidential terms.[1] This includes an increase in the number of legislative rules (normally issued under the Administrative Procedure Act’s (APA) notice and comment procedures)[2] and non-legis

Project Documents

Name Committee Type Date File
Committee Meeting Webcast Rulemaking Webcast
Committee Meeting Webcast Rulemaking Webcast
Draft Midnight Rules Recommendation Rulemaking Recommendation Download
Midnight Rules Rulemaking Recommendation Download
Proposed Recommendation: Midnight Rules Rulemaking Recommendation Download
Redlined Recommendation Containing Amendments and Comments: Midnight Rules Redline Rulemaking Recommendation Download
Midnight Rules Redline Showing Proposed Amendments for Consideration at Plenary Rulemaking Recommendation Download
Proposed Midnight Rules Recommendation Rulemaking Recommendation Download
Redline of Changes to Draft Recommendation Rulemaking Recommendation Download
Redline of Changes to Draft Report Rulemaking Recommendation Download
Revised Draft Midnight Rules Recommendation Rulemaking Recommendation Download
First Draft Midnight Rules Report Rulemaking Report Download
Midnight Rules Final Report Rulemaking Report Download
Revised Draft Midnight Rules Report Rulemaking Report Download
Committee on Rulemaking Meeting Minutes Rulemaking Meeting Minutes Download
Committee on Rulemaking Meeting Minutes Rulemaking Meeting Minutes Download
Regulatory Checkbook Comments on Midnight Rules Outline Rulemaking Public Comment Download
Department of Homeland Security’s Comments (on Midnight Rules, Immigration, and Interagency Coordination): DHS's Comments Regulation Public Comment Download
Midnight Rules Project Outline Rulemaking Outline Download
Draft Midnight Rules Report Appendix Rulemaking Appendix Download

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