There has been a documented increase in the volume of regulatory activity during the last months of presidential terms. This includes an increase in the number of legislative rules (normally issued under the Administrative Procedure Act’s (APA) notice and comment procedures) and non-legislative rules (such as interpretive rules, policy statements, and guidance documents) as compared to other periods. This spurt in late-term...
Project Stages:1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
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.