Midnight Rules

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Committee: 
Midnight Rules in stage 8. Implementation

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
Stage:  
8. Implementation

Contacts

Implementation Contact
202.480.2098
AArdito@acus.gov
Media
braedy@acus.gov

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.  

 

Final Recommendation

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-legislative rules (such as interpretive rules, policy statements, and guidance documents) as compared to other periods.  This spurt in late-term...

Project Documents

Name Committee Type Datesort ascending
Midnight Rules Rulemaking Recommendation June 14, 2012 Download
Proposed Recommendation: Midnight Rules Rulemaking Recommendation June 14, 2012 Download
Redlined Recommendation Containing Amendments and Comments: Midnight Rules Redline Rulemaking Recommendation June 14, 2012 Download
Department of Homeland Security’s Comments (on Midnight Rules, Immigration, and Interagency Coordination): DHS's Comments Regulation Public Comment June 8, 2012 Download
Midnight Rules Redline Showing Proposed Amendments for Consideration at Plenary Rulemaking Recommendation June 8, 2012 Download
Proposed Midnight Rules Recommendation Rulemaking Recommendation May 22, 2012 Download
Midnight Rules Report (Final) Report May 14, 2012 Download
Committee Meeting Webcast Rulemaking Webcast March 21, 2012 Watch Video
Redline of Changes to Draft Recommendation Rulemaking Recommendation March 13, 2012 Download
Redline of Changes to Draft Report Rulemaking Recommendation March 13, 2012 Download
Revised Draft Midnight Rules Recommendation Rulemaking Recommendation March 13, 2012 Download
Revised Draft Midnight Rules Report Rulemaking Report March 13, 2012 Download
Committee Meeting Webcast Rulemaking Webcast February 23, 2012 Watch Video
Committee on Rulemaking Meeting Minutes Rulemaking Meeting Minutes February 23, 2012 Download
Draft Midnight Rules Recommendation Rulemaking Recommendation February 17, 2012 Download
First Draft Midnight Rules Report Rulemaking Report February 8, 2012 Download
Draft Midnight Rules Report Appendix Rulemaking Appendix February 8, 2012 Download
Committee on Rulemaking Meeting Minutes Rulemaking Meeting Minutes November 14, 2011 Download
Regulatory Checkbook Comments on Midnight Rules Outline Rulemaking Public Comment November 10, 2011 Download
Midnight Rules Project Outline Rulemaking Outline November 1, 2011 Download
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