Stopping the clock on midnight regulations


Rep. Jerrold Nadler, D-N.Y., has introduced a bill which would freeze the “midnight rulemaking” that takes place at the end of an administration.

The bill, H.R. 7296, would impact any regulation adopted in the final 90 days of a presidency. It would prevent those rules from taking effect until 90 days after the new president appoints a new agency head. So if the incoming president doesn’t like a new rule at, say, the Interior Department, his new Interior secretary could cancel the rule within 90 days of taking office.

It’s an interesting idea, though it seems to us a bit short-sighted:

Right now, there’s a rush to adopt new rules in mid-November. That’s because any rule adopted 60 days before the inauguration will take effect before the new president takes office.

Wouldn’t Nadler’s bill just accelerate that deadline by a month?


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