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HR 34 111th Congress House

Midnight Rule Act

Official title: To delay the implementation of agency rules adopted within the final 90 days of the final term a President serves.

Introduced: January 6, 2009 Introduced by: Nadler, Jerrold Democratic · New York See on congress.gov
Government Operations and Politics Administrative law and regulatory procedures
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This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 6, 2009
Referred to the House Committee on the Judiciary.
Jan 6, 2009
Introduced in House
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 Latest action January 6, 2009

Referred to the House Committee on the Judiciary.

 Plain-English summary Congressional Research Service

Midnight Rule Act - Amends federal civil service law to provide that a midnight rule (i.e., a rule adopted by an agency within the final 90 days a President serves in office) shall not take effect until 90 days after the agency head is appointed by the new President. Makes exceptions if the President serving his final term makes a determination by executive order, and submits written notice to Congress, that the rule should take effect because it is: (1) necessary because of an imminent threat to health or safety or other emergency; (2) necessary for the enforcement of criminal laws; (3) necessary for national security; or (4) issued pursuant to any statute implementing an international trade agreement.

Provides that an exercise by the President of such authority shall have no effect on existing provisions governing congressional disapproval of agency rules.

Authorizes the agency head appointed by the new President to disapprove of a midnight rule (by publishing a statement of disapproval in the Federal Register and sending a notice of disapproval to the congressional committees of jurisdiction) no later than 90 days after being appointed.

Makes this Act applicable to any rule adopted on or after October 22, 2008.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 34: Midnight Rule Act. 111th Congress. Open America. https://openamerica.io/bill/111-HR-34/
MLA
"H.R. 34: Midnight Rule Act." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-34/.
Bluebook (legal)
H.R. 34, 111th Cong. (2026), https://openamerica.io/bill/111-HR-34/.
Markdown link
[H.R. 34: Midnight Rule Act](https://openamerica.io/bill/111-HR-34/)
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