Ernst introduces bill aiming to curb lame duck regulations imposed by outgoing presidents

U.S. Sen. Joni Ernst (R-IA) introduced a bill on Thursday that would prevent outgoing presidents from imposing some “lame duck” regulations.

U.S. Sen. Ron Johnson (R-WI) joined Ernst in introducing the Midnight Rule Relief Act. The bill aims to curb an increase in the number of new regulations by outgoing presidential administrations like the ones seen in both 2000 and 2008.

The number of “midnight regulations” doubled in 2000 and 2008 compared to non-midnight regulation averages in those years, according to the American Action Forum and the Mercatus Center.

“Effective oversight and quality analysis of Washington’s burdensome regulations is essential at all times; and careful review during the final days of a president’s term should not be any different,” Ernst said. “Our legislation would prevent hasty – and at times, politically motivated – analyses, which could ultimately lead to poor oversight and increased public costs for job creators and taxpayers. Ultimately, this bill improves transparency and accountability in our federal government to ensure the American people have a voice in how regulations with a $100 million or more price tag impact our economy and livelihood.”

Under the bill, there would be a moratorium on regulations that cost the economy at least $100 million a year. The moratorium would extend from the day after a presidential election to inauguration day.

U.S. Rep. Tim Walberg (R-MI) introduced companion legislation in the House of Representatives.

“Given the Obama administration’s tendency to over regulate and overreach, the American people can expect to see a surge of last minute regulations in the President’s waning days in office,” Walberg said. “This bill will hold outgoing administrations in check and ensure small businesses in Michigan and across the country aren’t faced with a new onslaught of excessive regulations that stifle wages, job creation and economic growth. It’s time to say goodnight to midnight regulations — from both parties.”

Under the bill, exceptions to the moratorium on regulations would be granted for imminent health and safety threats, enforcement of criminal laws and national security.

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