Government officials tired of staying up to watch midnight regulations

by Christina Lovato, University of New Mexico-Talk Radio News Service

“The problem of midnight rules is not a new one, but the practice is prone to abuse and undercuts our democratic process.” said Congressman Jerrold Nadler (D-N.Y.)

At a House Judiciary Committee hearing today titled ” Midnight Rulemaking: Shedding Some Light” Congressman Nadler expressed why he reintroduced the Midnight Rule Act, H.R. 34. “It would allow incoming Agency heads to prevent rules adopted within the last three months of the previous Administration from going into effect. ” he said. Congressman Nadler stated “These midnight rules adopted by the Bush Administration will, among other things, curtail access to family planning services, and even to information about reproductive health options… These midnight rules allow the Administration to extend its policies well into the new Administration despite the fact that the voters have voted to move in a new direction.” Congressman Nadler also said that the Midnight Rule Act would give the new Administration the opportunity to examine and review the last minute handiwork of its predecessor.

Gary Bass, executive director of Office of Management and Budget (OMB) Watch, a nonprofit government watchdog organization said that all of these regulations have huge impact on the public. “All these rules were just horrible… This is the kind of thing that has to change in our government… This is what Congress and the Obama Administration are left to deal with.” he said.

Congressman Trent Franks (R-Ariz.) said “Let’s not spend our time bashing the Bush Administration for doing less of what all recent administrations have done. Presidents are elected for four years, and unless we are to craft a prohibition on all regulatory activity during a second term, we should use this hearing as an opportunity to begin to build upon the improvements of previous administrations… Because midnight regulations are just one symptom of a dysfunctional and outdated administrative law system, governed by the 62-year-old Administrative Procedure Act.”