On the recordNovember 17, 2016
The Midnight Rules Relief Act leaves to each Congress, making use of its maximum flexibility, to fashion a midnight rule disapproval resolution. No one category of regulation is in; no one category of regulation is out. The question, instead, is: Which are the midnight rules, from whatever category, that fly in the face of the voters' mandate or are otherwise abusive or infirm? No carve-outs of any kind are needed, including for health, safety, and other emergency rules, because nothing is categorically carved in. Indeed, by carving out emergency rules, the amendment would only impede the ability of Congress to both respond swiftly and efficiently to abusive midnight rules and clear the path for the incoming administration to issue appropriate new rules to meet emergencies. I urge all of my colleagues to oppose this amendment, and I reserve the balance of my time.
