On the recordNovember 17, 2016
Mr. Chairman, I yield myself such time as I may consume. As the Obama administration comes to a close, Americans' freedom and prosperity is once again threatened by one of the most abusive features of modern bureaucracy: midnight regulation. Midnight regulation is one of the most vexing problems in Washington's overreaching regulatory system. Administration after administration, there is a spike in rulemaking activity during the last year of a President's term--particularly between election day and Inauguration Day, but even in the months before then. These successive waves of midnight regulation present deeply troubling issues. First and foremost, because outgoing administrations are no longer accountable to the voters, they are much more prone to issue midnight regulations that fly in the face of the electoral mandate the voters just gave the new, incoming administration. Waves of midnight rules can also be very hard for Congress or a new administration to check adequately. As a new Congress and President begin their terms, both, understandably, must be focused on implementing the new priorities within the mandates the voters have given them. That doesn't always leave time to focus on cleaning up all of the last acts of the departing administration. In addition, the Congressional Review Act currently allows Congress to disapprove of regulations--including midnight regulations--only one at a time.…





