Aug. 22, 2014 SIGN IN | REGISTER

Panel Endorses Guidelines for 'Midnight Rulemaking'

Susan Dudley, who served in the Bush administration’s Office of Management of Budget and now directs the regulatory studies department at George Washington University, is a staunch critic of midnight rules and voted for the recommendations today.

“I think they are sound and focus appropriately on midnight regulations that are rushed with inadequate analysis and opportunity for public comment without constraining a president’s legitimate authority to implement statutory,” she said in an email to Roll Call.

The new guidelines come as Congressional Republicans and tea party protestors ratchet up their criticism of the administration’s regulatory agenda.

“This is part of a larger problem,” said Max Pappas, vice president of government affairs and public policy at the conservative advocacy group FreedomWorks. “It is attractive for the elected officials to give more power to the unelected officials so they don’t have to be responsible at the ballot box.”

Sen. Ron Johnson (Wis.) and 35 other Republican Senators are pushing a much stronger legislative approach that would prevent outgoing administrations from issuing “significant” rules after the November elections. In the House, 11 Republicans have signed on to a companion measure sponsored by Rep. Reid Ribble (Wis.).

Senate Minority Leader Mitch McConnell (R-Ky.) and Speaker John Boehner (R-Ohio) sent a letter to Obama in April urging him to avoid last-minute regulations.

“The committees of jurisdiction should examine their recommendations,” said Brendan Buck, a spokesman for Boehner. “But given the continued economic challenges our nation now faces, we continue to insist that the president withhold from issuing any such rules after the end of the current fiscal year.”

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