1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Responses to Midnight Rulemaking: Legal Issues January 21, 2021 Hours after President Joe Biden took office on January 20, 2021, the White House issued a memorandum directing agencies to take action with
2、respect to regulations that the Trump Administration issued shortly before the transition. It is common for federal agencies to increase rulemaking activity during the final months of a presidential administrationa phenomenon commonly known as “midnight rulemaking.” Since Election Day, November 3, 2
3、020, agencies in the Trump Administration issued final rules governing immigration adjudication proceedings; the construction, operation, and maintenance of gas pipelines; rebates under Medicare Part D; and a host of other subjects. Federal agencies also published a number of proposed rules that hav
4、e not yet been finalized. Since President Reagan took office in 1981, incoming presidential administrations have routinely taken measures to respond to a prior administrations midnight rulemaking activities. This Sidebar explains how the Biden Administration may confront the bevy of rules recently f