I 112th CONGRESS 1st Session H. R. 1281 IN THE HOUSE OF REPRESENTATIVES March 31, 2011 Mr. Ribble (for himself, Mr. Stutzman, Mr. Kingston, Mr. Benishek, Mr. DesJarlais, Mr. Mulvaney, Mr. Flores, Mr. Gibbs, Mr. Fincher, Mr. Duncan of South Carolina, Mr. Nugent, and Mr. Rigell) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure economy and efficiency of Federal Government operations by establishing a moratorium on rulemaking actions, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Economic Certainty Act of 2011.

2.

Moratorium on regulations and rules

Until the end of the moratorium period, a Federal agency may not take any rulemaking action unless an exception is provided under section 5.

3.

Requirements relating to economic impact statements

(a)

Economic impact statements on pending rulemaking actions

Not later than 30 days after the date of the enactment of this Act, each Federal agency shall begin to prepare an economic impact statement on each rulemaking action of the agency that was proposed but not promulgated before the start of the moratorium period. Not later than 12 months after the start of the moratorium period, each Federal agency shall submit to the appropriate Congressional committees the economic impact statements relating to all such pending rulemaking actions of the agency. (b)

Economic impact statements on rulemaking actions following moratorium

After the moratorium period, any rulemaking action shall include an economic impact statement. (c)

Definition

In this Act, the term economic impact statement means a statement from a Federal agency, certified by the Director of the Office of Management and Budget, that contains a detailed estimate of the total annual costs and benefits of a regulation or rule, including the anticipated net impact of the regulation or rule on employment.

4.

Special rule on statutory, regulatory, and judicial deadlines

(a)

In general

Any deadline for, relating to, or involving any action dependent upon, any rulemaking actions authorized or required to be taken before the end of the moratorium period is extended for 5 months or until the end of the moratorium period, whichever is later. (b)

Deadline defined

The term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation or rule, or by or under any court order implementing any Federal statute or regulation or rule. (c)

Identification of postponed deadlines

Not later than 30 days after the date of the enactment of this Act, the President shall identify and publish in the Federal Register a list of deadlines covered by subsection (a).

5.

Emergency exceptions; exclusions

(a)

Emergency exception

Section 3(a) or 4(a), or both, shall not apply to a rulemaking action if— (1)the head of a Federal agency otherwise authorized to take the action submits a written request to the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget and submits a copy thereof to the appropriate committees of each House of the Congress; (2)the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget finds in writing that a waiver for the action is (A) necessary because of an imminent threat to health or safety or other emergency, or (B) necessary for the enforcement of criminal laws; and (3)the Federal agency head publishes the finding and waiver in the Federal Register. (b)

Exclusions

The head of an agency shall publish in the Federal Register any action excluded because of a certification under section 6(3)(B). (c)

Civil rights exception

Section 3(a) or 4(a), or both, shall not apply to a rulemaking action to establish or enforce any statutory rights against discrimination on the basis of age, race, religion, gender, national origin, or handicapped or disability status except such rulemaking actions that establish, lead to, or otherwise rely on the use of a quota or preference based on age, race, religion, gender, national origin, or handicapped or disability status.

6.

Definitions

In this Act: (1)

Federal agency

The term Federal agency means any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include— (A)the General Accounting Office; (B)the Federal Election Commission; (C)the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; (D)Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (E)the Board of Governors of the Federal Reserve System; or (F)the Federal Deposit Insurance Corporation. (2)

Moratorium period

The term moratorium period means the two-year period beginning on the date occurring 30 days after the date of the enactment of this Act. (3)

Regulation or rule

(A)

In general

Except as provided in subparagraph (B), the term regulation or rule means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. (B)

Exceptions

The term regulation or rule does not include any of the following: (i)Regulations or rules that pertain to a military or foreign affairs function of the United States other than procurement regulations and regulations involving the import or export of non-defense articles and services. (ii)Regulations or rules that are limited to agency organization, management, or personnel matters. (iii)Regulations or rules that the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certifies in writing are limited to repealing an existing regulation or rule. (iv)Regulations or rules that pertain to aviation safety. (v)Regulations or rules that grant an application for licenses, registrations, or similar authorities; grant or recognize exemptions; grant a variance or petition for relief from a regulatory requirement or other action relieving a restriction; or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. (4)

Rulemaking action

The term rulemaking action means the formulation, amendment, or repeal of a regulation or rule by a Federal agency. (5)

License

The term license means the whole or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission. (6)

Imminent threat to health or safety

The term imminent threat to health or safety means the existence of any condition, circumstance, or practice reasonably expected to cause death, serious illness, or severe injury to humans, or substantial endangerment to private property during the moratorium period.

7.

Limitation on civil actions

No private right of action may be brought against any Federal agency for a violation of this Act. This prohibition shall not affect any private right of action or remedy otherwise available under any other law.