[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 213 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 213

  To establish a moratorium on regulatory rulemaking actions, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2011

   Mr. Young of Alaska (for himself, Mrs. Myrick, and Mr. Burton of 
   Indiana) 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 establish a moratorium on regulatory rulemaking actions, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulation Audit Revive Economy Act 
of 2011'' or the ``RARE Act of 2011''.

SEC. 2. MORATORIUM ON REGULATIONS.

    Until the end of the moratorium period, a Federal agency may not 
take any regulatory rulemaking action, unless an exception is provided 
under section 4.

SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.

    (a) In General.--Any deadline for, relating to, or involving any 
action dependent upon any regulatory 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 by or under any court 
order implementing any Federal statute or regulation.
    (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).

SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS.

    (a) Emergency Exception.--Section 2 or 3(a), or both, shall not 
apply to a regulatory 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 of such 
        request to 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 head of the Federal agency 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(4)(B).
    (c) Civil Rights Exception.--Section 2 or 3(a), or both, shall not 
apply to a regulatory 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.

SEC. 5. REVIEW OF RULES.

    (a) Review and Report Required.--In accordance with this section 
and as soon as practicable after the date of the enactment of this Act, 
the Director of the Office of Management and Budget shall--
            (1) conduct a review of each rule that is being enforced as 
        of the date of the enactment of this Act; and
            (2) submit to Congress and make available to the public a 
        report on such review.
    (b) Matters Covered.--The report under subsection (a) shall include 
the following:
            (1) An estimate of the total annual costs and benefits 
        (including quantifiable and nonquantifiable effects) of each 
        rule covered by the review, to the extent feasible.
            (2) Where applicable, recommendations for reform of an 
        existing major rule.
            (3) The total number of minor and major rules that are 
        being enforced as of the date of the enactment of this Act.
    (c) Uniform Standard.--The Director of Office of Management and 
Budget shall apply a uniform standard for figures and cost summaries in 
the report required under subsection (a).

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Federal agency.--The term ``Federal agency'' means any 
        agency as that term is defined in section 551(1) of title 5, 
        United States Code.
            (2) Major rule.--The term ``major rule'' has the meaning 
        given that term in section 804 of title 5, United States Code.
            (3) Moratorium period.--The term ``moratorium period'' 
        means the period of time--
                    (A) beginning 30 days after the date of the 
                enactment of this Act; and
                    (B) ending on the later of--
                            (i) 14 days after the day on which the 
                        Director of the Office of Management and Budget 
                        publishes the report pursuant to section 5; or
                            (ii) two years after the date of the 
                        enactment of this Act.
            (4) Regulatory rulemaking action.--
                    (A) In general.--The term ``regulatory rulemaking 
                action'' means any rulemaking on any rule normally 
                published in the Federal Register, including--
                            (i) the issuance of any substantive rule, 
                        interpretative rule, statement of agency 
                        policy, notice of inquiry, advance notice of 
                        proposed rulemaking, or notice of proposed 
                        rulemaking, and
                            (ii) any other action taken in the course 
                        of the process of rulemaking (except a cost 
                        benefit analysis or risk assessment, or both).
                    (B) Exclusions.--The term ``regulatory rulemaking 
                action'' does not include--
                            (i) any agency action that the head of the 
                        agency and the Administrator of the Office of 
                        Information and Regulatory Affairs within the 
                        Office of Management and Budget certify in 
                        writing is limited to repealing, narrowing, or 
                        streamlining a rule, regulation, or 
                        administrative process or otherwise reducing 
                        regulatory burdens;
                            (ii) any agency action that the head of the 
                        agency and the Administrator of the Office of 
                        Information and Regulatory Affairs within the 
                        Office of Management and Budget certify in 
                        writing is limited to matters relating to 
                        military or foreign affairs functions, statutes 
                        implementing international trade agreements, 
                        including all agency actions required by the 
                        Uruguay Round Agreements Act, or agency 
                        management, personnel, or public property, 
                        loans, grants, benefits, or contracts;
                            (iii) any agency action that the head of 
                        the agency and the Administrator of the Office 
                        of Information and Regulatory Affairs within 
                        the Office of Management and Budget certify in 
                        writing is limited to a routine administrative 
                        function of the agency;
                            (iv) any agency action that--
                                    (I) is taken by an agency that 
                                supervises and regulates insured 
                                depository institutions, affiliates of 
                                such institutions, credit unions, or 
                                government sponsored housing 
                                enterprises; and
                                    (II) the head of the agency 
                                certifies would meet the standards for 
                                an exception or exclusion described in 
                                this Act; or
                            (v) any agency action that the head of the 
                        agency certifies is limited to interpreting, 
                        implementing, or administering the internal 
                        revenue laws of the United States.
            (5) Rule.--The term ``rule''--
                    (A) means the whole or a part of an agency 
                statement of general or particular applicability and 
                future effect designed to implement, interpret, or 
                prescribe law or policy; and
                    (B) does not include--
                            (i) the approval or prescription, on a 
                        case-by-case or consolidated case basis, for 
                        the future of rates, wages, corporation, or 
                        financial structures or reorganizations 
                        thereof, prices, facilities, appliances, 
                        services or allowances therefor, or of 
                        valuations, costs, or accounting, or practices 
                        bearing on any of the foregoing;
                            (ii) any action taken in connection with 
                        the safety of aviation;
                            (iii) any action taken in connection with 
                        the implementation of monetary policy or to 
                        ensure the safety and soundness of federally 
                        insured depository institutions, any affiliate 
                        of such an institution, credit unions, or 
                        government sponsored housing enterprises or to 
                        protect the Federal deposit insurance funds;
                            (iv) the granting an application for a 
                        license, registration, or similar authority, 
                        granting or recognizing an exemption, granting 
                        a variance or petition for relief from a 
                        regulatory requirement, or other action 
                        relieving a restriction (including any agency 
                        which establishes, modifies, or conducts a 
                        regulatory program for a recreational or 
                        subsistence activity, including hunting, 
                        fishing, and camping, if a Federal law 
                        prohibits the recreational or subsistence 
                        activity in the absence of the agency action); 
                        or
                            (v) taking any action necessary to permit 
                        new or improved applications of technology or 
                        allow the manufacture, distribution, sale, or 
                        use of a substance or product.
            (6) Rulemaking.--The term ``rulemaking'' means agency 
        process for formulating, amending, or repealing a rule.
            (7) 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.
            (8) 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.

SEC. 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.
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