I 112th CONGRESS 1st Session H. R. 3257 IN THE HOUSE OF REPRESENTATIVES October 25, 2011 Mr. Hanna (for himself and Mr. Terry) 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 provide for a time-out on certain regulations, and for other purposes.

1.

Short title

This Act may be cited as the Regulatory Time-Out Act of 2011.

2.

Findings

Congress finds the following: (1)As stated in Executive Order 13563 (76 Fed. Reg. 3821; relating to improving regulation and regulatory review), Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation.. (2)The criteria described in paragraph (1) have not been met. (3)Congress has an obligation to ensure that regulations issued as a delegation of its authority reflect the balance expressed in paragraph (1).

3.

Definitions

In this Act: (1)

Agency

The term agency has the meaning given that term under section 3502(1) of title 44, United States Code. (2)

Time-out period

The term time-out period means the period beginning on the date of the enactment of this Act and ending on January 21, 2013. (3)

Regulations

(A)

Covered regulation

Subject to subparagraph (C), the term covered regulation means a final regulation that— (i)directly or indirectly increases costs on businesses in a manner which will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy; (ii)is likely to— (I)have an annual effect on the economy of $100,000,000 or more; (II)adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (III)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (IV)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (V)raise novel legal or policy issues; and (iii)did not take effect before September 1, 2011. (B)

Proposed regulation

Subject to subparagraph (C), the term proposed regulation means a regulation for which an agency has published a general notice of proposed rulemaking and which is expected to meet the requirements of subparagraph (A) after the final regulation takes effect. (C)

Inapplicability to regulations required by law

This Act does not apply to covered regulations or proposed regulations required by law.

4.

Time-out period for covered regulations

(a)

Prior regulations

A covered regulation that took effect before the date of the enactment of this Act shall be treated, during the time-out period, as though that regulation never took effect. (b)

Prospective regulations

A covered regulation that has not taken effect before the date of the enactment of this Act may not take effect during the time-out period.

5.

Time-out period for proposed regulations

(a)

Prior proposed regulations

A general notice of proposed rulemaking published before the date of the enactment of this Act and with respect to which the period for submission of comments has not expired on such date shall be treated, during the time-out period, as though the notice was never published. (b)

Prospective proposed regulations

A general notice of proposed rulemaking may not be published during the time-out period.

6.

Exemptions

(a)

In general

The head of an agency may exempt a covered regulation prescribed by that agency from the application of section 3, or a proposed regulation issued by that agency from the application of section 4, if the head of the agency— (1)makes a specific finding that the covered regulation or proposed regulation— (A)is necessary due to an imminent threat to human health or safety, or any other emergency; (B)is necessary for the enforcement of a criminal law; (C)has as its principal effect— (i)fostering private sector job creation and the enhancement of the competitiveness of workers in the United States; (ii)encouraging economic growth; or (iii)repealing, narrowing, or streamlining a rule, regulation, or administrative process, or otherwise reducing regulatory burdens; (D)pertains to a military or foreign affairs function of the United States; or (E)is limited to interpreting, implementing, or administering the Internal Revenue Code of 1986; and (2)submits the finding to Congress and publishes the finding in the Federal Register. (b)

Review

Not later than 10 days after the date of the enactment of this Act each agency shall submit any covered regulation or proposed regulation that the head of the agency determines is exempt under this section to the Office of Management and Budget and Congress. (c)

Nondelegable authority

The head of an agency may not delegate the authority provided under this section to exempt the application of any provision of this Act.