[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1538 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1538

    To provide for a time-out on certain regulations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2011

 Ms. Collins (for herself, Mr. Alexander, Mr. Barrasso, Mr. Blunt, Mr. 
Boozman, Mr. Chambliss, Mr. Coats, Mr. Coburn, Mr. Cornyn, Mr. Hoeven, 
 Mrs. Hutchison, Mr. Isakson, Mr. Kyl, Mr. Moran, Mr. Thune, Mr. Kirk, 
 and Mr. Roberts) introduced the following bill; which was read twice 
  and referred to the Committee on Homeland Security and Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide for a time-out on certain regulations, 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 ``Regulatory Time-Out Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' has the meaning given that term 
        under section 3502(1) of title 44, United States Code; and
            (2) the term ``covered regulation'' means a final 
        regulation that--
                    (A) 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;
                    (B) 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
                    (C) did not take effect before September 1, 2011.

SEC. 3. TIME-OUT PERIOD FOR REGULATIONS.

    (a) Prior Regulations.--A covered regulation that took effect 
before the date of enactment of this Act shall be treated as though 
that regulation never took effect for the 1-year period beginning on 
the date of enactment of this Act.
    (b) Prospective Regulations.--A covered regulation that has not 
taken effect before the date of enactment of this Act, may not take 
effect during the 1-year period beginning on the date of enactment of 
this Act.

SEC. 4. EXEMPTIONS.

    (a) In General.--The head of an agency may exempt a covered 
regulation prescribed by that agency from the application of section 3, 
if the head of the agency--
            (1) makes a specific finding that the covered 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 enactment of 
this Act each agency shall submit any covered 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.
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