Regulatory Time-Out Act of 2011 - Suspends the effective date of certain covered regulations for one-year beginning on the enactment of this Act. Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy, and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues.
Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code.
[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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5500-5503)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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