II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Time-Out 

5 Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 that term under section 3502(1) of title 44, United 

3 States Code; and 

4 (2) the term ‘‘covered regulation’’ means a final 

5 regulation that— 

6 (A) directly or indirectly increases costs on 

7 businesses in a manner which will have an ad8 verse effect on job creation, job retention, pro9 ductivity, competitiveness, or the efficient func10 tioning of the economy; 

11 (B) is likely to— 

12 (i) have an annual effect on the econ13 omy of $100,000,000 or more; 

14 (ii) adversely affect in a material way 

15 the economy, a sector of the economy, pro16 ductivity, competition, jobs, the environ17 ment, public health or safety, or State, 

18 local, or tribal governments or commu19 nities; 

20 (iii) create a serious inconsistency or 

21 otherwise interfere with an action taken or 

22 planned by another agency; 

23 (iv) materially alter the budgetary im24 pact of entitlements, grants, user fees, or 


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1 loan programs or the rights and obliga2 tions of recipients thereof; or 

3 (v) raise novel legal or policy issues; 

4 and 

5 (C) did not take effect before September 1, 

6 2011. 

7 SEC. 3. TIME-OUT PERIOD FOR REGULATIONS. 

8 (a) PRIOR REGULATIONS.—A covered regulation that 

9 took effect before the date of enactment of this Act shall 

10 be treated as though that regulation never took effect for 

11 the 1-year period beginning on the date of enactment of 

12 this Act. 

13 (b) PROSPECTIVE REGULATIONS.—A covered regula14 tion that has not taken effect before the date of enactment 

15 of this Act, may not take effect during the 1-year period 

16 beginning on the date of enactment of this Act. 

17 SEC. 4. EXEMPTIONS. 

18 (a) IN GENERAL.—The head of an agency may ex19 empt a covered regulation prescribed by that agency from 

20 the application of section 3, if the head of the agency— 

21 (1) makes a specific finding that the covered 

22 regulation— 

23 (A) is necessary due to an imminent threat 

24 to human health or safety, or any other emer25 gency; 


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1 (B) is necessary for the enforcement of a 

2 criminal law; 

3 (C) has as its principal effect— 

4 (i) fostering private sector job cre5 ation and the enhancement of the competi6 tiveness of workers in the United States; 

7 (ii) encouraging economic growth; or 

8 (iii) repealing, narrowing, or stream9 lining a rule, regulation, or administrative 

10 process, or otherwise reducing regulatory 

11 burdens; 

12 (D) pertains to a military or foreign affairs 

13 function of the United States; or 

14 (E) is limited to interpreting, imple15 menting, or administering the Internal Revenue 

16 Code of 1986; and 

17 (2) submits the finding to Congress and pub18 lishes the finding in the Federal Register. 

19 (b) REVIEW.—Not later than 10 days after the date 

20 of enactment of this Act each agency shall submit any cov21 ered regulation that the head of the agency determines 

22 is exempt under this section to the Office of Management 

23 and Budget and Congress. 

24 (c) NONDELEGABLE AUTHORITY.—The head of an 

25 agency may not delegate the authority provided under this 


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1 section to exempt the application of any provision of this 

2 Act. 

Æ 


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