```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3181 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3181

   To establish a moratorium on regulatory rulemaking actions and to 
 repeal all rules that became effective after October 1, 1991, and are 
 in effect as of the date of the enactment of this Act, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2011

 Mr. Young of Alaska 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 to 
 repeal all rules that became effective after October 1, 1991, and are 
 in effect as of the date of the enactment of this Act, 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 ``Stop the Regulation Invasion Please 
Act of 2011'' or ``STRIP Act of 2011''.

SEC. 2. MORATORIUM ON REGULATIONS.

    Except as provided in section 3, a Federal agency may not take any 
regulatory rulemaking action until the end of the moratorium period.

SEC. 3. EMERGENCY EXCEPTIONS; EXCLUSIONS.

    (a) Emergency Exception.--Section 2 shall not apply to a regulatory 
rulemaking action, and section 5(d) shall not apply to a rule, 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 or rule 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 shall not apply to a 
regulatory rulemaking action, and section 5(d) shall not apply to a 
rule, 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 or rules 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. 4. REVIEW OF RULES.

    (a) Review and Report Required.--Not later than 90 days 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 became effective 
        after October 1, 1991, and is in effect 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) A recommendation whether each rule should continue and, 
        where applicable, recommendations for reform of a rule.
            (3) The total number of minor and major rules that became 
        effective after October 1, 1991, and are in effect 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. 5. SUNSET PREVENTION PROCEEDINGS.

    (a) Designation of Federal Agency Regulatory Review Officer.--The 
head of each Federal agency shall designate an officer of the agency as 
the ``Regulatory Review Officer'' who shall be responsible for 
testifying before a committee of the House of Representatives or the 
Senate with regard to a request to prevent the repeal of a rule under 
subsection (c).
    (b) Request for Committee Hearing.--The Regulatory Review Officer 
may submit a request for a hearing, with regard to a rule reviewed 
under section 4, to the relevant committee of jurisdiction in the House 
of Representatives and the Senate 60 days after the report is submitted 
pursuant to section 4(a)(2).
    (c) Request To Prevent Repeal of a Rule.--During a hearing 
described in subsection (b), the Regulatory Review Officer may request 
that a rule not be repealed. Such request shall include a description 
of the report submitted pursuant to section 4(a)(2), with respect to 
such rule.
    (d) Repeal of Rules.--Except as provided in section 3, one year 
after the date of the enactment of this Act, all rules shall be 
repealed, unless otherwise specifically authorized by law and enacted 
after the date of the enactment of this Act.

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 on the day 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 4; 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 (meaning, Federal agencies 
                        could reduce or eliminate regulations on their 
                        own, during the moratorium);
                            (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 therefore, 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.
                                 <all>
```