I 

112TH CONGRESS 

1ST SESSION H. R. 3257 

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

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 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. FINDINGS. 

7 Congress finds the following: 

8 (1) As stated in Executive Order 13563 (76 

9 Fed. Reg. 3821; relating to improving regulation 


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1 and regulatory review), ‘‘Our regulatory system 

2 must protect public health, welfare, safety, and our 

3 environment while promoting economic growth, inno4 vation, competitiveness, and job creation.’’. 

5 (2) The criteria described in paragraph (1) 

6 have not been met. 

7 (3) Congress has an obligation to ensure that 

8 regulations issued as a delegation of its authority re9 flect the balance expressed in paragraph (1). 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) AGENCY.—The term ‘‘agency’’ has the 

13 meaning given that term under section 3502(1) of 

14 title 44, United States Code. 

15 (2) TIME-OUT PERIOD.—The term ‘‘time-out 

16 period’’ means the period beginning on the date of 

17 the enactment of this Act and ending on January 

18 21, 2013. 

19 (3) REGULATIONS.— 

20 (A) COVERED REGULATION.—Subject to 

21 subparagraph (C), the term ‘‘covered regula22 tion’’ means a final regulation that— 

23 (i) directly or indirectly increases 

24 costs on businesses in a manner which will 

25 have an adverse effect on job creation, job 


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1 retention, productivity, competitiveness, or 

2 the efficient functioning of the economy; 

3 (ii) is likely to— 

4 (I) have an annual effect on the 

5 economy of $100,000,000 or more; 

6 (II) adversely affect in a material 

7 way the economy, a sector of the 

8 economy, productivity, competition, 

9 jobs, the environment, public health or 

10 safety, or State, local, or tribal gov11 ernments or communities; 

12 (III) create a serious inconsist13 ency or otherwise interfere with an ac14 tion taken or planned by another 

15 agency; 

16 (IV) materially alter the budg17 etary impact of entitlements, grants, 

18 user fees, or loan programs or the 

19 rights and obligations of recipients 

20 thereof; or 

21 (V) raise novel legal or policy 

22 issues; and 

23 (iii) did not take effect before Sep24 tember 1, 2011. 


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1 (B) PROPOSED REGULATION.—Subject to 

2 subparagraph (C), the term ‘‘proposed regula3 tion’’ means a regulation for which an agency 

4 has published a general notice of proposed rule5 making and which is expected to meet the re6 quirements of subparagraph (A) after the final 

7 regulation takes effect. 

8 (C) INAPPLICABILITY TO REGULATIONS

9 REQUIRED BY LAW.—This Act does not apply 

10 to covered regulations or proposed regulations 

11 required by law. 

12 SEC. 4. TIME-OUT PERIOD FOR COVERED REGULATIONS. 

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

14 took effect before the date of the enactment of this Act 

15 shall be treated, during the time-out period, as though 

16 that regulation never took effect. 

17 (b) PROSPECTIVE REGULATIONS.—A covered regula18 tion that has not taken effect before the date of the enact19 ment of this Act may not take effect during the time-out 

20 period. 

21 SEC. 5. TIME-OUT PERIOD FOR PROPOSED REGULATIONS. 

22 (a) PRIOR PROPOSED REGULATIONS.—A general no23 tice of proposed rulemaking published before the date of 

24 the enactment of this Act and with respect to which the 

25 period for submission of comments has not expired on 


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1 such date shall be treated, during the time-out period, as 

2 though the notice was never published. 

3 (b) PROSPECTIVE PROPOSED REGULATIONS.—A 

4 general notice of proposed rulemaking may not be pub5 lished during the time-out period. 

6 SEC. 6. EXEMPTIONS. 

7 (a) IN GENERAL.—The head of an agency may ex8 empt a covered regulation prescribed by that agency from 

9 the application of section 3, or a proposed regulation 

10 issued by that agency from the application of section 4, 

11 if the head of the agency— 

12 (1) makes a specific finding that the covered 

13 regulation or proposed regulation— 

14 (A) is necessary due to an imminent threat 

15 to human health or safety, or any other emer16 gency; 

17 (B) is necessary for the enforcement of a 

18 criminal law; 

19 (C) has as its principal effect— 

20 (i) fostering private sector job cre21 ation and the enhancement of the competi22 tiveness of workers in the United States; 

23 (ii) encouraging economic growth; or 

24 (iii) repealing, narrowing, or stream25 lining a rule, regulation, or administrative 


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1 process, or otherwise reducing regulatory 

2 burdens; 

3 (D) pertains to a military or foreign affairs 

4 function of the United States; or 

5 (E) is limited to interpreting, imple6 menting, or administering the Internal Revenue 

7 Code of 1986; and 

8 (2) submits the finding to Congress and pub9 lishes the finding in the Federal Register. 

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

11 of the enactment of this Act each agency shall submit any 

12 covered regulation or proposed regulation that the head 

13 of the agency determines is exempt under this section to 

14 the Office of Management and Budget and Congress. 

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

16 agency may not delegate the authority provided under this 

17 section to exempt the application of any provision of this 

18 Act. 

Æ 


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