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 con-
cerned 
A BILL 
To provide for a time-out on certain regulations, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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. FINDINGS. 
Congress finds the following: 
(1) As stated in Executive Order 13563 (76 
Fed. Reg. 3821; relating to improving regulation 
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and regulatory review), ‘‘Our regulatory system 
must protect public health, welfare, safety, and our 
environment while promoting economic growth, inno-
vation, competitiveness, and job creation.’’. 
(2) The criteria described in paragraph (1) 
have not been met. 
(3) Congress has an obligation to ensure that 
regulations issued as a delegation of its authority re-
flect the balance expressed in paragraph (1). 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term under section 3502(1) of 
title 44, United States Code. 
(2) TIME-OUT
PERIOD.—The term ‘‘time-out 
period’’ means the period beginning on the date of 
the enactment of this Act and ending on January 
21, 2013. 
(3) REGULATIONS.— 
(A) COVERED
REGULATION.—Subject to 
subparagraph (C), the term ‘‘covered regula-
tion’’ means a final regulation that— 
(i) directly or indirectly increases 
costs on businesses in a manner which will 
have an adverse effect on job creation, job 
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retention, productivity, competitiveness, or 
the efficient functioning of the economy; 
(ii) 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 gov-
ernments or communities; 
(III) create a serious inconsist-
ency or otherwise interfere with an ac-
tion taken or planned by another 
agency; 
(IV) materially alter the budg-
etary 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 
(iii) did not take effect before Sep-
tember 1, 2011. 
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(B) PROPOSED REGULATION.—Subject to 
subparagraph (C), the term ‘‘proposed regula-
tion’’ means a regulation for which an agency 
has published a general notice of proposed rule-
making and which is expected to meet the re-
quirements of subparagraph (A) after the final 
regulation takes effect. 
(C) INAPPLICABILITY
TO
REGULATIONS 
REQUIRED BY LAW.—This Act does not apply 
to covered regulations or proposed regulations 
required by law. 
SEC. 4. TIME-OUT PERIOD FOR COVERED REGULATIONS. 
(a) PRIOR REGULATIONS.—A covered regulation that 
took effect before the date of the enactment of this Act 
shall be treated, during the time-out period, as though 
that regulation never took effect. 
(b) PROSPECTIVE REGULATIONS.—A covered regula-
tion that has not taken effect before the date of the enact-
ment of this Act may not take effect during the time-out 
period. 
SEC. 5. TIME-OUT PERIOD FOR PROPOSED REGULATIONS. 
(a) PRIOR PROPOSED REGULATIONS.—A general no-
tice of proposed rulemaking published before the date of 
the enactment of this Act and with respect to which the 
period for submission of comments has not expired on 
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such date shall be treated, during the time-out period, as 
though the notice was never published. 
(b) PROSPECTIVE
PROPOSED
REGULATIONS.—A 
general notice of proposed rulemaking may not be pub-
lished during the time-out period. 
SEC. 6. EXEMPTIONS. 
(a) IN GENERAL.—The head of an agency may ex-
empt a covered regulation prescribed by that agency from 
the application of section 3, or a proposed regulation 
issued by that agency from the application of section 4, 
if the head of the agency— 
(1) makes a specific finding that the covered 
regulation or proposed regulation— 
(A) is necessary due to an imminent threat 
to human health or safety, or any other emer-
gency; 
(B) is necessary for the enforcement of a 
criminal law; 
(C) has as its principal effect— 
(i) fostering private sector job cre-
ation and the enhancement of the competi-
tiveness of workers in the United States; 
(ii) encouraging economic growth; or 
(iii) repealing, narrowing, or stream-
lining a rule, regulation, or administrative 
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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, imple-
menting, or administering the Internal Revenue 
Code of 1986; and 
(2) submits the finding to Congress and pub-
lishes the finding in the Federal Register. 
(b) REVIEW.—Not later than 10 days after the date 
of the enactment of this Act each agency shall submit any 
covered regulation or proposed 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. 
Æ 
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