Restoring Economic Certainty Act of 2011 - Prohibits federal agencies from taking any rulemaking action during the two-year period beginning 30 days after enactment of this Act. Extends any deadline for any action authorized or required to be taken before the end of such moratorium period for five months or until the end of the period, whichever is later. Specifies exceptions, including for actions that: (1) are determined to be necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination; or (2) pertain to a military or foreign affairs function other than procurement or to aviation safety.
Requires each federal agency to submit an economic impact statement, which shall contain a detailed estimate of the total annual costs and benefits of a regulation or rule, including the anticipated net impact on employment, on each rulemaking action that was proposed but not promulgated before the start of such moratorium. Requires any rulemaking action after the moratorium ends to include such a statement.
Exempts: (1) the General Accounting Office (GAO); (2) the Federal Election Commission (FEC); (3) the governments of the District of Columbia and of U.S. territories and possessions; (4) government-owned contractor-operated facilities; (5) the Board of Governors of the Federal Reserve System; and (6) the Federal Deposit Insurance Corporation (FDIC).
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1281 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1281
To ensure economy and efficiency of Federal Government operations by
establishing a moratorium on rulemaking actions, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2011
Mr. Ribble (for himself, Mr. Stutzman, Mr. Kingston, Mr. Benishek, Mr.
DesJarlais, Mr. Mulvaney, Mr. Flores, Mr. Gibbs, Mr. Fincher, Mr.
Duncan of South Carolina, Mr. Nugent, and Mr. Rigell) 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 ensure economy and efficiency of Federal Government operations by
establishing a moratorium on rulemaking actions, 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 ``Restoring Economic Certainty Act of
2011''.
SEC. 2. MORATORIUM ON REGULATIONS AND RULES.
Until the end of the moratorium period, a Federal agency may not
take any rulemaking action unless an exception is provided under
section 5.
SEC. 3. REQUIREMENTS RELATING TO ECONOMIC IMPACT STATEMENTS.
(a) Economic Impact Statements on Pending Rulemaking Actions.--Not
later than 30 days after the date of the enactment of this Act, each
Federal agency shall begin to prepare an economic impact statement on
each rulemaking action of the agency that was proposed but not
promulgated before the start of the moratorium period. Not later than
12 months after the start of the moratorium period, each Federal agency
shall submit to the appropriate Congressional committees the economic
impact statements relating to all such pending rulemaking actions of
the agency.
(b) Economic Impact Statements on Rulemaking Actions Following
Moratorium.--After the moratorium period, any rulemaking action shall
include an economic impact statement.
(c) Definition.--In this Act, the term ``economic impact
statement'' means a statement from a Federal agency, certified by the
Director of the Office of Management and Budget, that contains a
detailed estimate of the total annual costs and benefits of a
regulation or rule, including the anticipated net impact of the
regulation or rule on employment.
SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.
(a) In General.--Any deadline for, relating to, or involving any
action dependent upon, any rulemaking actions authorized or required to
be taken before the end of the moratorium period is extended for 5
months or until the end of the moratorium period, whichever is later.
(b) Deadline Defined.--The term ``deadline'' means any date certain
for fulfilling any obligation or exercising any authority established
by or under any Federal statute or regulation or rule, or by or under
any court order implementing any Federal statute or regulation or rule.
(c) Identification of Postponed Deadlines.--Not later than 30 days
after the date of the enactment of this Act, the President shall
identify and publish in the Federal Register a list of deadlines
covered by subsection (a).
SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not
apply to a rulemaking action 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 thereof to
the appropriate committees of each House of 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 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 Federal agency head 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(3)(B).
(c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall
not apply to a rulemaking action 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 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. 6. DEFINITIONS.
In this Act:
(1) Federal agency.--The term ``Federal agency'' means any
executive department, military department, Government
corporation, Government-controlled corporation, or other
establishment in the executive branch of the Government
(including the Executive Office of the President), or any
independent regulatory agency, but does not include--
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions;
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities;
(E) the Board of Governors of the Federal Reserve
System; or
(F) the Federal Deposit Insurance Corporation.
(2) Moratorium period.--The term ``moratorium period''
means the two-year period beginning on the date occurring 30
days after the date of the enactment of this Act.
(3) Regulation or rule.--
(A) In general.--Except as provided in subparagraph
(B), the term ``regulation or rule'' means an agency
statement of general applicability and future effect,
which the agency intends to have the force and effect
of law, that is designed to implement, interpret, or
prescribe law or policy or to describe the procedure or
practice requirements of an agency.
(B) Exceptions.--The term ``regulation or rule''
does not include any of the following:
(i) Regulations or rules that pertain to a
military or foreign affairs function of the
United States other than procurement
regulations and regulations involving the
import or export of non-defense articles and
services.
(ii) Regulations or rules that are limited
to agency organization, management, or
personnel matters.
(iii) Regulations or rules that the
Administrator of the Office of Information and
Regulatory Affairs within the Office of
Management and Budget certifies in writing are
limited to repealing an existing regulation or
rule.
(iv) Regulations or rules that pertain to
aviation safety.
(v) Regulations or rules that grant an
application for licenses, registrations, or
similar authorities; grant or recognize
exemptions; grant a variance or petition for
relief from a regulatory requirement or other
action relieving a restriction; or any action
necessary to permit new or improved
applications of technology or allow the
manufacture, distribution, sale, or use of a
substance or product.
(4) Rulemaking action.--The term ``rulemaking action''
means the formulation, amendment, or repeal of a regulation or
rule by a Federal agency.
(5) 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.
(6) 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>
Introduced in House
Introduced in House
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.
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.
Sponsor introductory remarks on measure. (CR H2218)
Referred to the Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line