HR 3194

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IN THE HOUSE OF REPRESENTATIVES

October 13, 2011

Mr. Griffin of Arkansas 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 moratorium on certain regulations, 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 “Job Creation and Regulatory Freeze Act of 2011”.

SEC. 2. MORATORIUM ON REGULATIONS.

Except as provided in section 3, an agency may not issue a covered regulation until the end of the moratorium period.

SEC. 3. EXEMPTIONS.

(a) In General.—Section 2 shall not apply to a covered regulation if the head of the agency—

(1) makes a specific finding that the covered regulation—

(A) is necessary due to an imminent threat to human health or safety, or any other emergency;

(B) is necessary for the enforcement of a criminal law;

(C) has as its principal effect—

(i) fostering private sector job creation and the enhancement of the competitiveness of workers in the United States;

(ii) encouraging economic growth; or

(iii) repealing, narrowing, or streamlining a rule, regulation, or administrative 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, implementing, or administering the Internal Revenue Code of 1986; and

(2) submits the finding to Congress and publishes the finding in the Federal Register.

(b) Review.—Not later than 10 days after the date of enactment of this Act each agency shall submit any covered 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.

SEC. 4. 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) Covered regulation.—The term “covered regulation” means a final regulation that—

(A) directly or indirectly increases costs on businesses in a manner which will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy;

(B) 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 governments or communities;

(iii) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(iv) materially alter the budgetary 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

(C) did not take effect before September 1, 2011.

(3) Moratorium period.—The term “moratorium period” means the period of time—

(A) beginning 30 days after the date of the enactment of this Act; and

(B) ending January 20, 2013. <all>