[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4078 Reported in House (RH)]

                                                 Union Calendar No. 446
112th CONGRESS
  2d Session
                                H. R. 4078

                  [Report No. 112-461, Parts I and II]

 To provide that no agency may take any significant regulatory action 
   until the unemployment rate is equal to or less than 6.0 percent.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2012

 Mr. Griffin of Arkansas (for himself, Mr. Smith of Texas, Mr. Coble, 
Mr. Gallegly, Mr. Chabot, Mr. Franks of Arizona, Mr. Poe of Texas, Mr. 
 Chaffetz, Mr. Marino, Mr. Gowdy, Mr. Ross of Florida, Mrs. Adams, Mr. 
  Quayle, Mr. Amodei, and Mr. Carter) 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

                             April 27, 2012

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 20, 2012

  Additional sponsors: Mr. Goodlatte, Mr. Forbes, Mr. Schweikert, Mr. 
    Duncan of South Carolina, Mr. Miller of Florida, and Mrs. Black


                             July 20, 2012

  Reported from the Committee on Oversight and Government Reform with 
amendments, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 17, 2012]

_______________________________________________________________________

                                 A BILL


 
 To provide that no agency may take any significant regulatory action 
   until the unemployment rate is equal to or less than 6.0 percent.


 


    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 ``Regulatory Freeze for Jobs Act of 
2012''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``agency'' and ``rule'' have the meanings 
        given such terms under section 551 of title 5, United States 
        Code;
            (2) the term ``regulatory action'' means any substantive 
        action by an agency that promulgates or is expected to lead to 
        the promulgation of a final rule or regulation, including 
        notices of inquiry, advance notices of proposed rulemaking, and 
        notices of proposed rulemaking, but not including any 
        substantive action by an agency for repealing a rule;
            (3) the term ``significant regulatory action'' means any 
        regulatory action that is likely to result in a rule or 
        guidance that may--
                    (A) have an annual cost to the economy of 
                $100,000,000 or more or adversely affect in a material 
                way the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, small entities, or State, local, or tribal 
                governments or communities;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients thereof; or
                    (D) raise novel legal or policy issues; and
            (4) the term ``small entities'' has the meaning given such 
        term under section 601(6) of title 5, United States Code.

SEC. 3. SIGNIFICANT REGULATORY ACTIONS.

    (a) In General.--No agency may take any significant regulatory 
action during the period beginning on the date of enactment of this Act 
and ending on the date that the Secretary of Labor submits the report 
under subsection (b).
    (b) Determination.--The Secretary of Labor shall submit a report to 
the Director of the Office of Management and Budget whenever the 
Secretary determines that the Bureau of Labor Statistics average of 
monthly unemployment rates for any quarter beginning after the date of 
enactment of this Act is equal to or less than 6.0 percent.

SEC. 4. WAIVERS.

    (a) In General.--Notwithstanding any other provision of this Act, 
an agency may take a significant regulatory action only in accordance 
with either subsection (b) or subsection (c) during the period 
described in section 3(a).
    (b) Presidential Waiver.--An agency may take a significant 
regulatory action if the President determines by Executive order that 
the significant regulatory action is--
            (1) necessary because of an imminent threat to health or 
        safety or other emergency;
            (2) necessary for the enforcement of criminal laws;
            (3) necessary for the national security of the United 
        States; or
            (4) issued pursuant to any statute implementing an 
        international trade agreement.
    (c) Congressional Waivers.--
            (1) Submission.--For any significant regulatory action not 
        eligible for a Presidential waiver pursuant to subsection (b), 
        the President may submit a written request to Congress for a 
        waiver of the application of section 3 to the significant 
        regulatory action.
            (2) Contents.--A submission by the President under this 
        subsection shall--
                    (A) identify the significant regulatory action and 
                the scope of the requested waiver;
                    (B) give all reasons why the significant regulatory 
                action is necessary to protect the public health, 
                safety, or welfare; and
                    (C) explain why the significant regulatory action 
                is ineligible for a Presidential waiver pursuant to 
                subsection (b).
            (3) Congressional action.--Congress shall give expeditious 
        consideration and take appropriate legislative action with 
        respect to any submission by the President under this 
        subsection.

SEC. 5. JUDICIAL REVIEW.

    (a) Review.--Any party adversely affected or aggrieved by any 
regulatory action taken in violation of this Act is entitled to 
judicial review in accordance with chapter 7 of title 5, United States 
Code. Any determination by either the President or the Secretary of 
Labor under this Act shall be subject to judicial review under such 
chapter.
    (b) Jurisdiction.--Each court having jurisdiction to review any 
significant regulatory action for compliance with any other provision 
of law shall have jurisdiction to review all claims under this Act.
    (c) Relief.--In granting any relief in any civil action under this 
section, the court shall order the agency to take corrective action 
consistent with this Act and chapter 7 of title 5, United States Code, 
including remanding the significant regulatory action to the agency and 
enjoining the application or enforcement of that significant regulatory 
action, unless the court finds by a preponderance of the evidence that 
application or enforcement is required to protect against an imminent 
and serious threat to the national security of the United States.
    (d) Reasonable Attorney's Fees for Small Businesses.--The court 
shall award reasonable attorney's fees and costs to a substantially 
prevailing small business in any civil action arising under this Act. A 
small business may qualify as substantially prevailing even without 
obtaining a final judgment in its favor if the agency that took the 
significant regulatory action changes its position after the civil 
action is filed.
    (e) Limitation on Commencing Civil Action.--A party may seek and 
obtain judicial review during the 1-year period beginning on the date 
of the challenged agency action or within 90 days after an enforcement 
action or notice thereof, except that where another provision of law 
requires that a civil action be commenced before the expiration of that 
1-year period, such lesser period shall apply.
    (f) Definition.--In this section, the term ``small business'' means 
any business, including an unincorporated business or a sole 
proprietorship, that employs not more than 500 employees or that has a 
net worth of less than $7,000,000 on the date a civil action arising 
under this Act is filed.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Freeze for Jobs Act of 
2012''.

SEC. 2. MORATORIUM ON FINAL SIGNIFICANT REGULATORY ACTIONS.

    An agency may not take any final significant regulatory action 
during the period beginning on the date of the enactment of this Act 
and ending on the date that is the earlier of--
            (1) two years after such date of enactment; or
            (2) the date on which the national unemployment rate, as 
        published by the Bureau of Labor Statistics, is first equal to 
        or less than 6.0 percent.

SEC. 3. WAIVERS AND EXCEPTIONS.

    (a) In General.--Notwithstanding any other provision of this Act, 
an agency may take final significant regulatory action only in 
accordance with subsection (b), (c), (d), or (e) during the period 
described in section 2.
    (b) Presidential Waiver.--An agency may take final significant 
regulatory action if the President determines that the final 
significant regulatory action is--
            (1) necessary because of an imminent threat to health or 
        safety or other emergency;
            (2) necessary for the enforcement of criminal laws;
            (3) necessary for the national security of the United 
        States; or
            (4) issued pursuant to any statute implementing an 
        international trade agreement.
    (c) Deregulatory Exception.--An agency may take a final significant 
regulatory action if the Administrator of the Office of Information and 
Regulatory Affairs of the Office of Management and Budget certifies in 
writing that the final significant regulatory action is limited to 
repealing an existing rule.
    (d) Exception for the Department of Defense and the Department of 
Veterans Affairs.--The Department of Defense and the Department of 
Veterans Affairs may take a final significant regulatory action if such 
action affects the health or safety of members of the Armed Forces or 
veterans.
    (e) Exception for Equal Protection and Civil Rights.--An agency may 
take a final significant regulatory action if such action is 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 final significant regulatory 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. 4. DETERMINATION OF MAJOR GUIDANCE.

    Before the issuance of any guidance, the head of an agency shall 
transmit any proposed guidance to the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget, who shall make a finding as to whether such proposed guidance 
is a major guidance.

SEC. 5. JUDICIAL REVIEW.

    (a) Review.--Any party adversely affected or aggrieved by any rule 
or guidance resulting from a final significant regulatory action taken 
in violation of this Act is entitled to judicial review in accordance 
with chapter 7 of title 5, United States Code. Any determination by 
either the President or the Secretary of Labor under this Act shall be 
subject to judicial review under such chapter.
    (b) Jurisdiction.--Each court having jurisdiction to review any 
rule or guidance resulting from a final significant regulatory action 
for compliance with any other provision of law shall have jurisdiction 
to review all claims under this Act.
    (c) Relief.--In granting any relief in any civil action under this 
section, the court shall order the agency to take corrective action 
consistent with this Act and chapter 7 of title 5, United States Code, 
including remanding the rule or guidance resulting from the final 
significant regulatory action to the agency and enjoining the 
application or enforcement of that rule or guidance, unless the court 
finds by a preponderance of the evidence that application or 
enforcement is required to protect against an imminent and serious 
threat to the national security of the United States.
    (d) Reasonable Attorney's Fees for Small Businesses.--The court 
shall award reasonable attorney's fees and costs to a substantially 
prevailing small business in any civil action arising under this Act. A 
small business may qualify as substantially prevailing even without 
obtaining a final judgment in its favor if the agency that took the 
final significant regulatory action changes its position after the 
civil action is filed.
    (e) Limitation on Commencing Civil Action.--A party may seek and 
obtain judicial review during the 1-year period beginning on the date 
of the challenged agency action or within 90 days after an enforcement 
action or notice thereof, except that where another provision of law 
requires that a civil action be commenced before the expiration of that 
1-year period, such lesser period shall apply.
    (f) Small Business Defined.--In this section, the term ``small 
business'' means any business, including an unincorporated business or 
a sole proprietorship, that employs not more than 500 employees or that 
has a net worth of less than $7,000,000 on the date a civil action 
arising under this Act is filed.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term under section 551 of title 5, United States Code, except 
        that such term does not include--
                    (A) the Federal Election Commission;
                    (B) the Board of Governors of the Federal Reserve 
                System;
                    (C) the Federal Deposit Insurance Corporation; or
                    (D) the United States Postal Service.
            (2) Final significant regulatory action.--The term ``final 
        significant regulatory action'' means the promulgation of any 
        major rule or the issuance of any major guidance.
            (3) Major guidance.--The term ``major guidance'' means any 
        guidance that the Administrator of the Office of Information 
        and Regulatory Affairs of the Office of Management and Budget 
        finds is likely to result in--
                    (A) an annual effect on the economy of $100,000,000 
                or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            (4) Major rule.--The term ``major rule'' means any rule 
        that the Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and Budget finds 
        is likely to result in--
                    (A) an annual effect on the economy of $100,000,000 
                or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            (5) Rule.--The term ``rule'' has the meaning given that 
        term under section 551 of title 5, United States Code.
            Amend the title so as to read: ``A bill to provide that no 
        agency may take any final significant regulatory action for two 
        years or until the unemployment rate is equal to or less than 
        6.0 percent, whichever occurs earlier, and for other 
        purposes.''.
                                                 Union Calendar No. 446

112th CONGRESS

  2d Session

                               H. R. 4078

                  [Report No. 112-461, Parts I and II]

_______________________________________________________________________

                                 A BILL

 To provide that no agency may take any significant regulatory action 
   until the unemployment rate is equal to or less than 6.0 percent.

_______________________________________________________________________

                             July 20, 2012

  Reported from the Committee on Oversight and Government Reform with 
amendments, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed