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

112th CONGRESS
  2d Session
                                H. R. 4078

 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

_______________________________________________________________________

                                 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, until 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.
    (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 if the President 
makes a determination under subsection (b) and submits written notice 
of such determination to the Congress.
    (b) Determination by the President.--Subsection (a) applies to a 
determination made by the President by Executive order that an agency 
should take the significant regulatory action because such 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.

SEC. 5. JUDICIAL REVIEW.

    (a) 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.
    (b) Review.--Any person who is adversely affected or aggrieved by 
any significant regulatory action in violation of this Act is entitled 
to judicial review in accordance with chapter 7 of title 5, United 
States Code. Any determination by the President under this Act shall be 
subject to judicial review under such chapter.
    (c) 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.
    (d) 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.
    (e) 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 
party qualifies 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.
    (f) Limitation on Commencing Civil Action.--A person 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.
                                 <all>
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