IB 

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


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulatory Freeze for 

5 Jobs Act of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the terms ‘‘agency’’ and ‘‘rule’’ have the 

9 meanings given such terms under section 551 of title 

10 5, United States Code; 

11 (2) the term ‘‘regulatory action’’ means any sub12 stantive action by an agency that promulgates or is 

13 expected to lead to the promulgation of a final rule 

14 or regulation, including notices of inquiry, advance 

15 notices of proposed rulemaking, and notices of pro16 posed rulemaking, but not including any substantive 

17 action by an agency for repealing a rule; 

18 (3) the term ‘‘significant regulatory action’’ 

19 means any regulatory action that is likely to result 

20 in a rule or guidance that may— 

21 (A) have an annual cost to the economy of 

22 $100,000,000 or more or adversely affect in a 

23 material way the economy, a sector of the econ24 omy, productivity, competition, jobs, the environ25 ment, public health or safety, small entities, or 


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1 State, local, or tribal governments or commu2 nities; 

3 (B) create a serious inconsistency or other4 wise interfere with an action taken or planned 

5 by another agency; 

6 (C) materially alter the budgetary impact of 

7 entitlements, grants, user fees, or loan programs 

8 or the rights and obligations of recipients thereof; 

9 or 

10 (D) raise novel legal or policy issues; and 

11 (4) the term ‘‘small entities’’ has the meaning 

12 given such term under section 601(6) of title 5, 

13 United States Code. 

14 SEC. 3. SIGNIFICANT REGULATORY ACTIONS. 

15 (a) IN GENERAL.—No agency may take any signifi16 cant regulatory action during the period beginning on the 

17 date of enactment of this Act and ending on the date that 

18 the Secretary of Labor submits the report under subsection 

19 (b). 

20 (b) DETERMINATION.—The Secretary of Labor shall 

21 submit a report to the Director of the Office of Management 

22 and Budget whenever the Secretary determines that the Bu23 reau of Labor Statistics average of monthly unemployment 

24 rates for any quarter beginning after the date of enactment 

25 of this Act is equal to or less than 6.0 percent. 


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1 SEC. 4. WAIVERS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of this Act, an agency may take a significant regu4 latory action only in accordance with either subsection (b) 

5 or subsection (c) during the period described in section 3(a). 

6 (b) PRESIDENTIAL WAIVER.—An agency may take a 

7 significant regulatory action if the President determines by 

8 Executive order that the significant regulatory action is— 

9 (1) necessary because of an imminent threat to 

10 health or safety or other emergency; 

11 (2) necessary for the enforcement of criminal 

12 laws; 

13 (3) necessary for the national security of the 

14 United States; or 

15 (4) issued pursuant to any statute implementing 

16 an international trade agreement. 

17 (c) CONGRESSIONAL WAIVERS.— 

18 (1) SUBMISSION.—For any significant regu19 latory action not eligible for a Presidential waiver 

20 pursuant to subsection (b), the President may submit 

21 a written request to Congress for a waiver of the ap22 plication of section 3 to the significant regulatory ac23 tion. 

24 (2) CONTENTS.—A submission by the President 

25 under this subsection shall— 


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1 (A) identify the significant regulatory ac2 tion and the scope of the requested waiver; 

3 (B) give all reasons why the significant reg4 ulatory action is necessary to protect the public 

5 health, safety, or welfare; and 

6 (C) explain why the significant regulatory 

7 action is ineligible for a Presidential waiver 

8 pursuant to subsection (b). 

9 (3) CONGRESSIONAL ACTION.—Congress shall 

10 give expeditious consideration and take appropriate 

11 legislative action with respect to any submission by 

12 the President under this subsection. 

13 SEC. 5. JUDICIAL REVIEW. 

14 (a) REVIEW.—Any party adversely affected or ag15 grieved by any regulatory action taken in violation of this 

16 Act is entitled to judicial review in accordance with chapter 

17 7 of title 5, United States Code. Any determination by ei18 ther the President or the Secretary of Labor under this Act 

19 shall be subject to judicial review under such chapter. 

20 (b) JURISDICTION.—Each court having jurisdiction to 

21 review any significant regulatory action for compliance 

22 with any other provision of law shall have jurisdiction to 

23 review all claims under this Act. 

24 (c) RELIEF.—In granting any relief in any civil ac25 tion under this section, the court shall order the agency to 


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1 take corrective action consistent with this Act and chapter 

2 7 of title 5, United States Code, including remanding the 

3 significant regulatory action to the agency and enjoining 

4 the application or enforcement of that significant regu5 latory action, unless the court finds by a preponderance of 

6 the evidence that application or enforcement is required to 

7 protect against an imminent and serious threat to the na8 tional security of the United States. 

9 (d) REASONABLE ATTORNEY’S FEES FOR SMALL BUSI10 NESSES.—The court shall award reasonable attorney’s fees 

11 and costs to a substantially prevailing small business in 

12 any civil action arising under this Act. A small business 

13 may qualify as substantially prevailing even without ob14 taining a final judgment in its favor if the agency that 

15 took the significant regulatory action changes its position 

16 after the civil action is filed. 

17 (e) LIMITATION ON COMMENCING CIVIL ACTION.—A 

18 party may seek and obtain judicial review during the 1- 

19 year period beginning on the date of the challenged agency 

20 action or within 90 days after an enforcement action or 

21 notice thereof, except that where another provision of law 

22 requires that a civil action be commenced before the expira23 tion of that 1-year period, such lesser period shall apply. 

24 (f) DEFINITION.—In this section, the term ‘‘small busi25 ness’’ means any business, including an unincorporated 


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1 business or a sole proprietorship, that employs not more 

2 than 500 employees or that has a net worth of less than 

3 $7,000,000 on the date a civil action arising under this Act 

4 is filed. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Regulatory 

7 Freeze for Jobs Act of 2012’’. 

8 SEC. 2. MORATORIUM ON FINAL SIGNIFICANT REGU9 LATORY ACTIONS. 

10 An agency may not take any final signifi11 cant regulatory action during the period be12 ginning on the date of the enactment of this 

13 Act and ending on the date that is the earlier 

14 of— 

15 (1) two years after such date of enact16 ment; or 

17 (2) the date on which the national un18 employment rate, as published by the Bu19 reau of Labor Statistics, is first equal to 

20 or less than 6.0 percent. 

21 SEC. 3. WAIVERS AND EXCEPTIONS. 

22 (a) IN GENERAL.—Notwithstanding any 

23 other provision of this Act, an agency may 

24 take final significant regulatory action only in 


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1 accordance with subsection (b), (c), (d), or (e) 

2 during the period described in section 2. 

3 (b) PRESIDENTIAL WAIVER.—An agency may 

4 take final significant regulatory action if the 

5 President determines that the final signifi6 cant regulatory action is— 

7 (1) necessary because of an imminent 

8 threat to health or safety or other emer9 gency; 

10 (2) necessary for the enforcement of 

11 criminal laws; 

12 (3) necessary for the national security 

13 of the United States; or 

14 (4) issued pursuant to any statute im15 plementing an international trade agree16 ment. 

17 (c) DEREGULATORY EXCEPTION.—An agency 

18 may take a final significant regulatory action 

19 if the Administrator of the Office of Informa20 tion and Regulatory Affairs of the Office of 

21 Management and Budget certifies in writing 

22 that the final significant regulatory action is 

23 limited to repealing an existing rule. 

24 (d) EXCEPTION FOR THE DEPARTMENT OF DE25 FENSE AND THE DEPARTMENT OF VETERANS AFVerDate Mar 15 2010 21:43 Jul 20, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6202 E:\BILLS\H4078.RH H4078

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1 FAIRS.—The Department of Defense and the 

2 Department of Veterans Affairs may take a 

3 final significant regulatory action if such ac4 tion affects the health or safety of members of 

5 the Armed Forces or veterans. 

6 (e) EXCEPTION FOR EQUAL PROTECTION AND

7 CIVIL RIGHTS.—An agency may take a final sig8 nificant regulatory action if such action is to 

9 establish or enforce any statutory rights 

10 against discrimination on the basis of age, 

11 race, religion, gender, national origin, or 

12 handicapped or disability status except such 

13 final significant regulatory actions that estab14 lish, lead to, or otherwise rely on the use of 

15 a quota or preference based on age, race, reli16 gion, gender, national origin, or handicapped 

17 or disability status. 

18 SEC. 4. DETERMINATION OF MAJOR GUIDANCE. 

19 Before the issuance of any guidance, the 

20 head of an agency shall transmit any pro21 posed guidance to the Administrator of the 

22 Office of Information and Regulatory Affairs 

23 of the Office of Management and Budget, who 

24 shall make a finding as to whether such pro25 posed guidance is a major guidance. 


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1 SEC. 5. JUDICIAL REVIEW. 

2 (a) REVIEW.—Any party adversely affected 

3 or aggrieved by any rule or guidance result4 ing from a final significant regulatory action 

5 taken in violation of this Act is entitled to ju6 dicial review in accordance with chapter 7 of 

7 title 5, United States Code. Any determination 

8 by either the President or the Secretary of 

9 Labor under this Act shall be subject to judi10 cial review under such chapter. 

11 (b) JURISDICTION.—Each court having ju12 risdiction to review any rule or guidance re13 sulting from a final significant regulatory ac14 tion for compliance with any other provision 

15 of law shall have jurisdiction to review all 

16 claims under this Act. 

17 (c) RELIEF.—In granting any relief in any 

18 civil action under this section, the court shall 

19 order the agency to take corrective action 

20 consistent with this Act and chapter 7 of title 

21 5, United States Code, including remanding 

22 the rule or guidance resulting from the final 

23 significant regulatory action to the agency 

24 and enjoining the application or enforcement 

25 of that rule or guidance, unless the court 

26 finds by a preponderance of the evidence that 


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1 application or enforcement is required to pro2 tect against an imminent and serious threat 

3 to the national security of the United States. 

4 (d) REASONABLE ATTORNEY’S FEES FOR

5 SMALL BUSINESSES.—The court shall award 

6 reasonable attorney’s fees and costs to a sub7 stantially prevailing small business in any 

8 civil action arising under this Act. A small 

9 business may qualify as substantially pre10 vailing even without obtaining a final judg11 ment in its favor if the agency that took the 

12 final significant regulatory action changes its 

13 position after the civil action is filed. 

14 (e) LIMITATION ON COMMENCING CIVIL AC15 TION.—A party may seek and obtain judicial 

16 review during the 1-year period beginning on 

17 the date of the challenged agency action or 

18 within 90 days after an enforcement action or 

19 notice thereof, except that where another pro20 vision of law requires that a civil action be 

21 commenced before the expiration of that 1- 

22 year period, such lesser period shall apply. 

23 (f) SMALL BUSINESS DEFINED.—In this sec24 tion, the term ‘‘small business’’ means any 

25 business, including an unincorporated busiVerDate Mar 15 2010 21:43 Jul 20, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6202 E:\BILLS\H4078.RH H4078

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1 ness or a sole proprietorship, that employs 

2 not more than 500 employees or that has a net 

3 worth of less than $7,000,000 on the date a 

4 civil action arising under this Act is filed. 

5 SEC. 6. DEFINITIONS. 

6 In this Act: 

7 (1) AGENCY.—The term ‘‘agency’’ has 

8 the meaning given that term under sec9 tion 551 of title 5, United States Code, ex10 cept that such term does not include— 

11 (A) the Federal Election Commis12 sion; 

13 (B) the Board of Governors of the 

14 Federal Reserve System; 

15 (C) the Federal Deposit Insurance 

16 Corporation; or 

17 (D) the United States Postal Serv18 ice. 

19 (2) FINAL SIGNIFICANT REGULATORY AC20 TION.—The term ‘‘final significant regu21 latory action’’ means the promulgation of 

22 any major rule or the issuance of any 

23 major guidance. 

24 (3) MAJOR GUIDANCE.—The term 

25 ‘‘major guidance’’ means any guidance 


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1 that the Administrator of the Office of In2 formation and Regulatory Affairs of the 

3 Office of Management and Budget finds is 

4 likely to result in— 

5 (A) an annual effect on the econ6 omy of $100,000,000 or more; 

7 (B) a major increase in costs or 

8 prices for consumers, individual in9 dustries, Federal, State, or local gov10 ernment agencies, or geographic re11 gions; or 

12 (C) significant adverse effects on 

13 competition, employment, investment, 

14 productivity, innovation, or on the 

15 ability of United States-based enter16 prises to compete with foreign-based 

17 enterprises in domestic and export 

18 markets. 

19 (4) MAJOR RULE.—The term ‘‘major 

20 rule’’ means any rule that the Adminis21 trator of the Office of Information and 

22 Regulatory Affairs of the Office of Man23 agement and Budget finds is likely to re24 sult in— 


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1 (A) an annual effect on the econ2 omy of $100,000,000 or more; 

3 (B) a major increase in costs or 

4 prices for consumers, individual in5 dustries, Federal, State, or local gov6 ernment agencies, or geographic re7 gions; or 

8 (C) significant adverse effects on 

9 competition, employment, investment, 

10 productivity, innovation, or on the 

11 ability of United States-based enter12 prises to compete with foreign-based 

13 enterprises in domestic and export 

14 markets. 

15 (5) RULE.—The term ‘‘rule’’ has the 

16 meaning given that term under section 

17 551 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.’’. 


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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 

equal to or less than 6.0 percent. regulatory action until the unemployment rate is 

JULY 20, 2012 

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


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