I 

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. 

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 ‘‘Restoring Economic 

5 Certainty Act of 2011’’. 


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1 SEC. 2. MORATORIUM ON REGULATIONS AND RULES. 

2 Until the end of the moratorium period, a Federal 

3 agency may not take any rulemaking action unless an ex4 ception is provided under section 5. 

5 SEC. 3. REQUIREMENTS RELATING TO ECONOMIC IMPACT 

6 STATEMENTS. 

7 (a) ECONOMIC IMPACT STATEMENTS ON PENDING

8 RULEMAKING ACTIONS.—Not later than 30 days after the 

9 date of the enactment of this Act, each Federal agency 

10 shall begin to prepare an economic impact statement on 

11 each rulemaking action of the agency that was proposed 

12 but not promulgated before the start of the moratorium 

13 period. Not later than 12 months after the start of the 

14 moratorium period, each Federal agency shall submit to 

15 the appropriate Congressional committees the economic 

16 impact statements relating to all such pending rulemaking 

17 actions of the agency. 

18 (b) ECONOMIC IMPACT STATEMENTS ON RULE19 MAKING ACTIONS FOLLOWING MORATORIUM.—After the 

20 moratorium period, any rulemaking action shall include an 

21 economic impact statement. 

22 (c) DEFINITION.—In this Act, the term ‘‘economic 

23 impact statement’’ means a statement from a Federal 

24 agency, certified by the Director of the Office of Manage25 ment and Budget, that contains a detailed estimate of the 

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1 cluding the anticipated net impact of the regulation or rule 

2 on employment. 

3 SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND 

4 JUDICIAL DEADLINES. 

5 (a) IN GENERAL.—Any deadline for, relating to, or 

6 involving any action dependent upon, any rulemaking ac7 tions authorized or required to be taken before the end 

8 of the moratorium period is extended for 5 months or until 

9 the end of the moratorium period, whichever is later. 

10 (b) DEADLINE DEFINED.—The term ‘‘deadline’’ 

11 means any date certain for fulfilling any obligation or ex12 ercising any authority established by or under any Federal 

13 statute or regulation or rule, or by or under any court 

14 order implementing any Federal statute or regulation or 

15 rule. 

16 (c) IDENTIFICATION OF POSTPONED DEADLINES.— 

17 Not later than 30 days after the date of the enactment 

18 of this Act, the President shall identify and publish in the 

19 Federal Register a list of deadlines covered by subsection 

20 (a). 

21 SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS. 

22 (a) EMERGENCY EXCEPTION.—Section 3(a) or 4(a), 

23 or both, shall not apply to a rulemaking action if— 

24 (1) the head of a Federal agency otherwise au25 thorized to take the action submits a written request 


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1 to the Administrator of the Office of Information 

2 and Regulatory Affairs within the Office of Manage3 ment and Budget and submits a copy thereof to the 

4 appropriate committees of each House of the Con5 gress; 

6 (2) the Administrator of the Office of Informa7 tion and Regulatory Affairs within the Office of 

8 Management and Budget finds in writing that a 

9 waiver for the action is (A) necessary because of an 

10 imminent threat to health or safety or other emer11 gency, or (B) necessary for the enforcement of 

12 criminal laws; and 

13 (3) the Federal agency head publishes the find14 ing and waiver in the Federal Register. 

15 (b) EXCLUSIONS.—The head of an agency shall pub16 lish in the Federal Register any action excluded because 

17 of a certification under section 6(3)(B). 

18 (c) CIVIL RIGHTS EXCEPTION.—Section 3(a) or 4(a), 

19 or both, shall not apply to a rulemaking action to establish 

20 or enforce any statutory rights against discrimination on 

21 the basis of age, race, religion, gender, national origin, or 

22 handicapped or disability status except such rulemaking 

23 actions that establish, lead to, or otherwise rely on the 

24 use of a quota or preference based on age, race, religion, 


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1 gender, national origin, or handicapped or disability sta2 tus. 

3 SEC. 6. DEFINITIONS. 

4 In this Act: 

5 (1) FEDERAL AGENCY.—The term ‘‘Federal 

6 agency’’ means any executive department, military 

7 department, Government corporation, Government8 controlled corporation, or other establishment in the 

9 executive branch of the Government (including the 

10 Executive Office of the President), or any inde11 pendent regulatory agency, but does not include— 

12 (A) the General Accounting Office; 

13 (B) the Federal Election Commission; 

14 (C) the governments of the District of Co15 lumbia and of the territories and possessions of 

16 the United States, and their various subdivi17 sions; 

18 (D) Government-owned contractor-oper19 ated facilities, including laboratories engaged in 

20 national defense research and production activi21 ties; 

22 (E) the Board of Governors of the Federal 

23 Reserve System; or 

24 (F) the Federal Deposit Insurance Cor25 poration. 


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1 (2) MORATORIUM PERIOD.—The term ‘‘morato2 rium period’’ means the two-year period beginning 

3 on the date occurring 30 days after the date of the 

4 enactment of this Act. 

5 (3) REGULATION OR RULE.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the term ‘‘regulation or 

8 rule’’ means an agency statement of general ap9 plicability and future effect, which the agency 

10 intends to have the force and effect of law, that 

11 is designed to implement, interpret, or prescribe 

12 law or policy or to describe the procedure or 

13 practice requirements of an agency. 

14 (B) EXCEPTIONS.—The term ‘‘regulation 

15 or rule’’ does not include any of the following: 

16 (i) Regulations or rules that pertain 

17 to a military or foreign affairs function of 

18 the United States other than procurement 

19 regulations and regulations involving the 

20 import or export of non-defense articles 

21 and services. 

22 (ii) Regulations or rules that are lim23 ited to agency organization, management, 

24 or personnel matters. 


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1 (iii) Regulations or rules that the Ad2 ministrator of the Office of Information 

3 and Regulatory Affairs within the Office of 

4 Management and Budget certifies in writ5 ing are limited to repealing an existing 

6 regulation or rule. 

7 (iv) Regulations or rules that pertain 

8 to aviation safety. 

9 (v) Regulations or rules that grant an 

10 application for licenses, registrations, or 

11 similar authorities; grant or recognize ex12 emptions; grant a variance or petition for 

13 relief from a regulatory requirement or 

14 other action relieving a restriction; or any 

15 action necessary to permit new or im16 proved applications of technology or allow 

17 the manufacture, distribution, sale, or use 

18 of a substance or product. 

19 (4) RULEMAKING ACTION.—The term ‘‘rule20 making action’’ means the formulation, amendment, 

21 or repeal of a regulation or rule by a Federal agen22 cy. 

23 (5) LICENSE.—The term ‘‘license’’ means the 

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1 proval, registration, charter, membership, statutory 

2 exemption, or other form of permission. 

3 (6) IMMINENT THREAT TO HEALTH OR SAFE4 TY.—The term ‘‘imminent threat to health or safe5 ty’’ means the existence of any condition, cir6 cumstance, or practice reasonably expected to cause 

7 death, serious illness, or severe injury to humans, or 

8 substantial endangerment to private property during 

9 the moratorium period. 

10 SEC. 7. LIMITATION ON CIVIL ACTIONS. 

11 No private right of action may be brought against 

12 any Federal agency for a violation of this Act. This prohi13 bition shall not affect any private right of action or remedy 

14 otherwise available under any other law. 

Æ 


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