I 

112TH CONGRESS 

1ST SESSION H. R. 213 

To establish a moratorium on regulatory rulemaking actions, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2011 

Mr. YOUNG of Alaska (for himself, Mrs. MYRICK, and Mr. BURTON of Indiana) 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 establish a moratorium on regulatory 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 ‘‘Regulation Audit Re5 vive Economy Act of 2011’’ or the ‘‘RARE Act of 2011’’. 


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1 SEC. 2. MORATORIUM ON REGULATIONS. 

2 Until the end of the moratorium period, a Federal 

3 agency may not take any regulatory rulemaking action, 

4 unless an exception is provided under section 4. 

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

6 JUDICIAL DEADLINES. 

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

8 involving any action dependent upon any regulatory rule9 making actions authorized or required to be taken before 

10 the end of the moratorium period is extended for 5 months 

11 or until the end of the moratorium period, whichever is 

12 later. 

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

14 means any date certain for fulfilling any obligation or ex15 ercising any authority established by or under any Federal 

16 statute or regulation, or by or under any court order im17 plementing any Federal statute or regulation. 

18 (c) IDENTIFICATION OF POSTPONED DEADLINES.— 

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

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

21 Federal Register a list of deadlines covered by subsection 

22 (a). 

23 SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS. 

24 (a) EMERGENCY EXCEPTION.—Section 2 or 3(a), or 

25 both, shall not apply to a regulatory rulemaking action 

26 if— 


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1 (1) the head of a Federal agency otherwise au2 thorized to take the action submits a written request 

3 to the Administrator of the Office of Information 

4 and Regulatory Affairs within the Office of Manage5 ment and Budget and submits a copy of such re6 quest to the Congress; 

7 (2) the Administrator of the Office of Informa8 tion and Regulatory Affairs within the Office of 

9 Management and Budget finds in writing that a 

10 waiver for the action is— 

11 (A) necessary because of an imminent 

12 threat to health or safety or other emergency; 

13 or 

14 (B) necessary for the enforcement of crimi15 nal laws; and 

16 (3) the head of the Federal agency publishes 

17 the finding and waiver in the Federal Register. 

18 (b) EXCLUSIONS.—The head of an agency shall pub19 lish in the Federal Register any action excluded because 

20 of a certification under section 6(4)(B). 

21 (c) CIVIL RIGHTS EXCEPTION.—Section 2 or 3(a), 

22 or both, shall not apply to a regulatory rulemaking action 

23 to establish or enforce any statutory rights against dis24 crimination on the basis of age, race, religion, gender, na25 tional origin, or handicapped or disability status except 


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1 such rulemaking actions that establish, lead to, or other2 wise rely on the use of a quota or preference based on 

3 age, race, religion, gender, national origin, or handicapped 

4 or disability status. 

5 SEC. 5. REVIEW OF RULES. 

6 (a) REVIEW AND REPORT REQUIRED.—In accord7 ance with this section and as soon as practicable after the 

8 date of the enactment of this Act, the Director of the Of9 fice of Management and Budget shall— 

10 (1) conduct a review of each rule that is being 

11 enforced as of the date of the enactment of this Act; 

12 and 

13 (2) submit to Congress and make available to 

14 the public a report on such review. 

15 (b) MATTERS COVERED.—The report under sub16 section (a) shall include the following: 

17 (1) An estimate of the total annual costs and 

18 benefits (including quantifiable and nonquantifiable 

19 effects) of each rule covered by the review, to the ex20 tent feasible. 

21 (2) Where applicable, recommendations for re22 form of an existing major rule. 

23 (3) The total number of minor and major rules 

24 that are being enforced as of the date of the enact25 ment of this Act. 


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1 (c) UNIFORM STANDARD.—The Director of Office of 

2 Management and Budget shall apply a uniform standard 

3 for figures and cost summaries in the report required 

4 under subsection (a). 

5 SEC. 6. DEFINITIONS. 

6 For purposes of this Act: 

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

8 agency’’ means any agency as that term is defined 

9 in section 551(1) of title 5, United States Code. 

10 (2) MAJOR RULE.—The term ‘‘major rule’’ has 

11 the meaning given that term in section 804 of title 

12 5, United States Code. 

13 (3) MORATORIUM PERIOD.—The term ‘‘morato14 rium period’’ means the period of time— 

15 (A) beginning 30 days after the date of the 

16 enactment of this Act; and 

17 (B) ending on the later of— 

18 (i) 14 days after the day on which the 

19 Director of the Office of Management and 

20 Budget publishes the report pursuant to 

21 section 5; or 

22 (ii) two years after the date of the en23 actment of this Act. 

24 (4) REGULATORY RULEMAKING ACTION.— 


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1 (A) IN GENERAL.—The term ‘‘regulatory 

2 rulemaking action’’ means any rulemaking on 

3 any rule normally published in the Federal Reg4 ister, including— 

5 (i) the issuance of any substantive 

6 rule, interpretative rule, statement of agen7 cy policy, notice of inquiry, advance notice 

8 of proposed rulemaking, or notice of pro9 posed rulemaking, and 

10 (ii) any other action taken in the 

11 course of the process of rulemaking (except 

12 a cost benefit analysis or risk assessment, 

13 or both). 

14 (B) EXCLUSIONS.—The term ‘‘regulatory 

15 rulemaking action’’ does not include— 

16 (i) any agency action that the head of 

17 the agency and the Administrator of the 

18 Office of Information and Regulatory Af19 fairs within the Office of Management and 

20 Budget certify in writing is limited to re21 pealing, narrowing, or streamlining a rule, 

22 regulation, or administrative process or 

23 otherwise reducing regulatory burdens; 

24 (ii) any agency action that the head of 

25 the agency and the Administrator of the 


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1 Office of Information and Regulatory Af2 fairs within the Office of Management and 

3 Budget certify in writing is limited to mat4 ters relating to military or foreign affairs 

5 functions, statutes implementing inter6 national trade agreements, including all 

7 agency actions required by the Uruguay 

8 Round Agreements Act, or agency manage9 ment, personnel, or public property, loans, 

10 grants, benefits, or contracts; 

11 (iii) any agency action that the head 

12 of the agency and the Administrator of the 

13 Office of Information and Regulatory Af14 fairs within the Office of Management and 

15 Budget certify in writing is limited to a 

16 routine administrative function of the 

17 agency; 

18 (iv) any agency action that— 

19 (I) is taken by an agency that su20 pervises and regulates insured deposi21 tory institutions, affiliates of such in22 stitutions, credit unions, or govern23 ment sponsored housing enterprises; 

24 and 


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1 (II) the head of the agency cer2 tifies would meet the standards for an 

3 exception or exclusion described in 

4 this Act; or 

5 (v) any agency action that the head of 

6 the agency certifies is limited to inter7 preting, implementing, or administering 

8 the internal revenue laws of the United 

9 States. 

10 (5) RULE.—The term ‘‘rule’’— 

11 (A) means the whole or a part of an agen12 cy statement of general or particular applica13 bility and future effect designed to implement, 

14 interpret, or prescribe law or policy; and 

15 (B) does not include— 

16 (i) the approval or prescription, on a 

17 case-by-case or consolidated case basis, for 

18 the future of rates, wages, corporation, or 

19 financial structures or reorganizations 

20 thereof, prices, facilities, appliances, serv21 ices or allowances therefor, or of valu22 ations, costs, or accounting, or practices 

23 bearing on any of the foregoing; 

24 (ii) any action taken in connection 

25 with the safety of aviation; 


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1 (iii) any action taken in connection 

2 with the implementation of monetary pol3 icy or to ensure the safety and soundness 

4 of federally insured depository institutions, 

5 any affiliate of such an institution, credit 

6 unions, or government sponsored housing 

7 enterprises or to protect the Federal de8 posit insurance funds; 

9 (iv) the granting an application for a 

10 license, registration, or similar authority, 

11 granting or recognizing an exemption, 

12 granting a variance or petition for relief 

13 from a regulatory requirement, or other 

14 action relieving a restriction (including any 

15 agency which establishes, modifies, or con16 ducts a regulatory program for a rec17 reational or subsistence activity, including 

18 hunting, fishing, and camping, if a Federal 

19 law prohibits the recreational or subsist20 ence activity in the absence of the agency 

21 action); or 

22 (v) taking any action necessary to per23 mit new or improved applications of tech24 nology or allow the manufacture, distribu25 tion, sale, or use of a substance or product. 


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1 (6) RULEMAKING.—The term ‘‘rulemaking’’ 

2 means agency process for formulating, amending, or 

3 repealing a rule. 

4 (7) LICENSE.—The term ‘‘license’’ means the 

5 whole or part of an agency permit, certificate, ap6 proval, registration, charter, membership, statutory 

7 exemption, or other form of permission. 

8 (8) IMMINENT THREAT TO HEALTH OR SAFE9 TY.—The term ‘‘imminent threat to health or safe10 ty’’ means the existence of any condition, cir11 cumstance, or practice reasonably expected to cause 

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

13 substantial endangerment to private property during 

14 the moratorium period. 

15 SEC. 7. LIMITATION ON CIVIL ACTIONS. 

16 No private right of action may be brought against 

17 any Federal agency for a violation of this Act. This prohi18 bition shall not affect any private right of action or remedy 

19 otherwise available under any other law. 

Æ 


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