I 

112TH CONGRESS 

1ST SESSION H. R. 3194 

To provide for a moratorium on certain regulations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2011 

Mr. GRIFFIN of Arkansas 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 for a moratorium on certain regulations, 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 ‘‘Job Creation and Reg5 ulatory Freeze Act of 2011’’. 

6 SEC. 2. MORATORIUM ON REGULATIONS. 

7 Except as provided in section 3, an agency may not 

8 issue a covered regulation until the end of the moratorium 

9 period. 


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1 SEC. 3. EXEMPTIONS. 

2 (a) IN GENERAL.—Section 2 shall not apply to a cov3 ered regulation if the head of the agency— 

4 (1) makes a specific finding that the covered 

5 regulation— 

6 (A) is necessary due to an imminent threat 

7 to human health or safety, or any other emer8 gency; 

9 (B) is necessary for the enforcement of a 

10 criminal law; 

11 (C) has as its principal effect— 

12 (i) fostering private sector job cre13 ation and the enhancement of the competi14 tiveness of workers in the United States; 

15 (ii) encouraging economic growth; or 

16 (iii) repealing, narrowing, or stream17 lining a rule, regulation, or administrative 

18 process, or otherwise reducing regulatory 

19 burdens; 

20 (D) pertains to a military or foreign affairs 

21 function of the United States; or 

22 (E) is limited to interpreting, imple23 menting, or administering the Internal Revenue 

24 Code of 1986; and 

25 (2) submits the finding to Congress and pub26 lishes the finding in the Federal Register. 


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1 (b) REVIEW.—Not later than 10 days after the date 

2 of enactment of this Act each agency shall submit any cov3 ered regulation that the head of the agency determines 

4 is exempt under this section to the Office of Management 

5 and Budget and Congress. 

6 (c) NONDELEGABLE AUTHORITY.—The head of an 

7 agency may not delegate the authority provided under this 

8 section to exempt the application of any provision of this 

9 Act. 

10 SEC. 4. DEFINITIONS. 

11 In this Act: 

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

13 meaning given that term under section 3502(1) of 

14 title 44, United States Code. 

15 (2) COVERED REGULATION.—The term ‘‘cov16 ered regulation’’ means a final regulation that— 

17 (A) directly or indirectly increases costs on 

18 businesses in a manner which will have an ad19 verse effect on job creation, job retention, pro20 ductivity, competitiveness, or the efficient func21 tioning of the economy; 

22 (B) is likely to— 

23 (i) have an annual effect on the econ24 omy of $100,000,000 or more; 


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1 (ii) adversely affect in a material way 

2 the economy, a sector of the economy, pro3 ductivity, competition, jobs, the environ4 ment, public health or safety, or State, 

5 local, or tribal governments or commu6 nities; 

7 (iii) create a serious inconsistency or 

8 otherwise interfere with an action taken or 

9 planned by another agency; 

10 (iv) materially alter the budgetary im11 pact of entitlements, grants, user fees, or 

12 loan programs or the rights and obliga13 tions of recipients thereof; or 

14 (v) raise novel legal or policy issues; 

15 and 

16 (C) did not take effect before September 1, 

17 2011. 

18 (3) MORATORIUM PERIOD.—The term ‘‘morato19 rium period’’ means the period of time— 

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

21 enactment of this Act; and 

22 (B) ending January 20, 2013. 

Æ 


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