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) intro-
duced the following bill; which was referred to the Committee on Over-
sight 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Economic 
Certainty Act of 2011’’. 
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cluding the anticipated net impact of the regulation or rule 
on employment. 
SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND 
JUDICIAL DEADLINES. 
(a) IN GENERAL.—Any deadline for, relating to, or 
involving any action dependent upon, any rulemaking ac-
tions authorized or required to be taken before the end 
of the moratorium period is extended for 5 months or until 
the end of the moratorium period, whichever is later. 
(b) DEADLINE
DEFINED.—The term ‘‘deadline’’ 
means any date certain for fulfilling any obligation or ex-
ercising any authority established by or under any Federal 
statute or regulation or rule, or by or under any court 
order implementing any Federal statute or regulation or 
rule. 
(c) IDENTIFICATION OF POSTPONED DEADLINES.— 
Not later than 30 days after the date of the enactment 
of this Act, the President shall identify and publish in the 
Federal Register a list of deadlines covered by subsection 
(a). 
SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS. 
(a) EMERGENCY EXCEPTION.—Section 3(a) or 4(a), 
or both, shall not apply to a rulemaking action if— 
(1) the head of a Federal agency otherwise au-
thorized to take the action submits a written request 
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to the Administrator of the Office of Information 
and Regulatory Affairs within the Office of Manage-
ment and Budget and submits a copy thereof to the 
appropriate committees of each House of the Con-
gress; 
(2) the Administrator of the Office of Informa-
tion and Regulatory Affairs within the Office of 
Management and Budget finds in writing that a 
waiver for the action is (A) necessary because of an 
imminent threat to health or safety or other emer-
gency, or (B) necessary for the enforcement of 
criminal laws; and 
(3) the Federal agency head publishes the find-
ing and waiver in the Federal Register. 
(b) EXCLUSIONS.—The head of an agency shall pub-
lish in the Federal Register any action excluded because 
of a certification under section 6(3)(B). 
(c) CIVIL RIGHTS EXCEPTION.—Section 3(a) or 4(a), 
or both, shall not apply to a rulemaking action to establish 
or enforce any statutory rights against discrimination on 
the basis of age, race, religion, gender, national origin, or 
handicapped or disability status except such rulemaking 
actions that establish, lead to, or otherwise rely on the 
use of a quota or preference based on age, race, religion, 
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gender, national origin, or handicapped or disability sta-
tus. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any executive department, military 
department, Government corporation, Government- 
controlled corporation, or other establishment in the 
executive branch of the Government (including the 
Executive Office of the President), or any inde-
pendent regulatory agency, but does not include— 
(A) the General Accounting Office; 
(B) the Federal Election Commission; 
(C) the governments of the District of Co-
lumbia and of the territories and possessions of 
the United States, and their various subdivi-
sions; 
(D) Government-owned contractor-oper-
ated facilities, including laboratories engaged in 
national defense research and production activi-
ties; 
(E) the Board of Governors of the Federal 
Reserve System; or 
(F) the Federal Deposit Insurance Cor-
poration. 
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(2) MORATORIUM PERIOD.—The term ‘‘morato-
rium period’’ means the two-year period beginning 
on the date occurring 30 days after the date of the 
enactment of this Act. 
(3) REGULATION OR RULE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘regulation or 
rule’’ means an agency statement of general ap-
plicability and future effect, which the agency 
intends to have the force and effect of law, that 
is designed to implement, interpret, or prescribe 
law or policy or to describe the procedure or 
practice requirements of an agency. 
(B) EXCEPTIONS.—The term ‘‘regulation 
or rule’’ does not include any of the following: 
(i) Regulations or rules that pertain 
to a military or foreign affairs function of 
the United States other than procurement 
regulations and regulations involving the 
import or export of non-defense articles 
and services. 
(ii) Regulations or rules that are lim-
ited to agency organization, management, 
or personnel matters. 
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(iii) Regulations or rules that the Ad-
ministrator of the Office of Information 
and Regulatory Affairs within the Office of 
Management and Budget certifies in writ-
ing are limited to repealing an existing 
regulation or rule. 
(iv) Regulations or rules that pertain 
to aviation safety. 
(v) Regulations or rules that grant an 
application for licenses, registrations, or 
similar authorities; grant or recognize ex-
emptions; grant a variance or petition for 
relief from a regulatory requirement or 
other action relieving a restriction; or any 
action necessary to permit new or im-
proved applications of technology or allow 
the manufacture, distribution, sale, or use 
of a substance or product. 
(4) RULEMAKING
ACTION.—The term ‘‘rule-
making action’’ means the formulation, amendment, 
or repeal of a regulation or rule by a Federal agen-
cy. 
(5) LICENSE.—The term ‘‘license’’ means the 
whole or part of an agency permit, certificate, ap-
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proval, registration, charter, membership, statutory 
exemption, or other form of permission. 
(6) IMMINENT THREAT TO HEALTH OR SAFE-
TY.—The term ‘‘imminent threat to health or safe-
ty’’ means the existence of any condition, cir-
cumstance, or practice reasonably expected to cause 
death, serious illness, or severe injury to humans, or 
substantial endangerment to private property during 
the moratorium period. 
SEC. 7. LIMITATION ON CIVIL ACTIONS. 
No private right of action may be brought against 
any Federal agency for a violation of this Act. This prohi-
bition shall not affect any private right of action or remedy 
otherwise available under any other law. 
Æ 
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