(C) materially alter the budgetary impact 
of entitlements, grants, user fees, or loan pro-
grams or the rights and obligations of recipi-
ents thereof; or 
(D) raise novel legal or policy issues; and 
(4) the term ‘‘small entities’’ has the meaning 
given such term under section 601(6) of title 5, 
United States Code. 
SEC. 3. SIGNIFICANT REGULATORY ACTIONS. 
(a) IN GENERAL.—No agency may take any signifi-
cant regulatory action, until the Bureau of Labor Statis-
tics average of monthly unemployment rates for any quar-
ter beginning after the date of enactment of this Act is 
equal to or less than 6.0 percent. 
(b) DETERMINATION.—The Secretary of Labor shall 
submit a report to the Director of the Office of Manage-
ment and Budget whenever the Secretary determines that 
the Bureau of Labor Statistics average of monthly unem-
ployment rates for any quarter beginning after the date 
of enactment of this Act is equal to or less than 6.0 per-
cent. 
SEC. 4. WAIVERS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, an agency may take a significant regu-
latory action if the President makes a determination under 
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subsection (b) and submits written notice of such deter-
mination to the Congress. 
(b) DETERMINATION
BY
THE PRESIDENT.—Sub-
section (a) applies to a determination made by the Presi-
dent by Executive order that an agency should take the 
significant regulatory action because such significant reg-
ulatory action is— 
(1) necessary because of an imminent threat to 
health or safety or other emergency; 
(2) necessary for the enforcement of criminal 
laws; 
(3) necessary for the national security of the 
United States; or 
(4) issued pursuant to any statute imple-
menting an international trade agreement. 
SEC. 5. JUDICIAL REVIEW. 
(a) DEFINITION.—In this section, the term ‘‘small 
business’’ means any business, including an unincor-
porated business or a sole proprietorship, that employs not 
more than 500 employees or that has a net worth of less 
than $7,000,000 on the date a civil action arising under 
this Act is filed. 
(b) REVIEW.—Any person who is adversely affected 
or aggrieved by any significant regulatory action in viola-
tion of this Act is entitled to judicial review in accordance 
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with chapter 7 of title 5, United States Code. Any deter-
mination by the President under this Act shall be subject 
to judicial review under such chapter. 
(c) JURISDICTION.—Each court having jurisdiction 
to review any significant regulatory action for compliance 
with any other provision of law shall have jurisdiction to 
review all claims under this Act. 
(d) RELIEF.—In granting any relief in any civil ac-
tion under this section, the court shall order the agency 
to take corrective action consistent with this Act and chap-
ter 7 of title 5, United States Code, including remanding 
the significant regulatory action to the agency and enjoin-
ing the application or enforcement of that significant regu-
latory action, unless the court finds by a preponderance 
of the evidence that application or enforcement is required 
to protect against an imminent and serious threat to the 
national security of the United States. 
(e) REASONABLE ATTORNEY’S FEES
FOR SMALL 
BUSINESSES.—The court shall award reasonable attor-
ney’s fees and costs to a substantially prevailing small 
business in any civil action arising under this Act. A party 
qualifies as substantially prevailing even without obtaining 
a final judgment in its favor if the agency that took the 
significant regulatory action changes its position after the 
civil action is filed. 
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(f) LIMITATION ON COMMENCING CIVIL ACTION.— 
A person may seek and obtain judicial review during the 
1-year period beginning on the date of the challenged 
agency action or within 90 days after an enforcement ac-
tion or notice thereof, except that where another provision 
of law requires that a civil action be commenced before 
the expiration of that 1-year period, such lesser period 
shall apply. 
Æ 
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