(A) identify the significant regulatory ac-
tion and the scope of the requested waiver; 
(B) give all reasons why the significant reg-
ulatory action is necessary to protect the public 
health, safety, or welfare; and 
(C) explain why the significant regulatory 
action is ineligible for a Presidential waiver 
pursuant to subsection (b). 
(3) CONGRESSIONAL
ACTION.—Congress shall 
give expeditious consideration and take appropriate 
legislative action with respect to any submission by 
the President under this subsection. 
SEC. 5. JUDICIAL REVIEW. 
(a) REVIEW.—Any party adversely affected or ag-
grieved by any regulatory action taken in violation of this 
Act is entitled to judicial review in accordance with chapter 
7 of title 5, United States Code. Any determination by ei-
ther the President or the Secretary of Labor under this Act 
shall be subject to judicial review under such chapter. 
(b) 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. 
(c) RELIEF.—In granting any relief in any civil ac-
tion under this section, the court shall order the agency to 
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take corrective action consistent with this Act and chapter 
7 of title 5, United States Code, including remanding the 
significant regulatory action to the agency and enjoining 
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 na-
tional security of the United States. 
(d) REASONABLE ATTORNEY’S FEES FOR SMALL BUSI-
NESSES.—The court shall award reasonable attorney’s fees 
and costs to a substantially prevailing small business in 
any civil action arising under this Act. A small business 
may qualify as substantially prevailing even without ob-
taining a final judgment in its favor if the agency that 
took the significant regulatory action changes its position 
after the civil action is filed. 
(e) LIMITATION ON COMMENCING CIVIL ACTION.—A 
party 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 action or 
notice thereof, except that where another provision of law 
requires that a civil action be commenced before the expira-
tion of that 1-year period, such lesser period shall apply. 
(f) DEFINITION.—In this section, the term ‘‘small busi-
ness’’ means any business, including an unincorporated 
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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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory 
Freeze for Jobs Act of 2012’’. 
SEC. 2. MORATORIUM ON FINAL SIGNIFICANT REGU-
LATORY ACTIONS. 
An agency may not take any final signifi-
cant regulatory action during the period be-
ginning on the date of the enactment of this 
Act and ending on the date that is the earlier 
of— 
(1) two years after such date of enact-
ment; or 
(2) the date on which the national un-
employment rate, as published by the Bu-
reau of Labor Statistics, is first equal to 
or less than 6.0 percent. 
SEC. 3. WAIVERS AND EXCEPTIONS. 
(a) IN
GENERAL.—Notwithstanding any 
other provision of this Act, an agency may 
take final significant regulatory action only in 
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accordance with subsection (b), (c), (d), or (e) 
during the period described in section 2. 
(b) PRESIDENTIAL WAIVER.—An agency may 
take final significant regulatory action if the 
President determines that the final signifi-
cant regulatory action is— 
(1) necessary because of an imminent 
threat to health or safety or other emer-
gency; 
(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 im-
plementing an international trade agree-
ment. 
(c) DEREGULATORY EXCEPTION.—An agency 
may take a final significant regulatory action 
if the Administrator of the Office of Informa-
tion and Regulatory Affairs of the Office of 
Management and Budget certifies in writing 
that the final significant regulatory action is 
limited to repealing an existing rule. 
(d) EXCEPTION FOR THE DEPARTMENT OF DE-
FENSE AND THE DEPARTMENT OF VETERANS AF-
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FAIRS.—The Department of Defense and the 
Department of Veterans Affairs may take a 
final significant regulatory action if such ac-
tion affects the health or safety of members of 
the Armed Forces or veterans. 
(e) EXCEPTION FOR EQUAL PROTECTION AND 
CIVIL RIGHTS.—An agency may take a final sig-
nificant regulatory action if such action is 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 
final significant regulatory actions that estab-
lish, lead to, or otherwise rely on the use of 
a quota or preference based on age, race, reli-
gion, gender, national origin, or handicapped 
or disability status. 
SEC. 4. DETERMINATION OF MAJOR GUIDANCE. 
Before the issuance of any guidance, the 
head of an agency shall transmit any pro-
posed guidance to the Administrator of the 
Office of Information and Regulatory Affairs 
of the Office of Management and Budget, who 
shall make a finding as to whether such pro-
posed guidance is a major guidance. 
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