I 
112TH CONGRESS 
1ST SESSION H. R. 2898 
To provide that no agency may take any significant regulatory action until 
the unemployment rate is equal to or less than 7.7 percent. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2011 
Mr. RIBBLE (for himself, Mr. ROKITA, Mr. BENISHEK, and Mr. LONG) 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 provide that no agency may take any significant regu-
latory action until the unemployment rate is equal to 
or less than 7.7 percent. 
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 ‘‘Regulation Morato-
rium and Jobs Preservation Act of 2011’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘agency’’ has the meaning given 
under section 3502(1) of title 44, United States 
Code; 
(2) the term ‘‘regulatory action’’ means any 
substantive action by an agency that promulgates or 
is expected to lead to the promulgation of a final 
regulation, including notices of inquiry, advance no-
tices of proposed rulemaking, and notices of pro-
posed rulemaking; 
(3) the term ‘‘significant regulatory action’’ 
means any regulatory action that is likely to result 
in a rule or guidance that may— 
(A) have an annual effect on the economy 
of $100,000,000 or more or adversely affect in 
a material way the economy, a sector of the 
economy, productivity, competition, jobs, the 
environment, public health or safety, small enti-
ties, or State, local, or tribal governments or 
communities; 
(B) create a serious inconsistency or other-
wise interfere with an action taken or planned 
by another agency; 
(C) materially alter the budgetary impact 
of entitlements, grants, user fees, or loan pro-
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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 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 7.7 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 7.7 per-
cent. 
SEC. 4. WAIVERS. 
(a) NATIONAL
SECURITY
OR
NATIONAL
EMER-
GENCY.—The President may waive the application of sec-
tion 3 to any significant regulatory action, if the Presi-
dent— 
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(1) determines that the waiver is necessary on 
the basis of national security or a national emer-
gency; and 
(2) submits notification to Congress of that 
waiver and the reasons for that waiver. 
(b) ADDITIONAL WAIVERS.— 
(1) SUBMISSION.—The President may submit a 
request to Congress for a waiver of the application 
of section 3 to any significant regulatory action. 
(2) CONTENTS.—A submission under this sub-
section shall include— 
(A) an identification of the significant reg-
ulatory action; and 
(B) the reasons which necessitate a waiver 
for that significant regulatory action. 
(3) CONGRESSIONAL
ACTION.—Congress shall 
give expeditious consideration and take appropriate 
legislative action with respect to any waiver request 
submitted under this subsection. 
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 
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than $7,000,000 on the date a civil action arising under 
this Act is filed. 
(b) REVIEW.—Any person that is adversely affected 
or aggrieved by any significant regulatory action in viola-
tion of this Act is entitled to judicial review in accordance 
with chapter 7 of title 5, United States Code. 
(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 from persons or states engaged in hostile 
or military activities against the United States. 
(e) REASONABLE ATTORNEY FEES FOR SMALL BUSI-
NESSES.—The court shall award reasonable attorney fees 
and costs to a substantially prevailing small business in 
any civil action arising under this Act. A party qualifies 
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as substantially prevailing even without obtaining a final 
judgment in its favor if the agency changes its position 
as a result of the civil action. 
(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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