application or enforcement is required to pro-
tect against an imminent and serious threat 
to the national security of the United States. 
(d) REASONABLE
ATTORNEY’S
FEES
FOR 
SMALL BUSINESSES.—The court shall award 
reasonable attorney’s fees and costs to a sub-
stantially prevailing small business in any 
civil action arising under this Act. A small 
business may qualify as substantially pre-
vailing even without obtaining a final judg-
ment in its favor if the agency that took the 
final significant regulatory action changes its 
position after the civil action is filed. 
(e) LIMITATION ON COMMENCING CIVIL AC-
TION.—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 pro-
vision of law requires that a civil action be 
commenced before the expiration of that 1- 
year period, such lesser period shall apply. 
(f) SMALL BUSINESS DEFINED.—In this sec-
tion, the term ‘‘small business’’ means any 
business, including an unincorporated busi-
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ness 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. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has 
the meaning given that term under sec-
tion 551 of title 5, United States Code, ex-
cept that such term does not include— 
(A) the Federal Election Commis-
sion; 
(B) the Board of Governors of the 
Federal Reserve System; 
(C) the Federal Deposit Insurance 
Corporation; or 
(D) the United States Postal Serv-
ice. 
(2) FINAL SIGNIFICANT REGULATORY AC-
TION.—The term ‘‘final significant regu-
latory action’’ means the promulgation of 
any major rule or the issuance of any 
major guidance. 
(3) 
MAJOR
GUIDANCE.—The 
term 
‘‘major guidance’’ means any guidance 
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that the Administrator of the Office of In-
formation and Regulatory Affairs of the 
Office of Management and Budget finds is 
likely to result in— 
(A) an annual effect on the econ-
omy of $100,000,000 or more; 
(B) a major increase in costs or 
prices for consumers, individual in-
dustries, Federal, State, or local gov-
ernment agencies, or geographic re-
gions; or 
(C) significant adverse effects on 
competition, employment, investment, 
productivity, innovation, or on the 
ability of United States-based enter-
prises to compete with foreign-based 
enterprises in domestic and export 
markets. 
(4) MAJOR
RULE.—The term ‘‘major 
rule’’ means any rule that the Adminis-
trator of the Office of Information and 
Regulatory Affairs of the Office of Man-
agement and Budget finds is likely to re-
sult in— 
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(A) an annual effect on the econ-
omy of $100,000,000 or more; 
(B) a major increase in costs or 
prices for consumers, individual in-
dustries, Federal, State, or local gov-
ernment agencies, or geographic re-
gions; or 
(C) significant adverse effects on 
competition, employment, investment, 
productivity, innovation, or on the 
ability of United States-based enter-
prises to compete with foreign-based 
enterprises in domestic and export 
markets. 
(5) RULE.—The term ‘‘rule’’ has the 
meaning given that term under section 
551 of title 5, United States Code. 
Amend the title so as to read: ‘‘A bill to provide that 
no agency may take any final significant regulatory ac-
tion for two years or until the unemployment rate is 
equal to or less than 6.0 percent, whichever occurs ear-
lier, and for other purposes.’’. 
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Union Calendar No. 446 
112TH CONGRESS 
2D SESSION 
H. R. 4078 
[Report No. 112–461, Parts I and II] 
A BILL 
To provide that no agency may take any significant 
regulatory action until the unemployment rate is 
equal to or less than 6.0 percent. 
JULY 20, 2012 
Reported from the Committee on Oversight and Govern-
ment Reform with amendments, committed to the 
Committee of the Whole House on the State of the 
Union, and ordered to be printed 
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