I 
112TH CONGRESS 
1ST SESSION 
H. R. 213 
To establish a moratorium on regulatory rulemaking actions, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2011 
Mr. YOUNG of Alaska (for himself, Mrs. MYRICK, and Mr. BURTON of Indi-
ana) introduced the following bill; which was referred to the Committee 
on Oversight 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 jurisdiction of the committee concerned 
A BILL 
To establish a moratorium on regulatory 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 ‘‘Regulation Audit Re-
vive Economy Act of 2011’’ or the ‘‘RARE Act of 2011’’. 
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SEC. 2. MORATORIUM ON REGULATIONS. 
Until the end of the moratorium period, a Federal 
agency may not take any regulatory rulemaking action, 
unless an exception is provided under section 4. 
SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND 
JUDICIAL DEADLINES. 
(a) IN GENERAL.—Any deadline for, relating to, or 
involving any action dependent upon any regulatory rule-
making actions 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 by or under any court order im-
plementing any Federal statute or regulation. 
(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. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS. 
(a) EMERGENCY EXCEPTION.—Section 2 or 3(a), or 
both, shall not apply to a regulatory rulemaking action 
if— 
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(1) the head of a Federal agency otherwise au-
thorized to take the action submits a written request 
to the Administrator of the Office of Information 
and Regulatory Affairs within the Office of Manage-
ment and Budget and submits a copy of such re-
quest to the Congress; 
(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 emergency; 
or 
(B) necessary for the enforcement of crimi-
nal laws; and 
(3) the head of the Federal agency publishes 
the finding 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(4)(B). 
(c) CIVIL RIGHTS EXCEPTION.—Section 2 or 3(a), 
or both, shall not apply to a regulatory rulemaking action 
to establish or enforce any statutory rights against dis-
crimination on the basis of age, race, religion, gender, na-
tional origin, or handicapped or disability status except 
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such rulemaking actions that establish, lead to, or other-
wise rely on the use of a quota or preference based on 
age, race, religion, gender, national origin, or handicapped 
or disability status. 
SEC. 5. REVIEW OF RULES. 
(a) REVIEW AND REPORT REQUIRED.—In accord-
ance with this section and as soon as practicable after the 
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget shall— 
(1) conduct a review of each rule that is being 
enforced as of the date of the enactment of this Act; 
and 
(2) submit to Congress and make available to 
the public a report on such review. 
(b) MATTERS COVERED.—The report under sub-
section (a) shall include the following: 
(1) An estimate of the total annual costs and 
benefits (including quantifiable and nonquantifiable 
effects) of each rule covered by the review, to the ex-
tent feasible. 
(2) Where applicable, recommendations for re-
form of an existing major rule. 
(3) The total number of minor and major rules 
that are being enforced as of the date of the enact-
ment of this Act. 
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(c) UNIFORM STANDARD.—The Director of Office of 
Management and Budget shall apply a uniform standard 
for figures and cost summaries in the report required 
under subsection (a). 
SEC. 6. DEFINITIONS. 
For purposes of this Act: 
(1) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any agency as that term is defined 
in section 551(1) of title 5, United States Code. 
(2) MAJOR RULE.—The term ‘‘major rule’’ has 
the meaning given that term in section 804 of title 
5, United States Code. 
(3) MORATORIUM PERIOD.—The term ‘‘morato-
rium period’’ means the period of time— 
(A) beginning 30 days after the date of the 
enactment of this Act; and 
(B) ending on the later of— 
(i) 14 days after the day on which the 
Director of the Office of Management and 
Budget publishes the report pursuant to 
section 5; or 
(ii) two years after the date of the en-
actment of this Act. 
(4) REGULATORY RULEMAKING ACTION.— 
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(A) IN GENERAL.—The term ‘‘regulatory 
rulemaking action’’ means any rulemaking on 
any rule normally published in the Federal Reg-
ister, including— 
(i) the issuance of any substantive 
rule, interpretative rule, statement of agen-
cy policy, notice of inquiry, advance notice 
of proposed rulemaking, or notice of pro-
posed rulemaking, and 
(ii) any other action taken in the 
course of the process of rulemaking (except 
a cost benefit analysis or risk assessment, 
or both). 
(B) EXCLUSIONS.—The term ‘‘regulatory 
rulemaking action’’ does not include— 
(i) any agency action that the head of 
the agency and the Administrator of the 
Office of Information and Regulatory Af-
fairs within the Office of Management and 
Budget certify in writing is limited to re-
pealing, narrowing, or streamlining a rule, 
regulation, or administrative process or 
otherwise reducing regulatory burdens; 
(ii) any agency action that the head of 
the agency and the Administrator of the 
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Office of Information and Regulatory Af-
fairs within the Office of Management and 
Budget certify in writing is limited to mat-
ters relating to military or foreign affairs 
functions, statutes implementing inter-
national trade agreements, including all 
agency actions required by the Uruguay 
Round Agreements Act, or agency manage-
ment, personnel, or public property, loans, 
grants, benefits, or contracts; 
(iii) any agency action that the head 
of the agency and the Administrator of the 
Office of Information and Regulatory Af-
fairs within the Office of Management and 
Budget certify in writing is limited to a 
routine administrative function of the 
agency; 
(iv) any agency action that— 
(I) is taken by an agency that su-
pervises and regulates insured deposi-
tory institutions, affiliates of such in-
stitutions, credit unions, or govern-
ment sponsored housing enterprises; 
and 
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(II) the head of the agency cer-
tifies would meet the standards for an 
exception or exclusion described in 
this Act; or 
(v) any agency action that the head of 
the agency certifies is limited to inter-
preting, implementing, or administering 
the internal revenue laws of the United 
States. 
(5) RULE.—The term ‘‘rule’’— 
(A) means the whole or a part of an agen-
cy statement of general or particular applica-
bility and future effect designed to implement, 
interpret, or prescribe law or policy; and 
(B) does not include— 
(i) the approval or prescription, on a 
case-by-case or consolidated case basis, for 
the future of rates, wages, corporation, or 
financial 
structures 
or 
reorganizations 
thereof, prices, facilities, appliances, serv-
ices or allowances therefor, or of valu-
ations, costs, or accounting, or practices 
bearing on any of the foregoing; 
(ii) any action taken in connection 
with the safety of aviation; 
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(iii) any action taken in connection 
with the implementation of monetary pol-
icy or to ensure the safety and soundness 
of federally insured depository institutions, 
any affiliate of such an institution, credit 
unions, or government sponsored housing 
enterprises or to protect the Federal de-
posit insurance funds; 
(iv) the granting an application for a 
license, registration, or similar authority, 
granting or recognizing an exemption, 
granting a variance or petition for relief 
from a regulatory requirement, or other 
action relieving a restriction (including any 
agency which establishes, modifies, or con-
ducts a regulatory program for a rec-
reational or subsistence activity, including 
hunting, fishing, and camping, if a Federal 
law prohibits the recreational or subsist-
ence activity in the absence of the agency 
action); or 
(v) taking any action necessary to per-
mit new or improved applications of tech-
nology or allow the manufacture, distribu-
tion, sale, or use of a substance or product. 
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(6) RULEMAKING.—The term ‘‘rulemaking’’ 
means agency process for formulating, amending, or 
repealing a rule. 
(7) LICENSE.—The term ‘‘license’’ means the 
whole or part of an agency permit, certificate, ap-
proval, registration, charter, membership, statutory 
exemption, or other form of permission. 
(8) 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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