HR 2898 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2898CommentsClose CommentsPermalink

To provide that no agency may take any significant regulatory action until the unemployment rate is equal to or less than 7.7 percent.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 12, 2011CommentsClose CommentsPermalink

Mr. RIBBLE (for himself, Mr. ROKITA, Mr. BENISHEK, and Mr. LONG) 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide that no agency may take any significant regulatory action until the unemployment rate is equal to or less than 7.7 percent.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Regulation Moratorium and Jobs Preservation Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act--CommentsClose CommentsPermalink





(1) the term ‘agency’ has the meaning given under section 3502(1) of title 44, United States Code;CommentsClose CommentsPermalink





(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 notices of proposed rulemaking, and notices of proposed rulemaking;CommentsClose CommentsPermalink





(3) the term ‘significant regulatory action’ means any regulatory action that is likely to result in a rule or guidance that may--CommentsClose CommentsPermalink





(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 entities, or State, local, or tribal governments or communities;CommentsClose CommentsPermalink





(B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;CommentsClose CommentsPermalink





(C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; orCommentsClose CommentsPermalink





(D) raise novel legal or policy issues; andCommentsClose CommentsPermalink





(4) the term ‘small entities’ has the meaning given under section 601(6) of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 3. SIGNIFICANT REGULATORY ACTIONS.

(a) In General- No agency may take any significant regulatory action, until the Bureau of Labor Statistics average of monthly unemployment rates for any quarter beginning after the date of enactment of this Act is equal to or less than 7.7 percent.CommentsClose CommentsPermalink





(b) Determination- The Secretary of Labor shall submit a report to the Director of the Office of Management and Budget whenever the Secretary determines that the Bureau of Labor Statistics average of monthly unemployment rates for any quarter beginning after the date of enactment of this Act is equal to or less than 7.7 percent.CommentsClose CommentsPermalink

SEC. 4. WAIVERS.

(a) National Security or National Emergency- The President may waive the application of section 3 to any significant regulatory action, if the President--CommentsClose CommentsPermalink





(1) determines that the waiver is necessary on the basis of national security or a national emergency; andCommentsClose CommentsPermalink





(2) submits notification to Congress of that waiver and the reasons for that waiver.CommentsClose CommentsPermalink





(b) Additional Waivers-CommentsClose CommentsPermalink





(1) SUBMISSION- The President may submit a request to Congress for a waiver of the application of section 3 to any significant regulatory action.CommentsClose CommentsPermalink





(2) CONTENTS- A submission under this subsection shall include--CommentsClose CommentsPermalink





(A) an identification of the significant regulatory action; andCommentsClose CommentsPermalink





(B) the reasons which necessitate a waiver for that significant regulatory action.CommentsClose CommentsPermalink





(3) CONGRESSIONAL ACTION- Congress shall give expeditious consideration and take appropriate legislative action with respect to any waiver request submitted under this subsection.CommentsClose CommentsPermalink

SEC. 5. JUDICIAL REVIEW.

(a) Definition- In this section, the term ‘small business’ means any business, including an unincorporated 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.CommentsClose CommentsPermalink





(b) Review- Any person that is adversely affected or aggrieved by any significant regulatory action in violation of this Act is entitled to judicial review in accordance with chapter 7 of title 5, United States Code.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Relief- In granting any relief in any civil action under this section, the court shall order the agency to 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 regulatory 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.CommentsClose CommentsPermalink





(e) Reasonable Attorney Fees for Small Businesses- 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 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.CommentsClose CommentsPermalink





(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 action 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.CommentsClose CommentsPermalink