I 

112TH CONGRESS 

1ST SESSION H. R. 3487 

To encourage job creation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2011 

Mr. BUCHANAN introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, 

and Technology, Education and the Workforce, Small Business, and 

Oversight and Government Reform, 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 encourage job creation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Job Creation Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TRADE 


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Sec. 101. Sense of Congress regarding implementation of certain free trade 

agreements. 

Sec. 102. Sense of Congress regarding China’s intellectual property rights violations. 

TITLE II—TAX REFORM 

Sec. 201. Sense of Congress regarding tax reform. 

TITLE III—BALANCED BUDGET AMENDMENT 

Sec. 301. Sense of Congress regarding a balanced budget amendment. 

TITLE IV—ENERGY 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Leasing program for lands within the Coastal Plain. 

Sec. 404. Lease sales. 

Sec. 405. Grant of leases by the Secretary. 

Sec. 406. Lease terms and conditions. 

Sec. 407. Coastal Plain environmental protection. 

Sec. 408. Expedited judicial review. 

Sec. 409. Federal and State distribution of revenues. 

Sec. 410. Rights-of-way across the Coastal Plain. 

Sec. 411. Conveyance. 

Sec. 412. Local government impact aid and community service assistance. 

Sec. 413. ANWR Alternative Energy Trust Fund. 

TITLE V—REDUCTION IN FEDERAL WORKFORCE 

Sec. 501. Reduction in Federal workforce. 

TITLE VI—REPEAL OF EMPLOYER HEALTH INSURANCE 

MANDATE 

Sec. 601. Repeal of employer health insurance mandate. 

TITLE VII—SECRET BALLOT PROTECTION ACT 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. National Labor Relations Act. 

Sec. 704. Regulations. 

TITLE VIII—FEDERAL RULES OF CIVIL PROCEDURE 

IMPROVEMENTS 

Sec. 801. Attorney accountability. 

Sec. 802. Applicability of Rule 11 to State cases affecting interstate commerce. 

Sec. 803. Prevention of forum-shopping. 

Sec. 804. Rule of construction. 

Sec. 805. Three-strikes rule for suspending attorneys who commit multiple Rule 

11 violations. 

Sec. 806. Presumption of rule 11 violation for repeatedly relitigating same 

issue. 

Sec. 807. Enhanced sanctions for document destruction in pending Federal 

court proceedings. 


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Sec. 808. Ban on concealment of unlawful conduct. 

TITLE IX—REGULATORY FLEXIBILITY IMPROVEMENTS ACT OF 

2011 

Sec. 901. Short title. 

Sec. 902. Clarification and expansion of rules covered by the Regulatory Flexibility Act. 

Sec. 903. Requirements providing for more detailed analyses. 

Sec. 904. Repeal of waiver and delay authority; additional powers of the Chief 

Counsel for Advocacy. 

Sec. 905. Procedures for gathering comments. 

Sec. 906. Periodic review of rules. 

Sec. 907. Judicial review of compliance with the requirements of the Regulatory 

Flexibility Act available after publication of the final rule. 

Sec. 908. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. 

Sec. 909. Clerical amendments. 

1 TITLE I—TRADE 

2 SEC. 101. SENSE OF CONGRESS REGARDING IMPLEMENTA3 TION OF CERTAIN FREE TRADE AGREE4 MENTS. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Ninety-five percent of the world’s con7 sumers live outside the United States. 

8 (2) It is imperative to the United States econ9 omy that United States businesses sell their goods 

10 and services outside the United States. 

11 (3) Congress and the Administration are cur12 rently working to implement free trade agreements 

13 with Colombia, Panama, and South Korea. The 

14 United States International Trade Commission re15 cently reported that implementation of the three free 

16 trade agreements would increase United States ex17 ports by $13 billion, adding $10 billion to the Gross 


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1 Domestic Product of the United States. Such an in2 crease would support 250,000 American jobs. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) Congress should continue to work with the 

6 Administration to expand trading markets; 

7 (2) the President should pursue quick entry 

8 into force of the three trade agreements; and 

9 (3) the future growth of the United States 

10 economy requires this pro-growth strategy. 

11 SEC. 102. SENSE OF CONGRESS REGARDING CHINA’S INTEL12 LECTUAL PROPERTY RIGHTS VIOLATIONS. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) United States copyright industries suffer se15 vere losses due to piracy in China. 

16 (2) Counterfeiting remains pervasive in many 

17 retail and wholesale markets in China. 

18 (3) China also maintains market access bar19 riers, which delay entry into China for legitimate 

20 products and, thus, create commercial opportunities 

21 for infringing products. 

22 (4) According to a report by the United States 

23 International Trade Commission, Chinese piracy and 

24 counterfeiting of United States software and a wide 


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1 range of other intellectual property cost American 

2 businesses an estimated $48 billion in 2009. 

3 (5) The report also concluded that 2.1 million 

4 jobs could be created in the United States if China 

5 complied with its current international obligations to 

6 protect and enforce intellectual property rights. 

7 (6) The most direct jobs impact would come in 

8 high-tech and other innovative industries. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that China’s intellectual property rights violations 

11 are a problem for our economy. 

12 TITLE II—TAX REFORM 

13 SEC. 201. SENSE OF CONGRESS REGARDING TAX REFORM. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The Federal tax code is long, complex, anti16 quated, and stifling growth in our economy. 

17 (2) Comprehensive reform of the Federal tax 

18 code is needed to get Americans working again and 

19 our economy back on track. 

20 (3) Independent economists estimate that, when 

21 coupled with reduced Federal spending, comprehen22 sive tax reform could lead to the creation of 1 mil23 lion jobs in the first year alone. 


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1 (4) The Federal tax code has become so com2 plex that even the Commissioner of the Internal 

3 Revenue Service does not prepare his own taxes. 

4 (5) The Internal Revenue Service reports that 

5 the average person spends more than 21 hours to fill 

6 out the tax forms. 

7 (6) A USA Today editorial lampooned the com8 plexity by noting that the instruction booklet for Ap9 ple’s Ipad is one page, while the instruction booklet 

10 for this year’s IRS 1040 long form is 172 pages. 

11 (7) The Federal tax system needs to be re12 formed in order for the United States to once again 

13 be competitive in the international market. 

14 (8) Only Japan has a higher corporate tax rate 

15 than America, which has a combined Federal-State 

16 rate of 39.2 percent, and Japan has already indi17 cated its intent to lower its rate. 

18 (9) In 1960, 17 companies headquartered in 

19 the United States comprised 17 of the world’s larg20 est 20 companies—that’s 85 percent. By 2010, just 

21 6 companies headquartered in the United States— 

22 or a mere 30 percent—were ranked among the top 

23 20. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that reforming the Federal tax code will benefit 

3 American taxpayers and our economy. 

4 TITLE III—BALANCED BUDGET 

5 AMENDMENT 

6 SEC. 301. SENSE OF CONGRESS REGARDING A BALANCED 

7 BUDGET AMENDMENT. 

8 (a) FINDINGS.—The Congress finds that a balanced 

9 budget amendment would put the United States on a path 

10 to solvency and help bring stability to the economy. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that Congress needs to pass a balanced budget 

13 amendment to the United States Constitution and send 

14 it to the States for ratification. 

15 TITLE IV—ENERGY 

16 SEC. 401. SHORT TITLE. 

17 This title may be cited as the ‘‘American Energy 

18 Independence and Price Reduction Act’’. 

19 SEC. 402. DEFINITIONS. 

20 In this title: 

21 (1) COASTAL PLAIN.—The term ‘‘Coastal 

22 Plain’’ means that area described in appendix I to 

23 part 37 of title 50, Code of Federal Regulations. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’, except 

2 as otherwise provided, means the Secretary of the 

3 Interior or the Secretary’s designee. 

4 SEC. 403. LEASING PROGRAM FOR LANDS WITHIN THE 

5 COASTAL PLAIN. 

6 (a) IN GENERAL.—The Secretary shall take such ac7 tions as are necessary— 

8 (1) to establish and implement, in accordance 

9 with this title and acting through the Director of the 

10 Bureau of Land Management in consultation with 

11 the Director of the United States Fish and Wildlife 

12 Service, a competitive oil and gas leasing program 

13 that will result in an environmentally sound program 

14 for the exploration, development, and production of 

15 the oil and gas resources of the Coastal Plain; and 

16 (2) to administer the provisions of this title 

17 through regulations, lease terms, conditions, restric18 tions, prohibitions, stipulations, and other provisions 

19 that ensure the oil and gas exploration, development, 

20 and production activities on the Coastal Plain will 

21 result in no significant adverse effect on fish and 

22 wildlife, their habitat, subsistence resources, and the 

23 environment, including, in furtherance of this goal, 

24 by requiring the application of the best commercially 

25 available technology for oil and gas exploration, deVerDate Mar 15 2010 07:34 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3487.IH H3487

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1 velopment, and production to all exploration, devel2 opment, and production operations under this Act in 

3 a manner that ensures the receipt of fair market 

4 value by the public for the mineral resources to be 

5 leased. 

6 (b) REPEAL.— 

7 (1) REPEAL.—Section 1003 of the Alaska Na8 tional Interest Lands Conservation Act of 1980 (16 

9 U.S.C. 3143) is repealed. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 contents in section 1 of such Act is amended by 

12 striking the item relating to section 1003. 

13 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER14 TAIN OTHER LAWS.— 

15 (1) COMPATIBILITY.—For purposes of the Na16 tional Wildlife Refuge System Administration Act of 

17 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

18 leasing program and activities authorized by this 

19 section in the Coastal Plain are deemed to be com20 patible with the purposes for which the Arctic Na21 tional Wildlife Refuge was established, and no fur22 ther findings or decisions are required to implement 

23 this determination. 

24 (2) ADEQUACY OF THE DEPARTMENT OF THE

25 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT


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1 STATEMENT.—The ‘‘Final Legislative Environ2 mental Impact Statement’’ (April 1987) on the 

3 Coastal Plain prepared pursuant to section 1002 of 

4 the Alaska National Interest Lands Conservation 

5 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

6 of the National Environmental Policy Act of 1969 

7 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re8 quirements under the National Environmental Policy 

9 Act of 1969 that apply with respect to prelease ac10 tivities, including actions authorized to be taken by 

11 the Secretary to develop and promulgate the regula12 tions for the establishment of a leasing program au13 thorized by this title before the conduct of the first 

14 lease sale. 

15 (3) COMPLIANCE WITH NEPA FOR OTHER AC16 TIONS.—Before conducting the first lease sale under 

17 this title, the Secretary shall prepare an environ18 mental impact statement under the National Envi19 ronmental Policy Act of 1969 with respect to the ac20 tions authorized by this title that are not referred to 

21 in paragraph (2). Notwithstanding any other law, 

22 the Secretary is not required to identify nonleasing 

23 alternative courses of action or to analyze the envi24 ronmental effects of such courses of action. The Sec25 retary shall only identify a preferred action for such 


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1 leasing and a single leasing alternative, and analyze 

2 the environmental effects and potential mitigation 

3 measures for those two alternatives. The identifica4 tion of the preferred action and related analysis for 

5 the first lease sale under this title shall be completed 

6 within 18 months after the date of enactment of this 

7 Act. The Secretary shall only consider public com8 ments that specifically address the Secretary’s pre9 ferred action and that are filed within 20 days after 

10 publication of an environmental analysis. Notwith11 standing any other law, compliance with this para12 graph is deemed to satisfy all requirements for the 

13 analysis and consideration of the environmental ef14 fects of proposed leasing under this title. 

15 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR16 ITY.—Nothing in this title shall be considered to expand 

17 or limit State and local regulatory authority. 

18 (e) SPECIAL AREAS.— 

19 (1) IN GENERAL.—The Secretary, after con20 sultation with the State of Alaska, the city of 

21 Kaktovik, and the North Slope Borough, may des22 ignate up to a total of 45,000 acres of the Coastal 

23 Plain as a Special Area if the Secretary determines 

24 that the Special Area is of such unique character 

25 and interest so as to require special management 


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1 and regulatory protection. The Secretary shall des2 ignate as such a Special Area the Sadlerochit Spring 

3 area, comprising approximately 4,000 acres. 

4 (2) MANAGEMENT.—Each such Special Area 

5 shall be managed so as to protect and preserve the 

6 area’s unique and diverse character including its 

7 fish, wildlife, and subsistence resource values. 

8 (3) EXCLUSION FROM LEASING OR SURFACE

9 OCCUPANCY.—The Secretary may exclude any Spe10 cial Area from leasing. If the Secretary leases a Spe11 cial Area, or any part thereof, for purposes of oil 

12 and gas exploration, development, production, and 

13 related activities, there shall be no surface occu14 pancy of the lands comprising the Special Area. 

15 (4) DIRECTIONAL DRILLING.—Notwithstanding 

16 the other provisions of this subsection, the Secretary 

17 may lease all or a portion of a Special Area under 

18 terms that permit the use of horizontal drilling tech19 nology from sites on leases located outside the Spe20 cial Area. 

21 (f) LIMITATION ON CLOSED AREAS.—The Sec22 retary’s sole authority to close lands within the Coastal 

23 Plain to oil and gas leasing and to exploration, develop24 ment, and production is that set forth in this title. 

25 (g) REGULATIONS.— 


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1 (1) IN GENERAL.—The Secretary shall pre2 scribe such regulations as may be necessary to carry 

3 out this title, including rules and regulations relating 

4 to protection of the fish and wildlife, their habitat, 

5 subsistence resources, and environment of the Coast6 al Plain, by no later than 15 months after the date 

7 of enactment of this Act. 

8 (2) REVISION OF REGULATIONS.—The Sec9 retary shall periodically review and, if appropriate, 

10 revise the rules and regulations issued under sub11 section (a) to reflect any significant biological, envi12 ronmental, or engineering data that come to the Sec13 retary’s attention. 

14 SEC. 404. LEASE SALES. 

15 (a) IN GENERAL.—Lands may be leased pursuant to 

16 this title to any person qualified to obtain a lease for de17 posits of oil and gas under the Mineral Leasing Act (30 

18 U.S.C. 181 et seq.). 

19 (b) PROCEDURES.—The Secretary shall, by regula20 tion, establish procedures for— 

21 (1) receipt and consideration of sealed nomina22 tions for any area in the Coastal Plain for inclusion 

23 in, or exclusion (as provided in subsection (c)) from, 

24 a lease sale; 


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1 (2) the holding of lease sales after such nomina2 tion process; and 

3 (3) public notice of and comment on designa4 tion of areas to be included in, or excluded from, a 

5 lease sale. 

6 (c) LEASE SALE BIDS.—Bidding for leases under 

7 this title shall be by sealed competitive cash bonus bids. 

8 (d) ACREAGE MINIMUM IN FIRST SALE.—In the first 

9 lease sale under this title, the Secretary shall offer for 

10 lease those tracts the Secretary considers to have the 

11 greatest potential for the discovery of hydrocarbons, tak12 ing into consideration nominations received pursuant to 

13 subsection (b)(1), but in no case less than 200,000 acres. 

14 (e) TIMING OF LEASE SALES.—The Secretary 

15 shall— 

16 (1) conduct the first lease sale under this title 

17 within 22 months after the date of the enactment of 

18 this Act; 

19 (2) evaluate the bids in such sale and issue 

20 leases resulting from such sale, within 90 days after 

21 the date of the completion of such sale; and 

22 (3) conduct additional sales so long as sufficient 

23 interest in development exists to warrant, in the Sec24 retary’s judgment, the conduct of such sales. 


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1 SEC. 405. GRANT OF LEASES BY THE SECRETARY. 

2 (a) IN GENERAL.—The Secretary may grant to the 

3 highest responsible qualified bidder in a lease sale con4 ducted pursuant to section 404 any lands to be leased on 

5 the Coastal Plain upon payment by the lessee of such 

6 bonus as may be accepted by the Secretary. 

7 (b) SUBSEQUENT TRANSFERS.—No lease issued 

8 under this title may be sold, exchanged, assigned, sublet, 

9 or otherwise transferred except with the approval of the 

10 Secretary. Prior to any such approval the Secretary shall 

11 consult with, and give due consideration to the views of, 

12 the Attorney General. 

13 SEC. 406. LEASE TERMS AND CONDITIONS. 

14 (a) IN GENERAL.—An oil or gas lease issued pursu15 ant to this title shall— 

16 (1) provide for the payment of a royalty of not 

less than 121 17 ⁄2 percent in amount or value of the 

18 production removed or sold from the lease, as deter19 mined by the Secretary under the regulations appli20 cable to other Federal oil and gas leases; 

21 (2) provide that the Secretary may close, on a 

22 seasonal basis, portions of the Coastal Plain to ex23 ploratory drilling activities as necessary to protect 

24 caribou calving areas and other species of fish and 

25 wildlife; 


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1 (3) require that the lessee of lands within the 

2 Coastal Plain shall be fully responsible and liable for 

3 the reclamation of lands within the Coastal Plain 

4 and any other Federal lands that are adversely af5 fected in connection with exploration, development, 

6 production, or transportation activities conducted 

7 under the lease and within the Coastal Plain by the 

8 lessee or by any of the subcontractors or agents of 

9 the lessee; 

10 (4) provide that the lessee may not delegate or 

11 convey, by contract or otherwise, the reclamation re12 sponsibility and liability to another person without 

13 the express written approval of the Secretary; 

14 (5) provide that the standard of reclamation for 

15 lands required to be reclaimed under this title shall 

16 be, as nearly as practicable, a condition capable of 

17 supporting the uses which the lands were capable of 

18 supporting prior to any exploration, development, or 

19 production activities, or upon application by the les20 see, to a higher or better use as approved by the 

21 Secretary; 

22 (6) contain terms and conditions relating to 

23 protection of fish and wildlife, their habitat, subsist24 ence resources, and the environment as required 

25 pursuant to section 403(a)(2); 


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1 (7) provide that the lessee, its agents, and its 

2 contractors use best efforts to provide a fair share, 

3 as determined by the level of obligation previously 

4 agreed to in the 1974 agreement implementing sec5 tion 29 of the Federal Agreement and Grant of 

6 Right of Way for the Operation of the Trans-Alaska 

7 Pipeline, of employment and contracting for Alaska 

8 Natives and Alaska Native Corporations from 

9 throughout the State; 

10 (8) prohibit the export of oil produced under 

11 the lease; and 

12 (9) contain such other provisions as the Sec13 retary determines necessary to ensure compliance 

14 with the provisions of this title and the regulations 

15 issued under this title. 

16 (b) PROJECT LABOR AGREEMENTS.—The Secretary, 

17 as a term and condition of each lease under this title and 

18 in recognizing the Government’s proprietary interest in 

19 labor stability and in the ability of construction labor and 

20 management to meet the particular needs and conditions 

21 of projects to be developed under the leases issued pursu22 ant to this title and the special concerns of the parties 

23 to such leases, shall require that the lessee and its agents 

24 and contractors negotiate to obtain a project labor agree25 ment for the employment of laborers and mechanics on 


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1 production, maintenance, and construction under the 

2 lease. 

3 SEC. 407. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

4 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

5 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

6 The Secretary shall, consistent with the requirements of 

7 section 403, administer the provisions of this title through 

8 regulations, lease terms, conditions, restrictions, prohibi9 tions, stipulations, and other provisions that— 

10 (1) ensure the oil and gas exploration, develop11 ment, and production activities on the Coastal Plain 

12 will result in no significant adverse effect on fish 

13 and wildlife, their habitat, and the environment; 

14 (2) require the application of the best commer15 cially available technology for oil and gas explo16 ration, development, and production on all new ex17 ploration, development, and production operations; 

18 and 

19 (3) ensure that the maximum amount of sur20 face acreage covered by production and support fa21 cilities, including airstrips and any areas covered by 

22 gravel berms or piers for support of pipelines, does 

23 not exceed 2,000 acres on the Coastal Plain. 


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1 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

2 The Secretary shall also require, with respect to any pro3 posed drilling and related activities, that— 

4 (1) a site-specific analysis be made of the prob5 able effects, if any, that the drilling or related activi6 ties will have on fish and wildlife, their habitat, sub7 sistence resources, and the environment; 

8 (2) a plan be implemented to avoid, minimize, 

9 and mitigate (in that order and to the extent prac10 ticable) any significant adverse effect identified 

11 under paragraph (1); and 

12 (3) the development of the plan shall occur 

13 after consultation with the agency or agencies hav14 ing jurisdiction over matters mitigated by the plan. 

15 (c) REGULATIONS TO PROTECT COASTAL PLAIN

16 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

17 AND THE ENVIRONMENT.—Before implementing the leas18 ing program authorized by this title, the Secretary shall 

19 prepare and promulgate regulations, lease terms, condi20 tions, restrictions, prohibitions, stipulations, and other 

21 measures designed to ensure that the activities undertaken 

22 on the Coastal Plain under this title are conducted in a 

23 manner consistent with the purposes and environmental 

24 requirements of this title. 


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1 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI2 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

3 proposed regulations, lease terms, conditions, restrictions, 

4 prohibitions, and stipulations for the leasing program 

5 under this title shall require compliance with all applicable 

6 provisions of Federal and State environmental law, and 

7 shall also require the following: 

8 (1) Standards at least as effective as the safety 

9 and environmental mitigation measures set forth in 

10 items 1 through 29 at pages 167 through 169 of the 

11 ‘‘Final Legislative Environmental Impact State12 ment’’ (April 1987) on the Coastal Plain. 

13 (2) Seasonal limitations on exploration, develop14 ment, and related activities, where necessary, to 

15 avoid significant adverse effects during periods of 

16 concentrated fish and wildlife breeding, denning, 

17 nesting, spawning, and migration. 

18 (3) That exploration activities, except for sur19 face geological studies, be limited to the period be20 tween approximately November 1 and May 1 each 

21 year and that exploration activities shall be sup22 ported, if necessary, by ice roads, winter trails with 

23 adequate snow cover, ice pads, ice airstrips, and air 

24 transport methods, except that such exploration ac25 tivities may occur at other times if the Secretary 


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1 finds that such exploration will have no significant 

2 adverse effect on the fish and wildlife, their habitat, 

3 and the environment of the Coastal Plain. 

4 (4) Design safety and construction standards 

5 for all pipelines and any access and service roads, 

6 that— 

7 (A) minimize, to the maximum extent pos8 sible, adverse effects upon the passage of mi9 gratory species such as caribou; and 

10 (B) minimize adverse effects upon the flow 

11 of surface water by requiring the use of cul12 verts, bridges, and other structural devices. 

13 (5) Prohibitions on general public access and 

14 use on all pipeline access and service roads. 

15 (6) Stringent reclamation and rehabilitation re16 quirements, consistent with the standards set forth 

17 in this title, requiring the removal from the Coastal 

18 Plain of all oil and gas development and production 

19 facilities, structures, and equipment upon completion 

20 of oil and gas production operations, except that the 

21 Secretary may exempt from the requirements of this 

22 paragraph those facilities, structures, or equipment 

23 that the Secretary determines would assist in the 

24 management of the Arctic National Wildlife Refuge 


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1 and that are donated to the United States for that 

2 purpose. 

3 (7) Appropriate prohibitions or restrictions on 

4 access by all modes of transportation. 

5 (8) Appropriate prohibitions or restrictions on 

6 sand and gravel extraction. 

7 (9) Consolidation of facility siting. 

8 (10) Appropriate prohibitions or restrictions on 

9 use of explosives. 

10 (11) Avoidance, to the extent practicable, of 

11 springs, streams, and river system; the protection of 

12 natural surface drainage patterns, wetlands, and ri13 parian habitats; and the regulation of methods or 

14 techniques for developing or transporting adequate 

15 supplies of water for exploratory drilling. 

16 (12) Avoidance or minimization of air traffic-re17 lated disturbance to fish and wildlife. 

18 (13) Treatment and disposal of hazardous and 

19 toxic wastes, solid wastes, reserve pit fluids, drilling 

20 muds and cuttings, and domestic wastewater, includ21 ing an annual waste management report, a haz22 ardous materials tracking system, and a prohibition 

23 on chlorinated solvents, in accordance with applica24 ble Federal and State environmental law. 


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1 (14) Fuel storage and oil spill contingency plan2 ning. 

3 (15) Research, monitoring, and reporting re4 quirements. 

5 (16) Field crew environmental briefings. 

6 (17) Avoidance of significant adverse effects 

7 upon subsistence hunting, fishing, and trapping by 

8 subsistence users. 

9 (18) Compliance with applicable air and water 

10 quality standards. 

11 (19) Appropriate seasonal and safety zone des12 ignations around well sites, within which subsistence 

13 hunting and trapping shall be limited. 

14 (20) Reasonable stipulations for protection of 

15 cultural and archeological resources. 

16 (21) All other protective environmental stipula17 tions, restrictions, terms, and conditions deemed 

18 necessary by the Secretary. 

19 (e) CONSIDERATIONS.—In preparing and promul20 gating regulations, lease terms, conditions, restrictions, 

21 prohibitions, and stipulations under this section, the Sec22 retary shall consider the following: 

23 (1) The stipulations and conditions that govern 

24 the National Petroleum Reserve-Alaska leasing pro25 gram, as set forth in the 1999 Northeast National 


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1 Petroleum Reserve-Alaska Final Integrated Activity 

2 Plan/Environmental Impact Statement. 

3 (2) The environmental protection standards 

4 that governed the initial Coastal Plain seismic explo5 ration program under parts 37.31 to 37.33 of title 

6 50, Code of Federal Regulations. 

7 (3) The land use stipulations for exploratory 

8 drilling on the KIC–ASRC private lands that are set 

9 forth in appendix 2 of the August 9, 1983, agree10 ment between Arctic Slope Regional Corporation and 

11 the United States. 

12 (f) FACILITY CONSOLIDATION PLANNING.— 

13 (1) IN GENERAL.—The Secretary shall, after 

14 providing for public notice and comment, prepare 

15 and update periodically a plan to govern, guide, and 

16 direct the siting and construction of facilities for the 

17 exploration, development, production, and transpor18 tation of Coastal Plain oil and gas resources. 

19 (2) OBJECTIVES.—The plan shall have the fol20 lowing objectives: 

21 (A) Avoiding unnecessary duplication of fa22 cilities and activities. 

23 (B) Encouraging consolidation of common 

24 facilities and activities. 


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1 (C) Locating or confining facilities and ac2 tivities to areas that will minimize impact on 

3 fish and wildlife, their habitat, and the environ4 ment. 

5 (D) Utilizing existing facilities wherever 

6 practicable. 

7 (E) Enhancing compatibility between wild8 life values and development activities. 

9 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

10 shall— 

11 (1) manage public lands in the Coastal Plain 

12 subject to subsections (a) and (b) of section 811 of 

13 the Alaska National Interest Lands Conservation 

14 Act (16 U.S.C. 3121); and 

15 (2) ensure that local residents shall have rea16 sonable access to public lands in the Coastal Plain 

17 for traditional uses. 

18 SEC. 408. EXPEDITED JUDICIAL REVIEW. 

19 (a) FILING OF COMPLAINT.— 

20 (1) DEADLINE.—Subject to paragraph (2), any 

21 complaint seeking judicial review of any provision of 

22 this title or any action of the Secretary under this 

23 title shall be filed— 


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1 (A) except as provided in subparagraph 

2 (B), within the 90-day period beginning on the 

3 date of the action being challenged; or 

4 (B) in the case of a complaint based solely 

5 on grounds arising after such period, within 90 

6 days after the complainant knew or reasonably 

7 should have known of the grounds for the com8 plaint. 

9 (2) VENUE.—Any complaint seeking judicial re10 view of any provision of this title or any action of 

11 the Secretary under this title may be filed only in 

12 the United States Court of Appeals for the District 

13 of Columbia. 

14 (3) LIMITATION ON SCOPE OF CERTAIN RE15 VIEW.—Judicial review of a Secretarial decision to 

16 conduct a lease sale under this title, including the 

17 environmental analysis thereof, shall be limited to 

18 whether the Secretary has complied with the terms 

19 of this title and shall be based upon the administra20 tive record of that decision. The Secretary’s identi21 fication of a preferred course of action to enable 

22 leasing to proceed and the Secretary’s analysis of 

23 environmental effects under this title shall be pre24 sumed to be correct unless shown otherwise by clear 

25 and convincing evidence to the contrary. 


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1 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

2 Secretary with respect to which review could have been 

3 obtained under this section shall not be subject to judicial 

4 review in any civil or criminal proceeding for enforcement. 

5 SEC. 409. FEDERAL AND STATE DISTRIBUTION OF REVE6 NUES. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, of the amount of adjusted bonus, rental, and 

9 royalty revenues from Federal oil and gas leasing and op10 erations authorized under this title— 

11 (1) 50 percent shall be paid to the State of 

12 Alaska; and 

13 (2) except as provided in section 412(d), the 

14 balance shall be transferred to the ANWR Alter15 native Energy Trust Fund established by this title. 

16 (b) PAYMENTS TO ALASKA.—Payments to the State 

17 of Alaska under this section shall be made semiannually. 

18 SEC. 410. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

19 (a) IN GENERAL.—The Secretary shall issue rights20 of-way and easements across the Coastal Plain for the 

21 transportation of oil and gas— 

22 (1) except as provided in paragraph (2), under 

23 section 28 of the Mineral Leasing Act (30 U.S.C. 

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1 tional Interest Lands Conservation Act (30 U.S.C. 

2 3161 et seq.); and 

3 (2) under title XI of the Alaska National Inter4 est Lands Conservation Act (30 U.S.C. 3161 et 

5 seq.), for access authorized by sections 1110 and 

6 1111 of that Act (16 U.S.C. 3170 and 3171). 

7 (b) TERMS AND CONDITIONS.—The Secretary shall 

8 include in any right-of-way or easement issued under sub9 section (a) such terms and conditions as may be necessary 

10 to ensure that transportation of oil and gas does not result 

11 in a significant adverse effect on the fish and wildlife, sub12 sistence resources, their habitat, and the environment of 

13 the Coastal Plain, including requirements that facilities be 

14 sited or designed so as to avoid unnecessary duplication 

15 of roads and pipelines. 

16 (c) REGULATIONS.—The Secretary shall include in 

17 regulations under section 403(g) provisions granting 

18 rights-of-way and easements described in subsection (a) 

19 of this section. 

20 SEC. 411. CONVEYANCE. 

21 In order to maximize Federal revenues by removing 

22 clouds on title to lands and clarifying land ownership pat23 terns within the Coastal Plain, the Secretary, notwith24 standing the provisions of section 1302(h)(2) of the AlasVerDate Mar 15 2010 07:34 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3487.IH H3487

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1 ka National Interest Lands Conservation Act (16 U.S.C. 

2 3192(h)(2)), shall convey— 

3 (1) to the Kaktovik Inupiat Corporation the 

4 surface estate of the lands described in paragraph 1 

5 of Public Land Order 6959, to the extent necessary 

6 to fulfill the Corporation’s entitlement under sec7 tions 12 and 14 of the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1611 and 1613) in accordance 

9 with the terms and conditions of the Agreement be10 tween the Department of the Interior, the United 

11 States Fish and Wildlife Service, the Bureau of 

12 Land Management, and the Kaktovik Inupiat Cor13 poration effective January 22, 1993; and 

14 (2) to the Arctic Slope Regional Corporation 

15 the remaining subsurface estate to which it is enti16 tled pursuant to the August 9, 1983, agreement be17 tween the Arctic Slope Regional Corporation and the 

18 United States of America. 

19 SEC. 412. LOCAL GOVERNMENT IMPACT AID AND COMMU20 NITY SERVICE ASSISTANCE. 

21 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 

22 (1) IN GENERAL.—The Secretary may use 

23 amounts available from the Coastal Plain Local Gov24 ernment Impact Aid Assistance Fund established by 

25 subsection (d) to provide timely financial assistance 


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1 to entities that are eligible under paragraph (2) and 

2 that are directly impacted by the exploration for or 

3 production of oil and gas on the Coastal Plain under 

4 this title. 

5 (2) ELIGIBLE ENTITIES.—The North Slope 

6 Borough, the City of Kaktovik, and any other bor7 ough, municipal subdivision, village, or other com8 munity in the State of Alaska that is directly im9 pacted by exploration for, or the production of, oil 

10 or gas on the Coastal Plain under this title, as de11 termined by the Secretary, shall be eligible for finan12 cial assistance under this section. 

13 (b) USE OF ASSISTANCE.—Financial assistance 

14 under this section may be used only for— 

15 (1) planning for mitigation of the potential ef16 fects of oil and gas exploration and development on 

17 environmental, social, cultural, recreational, and sub18 sistence values; 

19 (2) implementing mitigation plans and main20 taining mitigation projects; 

21 (3) developing, carrying out, and maintaining 

22 projects and programs that provide new or expanded 

23 public facilities and services to address needs and 

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1 fighting, police, water, waste treatment, medivac, 

2 and medical services; and 

3 (4) establishment of a coordination office, by 

4 the North Slope Borough, in the City of Kaktovik, 

5 which shall— 

6 (A) coordinate with and advise developers 

7 on local conditions, impact, and history of the 

8 areas utilized for development; and 

9 (B) provide to the Committee on Resources 

10 of the House of Representatives and the Com11 mittee on Energy and Natural Resources of the 

12 Senate an annual report on the status of co13 ordination between developers and the commu14 nities affected by development. 

15 (c) APPLICATION.— 

16 (1) IN GENERAL.—Any community that is eligi17 ble for assistance under this section may submit an 

18 application for such assistance to the Secretary, in 

19 such form and under such procedures as the Sec20 retary may prescribe by regulation. 

21 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

22 community located in the North Slope Borough may 

23 apply for assistance under this section either directly 

24 to the Secretary or through the North Slope Bor25 ough. 


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1 (3) APPLICATION ASSISTANCE.—The Secretary 

2 shall work closely with and assist the North Slope 

3 Borough and other communities eligible for assist4 ance under this section in developing and submitting 

5 applications for assistance under this section. 

6 (d) ESTABLISHMENT OF FUND.— 

7 (1) IN GENERAL.—There is established in the 

8 Treasury the Coastal Plain Local Government Im9 pact Aid Assistance Fund. 

10 (2) USE.—Amounts in the fund may be used 

11 only for providing financial assistance under this 

12 section. 

13 (3) DEPOSITS.—Subject to paragraph (4), there 

14 shall be deposited into the fund amounts received by 

15 the United States as revenues derived from rents, 

16 bonuses, and royalties from Federal leases and lease 

17 sales authorized under this title. 

18 (4) LIMITATION ON DEPOSITS.—The total 

19 amount in the fund may not exceed $11,000,000. 

20 (5) INVESTMENT OF BALANCES.—The Sec21 retary of the Treasury shall invest amounts in the 

22 fund in interest bearing government securities. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—To pro24 vide financial assistance under this section there is author25 ized to be appropriated to the Secretary from the Coastal 


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1 Plain Local Government Impact Aid Assistance Fund 

2 $5,000,000 for each fiscal year. 

3 SEC. 413. ANWR ALTERNATIVE ENERGY TRUST FUND. 

4 (a) ESTABLISHMENT OF TRUST FUND.—There is es5 tablished in the Treasury of the United States a trust fund 

6 to be known as the ‘‘ANWR Alternative Energy Trust 

7 Fund’’, consisting of such amounts as may be transferred 

8 to the ANWR Alternative Energy Trust Fund as provided 

9 in section 409. 

10 (b) EXPENDITURES FROM ANWR ALTERNATIVE

11 ENERGY TRUST FUND.— 

12 (1) IN GENERAL.—Amounts in the ANWR Al13 ternative Energy Trust Fund shall be available with14 out further appropriation to carry out specified pro15 visions of the Energy Policy Act of 2005 (Public 

16 Law 109–58; in this section referred to as 

17 ‘‘EPAct2005’’) and the Energy Independence and 

18 Security Act of 2007 (Public Law 110–140; in this 

19 section referred to as ‘‘EISAct2007’’), as follows: 

To carry out the provisions of: 

The following percentage 

of annual receipts to the 

ANWR Alternative Energy 

Trust Fund, but not to exceed the limit on amount 

authorized, if any: 

EPAct2005: 

Section 210 ..................................... 1.5 percent 

Section 242 ..................................... 1.0 percent 

Section 369 ..................................... 2.0 percent 

Section 401 ..................................... 6.0 percent 

Section 812 ..................................... 6.0 percent 

Section 931 ..................................... 19.0 percent 


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To carry out the provisions of: 

The following percentage 

of annual receipts to the 

ANWR Alternative Energy 

Trust Fund, but not to exceed the limit on amount 

authorized, if any: 

Section 942 ..................................... 1.5 percent 

Section 962 ..................................... 3.0 percent 

Section 968 ..................................... 1.5 percent 

Section 1704 ................................... 6.0 percent 

EISAct2007: 

Section 207 ..................................... 15.0 percent 

Section 607 ..................................... 1.5 percent 

Title VI, Subtitle B ........................ 3.0 percent 

Title VI, Subtitle C ........................ 1.5 percent 

Section 641 ..................................... 9.0 percent 

Title VII, Subtitle A ....................... 15.0 percent 

Section 1112 ................................... 1.5 percent 

Section 1304 ................................... 6.0 percent. 

1 (2) APPORTIONMENT OF EXCESS AMOUNT.— 

2 Notwithstanding paragraph (1), any amounts allo3 cated under paragraph (1) that are in excess of the 

4 amounts authorized in the applicable cited section or 

5 subtitle of EPAct2005 and EISAct2007 shall be re6 allocated to the remaining sections and subtitles 

7 cited in paragraph (1), up to the amounts otherwise 

8 authorized by law to carry out such sections and 

9 subtitles, in proportion to the amounts authorized by 

10 law to be appropriated for such other sections and 

11 subtitles. 

12 TITLE V—REDUCTION IN 

13 FEDERAL WORKFORCE 

14 SEC. 501. REDUCTION IN FEDERAL WORKFORCE. 

15 (a) DEFINITION.—For the purpose of this section— 


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1 (1) the term ‘‘total number of Federal employ2 ees’’ means the total number of Federal employees 

3 in all agencies; 

4 (2) the term ‘‘Federal employee’’ means an em5 ployee as defined by section 2105 of title 5, United 

6 States Code; and 

7 (3) the term ‘‘agency’’ means an Executive 

8 agency as defined by section 105 of title 5, United 

9 States Code, excluding the Government Account10 ability Office. 

11 (b) LIMITATION.—The President, through the Office 

12 of Management and Budget (in consultation with the Of13 fice of Personnel Management), shall take appropriate 

14 measures to ensure that, effective beginning in fiscal year 

15 2015, the total number of Federal employees (as deter16 mined under subsection (c)) shall not exceed 90 percent 

17 of the total number of Federal employees as of September 

18 30, 2011 (as so determined). 

19 (c) MONITORING AND NOTIFICATION.—The Office of 

20 Management and Budget (in consultation with the Office 

21 of Personnel Management)— 

22 (1) shall continuously monitor all agencies and 

23 make a determination, as of September 30, 2011, 

24 and the last day of each quarter of each fiscal year 

25 beginning thereafter, as to whether or not the total 


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1 number of Federal employees exceeds the maximum 

2 number allowable under subsection (b); and 

3 (2) whenever a determination under paragraph 

4 (1) is made that the total number of Federal em5 ployees exceeds the maximum number allowable 

6 under subsection (b), shall provide written notice to 

7 that effect to the President and Congress within 14 

8 days after the last day of the quarter to which such 

9 determination relates. 

10 (d) COMPLIANCE.—Whenever, with respect to the 

11 quarter ending on September 30, 2014, or any subsequent 

12 quarter, the Office of Management and Budget provides 

13 written notice under subsection (c)(2) that the total num14 ber of Federal employees exceeds the maximum number 

15 allowable under subsection (b), no agency may thereafter 

16 appoint any employee to fill any vacancy within such agen17 cy until the Office of Management and Budget provides 

18 written notice to the President and Congress of a deter19 mination under subsection (c)(1) that the total number 

20 of Federal employees no longer exceeds the maximum 

21 number allowable under subsection (b). Any notice under 

22 the preceding sentence shall be provided within 14 days 

23 after the last day of the quarter to which the determina24 tion relates. 

25 (e) WAIVER.— 


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1 (1) EMERGENCIES.—This section may be 

2 waived upon a determination by the President 

3 that— 

4 (A) the existence of a state of war or other 

5 national security concern so requires; or 

6 (B) the existence of an extraordinary 

7 emergency threatening life, health, public safe8 ty, property, or the environment so requires. 

9 (2) AGENCY EFFICIENCY OR CRITICAL MIS10 SION.—This section may be waived, with respect to 

11 a particular position or category of positions in an 

12 agency, upon a determination by the President that 

13 the efficiency of the agency or the performance of a 

14 critical agency mission so requires. 

15 (f) REPLACEMENT RATE.—To the extent necessary 

16 to achieve the workforce reduction required by subsection 

17 (b), the Office of Management and Budget (in consulta18 tion with the Office of Personnel Management) shall take 

19 appropriate measures to ensure that agencies shall ap20 point no more than 1 employee for every 3 employees retir21 ing or otherwise separating from Government service after 

22 the date of the enactment of this Act. This subsection 

23 shall cease to apply after September 30, 2014. 


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1 (g) COUNTING RULE.—For purposes of this Act, any 

2 determination of the number of employees in an agency 

3 shall be expressed on a full-time equivalent basis. 

4 (h) LIMITATION ON PROCUREMENT OF SERVICE

5 CONTRACTS.—The President, through the Office of Man6 agement and Budget (in consultation with the Office of 

7 Personnel Management), shall take appropriate measures 

8 to ensure that there is no increase in the procurement of 

9 service contracts by reason of the enactment of this Act, 

10 except in cases in which a cost comparison demonstrates 

11 that such contracts would be to the financial advantage 

12 of the Government. 

13 (i) REGULATIONS.—Any regulations necessary to 

14 carry out this Act may be prescribed by the President or 

15 his designee. 

16 TITLE VI—REPEAL OF EM17 PLOYER HEALTH INSURANCE 

18 MANDATE 

19 SEC. 601. REPEAL OF EMPLOYER HEALTH INSURANCE MAN20 DATE. 

21 (a) IN GENERAL.—Chapter 43 of the Internal Rev22 enue Code of 1986 is amended by striking section 4980H. 

23 (b) REPEAL OF RELATED REPORTING REQUIRE24 MENTS.—Subpart D of part III of subchapter A of chap25 ter 61 of such Code is amended by striking section 6056. 


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1 (c) CONFORMING AMENDMENTS.— 

2 (1) Subparagraph (B) of section 6724(d)(1) of 

3 such Code is amended by inserting ‘‘or’’ at the end 

4 of clause (xxiii), by striking ‘‘and’’ at the end of 

5 clause (xxiv) and inserting ‘‘or’’, and by striking 

6 clause (xxv). 

7 (2) Paragraph (2) of section 6724(d) of such 

8 Code is amended by inserting ‘‘or’’ at the end of 

9 subparagraph (FF), by striking ‘‘, or’’ at the end of 

10 subparagraph (GG) and inserting a period, and by 

11 striking subparagraph (HH). 

12 (3) The table of sections for chapter 43 of such 

13 Code is amended by striking the item relating to sec14 tion 4980H. 

15 (4) The table of sections for subpart D of part 

16 III of subchapter A of chapter 61 of such Code is 

17 amended by striking the item relating to section 

18 6056. 

19 (5) Section 1513 of the Patient Protection and 

20 Affordable Care Act is amended by striking sub21 section (c). 

22 (d) EFFECTIVE DATES.— 

23 (1) IN GENERAL.—Except as otherwise pro24 vided in this subsection, the amendments made by 


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1 this section shall apply to months and other periods 

2 beginning after December 31, 2013. 

3 (2) REPEAL OF STUDY AND REPORT.—The 

4 amendment made by subsection (c)(5) shall take ef5 fect on the date of the enactment of this Act. 

6 TITLE VII—SECRET BALLOT 

7 PROTECTION ACT 

8 SEC. 701. SHORT TITLE. 

9 This title may be cited as the ‘‘Secret Ballot Protec10 tion Act’’. 

11 SEC. 702. FINDINGS. 

12 Congress finds that— 

13 (1) the importance of a secret ballot election 

14 has been recognized by the United States for over 

15 100 years; 

16 (2) the fundamental democratic right to choose 

17 by secret ballot is the only method that ensures a 

18 choice free of coercion, intimidation, irregularity, or 

19 illegality; 

20 (3) the recognition of a labor organization by 

21 way of a private agreement, rather than a secret bal22 lot election supervised by a neutral third party, 

23 threatens an employee’s right, codified in the Na24 tional Labor Relations Act, to choose whether or not 

25 to be represented by a labor organization; and 


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1 (4) preserving workers’ right to choose whether 

2 or not to be represented by a labor organization 

3 through a secret ballot election is important to the 

4 strength of the national economy. 

5 SEC. 703. NATIONAL LABOR RELATIONS ACT. 

6 (a) RECOGNITION OF REPRESENTATIVE.— 

7 (1) IN GENERAL.—Section 8(a)(2) of the Na8 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

9 amended by inserting before the colon the following: 

10 ‘‘or to recognize or bargain collectively with a labor 

11 organization that has not been selected by a major12 ity of employees in a unit appropriate for such pur13 poses in a secret ballot election conducted by the 

14 National Labor Relations Board in accordance with 

15 section 9’’. 

16 (2) APPLICATION.—The amendment made by 

17 paragraph (1) shall not apply to collective bar18 gaining relationships that were recognized before the 

19 date of enactment of this Act. 

20 (b) ELECTION REQUIRED.— 

21 (1) IN GENERAL.—Section 8(b) of the National 

22 Labor Relations Act (29 U.S.C. 158(b)), as amend23 ed by subsection (c) of this section, is amended— 

24 (A) by striking ‘‘and’’ at the end of para25 graph (6); 


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1 (B) by striking the period at the end of 

2 paragraph (7) and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(8) to cause or attempt to cause an employer 

5 to recognize or bargain collectively with a represent6 ative of a labor organization that has not been se7 lected by a majority of employees in a unit appro8 priate for such purposes in a secret ballot election 

9 conducted by the National Labor Relations Board in 

10 accordance with section 9.’’. 

11 (2) APPLICATION.—The amendment made by 

12 paragraph (1) shall not apply to collective bar13 gaining relationships that were recognized before the 

14 date of enactment of this Act. 

15 (c) SECRET BALLOT ELECTION REQUIRED.—Section 

16 9(a) of the National Labor Relations Act (29 U.S.C. 

17 159(a)), is amended— 

18 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

19 (2) by inserting after ‘‘designated or selected’’ 

20 the following: ‘‘by a secret ballot election conducted 

21 by the National Labor Relations Board in accord22 ance with this section’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(2) The secret ballot election requirement of 

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1 gaining relationships that were recognized before the 

2 date of enactment of the Secret Ballot Protection 

3 Act.’’. 

4 (d) CONFORMING AMENDMENTS.—Section 9(c)(1) of 

5 such Act (29 U.S.C. 159(c)(1)) is amended— 

6 (1) in subparagraph (A)— 

7 (A) in clause (i), by striking ‘‘and that 

8 their employer declines to recognize their rep9 resentative as the representative defined in sec10 tion 9(a)’’ and inserting ‘‘by a representative’’; 

11 and 

12 (B) in clause (ii), by striking ‘‘section 

13 9(a);’’ and inserting ‘‘subsection (a),’’; and 

14 (2) in subparagraph (B), by striking ‘‘alleging’’ 

15 and all that follows through ‘‘defined in section 

16 9(a)’’. 

17 SEC. 704. REGULATIONS. 

18 Not later than 6 months after the date of the enact19 ment of this Act the National Labor Relations Board shall 

20 review and revise all regulations promulgated before such 

21 date to implement the amendments made in this title to 

22 the National Labor Relations Act. 


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1 TITLE VIII—FEDERAL RULES OF 

2 CIVIL PROCEDURE IMPROVE3 MENTS 

4 SEC. 801. ATTORNEY ACCOUNTABILITY. 

5 Rule 11(c) of the Federal Rules of Civil Procedure 

6 is amended— 

7 (1) by amending the first sentence to read as 

8 follows: ‘‘If a pleading, motion, or other paper is 

9 signed in violation of this rule, the court, upon mo10 tion or upon its own initiative, shall impose upon the 

11 attorney, law firm, or parties that have violated this 

12 subdivision or are responsible for the violation, an 

13 appropriate sanction, which may include an order to 

14 pay the other party or parties for the reasonable ex15 penses incurred as a direct result of the filing of the 

16 pleading, motion, or other paper, that is the subject 

17 of the violation, including a reasonable attorney’s 

18 fee.’’; 

19 (2) in paragraph (1)(A)— 

20 (A) by striking ‘‘Rule 5’’ and all that fol21 lows through ‘‘corrected.’’ and inserting ‘‘Rule 

22 5.’’; and 

23 (B) by striking ‘‘the court may award’’ 

24 and inserting ‘‘the court shall award’’; and 


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1 (3) in paragraph (2), by striking ‘‘shall be lim2 ited to what is sufficient’’ and all that follows 

3 through the end of the paragraph (including sub4 paragraphs (A) and (B)) and inserting ‘‘shall be suf5 ficient to deter repetition of such conduct or com6 parable conduct by others similarly situated, and to 

7 compensate the parties that were injured by such 

8 conduct. The sanction may consist of an order to 

9 pay to the party or parties the amount of the rea10 sonable expenses incurred as a direct result of the 

11 filing of the pleading, motion, or other paper that is 

12 the subject of the violation, including a reasonable 

13 attorney’s fee.’’. 

14 SEC. 802. APPLICABILITY OF RULE 11 TO STATE CASES AF15 FECTING INTERSTATE COMMERCE. 

16 In any civil action in State court, the court, upon mo17 tion, shall determine within 30 days after the filing of such 

18 motion whether the action substantially affects interstate 

19 commerce. Such court shall make such determination 

20 based on an assessment of the costs to the interstate econ21 omy, including the loss of jobs, were the relief requested 

22 granted. If the court determines such action substantially 

23 affects interstate commerce, the provisions of Rule 11 of 

24 the Federal Rules of Civil Procedure shall apply to such 

25 action. 


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1 SEC. 803. PREVENTION OF FORUM-SHOPPING. 

2 (a) IN GENERAL.—Subject to subsection (b), a per3 sonal injury claim filed in State or Federal court may be 

4 filed only in the State and, within that State, in the county 

5 (or if there is no State court in the county, the nearest 

6 county where a court of general jurisdiction is located), 

7 or Federal district in which— 

8 (1) the person bringing the claim, including an 

9 estate in the case of a decedent and a parent or 

10 guardian in the case of a minor or incompetent— 

11 (A) resides at the time of filing; or 

12 (B) resided at the time of the alleged in13 jury; 

14 (2) the alleged injury or circumstances giving 

15 rise to the personal injury claim allegedly occurred; 

16 (3) the defendant’s principal place of business 

17 is located, if the defendant is a corporation; or 

18 (4) the defendant resides, if the defendant is an 

19 individual. 

20 (b) DETERMINATION OF MOST APPROPRIATE

21 FORUM.—If a person alleges that the injury or cir22 cumstances giving rise to the personal injury claim oc23 curred in more than one county (or Federal district), the 

24 trial court shall determine which State and county (or 

25 Federal district) is the most appropriate forum for the 

26 claim. If the court determines that another forum would 


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1 be the most appropriate forum for a claim, the court shall 

2 dismiss the claim. Any otherwise applicable statute of limi3 tations shall be tolled beginning on the date the claim was 

4 filed and ending on the date the claim is dismissed under 

5 this subsection. 

6 (c) DEFINITIONS.—In this section: 

7 (1) The term ‘‘personal injury claim’’— 

8 (A) means a civil action brought under 

9 State law by any person to recover for a per10 son’s personal injury, illness, disease, death, 

11 mental or emotional injury, risk of disease, or 

12 other injury, or the costs of medical monitoring 

13 or surveillance (to the extent such claims are 

14 recognized under State law), including any de15 rivative action brought on behalf of any person 

16 on whose injury or risk of injury the action is 

17 based by any representative party, including a 

18 spouse, parent, child, or other relative of such 

19 person, a guardian, or an estate; 

20 (B) does not include a claim brought as a 

21 class action; and 

22 (C) does not include a claim against a 

23 debtor in a case pending under title 11 of the 

24 United States Code that is a personal injury 

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1 ing of section 157(b)(5) of title 28, United 

2 States Code. 

3 (2) The term ‘‘person’’ means any individual, 

4 corporation, company, association, firm, partnership, 

5 society, joint stock company, or any other entity, but 

6 not any governmental entity. 

7 (3) The term ‘‘State’’ includes the District of 

8 Columbia, the Commonwealth of Puerto Rico, the 

9 United States Virgin Islands, Guam, and any other 

10 territory or possession of the United States. 

11 (d) APPLICABILITY.—This section applies to any per12 sonal injury claim filed in Federal or State court on or 

13 after the date of the enactment of this Act. 

14 SEC. 804. RULE OF CONSTRUCTION. 

15 Nothing in section 402 or in the amendments made 

16 by section 401 shall be construed to bar or impede the 

17 assertion or development of new claims or remedies under 

18 Federal, State, or local civil rights law. 

19 SEC. 805. THREE-STRIKES RULE FOR SUSPENDING ATTOR20 NEYS WHO COMMIT MULTIPLE RULE 11 VIO21 LATIONS. 

22 (a) MANDATORY SUSPENSION.—Whenever a Federal 

23 district court determines that an attorney has violated 

24 Rule 11 of the Federal Rules of Civil Procedure, the court 

25 shall determine the number of times that the attorney has 


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1 violated that rule in that Federal district court during that 

2 attorney’s career. If the court determines that the number 

3 is three or more, the Federal district court— 

4 (1) shall suspend that attorney from the prac5 tice of law in that Federal district court for one 

6 year; and 

7 (2) may suspend that attorney from the prac8 tice of law in that Federal district court for any ad9 ditional period that the court considers appropriate. 

10 (b) APPEAL; STAY.—An attorney has the right to ap11 peal a suspension under subsection (a). While such an ap12 peal is pending, the suspension shall be stayed. 

13 (c) REINSTATEMENT.—To be reinstated to the prac14 tice of law in a Federal district court after completion of 

15 a suspension under subsection (a), the attorney involved 

16 must first petition the court for reinstatement under such 

17 procedures and conditions as the court may prescribe. 

18 SEC. 806. PRESUMPTION OF RULE 11 VIOLATION FOR RE19 PEATEDLY RELITIGATING SAME ISSUE. 

20 Whenever a party presents to a Federal court a 

21 pleading, written motion, or other paper, that includes a 

22 claim or defense that the party has already litigated and 

23 lost on the merits in any forum in final decisions not sub24 ject to appeal on three consecutive occasions, and the 

25 claim or defense, respectively, involves the same plaintiff 


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1 and the same defendant on each occasion, there shall be 

2 a rebuttable presumption that the presentation of such 

3 paper is in violation of Rule 11 of the Federal Rules of 

4 Civil Procedure. 

5 SEC. 807. ENHANCED SANCTIONS FOR DOCUMENT DE6 STRUCTION IN PENDING FEDERAL COURT 

7 PROCEEDINGS. 

8 Whoever willfully and intentionally influences, ob9 structs, or impedes, or attempts to influence, or obstruct, 

10 or impede, a pending Federal court proceeding through 

11 the willful and intentional destruction of documents 

12 sought pursuant to the rules of such Federal court pro13 ceeding and highly relevant to that proceeding— 

14 (1) shall be punished with mandatory civil sanc15 tions of a degree commensurate with the civil sanc16 tions available under Rule 11 of the Federal Rules 

17 of Civil Procedure, in addition to any other civil 

18 sanctions that otherwise apply; and 

19 (2) shall be held in contempt of court; and if 

20 an attorney, referred to one or more appropriate 

21 State bar associations for disciplinary proceedings. 

22 SEC. 808. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. 

23 (a) IN GENERAL.—In any Rule 11 of the Federal 

24 Rules of Civil Procedure proceeding, a court may not order 

25 that a court record not be disclosed unless the court makes 


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1 a finding of fact that identifies the interest that justifies 

2 the order and determines that interest outweighs any in3 terest in the public health and safety that the court deter4 mines would be served by disclosing the court record. 

5 (b) APPLICABILITY.—This section applies to any 

6 record formally filed with a court, but shall not include 

7 any records subject to— 

8 (1) the attorney-client privilege or any other 

9 privilege recognized under Federal or State law that 

10 grants the right to prevent disclosure of certain in11 formation unless the privilege has been waived; or 

12 (2) applicable State or Federal laws that pro13 tect the confidentiality of crime victims, including 

14 victims of sexual abuse. 

15 TITLE IX—REGULATORY FLEXI16 BILITY IMPROVEMENTS ACT 

17 OF 2011 

18 SEC. 901. SHORT TITLE. 

19 This title may be cited as the ‘‘Regulatory Flexibility 

20 Improvements Act of 2011’’. 

21 SEC. 902. CLARIFICATION AND EXPANSION OF RULES COV22 ERED BY THE REGULATORY FLEXIBILITY 

23 ACT. 

24 (a) IN GENERAL.—Paragraph (2) of section 601 of 

25 title 5, United States Code, is amended to read as follows: 


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1 ‘‘(2) RULE.—The term ‘rule’ has the meaning 

2 given such term in section 551(4) of this title, ex3 cept that such term does not include a rule of par4 ticular (and not general) applicability relating to 

5 rates, wages, corporate or financial structures or re6 organizations thereof, prices, facilities, appliances, 

7 services, or allowances therefor or to valuations, 

8 costs or accounting, or practices relating to such 

9 rates, wages, structures, prices, appliances, services, 

10 or allowances.’’. 

11 (b) INCLUSION OF RULES WITH INDIRECT EF12 FECTS.—Section 601 of title 5, United States Code, is 

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(9) ECONOMIC IMPACT.—The term ‘economic 

16 impact’ means, with respect to a proposed or final 

17 rule— 

18 ‘‘(A) any direct economic effect on small 

19 entities of such rule; and 

20 ‘‘(B) any indirect economic effect on small 

21 entities which is reasonably foreseeable and re22 sults from such rule (without regard to whether 

23 small entities will be directly regulated by the 

24 rule).’’. 


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1 (c) INCLUSION OF RULES WITH BENEFICIAL EF2 FECTS.— 

3 (1) INITIAL REGULATORY FLEXIBILITY ANAL4 YSIS.—Subsection (c) of section 603 of title 5, 

5 United States Code, is amended by striking the first 

6 sentence and inserting ‘‘Each initial regulatory flexi7 bility analysis shall also contain a detailed descrip8 tion of alternatives to the proposed rule which mini9 mize any adverse significant economic impact or 

10 maximize any beneficial significant economic impact 

11 on small entities.’’. 

12 (2) FINAL REGULATORY FLEXIBILITY ANAL13 YSIS.—The first paragraph (6) of section 604(a) of 

14 title 5, United States Code, is amended by striking 

15 ‘‘minimize the significant economic impact’’ and in16 serting ‘‘minimize the adverse significant economic 

17 impact or maximize the beneficial significant eco18 nomic impact’’. 

19 (d) INCLUSION OF RULES AFFECTING TRIBAL ORGA20 NIZATIONS.—Paragraph (5) of section 601 of title 5, 

21 United States Code, is amended by inserting ‘‘and tribal 

22 organizations (as defined in section 4(l) of the Indian Self23 Determination and Education Assistance Act (25 U.S.C. 

24 450b(l))),’’ after ‘‘special districts,’’. 


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1 (e) INCLUSION OF LAND MANAGEMENT PLANS AND

2 FORMAL RULEMAKING.— 

3 (1) INITIAL REGULATORY FLEXIBILITY ANAL4 YSIS.—Subsection (a) of section 603 of title 5, 

5 United States Code, is amended in the first sen6 tence— 

7 (A) by striking ‘‘or’’ after ‘‘proposed 

8 rule,’’; and 

9 (B) by inserting ‘‘or publishes a revision or 

10 amendment to a land management plan,’’ after 

11 ‘‘United States,’’. 

12 (2) FINAL REGULATORY FLEXIBILITY ANAL13 YSIS.—Subsection (a) of section 604 of title 5, 

14 United States Code, is amended in the first sen15 tence— 

16 (A) by striking ‘‘or’’ after ‘‘proposed rule17 making,’’; and 

18 (B) by inserting ‘‘or adopts a revision or 

19 amendment to a land management plan,’’ after 

20 ‘‘section 603(a),’’. 

21 (3) LAND MANAGEMENT PLAN DEFINED.—Sec22 tion 601 of title 5, United States Code, is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(10) LAND MANAGEMENT PLAN.— 


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1 ‘‘(A) IN GENERAL.—The term ‘land man2 agement plan’ means— 

3 ‘‘(i) any plan developed by the Sec4 retary of Agriculture under section 6 of 

5 the Forest and Rangeland Renewable Re6 sources Planning Act of 1974 (16 U.S.C. 

7 1604); and 

8 ‘‘(ii) any plan developed by the Sec9 retary of Interior under section 202 of the 

10 Federal Land Policy and Management Act 

11 of 1976 (43 U.S.C. 1712). 

12 ‘‘(B) REVISION.—The term ‘revision’ 

13 means any change to a land management plan 

14 which— 

15 ‘‘(i) in the case of a plan described in 

16 subparagraph (A)(i), is made under section 

17 6(f)(5) of the Forest and Rangeland Re18 newable Resources Planning Act of 1974 

19 (16 U.S.C. 1604(f)(5)); or 

20 ‘‘(ii) in the case of a plan described in 

21 subparagraph (A)(ii), is made under sec22 tion 1610.5–6 of title 43, Code of Federal 

23 Regulations (or any successor regulation). 


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1 ‘‘(C) AMENDMENT.—The term ‘amend2 ment’ means any change to a land management 

3 plan which— 

4 ‘‘(i) in the case of a plan described in 

5 subparagraph (A)(i), is made under section 

6 6(f)(4) of the Forest and Rangeland Re7 newable Resources Planning Act of 1974 

8 (16 U.S.C. 1604(f)(4)) and with respect to 

9 which the Secretary of Agriculture pre10 pares a statement described in section 

11 102(2)(C) of the National Environmental 

12 Policy Act of 1969 (42 U.S.C. 

13 4332(2)(C)); or 

14 ‘‘(ii) in the case of a plan described in 

15 subparagraph (A)(ii), is made under sec16 tion 1610.5–5 of title 43, Code of Federal 

17 Regulations (or any successor regulation) 

18 and with respect to which the Secretary of 

19 the Interior prepares a statement described 

20 in section 102(2)(C) of the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 

22 4332(2)(C)).’’. 

23 (f) INCLUSION OF CERTAIN INTERPRETIVE RULES

24 INVOLVING THE INTERNAL REVENUE LAWS.— 


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1 (1) IN GENERAL.—Subsection (a) of section 

2 603 of title 5, United States Code, is amended by 

3 striking the period at the end and inserting ‘‘or a 

4 recordkeeping requirement, and without regard to 

5 whether such requirement is imposed by statute or 

6 regulation.’’. 

7 (2) COLLECTION OF INFORMATION.—Paragraph 

8 (7) of section 601 of title 5, United States Code, is 

9 amended to read as follows: 

10 ‘‘(7) COLLECTION OF INFORMATION.—The term 

11 ‘collection of information’ has the meaning given 

12 such term in section 3502(3) of title 44, United 

13 States Code.’’. 

14 (3) RECORDKEEPING REQUIREMENT.—Para15 graph (8) of section 601 of title 5, United States 

16 Code, is amended to read as follows: 

17 ‘‘(8) RECORDKEEPING REQUIREMENT.—The 

18 term ‘recordkeeping requirement’ has the meaning 

19 given such term in section 3502(13) of title 44, 

20 United States Code.’’. 

21 (g) DEFINITION OF SMALL ORGANIZATION.—Para22 graph (4) of section 601 of title 5, United States Code, 

23 is amended to read as follows: 

24 ‘‘(4) SMALL ORGANIZATION.— 


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1 ‘‘(A) IN GENERAL.—The term ‘small orga2 nization’ means any not-for-profit enterprise 

3 which, as of the issuance of the notice of pro4 posed rulemaking— 

5 ‘‘(i) in the case of an enterprise which 

6 is described by a classification code of the 

7 North American Industrial Classification 

8 System, does not exceed the size standard 

9 established by the Administrator of the 

10 Small Business Administration pursuant to 

11 section 3 of the Small Business Act (15 

12 U.S.C. 632) for small business concerns 

13 described by such classification code; and 

14 ‘‘(ii) in the case of any other enter15 prise, has a net worth that does not exceed 

16 $7,000,000 and has not more than 500 

17 employees. 

18 ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 

19 the case of any local labor organization, sub20 paragraph (A) shall be applied without regard 

21 to any national or international organization of 

22 which such local labor organization is a part. 

23 ‘‘(C) AGENCY DEFINITIONS.—Subpara24 graphs (A) and (B) shall not apply to the ex25 tent that an agency, after consultation with the 


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1 Office of Advocacy of the Small Business Ad2 ministration and after opportunity for public 

3 comment, establishes one or more definitions 

4 for such term which are appropriate to the ac5 tivities of the agency and publishes such defini6 tions in the Federal Register.’’. 

7 SEC. 903. REQUIREMENTS PROVIDING FOR MORE DE8 TAILED ANALYSES. 

9 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

10 Subsection (b) of section 603 of title 5, United States 

11 Code, is amended to read as follows: 

12 ‘‘(b) Each initial regulatory flexibility analysis re13 quired under this section shall contain a detailed state14 ment— 

15 ‘‘(1) describing the reasons why action by the 

16 agency is being considered; 

17 ‘‘(2) describing the objectives of, and legal basis 

18 for, the proposed rule; 

19 ‘‘(3) estimating the number and type of small 

20 entities to which the proposed rule will apply; 

21 ‘‘(4) describing the projected reporting, record22 keeping, and other compliance requirements of the 

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1 ment and the type of professional skills necessary 

2 for preparation of the report and record; 

3 ‘‘(5) describing all relevant Federal rules which 

4 may duplicate, overlap, or conflict with the proposed 

5 rule, or the reasons why such a description could not 

6 be provided; 

7 ‘‘(6) estimating the additional cumulative eco8 nomic impact of the proposed rule on small entities 

9 beyond that already imposed on the class of small 

10 entities by the agency or why such an estimate is 

11 not available; and 

12 ‘‘(7) describing any disproportionate economic 

13 impact on small entities or a specific class of small 

14 entities.’’. 

15 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

16 (1) IN GENERAL.—Section 604(a) of title 5, 

17 United States Code, is amended— 

18 (A) in paragraph (4), by striking ‘‘an ex19 planation’’ and inserting ‘‘a detailed expla20 nation’’; 

21 (B) in each of paragraphs (4), (5), and the 

22 first paragraph (6), by inserting ‘‘detailed’’ be23 fore ‘‘description’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(7) describing any disproportionate economic 

2 impact on small entities or a specific class of small 

3 entities.’’. 

4 (2) INCLUSION OF RESPONSE TO COMMENTS ON

5 CERTIFICATION OF PROPOSED RULE.—Paragraph 

6 (2) of section 604(a) of title 5, United States Code, 

7 is amended by inserting ‘‘(or certification of the pro8 posed rule under section 605(b))’’ after ‘‘initial reg9 ulatory flexibility analysis’’. 

10 (3) PUBLICATION OF ANALYSIS ON WEBSITE.— 

11 Subsection (b) of section 604 of title 5, United 

12 States Code, is amended to read as follows: 

13 ‘‘(b) The agency shall make copies of the final regu14 latory flexibility analysis available to the public, including 

15 placement of the entire analysis on the agency’s website, 

16 and shall publish in the Federal Register the final regu17 latory flexibility analysis, or a summary thereof which in18 cludes the telephone number, mailing address, and link to 

19 the website where the complete analysis may be ob20 tained.’’. 

21 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

22 Subsection (a) of section 605 of title 5, United States 

23 Code, is amended to read as follows: 

24 ‘‘(a) A Federal agency shall be treated as satisfying 

25 any requirement regarding the content of an agenda or 


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1 regulatory flexibility analysis under section 602, 603, or 

2 604, if such agency provides in such agenda or analysis 

3 a cross-reference to the specific portion of another agenda 

4 or analysis which is required by any other law and which 

5 satisfies such requirement.’’. 

6 (d) CERTIFICATIONS.—Subsection (b) of section 605 

7 of title 5, United States Code, is amended— 

8 (1) by inserting ‘‘detailed’’ before ‘‘statement’’; 

9 and 

10 (2) by inserting ‘‘and legal’’ after ‘‘factual’’. 

11 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

12 of title 5, United States Code, is amended to read as fol13 lows: 

14 ‘‘§ 607. Quantification requirements 

15 ‘‘In complying with sections 603 and 604, an agency 

16 shall provide— 

17 ‘‘(1) a quantifiable or numerical description of 

18 the effects of the proposed or final rule and alter19 natives to the proposed or final rule; or 

20 ‘‘(2) a more general descriptive statement and 

21 a detailed statement explaining why quantification is 

22 not practicable or reliable.’’. 


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1 SEC. 904. REPEAL OF WAIVER AND DELAY AUTHORITY; AD2 DITIONAL POWERS OF THE CHIEF COUNSEL 

3 FOR ADVOCACY. 

4 (a) IN GENERAL.—Section 608 is amended to read 

5 as follows: 

6 ‘‘§ 608. Additional powers of Chief Counsel for Advo7 cacy 

8 ‘‘(a)(1) Not later than 270 days after the date of the 

9 enactment of the Regulatory Flexibility Reform Act, the 

10 Chief Counsel for Advocacy of the Small Business Admin11 istration shall, after opportunity for notice and comment 

12 under section 553, issue rules governing agency compli13 ance with this chapter. The Chief Counsel may modify or 

14 amend such rules after notice and comment under section 

15 553. This chapter (other than this subsection) shall not 

16 apply with respect to the issuance, modification, and 

17 amendment of rules under this paragraph. 

18 ‘‘(2) An agency shall not issue rules which supple19 ment the rules issued under subsection (a) unless such 

20 agency has first consulted with the Chief Counsel for Ad21 vocacy to ensure that such supplemental rules comply with 

22 this chapter and the rules issued under paragraph (1). 

23 ‘‘(b) Notwithstanding any other law, the Chief Coun24 sel for Advocacy of the Small Business Administration 

25 may intervene in any agency adjudication (unless such 

26 agency is authorized to impose a fine or penalty under 


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1 such adjudication), and may inform the agency of the im2 pact that any decision on the record may have on small 

3 entities. The Chief Counsel shall not initiate an appeal 

4 with respect to any adjudication in which the Chief Coun5 sel intervenes under this subsection. 

6 ‘‘(c) The Chief Counsel for Advocacy may file com7 ments in response to any agency notice requesting com8 ment, regardless of whether the agency is required to file 

9 a general notice of proposed rulemaking under section 

10 553.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 611(a)(1) of such title is amended 

13 by striking ‘‘608(b),’’. 

14 (2) Section 611(a)(2) of such title is amended 

15 by striking ‘‘608(b),’’. 

16 (3) Section 611(a)(3) of such title is amend17 ed— 

18 (A) by striking subparagraph (B); and 

19 (B) by striking ‘‘(3)(A) A small entity’’ 

20 and inserting the following: 

21 ‘‘(3) A small entity’’. 

22 SEC. 905. PROCEDURES FOR GATHERING COMMENTS. 

23 Section 609 of title 5, United States Code, is amend24 ed by striking subsection (b) and all that follows and in25 serting the following: 


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1 ‘‘(b)(1) Prior to publication of any proposed rule de2 scribed in subsection (e), an agency making such rule shall 

3 notify the Chief Counsel for Advocacy of the Small Busi4 ness Administration and provide the Chief Counsel with— 

5 ‘‘(A) all materials prepared or utilized by the 

6 agency in making the proposed rule, including the 

7 draft of the proposed rule; and 

8 ‘‘(B) information on the potential adverse and 

9 beneficial economic impacts of the proposed rule on 

10 small entities and the type of small entities that 

11 might be affected. 

12 ‘‘(2) An agency shall not be required under para13 graph (1) to provide the exact language of any draft if 

14 the rule— 

15 ‘‘(A) relates to the internal revenue laws of the 

16 United States; or 

17 ‘‘(B) is proposed by an independent regulatory 

18 agency (as defined in section 3502(5) of title 44, 

19 United States Code). 

20 ‘‘(c) Not later than 15 days after the receipt of such 

21 materials and information under subsection (b), the Chief 

22 Counsel for Advocacy of the Small Business Administra23 tion shall— 

24 ‘‘(1) identify small entities or representatives of 

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1 pose of obtaining advice, input, and recommenda2 tions from those persons about the potential eco3 nomic impacts of the proposed rule and the compli4 ance of the agency with section 603 of this title; and 

5 ‘‘(2) convene a review panel consisting of an 

6 employee from the Office of Advocacy of the Small 

7 Business Administration, an employee from the 

8 agency making the rule, and in the case of an agen9 cy other than an independent regulatory agency (as 

10 defined in section 3502(5) of title 44, United States 

11 Code), an employee from the Office of Information 

12 and Regulatory Affairs of the Office of Management 

13 and Budget to review the materials and information 

14 provided to the Chief Counsel under subsection (b). 

15 ‘‘(d)(1) Not later than 60 days after the review panel 

16 described in subsection (c)(2) is convened, the Chief Coun17 sel for Advocacy of the Small Business Administration 

18 shall, after consultation with the members of such panel, 

19 submit a report to the agency and, in the case of an agen20 cy other than an independent regulatory agency (as de21 fined in section 3502(5) of title 44, United States Code), 

22 the Office of Information and Regulatory Affairs of the 

23 Office of Management and Budget. 

24 ‘‘(2) Such report shall include an assessment of the 

25 economic impact of the proposed rule on small entities and 


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1 a discussion of any alternatives that will minimize adverse 

2 significant economic impacts or maximize beneficial sig3 nificant economic impacts on small entities. 

4 ‘‘(3) Such report shall become part of the rulemaking 

5 record. In the publication of the proposed rule, the agency 

6 shall explain what actions, if any, the agency took in re7 sponse to such report. 

8 ‘‘(e) A proposed rule is described by this subsection 

9 if the Administrator of the Office of Information and Reg10 ulatory Affairs of the Office of Management and Budget, 

11 the head of the agency (or the delegatee of the head of 

12 the agency), or an independent regulatory agency deter13 mines that the proposed rule is likely to result in— 

14 ‘‘(1) an annual effect on the economy of 

15 $100,000,000 or more; 

16 ‘‘(2) a major increase in costs or prices for con17 sumers, individual industries, Federal, State, or local 

18 governments, tribal organizations, or geographic re19 gions; 

20 ‘‘(3) significant adverse effects on competition, 

21 employment, investment, productivity, innovation, or 

22 on the ability of United States-based enterprises to 

23 compete with foreign-based enterprises in domestic 

24 and export markets; or 


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1 ‘‘(4) a significant economic impact on a sub2 stantial number of small entities. 

3 ‘‘(f) Upon application by the agency, the Chief Coun4 sel for Advocacy of the Small Business Administration 

5 may waive the requirements of subsections (b) through (e) 

6 if the Chief Counsel determines that compliance with the 

7 requirements of such subsections are impracticable, un8 necessary, or contrary to the public interest.’’. 

9 SEC. 906. PERIODIC REVIEW OF RULES. 

10 Section 610 of title 5, United States Code, is amend11 ed to read as follows: 

12 ‘‘§ 610. Periodic review of rules 

13 ‘‘(a) Not later than 180 days after the enactment of 

14 the Regulatory Flexibility Improvements Act of 2011, 

15 each agency shall publish in the Federal Register and 

16 place on its website a plan for the periodic review of rules 

17 issued by the agency which the head of the agency deter18 mines have a significant economic impact on a substantial 

19 number of small entities. Such determination shall be 

20 made without regard to whether the agency performed an 

21 analysis under section 604. The purpose of the review 

22 shall be to determine whether such rules should be contin23 ued without change, or should be amended or rescinded, 

24 consistent with the stated objectives of applicable statutes, 

25 to minimize any adverse significant economic impacts or 


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1 maximize any beneficial significant economic impacts on 

2 a substantial number of small entities. Such plan may be 

3 amended by the agency at any time by publishing the revi4 sion in the Federal Register and subsequently placing the 

5 amended plan on the agency’s website. 

6 ‘‘(b) The plan shall provide for the review of all such 

7 agency rules existing on the date of the enactment of the 

8 Regulatory Flexibility Improvements Act of 2011 within 

9 10 years of the date of publication of the plan in the Fed10 eral Register and for review of rules adopted after the date 

11 of enactment of the Regulatory Flexibility Improvements 

12 Act of 2011 within 10 years after the publication of the 

13 final rule in the Federal Register. If the head of the agen14 cy determines that completion of the review of existing 

15 rules is not feasible by the established date, the head of 

16 the agency shall so certify in a statement published in the 

17 Federal Register and may extend the review for not longer 

18 than 2 years after publication of notice of extension in 

19 the Federal Register. Such certification and notice shall 

20 be sent to the Chief Counsel for Advocacy of the Small 

21 Business Administration and the Congress. 

22 ‘‘(c) Each agency shall annually submit a report re23 garding the results of its review pursuant to such plan 

24 to the Congress, the Chief Counsel for Advocacy of the 

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1 cies other than independent regulatory agencies (as de2 fined in section 3502(5) of title 44, United States Code) 

3 to the Administrator of the Office of Information and Reg4 ulatory Affairs of the Office of Management and Budget. 

5 Such report shall include the identification of any rule 

6 with respect to which the head of the agency made a deter7 mination described in paragraph (5) or (6) of subsection 

8 (d) and a detailed explanation of the reasons for such de9 termination. 

10 ‘‘(d) In reviewing a rule pursuant to subsections (a) 

11 through (c), the agency shall amend or rescind the rule 

12 to minimize any adverse significant economic impact on 

13 a substantial number of small entities or disproportionate 

14 economic impact on a specific class of small entities, or 

15 maximize any beneficial significant economic impact of the 

16 rule on a substantial number of small entities to the great17 est extent possible, consistent with the stated objectives 

18 of applicable statutes. In amending or rescinding the rule, 

19 the agency shall consider the following factors: 

20 ‘‘(1) The continued need for the rule. 

21 ‘‘(2) The nature of complaints received by the 

22 agency from small entities concerning the rule. 

23 ‘‘(3) Comments by the Regulatory Enforcement 

24 Ombudsman and the Chief Counsel for Advocacy of 

25 the Small Business Administration. 


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1 ‘‘(4) The complexity of the rule. 

2 ‘‘(5) The extent to which the rule overlaps, du3 plicates, or conflicts with other Federal rules and, 

4 unless the head of the agency determines it to be in5 feasible, State and local rules. 

6 ‘‘(6) The contribution of the rule to the cumu7 lative economic impact of all Federal rules on the 

8 class of small entities affected by the rule, unless the 

9 head of the agency determines that such calculations 

10 cannot be made and reports that determination in 

11 the annual report required under subsection (c). 

12 ‘‘(7) The length of time since the rule has been 

13 evaluated or the degree to which technology, eco14 nomic conditions, or other factors have changed in 

15 the area affected by the rule. 

16 ‘‘(e) The agency shall publish in the Federal Register 

17 and on its website a list of rules to be reviewed pursuant 

18 to such plan. Such publication shall include a brief de19 scription of the rule, the reason why the agency deter20 mined that it has a significant economic impact on a sub21 stantial number of small entities (without regard to wheth22 er it had prepared a final regulatory flexibility analysis 

23 for the rule), and request comments from the public, the 

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1 istration, and the Regulatory Enforcement Ombudsman 

2 concerning the enforcement of the rule.’’. 

3 SEC. 907. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE4 QUIREMENTS OF THE REGULATORY FLEXI5 BILITY ACT AVAILABLE AFTER PUBLICATION 

6 OF THE FINAL RULE. 

7 (a) IN GENERAL.—Paragraph (1) of section 611(a) 

8 of title 5, United States Code, is amended by striking 

9 ‘‘final agency action’’ and inserting ‘‘such rule’’. 

10 (b) JURISDICTION.—Paragraph (2) of such section is 

11 amended by inserting ‘‘(or which would have such jurisdic12 tion if publication of the final rule constituted final agency 

13 action)’’ after ‘‘provision of law,’’. 

14 (c) TIME FOR BRINGING ACTION.—Paragraph (3) of 

15 such section is amended— 

16 (1) by striking ‘‘final agency action’’ and insert17 ing ‘‘publication of the final rule’’; and 

18 (2) by inserting ‘‘, in the case of a rule for 

19 which the date of final agency action is the same 

20 date as the publication of the final rule,’’ after ‘‘ex21 cept that’’. 

22 (d) INTERVENTION BY CHIEF COUNSEL FOR ADVO23 CACY.—Subsection (b) of section 612 of title 5, United 

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1 riod ‘‘or agency compliance with section 601, 603, 604, 

2 605(b), 609, or 610’’. 

3 SEC. 908. JURISDICTION OF COURT OF APPEALS OVER 

4 RULES IMPLEMENTING THE REGULATORY 

5 FLEXIBILITY ACT. 

6 (a) IN GENERAL.—Section 2342 of title 28, United 

7 States Code, is amended— 

8 (1) in paragraph (6), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (7), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(8) all final rules under section 608(a) of title 

15 5, United States Code.’’. 

16 (b) CONFORMING AMENDMENTS.—Paragraph (3) of 

17 section 2341 of title 28, United States Code, is amended— 

18 (1) in subparagraph (D), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (E), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(F) the Office of Advocacy of the Small 

25 Business Administration, when the final rule is 


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1 under section 608(a) of title 5, United States 

2 Code.’’. 

3 (c) AUTHORIZATION TO INTERVENE AND COMMENT

4 ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE5 DURE.—Subsection (b) of section 612 of title 5, United 

6 States Code, is amended by inserting ‘‘chapter 5, and 

7 chapter 7,’’ after ‘‘this chapter,’’. 

8 SEC. 909. CLERICAL AMENDMENTS. 

9 (a) Section 601 of title 5, United States Code, is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) by striking the semicolon at the end 

13 and inserting a period; and 

14 (B) by striking ‘‘(1) the term’’ and insert15 ing the following: 

16 ‘‘(1) AGENCY.—The term’’; 

17 (2) in paragraph (3)— 

18 (A) by striking the semicolon at the end 

19 and inserting a period, and 

20 (B) by striking ‘‘(3) the term’’ and insert21 ing the following: 

22 ‘‘(3) SMALL BUSINESS.—The term’’; 

23 (3) in paragraph (5)— 

24 (A) by striking the semicolon at the end 

25 and inserting a period, and 


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1 (B) by striking ‘‘(5) the term’’ and insert2 ing the following: 

3 ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 

4 The term’’; and 

5 (4) in paragraph (6)— 

6 (A) by striking ‘‘; and’’ and inserting a pe7 riod, and 

8 (B) by striking ‘‘(6) the term’’ and insert9 ing the following: 

10 ‘‘(6) SMALL ENTITY.—The term’’. 

11 (b) The heading of section 605 of title 5, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 605. Incorporations by reference and certifi14 cations’’. 

15 (c) The table of sections for chapter 6 of title 5, 

16 United States Code, is amended— 

17 (1) by striking the item relating to section 605 

18 and inserting the following new item: 

‘‘605. Incorporations by reference and certifications’’; 

19 (2) by striking the item relating to section 607 

20 and inserting the following new item: 

‘‘607. Quantification requirements’’; 

21 and 

22 (3) by striking the item relating to section 608 

23 and inserting the following: 

‘‘608. Additional powers of Chief Counsel for Advocacy’’. 


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1 (d) Chapter 6 of title 5, United States Code, is 

2 amended as follows: 

3 (1) In section 603, by striking subsection (d). 

4 (2) In section 604(a) by striking the second 

5 paragraph (6). 

Æ 


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