II 

Calendar No. 203 

112TH CONGRESS 

1ST SESSION S. 1720 

To provide American jobs through economic growth. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2011 

Mr. MCCAIN (for himself, Mr. PAUL, Mr. PORTMAN, Mr. MCCONNELL, Mr. 

CHAMBLISS, Mr. COATS, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. 

GRASSLEY, Mr. HELLER, Mr. HOEVEN, Mrs. HUTCHISON, Mr. INHOFE, 

Mr. ISAKSON, Mr. JOHANNS, Mr. JOHNSON of Wisconsin, Mr. KIRK, Mr. 

LEE, Mr. LUGAR, Mr. ROBERTS, Mr. RUBIO, Mr. TOOMEY, Mr. WICKER, 

Mr. SHELBY, Mr. THUNE, Mr. GRAHAM, Mr. VITTER, Mr. ENZI, Mr. 

BARRASSO, Mr. BLUNT, Mr. BOOZMAN, Mr. SESSIONS, Mr. BURR, and 

Mr. MORAN) introduced the following bill; which was read the first time 

OCTOBER 18, 2011 

Read the second time and placed on the calendar 

A BILL 

To provide American jobs through economic growth. 

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 AND TABLE OF CONTENTS. 

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

5 ‘‘Jobs Through Growth Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

DIVISION A—SPENDING REFORM 

TITLE I—BALANCED BUDGET AMENDMENT TO THE 

CONSTITUTION 

Sec. 1101. Balanced Budget Amendment to the Constitution. 

TITLE II—ENHANCED RESCISSION AUTHORITY 

Sec. 1201. Purposes. 

Sec. 1202. Rescissions of funding. 

Sec. 1203. Technical and conforming amendments. 

Sec. 1204. Amendments to Part A of the Impoundment Control Act. 

Sec. 1205. Expiration. 

DIVISION B—TAX REFORM 

TITLE I—TAX REFORM FOR FAMILIES AND SMALL BUSINESSES 

Sec. 2101. Tax Reform for Families and Small Businesses. 

TITLE II—TAX REFORM FOR EMPLOYERS 

Sec. 2201. Reduction in corporate income tax rates and reform of business tax. 

TITLE III—WITHHOLDING TAX RELIEF ACT OF 2011 

Sec. 2301. Short title. 

Sec. 2302. Repeal of imposition of withholding on certain payments made to 

vendors by government entities. 

Sec. 2303. Rescission of unspent federal funds to offset loss in revenues. 

DIVISION C—REGULATION REFORM 

TITLE I—REPEALING THE JOB-KILLING HEALTH CARE LAW ACT 

Sec. 3101. Repeal of the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 

2010. 

Sec. 3102. Budgetary effects of this subtitle. 

TITLE II—MEDICAL CARE ACCESS PROTECTION ACT OF 2011 

Sec. 3201. Short title. 

Sec. 3202. Findings and purpose. 

Sec. 3203. Definitions. 

Sec. 3204. Encouraging speedy resolution of claims. 

Sec. 3205. Compensating patient injury. 

Sec. 3206. Maximizing patient recovery. 

Sec. 3207. Additional health benefits. 

Sec. 3208. Punitive damages. 

Sec. 3209. Authorization of payment of future damages to claimants in health 

care lawsuits. 


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Sec. 3210. Effect on other laws. 

Sec. 3211. State flexibility and protection of states’ rights. 

Sec. 3212. Applicability; effective date. 

TITLE III—FINANCIAL TAKEOVER REPEAL 

Sec. 3301. Repeal. 

TITLE IV—REGULATIONS FROM THE EXECUTIVE IN NEED OF 

SCRUTINY (REINS ACT) 

Sec. 3401. Short title. 

Sec. 3402. Findings and purpose. 

Sec. 3403. Congressional review of agency rulemaking. 

TITLE V—REGULATION MORATORIUM AND JOBS PRESERVATION 

ACT 

Sec. 3501. Short title. 

Sec. 3502. Definitions. 

Sec. 3503. Significant regulatory actions. 

Sec. 3504. Waivers. 

Sec. 3505. Judicial review. 

TITLE VI—FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE 

DEMANDS AND ONEROUS MANDATES ACT OF 2011 

Sec. 3601. Short title. 

Sec. 3602. Findings. 

Sec. 3603. Including indirect economic impact in small entity analyses. 

Sec. 3604. Judicial review to allow small entities to challenge proposed regulations. 

Sec. 3605. Periodic review. 

Sec. 3606. Requiring small business review panels for additional agencies. 

Sec. 3607. Expanding the Regulatory Flexibility Act to agency guidance documents. 

Sec. 3608. Requiring the Internal Revenue Service to consider small entity impact. 

Sec. 3609. Reporting on enforcement actions relating to small entities. 

Sec. 3610. Requiring more detailed small entity analyses. 

Sec. 3611. Ensuring that agencies consider small entity impact during the rulemaking process. 

Sec. 3612. Additional powers of the Office of Advocacy. 

Sec. 3613. Funding and offsets. 

Sec. 3614. Technical and conforming amendments. 

TITLE VII—UNFUNDED MANDATES ACCOUNTABILITY ACT 

Sec. 3701. Short title. 

Sec. 3702. Findings. 

Sec. 3703. Regulatory impact analyses for certain rules. 

Sec. 3704. Least burdensome option or explanation required. 

Sec. 3705. Inclusion of application to independent regulatory agencies. 

Sec. 3706. Judicial review. 

Sec. 3707. Effective date. 

TITLE VIII—GOVERNMENT LITIGATION SAVINGS ACT 


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Sec. 3801. Short title. 

Sec. 3802. Modification of Equal Access to Justice provisions. 

Sec. 3803. GAO study. 

TITLE IX—EMPLOYMENT PROTECTION ACT OF 2011 

Sec. 3901. Short title. 

Sec. 3902. Impacts of EPA regulatory activity on employment and economic 

activity. 

TITLE X—FARM DUST REGULATION PREVENTION ACT 

Sec. 3931. Short title. 

Sec. 3932. Nuisance dust. 

Sec. 3933. Temporary prohibition against revising any national ambient air 

quality standard applicable to coarse particulate matter. 

TITLE XI—NATIONAL LABOR RELATIONS BOARD REFORM 

Sec. 3951. Short title. 

Sec. 3952. Authority of the NLRB. 

Sec. 3953. Retroactivity. 

TITLE XII—GOVERNMENT NEUTRALITY IN CONTRACTING ACT 

Sec. 3971. Short title. 

Sec. 3972. Purposes. 

Sec. 3973. Preservation of open competition and Federal Government neutrality. 

TITLE XIII—FINANCIAL REGULATORY RESPONSIBILITY ACT 

Sec. 3981. Short title. 

Sec. 3982. Definitions. 

Sec. 3983. Required regulatory analysis. 

Sec. 3984. Rule of construction. 

Sec. 3985. Public availability of data and regulatory analysis. 

Sec. 3986. Five-year regulatory impact analysis. 

Sec. 3987. Retrospective review of existing rules. 

Sec. 3988. Judicial review. 

Sec. 3989. Chief Economists Council. 

Sec. 3990. Conforming amendments. 

Sec. 3991. Other regulatory entities. 

Sec. 3992. Avoidance of duplicative or unnecessary analyses. 

Sec. 3993. Severability. 

TITLE XIV—REGULATORY RESPONSIBILITY FOR OUR ECONOMY 

ACT 

Sec. 3994. Short title. 

Sec. 3995. Definitions. 

Sec. 3996. Agency requirements. 

Sec. 3997. Public participation. 

Sec. 3998. Integration and innovation. 

Sec. 3999. Flexible approaches. 

Sec. 3999A. Science. 

Sec. 3999B. Retrospective analyses of existing rules. 


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TITLE XV—REDUCING REGULATORY BURDENS ACT 

Sec. 3999C. Short title. 

Sec. 3999D. Use of authorized pesticides. 

Sec. 3999E. Discharges of pesticides. 

DIVISION D—DOMESTIC ENERGY JOB PROMOTION 

TITLE I—DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT 

REDUCTION ACT 

Sec. 4101. Short title. 

Subtitle A—Outer Continental Shelf Leasing 

Sec. 4111. Leasing program considered approved. 

Sec. 4112. Lease sales. 

Sec. 4113. Applications for permits to drill. 

Sec. 4114. Lease sales for certain areas. 

Subtitle B—Regulatory Streamlining 

Sec. 4131. Commercial leasing program for oil shale resources on public land. 

Sec. 4132. Jurisdiction over covered energy projects. 

Sec. 4133. Environmental impact statements. 

Sec. 4134. Clean air regulation. 

Sec. 4135. Employment effects of actions under Clean Air Act. 

Sec. 4136. Endangered species. 

Sec. 4137. Reissuance of permits and leases. 

Sec. 4138. Central Valley Project. 

Sec. 4139. Beaufort Sea oil drilling project. 

Sec. 4140. Environmental legal fees. 

TITLE II—JOBS AND ENERGY PERMITTING ACT 

Sec. 4201. Short title. 

Sec. 4202. Air quality measurement. 

Sec. 4203. Outer Continental Shelf source. 

Sec. 4204. Permits. 

TITLE III—AMERICAN ENERGY AND WESTERN JOBS ACT 

Sec. 4301. Short title. 

Sec. 4302. Rescission of certain instruction memoranda. 

Sec. 4303. Amendments to the Mineral Leasing Act. 

Sec. 4304. Annual report on revenues generated from multiple use of public 

land. 

Sec. 4305. Federal onshore oil and natural gas production goal. 

Sec. 4306. Oil shale. 

TITLE IV—MINING JOBS PROTECTION ACT 

Sec. 4401. Short title. 

Sec. 4402. Permits for dredged or fill material. 

Sec. 4403. Review of permits. 

TITLE V—ENERGY TAX PREVENTION ACT 

Sec. 4501. Short title. 


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Sec. 4502. No regulation of emissions of greenhouse gases. 

Sec. 4503. Preserving one national standard for automobiles. 

TITLE VI—REPEAL RESTRICTIONS ON GOVERNMENT USE OF 

DOMESTIC ALTERNATIVE FUELS 

Sec. 4601. Repeal of unnecessary barrier to domestic fuel production. 

TITLE VII—PUBLIC LANDS JOB CREATION ACT 

Sec. 4701. Short title. 

Sec. 4702. Review of certain Federal Register Notices. 

DIVISION E—EXPORT PROMOTION 

Sec. 5001. Short title. 

Sec. 5002. Renewal of trade promotion authority. 

Sec. 5003. Modification of standard for provisions that may be included in implementing bills. 

1 DIVISION A—SPENDING REFORM 

2 TITLE I—BALANCED BUDGET 

3 AMENDMENT TO THE CON4 STITUTION 

5 SEC. 1101. BALANCED BUDGET AMENDMENT TO THE CON6 STITUTION. 

7 It is the sense of Congress that S.J. Res 10 should 

8 be passed and submitted to the states for ratification not 

9 later than 90 days after the date of enactment of this Act. 

10 TITLE II—ENHANCED 

11 RESCISSION AUTHORITY 

12 SEC. 1201. PURPOSES. 

13 The purpose of this title is to create an optional fast14 track procedure the President may use when submitting 

15 rescission requests, which would lead to an up-or-down 

16 vote by Congress on the President’s package of rescissions, 

17 without amendment. 


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1 SEC. 1202. RESCISSIONS OF FUNDING. 

2 The Impoundment Control Act of 1974 is amended 

3 by striking part C and inserting the following: 

4 ‘‘PART C—EXPEDITED CONSIDERATION OF 

5 PROPOSED RESCISSIONS 

6 ‘‘SEC. 1021. APPLICABILITY AND DISCLAIMER. 

7 ‘‘The rules, procedures, requirements, and definitions 

8 in this part apply only to executive and legislative actions 

9 explicitly taken under this part. They do not apply to ac10 tions taken under part B or to other executive and legisla11 tive actions not taken under this part. 

12 ‘‘SEC. 1022. DEFINITIONS. 

13 ‘‘In this part: 

14 ‘‘(1) The terms ‘appropriations Act’, ‘budget 

15 authority’, and ‘new budget authority’ have the same 

16 meanings as in section 3 of the Congressional Budg17 et Act of 1974. 

18 ‘‘(2) The terms ‘account’, ‘current year’, ‘CBO’, 

19 and ‘OMB’ have the same meanings as in section 

20 250 of the Balanced Budget and Emergency Deficit 

21 Control Act of 1985 as in effect on September 30, 

22 2002. 

23 ‘‘(3) The term ‘days of session’ shall be cal24 culated by excluding weekends and national holidays. 

25 Any day during which a chamber of Congress is not 

26 in session shall not be counted as a day of session 


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1 of that chamber. Any day during which neither 

2 chamber is in session shall not be counted as a day 

3 of session of Congress. 

4 ‘‘(4) The term ‘entitlement law’ means the stat5 utory mandate or requirement of the United States 

6 to incur a financial obligation unless that obligation 

7 is explicitly conditioned on the appropriation in sub8 sequent legislation of sufficient funds for that pur9 pose, and the Supplemental Nutrition Assistance 

10 Program. 

11 ‘‘(5) The term ‘funding’ refers to new budget 

12 authority and obligation limits except to the extent 

13 that the funding is provided for entitlement law. 

14 ‘‘(6) The term ‘rescind’ means to eliminate or 

15 reduce the amount of enacted funding. 

16 ‘‘(7) The terms ‘withhold’ and ‘withholding’ 

17 apply to any executive action or inaction that pre18 cludes the obligation of funding at a time when it 

19 would otherwise have been available to an agency for 

20 obligation. The terms do not include administrative 

21 or preparatory actions undertaken prior to obligation 

22 in the normal course of implementing budget laws. 


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1 ‘‘SEC. 1023. TIMING AND PACKAGING OF RESCISSION RE2 QUESTS. 

3 ‘‘(a) TIMING.—If the President proposes that Con4 gress rescind funding under the procedures in this part, 

5 OMB shall transmit a message to Congress containing the 

6 information specified in section 1024, and the message 

7 transmitting the proposal shall be sent to Congress not 

8 later than 45 calendar days after the date of enactment 

9 of the funding. 

10 ‘‘(b) PACKAGING AND TRANSMITTAL OF REQUESTED

11 RESCISSIONS.—Except as provided in subsection (c), for 

12 each piece of legislation that provides funding, the Presi13 dent shall request at most 1 package of rescissions and 

14 the rescissions in that package shall apply only to funding 

15 contained in that legislation. OMB shall deliver each mes16 sage requesting a package of rescissions to the Secretary 

17 of the Senate if the Senate is not in session and to the 

18 Clerk of the House of Representatives if the House is not 

19 in session. OMB shall make a copy of the transmittal mes20 sage publicly available, and shall publish in the Federal 

21 Register a notice of the message and information on how 

22 it can be obtained. 

23 ‘‘(c) SPECIAL PACKAGING RULES.—After enactment 

24 of— 

25 ‘‘(1) a joint resolution making continuing ap26 propriations; 


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1 ‘‘(2) a supplemental appropriations bill; or 

2 ‘‘(3) an omnibus appropriations bill; 

3 covering some or all of the activities customarily funded 

4 in more than 1 regular appropriations bill, the President 

5 may propose as many as 2 packages rescinding funding 

6 contained in that legislation, each within the 45-day period 

7 specified in subsection (a). OMB shall not include the 

8 same rescission in both packages, and, if the President 

9 requests the rescission of more than one discrete amount 

10 of funding under the jurisdiction of a single subcommittee, 

11 OMB shall include each of those discrete amounts in the 

12 same package. 

13 ‘‘SEC. 1024. REQUESTS TO RESCIND FUNDING. 

14 ‘‘For each request to rescind funding under this part, 

15 the transmittal message shall— 

16 ‘‘(1) specify— 

17 ‘‘(A) the dollar amount to be rescinded; 

18 ‘‘(B) the agency, bureau, and account from 

19 which the rescission shall occur; 

20 ‘‘(C) the program, project, or activity with21 in the account (if applicable) from which the re22 scission shall occur; 

23 ‘‘(D) the amount of funding, if any, that 

24 would remain for the account, program, project, 


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1 or activity if the rescission request is enacted; 

2 and 

3 ‘‘(E) the reasons the President requests 

4 the rescission; 

5 ‘‘(2) designate each separate rescission request 

6 by number; and 

7 ‘‘(3) include proposed legislative language to ac8 complish the requested rescissions which may not in9 clude— 

10 ‘‘(A) any changes in existing law, other 

11 than the rescission of funding; or 

12 ‘‘(B) any supplemental appropriations, 

13 transfers, or reprogrammings. 

14 ‘‘SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESI15 DENTIAL AUTHORITY. 

16 ‘‘(a) PRESIDENTIAL AUTHORITY TO WITHHOLD

17 FUNDING.—Notwithstanding any other provision of law 

18 and if the President proposes a rescission of funding under 

19 this part, OMB may, subject to the time limits provided 

20 in subsection (c), temporarily withhold that funding from 

21 obligation. 

22 ‘‘(b) EXPEDITED PROCEDURES AVAILABLE ONLY

23 ONCE PER BILL.—The President may not invoke the pro24 cedures of this part, or the authority to withhold funding 


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1 granted by subsection (a), on more than 1 occasion for 

2 any Act providing funding. 

3 ‘‘(c) TIME LIMITS.—OMB shall make available for 

4 obligation any funding withheld under subsection (a) on 

5 the earliest of— 

6 ‘‘(1) the day on which the President determines 

7 that the continued withholding or reduction no 

8 longer advances the purpose of legislative consider9 ation of the rescission request; 

10 ‘‘(2) starting from the day on which OMB 

11 transmitted a message to Congress requesting the 

12 rescission of funding, 25 calendar days in which the 

13 House of Representatives has been in session or 25 

14 calendar days in which the Senate has been in ses15 sion, whichever occurs second; or 

16 ‘‘(3) the last day after which the obligation of 

17 the funding in question can no longer be fully ac18 complished in a prudent manner before its expira19 tion. 

20 ‘‘(d) DEFICIT REDUCTION.— 

21 ‘‘(1) IN GENERAL.—Funds that are rescinded 

22 under this part shall be dedicated only to reducing 

23 the deficit or increasing the surplus. 

24 ‘‘(2) ADJUSTMENT OF LEVELS IN THE CONCUR25 RENT RESOLUTION ON THE BUDGET.—Not later 


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1 than 5 days after the date of enactment of an ap2 proval bill as provided under this part, the chairs of 

3 the Committees on the Budget of the Senate and the 

4 House of Representatives shall revise allocations and 

5 aggregates and other appropriate levels under the 

6 appropriate concurrent resolution on the budget to 

7 reflect the repeal or cancellation, and the applicable 

8 committees shall report revised suballocations pursu9 ant to section 302(b), as appropriate. 

10 ‘‘SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCIS11 SION REQUESTS. 

12 ‘‘(a) PREPARATION OF LEGISLATION TO CONSIDER

13 A PACKAGE OF EXPEDITED RESCISSION REQUESTS.— 

14 ‘‘(1) IN GENERAL.—If the House of Represent15 atives receives a package of expedited rescission re16 quests, the Clerk shall prepare a House bill that 

17 only rescinds the amounts requested which shall 

18 read as follows: 

19 ‘‘ ‘There are enacted the rescissions numbered 

20 [insert number or numbers] as set forth in the Pres21 idential message of [insert date] transmitted under 

22 part C of the Impoundment Control Act of 1974 as 

23 amended.’ 

24 ‘‘(2) EXCLUSION PROCEDURE.—The Clerk shall 

25 include in the bill each numbered rescission request 


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1 listed in the Presidential package in question, except 

2 that the Clerk shall omit a numbered rescission re3 quest if the Chairman of the Committee on the 

4 Budget of the House, after consulting with the 

5 Chairman of the Committee on the Budget of the 

6 Senate, CBO, GAO, and the House and Senate com7 mittees that have jurisdiction over the funding, de8 termines that the numbered rescission does not refer 

9 to funding or includes matter not permitted under a 

10 request to rescind funding. 

11 ‘‘(b) INTRODUCTION AND REFERRAL OF LEGISLA12 TION TO ENACT A PACKAGE OF EXPEDITED RESCIS13 SIONS.—The majority leader or the minority leader of the 

14 House or Representatives, or a designee, shall (by request) 

15 introduce each bill prepared under subsection (a) not later 

16 than 4 days of session of the House after its transmittal, 

17 or, if no such bill is introduced within that period, any 

18 member of the House may introduce the required bill in 

19 the required form on the fifth or sixth day of session of 

20 the House after its transmittal. If such an expedited re21 scission bill is introduced in accordance with the preceding 

22 sentence, it shall be referred to the House committee of 

23 jurisdiction. A copy of the introduced House bill shall be 

24 transmitted to the Secretary of the Senate, who shall pro25 vide it to the Senate committee of jurisdiction. 


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1 ‘‘(c) HOUSE REPORT AND CONSIDERATION OF LEG2 ISLATION TO ENACT A PACKAGE OF EXPEDITED RESCIS3 SIONS.—The House committee of jurisdiction shall report 

4 without amendment the bill referred to it under subsection 

5 (b) not more than 5 days of session of the House after 

6 the referral. The committee may order the bill reported 

7 favorably, unfavorably, or without recommendation. If the 

8 committee has not reported the bill by the end of the 5- 

9 day period, the committee shall be automatically dis10 charged from further consideration of the bill and it shall 

11 be placed on the appropriate calendar. 

12 ‘‘(d) HOUSE MOTION TO PROCEED.— 

13 ‘‘(1) IN GENERAL.—After a bill to enact an ex14 pedited rescission package has been reported or the 

15 committee of jurisdiction has been discharged under 

16 subsection (c), it shall be in order to move to pro17 ceed to consider the bill in the House. A Member 

18 who wishes to move to proceed to consideration of 

19 the bill shall announce that fact, and the motion to 

20 proceed shall be in order only during a time des21 ignated by the Speaker within the legislative sched22 ule for the next calendar day of legislative session or 

23 the one immediately following it. 

24 ‘‘(2) FAILURE TO SET TIME.—If the Speaker 

25 does not designate a time under paragraph (1), 3 or 


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1 more calendar days of legislative session after the 

2 bill has been reported or discharged, it shall be in 

3 order for any Member to move to proceed to con4 sider the bill. 

5 ‘‘(3) PROCEDURE.—A motion to proceed under 

6 this subsection shall not be in order after the House 

7 has disposed of a prior motion to proceed with re8 spect to that package of expedited rescissions. The 

9 previous question shall be considered as ordered on 

10 the motion to proceed, without intervening motion. A 

11 motion to reconsider the vote by which the motion 

12 to proceed has been disposed of shall not be in 

13 order. 

14 ‘‘(4) REMOVAL FROM CALENDAR.—If 5 cal15 endar days of legislative session have passed since 

16 the bill was reported or discharged under this sub17 section and no Member has made a motion to pro18 ceed, the bill shall be removed from the calendar. 

19 ‘‘(e) HOUSE CONSIDERATION.— 

20 ‘‘(1) CONSIDERED AS READ.—A bill consisting 

21 of a package of rescissions under this part shall be 

22 considered as read. 

23 ‘‘(2) POINTS OF ORDER.—All points of order 

24 against the bill are waived, except that a point of 

25 order may be made that 1 or more numbered rescisVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 sions included in the bill would enact language con2 taining matter not requested by the President or not 

3 permitted under this part as part of that package. 

4 If the Presiding Officer sustains such a point of 

5 order, the numbered rescission or rescissions that 

6 would enact such language are deemed to be auto7 matically stripped from the bill and consideration 

8 proceeds on the bill as modified. 

9 ‘‘(3) PREVIOUS QUESTION.—The previous ques10 tion shall be considered as ordered on the bill to its 

11 passage without intervening motion, except that 4 

12 hours of debate equally divided and controlled by a 

13 proponent and an opponent are allowed, as well as 

14 1 motion to further limit debate on the bill. 

15 ‘‘(4) MOTION TO RECONSIDER.—A motion to 

16 reconsider the vote on passage of the bill shall not 

17 be in order. 

18 ‘‘(f) SENATE CONSIDERATION.— 

19 ‘‘(1) REFERRAL.—If the House of Representa20 tives approves a House bill enacting a package of re21 scissions, that bill as passed by the House shall be 

22 sent to the Senate and referred to the Senate com23 mittee of jurisdiction. 

24 ‘‘(2) COMMITTEE ACTION.—The committee of 

25 jurisdiction shall report without amendment the bill 


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1 referred to it under this subsection not later than 3 

2 days of session of the Senate after the referral. The 

3 committee may order the bill reported favorably, un4 favorably, or without recommendation. 

5 ‘‘(3) DISCHARGE.—If the committee has not re6 ported the bill by the end of the 3-day period, the 

7 committee shall be automatically discharged from 

8 further consideration of the bill and it shall be 

9 placed on the appropriate calendar. 

10 ‘‘(4) MOTION TO PROCEED.—On the following 

11 day and for 3 subsequent calendar days in which the 

12 Senate is in session, it shall be in order for any Sen13 ator to move to proceed to consider the bill in the 

14 Senate. Upon such a motion being made, it shall be 

15 deemed to have been agreed to and the motion to re16 consider shall be deemed to have been laid on the 

17 table. 

18 ‘‘(5) DEBATE.—Debate on the bill in the Sen19 ate under this subsection, and all debatable motions 

20 and appeals in connection therewith, shall not exceed 

21 10 hours, equally divided and controlled in the usual 

22 form. Debate in the Senate on any debatable motion 

23 or appeal in connection with such a bill shall be lim24 ited to not more than 1 hour, to be equally divided 


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1 and controlled in the usual form. A motion to fur2 ther limit debate on such a bill is not debatable. 

3 ‘‘(6) MOTIONS NOT IN ORDER.—A motion to 

4 amend such a bill or strike a provision from it is not 

5 in order. A motion to recommit such a bill is not in 

6 order. 

7 ‘‘(g) SENATE POINT OF ORDER.—It shall not be in 

8 order under this part for the Senate to consider a bill ap9 proved by the House enacting a package of rescissions 

10 under this part if any numbered rescission in the bill 

11 would enact matter not requested by the President or not 

12 permitted under this Act as part of that package. If a 

13 point of order under this subsection is sustained, the bill 

14 may not be considered under this part.’’. 

15 SEC. 1203. TECHNICAL AND CONFORMING AMENDMENTS. 

16 (a) TABLE OF CONTENTS.—Section 1(b) of the Con17 gressional Budget and Impoundment Control Act of 1974 

18 is amended by striking the matter for part C of title X 

19 and inserting the following: 

‘‘PART C—EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

‘‘Sec. 1021. Applicability and disclaimer. 

‘‘Sec. 1022. Definitions. 

‘‘Sec. 1023. Timing and packaging of rescission requests. 

‘‘Sec. 1024. Requests to rescind funding. 

‘‘Sec. 1025. Grants of and limitations on presidential authority. 

‘‘Sec. 1026. Congressional consideration of rescission requests.’’. 

20 (b) TEMPORARY WITHHOLDING.—Section 1013(c) of 

21 the Impoundment Control Act of 1974 is amended by 


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1 striking ‘‘section 1012’’ and inserting ‘‘section 1012 or 

2 section 1025’’. 

3 (c) RULEMAKING.— 

4 (1) 904(a).—Section 904(a) of the Congres5 sional Budget Act of 1974 is amended by striking 

6 ‘‘and 1017’’ and inserting ‘‘1017, and 1026’’. 

7 (2) 904(d)(1).—Section 904(d)(1) of the Con8 gressional Budget Act of 1974 is amended by strik9 ing ‘‘1017’’ and inserting ‘‘1017 or 1026’’. 

10 SEC. 1204. AMENDMENTS TO PART A OF THE IMPOUND11 MENT CONTROL ACT. 

12 (a) IN GENERAL.—Part A of the Impoundment Con13 trol Act of 1974 is amended by inserting at the end the 

14 following: 

15 ‘‘SEC. 1002. SEVERABILITY. 

16 ‘‘If the judicial branch of the United States finally 

17 determines that 1 or more of the provisions of parts B 

18 or C violate the Constitution of the United States, the re19 maining provisions of those parts shall continue in ef20 fect.’’. 

21 (b) TABLE OF CONTENTS.—Section 1(b) of the Con22 gressional Budget and Impoundment Control Act of 1974 

23 is amended by inserting at the end of the matter for part 

24 A of title X the following: 

‘‘Sec. 1002. Severability.’’. 


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1 SEC. 1205. EXPIRATION. 

2 Part C of the Impoundment Control Act of 1974 (as 

3 amended by this Act) shall expire on December 31, 2015. 

4 DIVISION B—TAX REFORM 

5 TITLE I—TAX REFORM FOR FAM6 ILIES AND SMALL BUSI7 NESSES 

8 SEC. 2101. TAX REFORM FOR FAMILIES AND SMALL BUSI9 NESSES. 

10 (a) IN GENERAL.—The Committee on Finance of the 

11 Senate and the Committee on Ways and Means of the 

12 House of Representatives shall report legislation that will 

13 lower, consolidate, and simplify the individual income tax 

14 system, with not more than 3 tax rates, the highest being 

15 25 percent. Such legislation shall be reported not later 

16 than 60 days after the date of the enactment of this Act 

17 and shall be revenue neutral as scored by the Joint Com18 mittee on Taxation using a current policy baseline. 

19 (b) LEGISLATION GOALS.—Such reported legislation 

20 shall be required to achieve the following: 

21 (1) REDUCED TAX LIABILITY.—Lower the over22 all tax burden for the majority of American indi23 vidual taxpayers. 

24 (2) SIMPLIFICATION.—Close tax loopholes and 

25 eliminate frivolous deductions and certain tax credVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 its, at the discretion of each Committee, in order to 

2 reduce tax expenditures and simplify the tax code. 

3 (3) CONSOLIDATION.—Provide necessary 

4 changes in order to consolidate the individual income 

5 tax system consistent with the tax rates specified in 

6 subsection (a). 

7 (4) STANDARD DEDUCTION AND PERSONAL EX8 EMPTIONS.—Revise the amount provided for the 

9 standard deduction and personal exemptions in con10 junction with the elimination of certain deductions 

11 and credits in order to reduce the overall tax liability 

12 of the majority of American individual taxpayers.

13 (c) ADDITIONAL CHANGES.—Such Committees shall 

14 include in such legislation any further changes to the indi15 vidual income tax system in order to ensure tax reductions 

16 and simplifications consistent with the goals of this Act. 

17 TITLE II—TAX REFORM FOR 

18 EMPLOYERS 

19 SEC. 2201. REDUCTION IN CORPORATE INCOME TAX RATES 

20 AND REFORM OF BUSINESS TAX. 

21 (a) IN GENERAL.—The Committee on Finance of the 

22 Senate and the Committee on Ways and Means of the 

23 House of Representatives shall report legislation that will 

24 lower, consolidate, and simplify the corporate income tax 

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1 tion of the system into 2 tax rates. Such legislation shall 

2 be reported not later than 60 days after the date of the 

3 enactment of this Act and shall be revenue neutral as 

4 scored by the Joint Committee on Taxation using a cur5 rent policy baseline. 

6 (b) LEGISLATION GOALS.—Such reported legislation 

7 shall be required to achieve the following: 

8 (1) REDUCED TAX LIABILITY.—Lower the over9 all tax rates for American corporations and busi10 nesses. 

11 (2) SIMPLIFICATION.—Close tax loopholes and 

12 eliminate industry specific deductions and certain 

13 tax credits, including the elimination of industry 

14 specific taxes, at the discretion of each Committee, 

15 in order to reduce tax expenditures and simplify 

16 the tax code. 

17 (3) TERRITORIAL TAX SYSTEM.—Establishment 

18 of a territorial tax system, including strong incen19 tives to repatriate overseas capital, in lieu of the cur20 rent worldwide tax system. 

21 (4) CONSOLIDATION.—Provide necessary 

22 changes in order to consolidate the corporate income 

23 tax system with a total of two tax rates, the top tax 

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1 mined by the Committees as specified in subsection 

2 (a). 

3 (c) ADDITIONAL CHANGES.—Such Committees shall 

4 include in such legislation any further changes to the cor5 porate income tax system in order to ensure tax reductions 

6 and simplifications consistent with the goals of this Act. 

7 TITLE III—WITHHOLDING TAX 

8 RELIEF ACT OF 2011 

9 SEC. 2301. SHORT TITLE. 

10 This title may be cited as the ‘‘Withholding Tax Re11 lief Act of 2011’’. 

12 SEC. 2302. REPEAL OF IMPOSITION OF WITHHOLDING ON 

13 CERTAIN PAYMENTS MADE TO VENDORS BY 

14 GOVERNMENT ENTITIES. 

15 The amendment made by section 511 of the Tax In16 crease Prevention and Reconciliation Act of 2005 is re17 pealed and the Internal Revenue Code of 1986 shall be 

18 applied as if such amendment had never been enacted. 

19 SEC. 2303. RESCISSION OF UNSPENT FEDERAL FUNDS TO 

20 OFFSET LOSS IN REVENUES. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, of all available unobligated funds, 

23 $39,000,000,000 in appropriated discretionary funds are 

24 hereby permanently rescinded. 


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1 (b) IMPLEMENTATION.—The Director of the Office of 

2 Management and Budget shall determine and identify 

3 from which appropriation accounts the rescission under 

4 subsection (a) shall apply and the amount of such rescis5 sion that shall apply to each such account. Not later than 

6 60 days after the date of the enactment of this Act, the 

7 Director of the Office of Management and Budget shall 

8 submit a report to the Secretary of the Treasury and Con9 gress of the accounts and amounts determined and identi10 fied for rescission under the preceding sentence. 

11 (c) EXCEPTION.—This section shall not apply to the 

12 unobligated funds of the Department of Defense or the 

13 Department of Veterans Affairs. 

14 DIVISION C—REGULATION 

15 REFORM 

16 TITLE I—REPEALING THE JOB17 KILLING HEALTH CARE LAW ACT 

18 SEC. 3101. REPEAL OF THE JOB-KILLING HEALTH CARE 

19 LAW AND HEALTH CARE-RELATED PROVI20 SIONS IN THE HEALTH CARE AND EDU21 CATION RECONCILIATION ACT OF 2010. 

22 (a) JOB-KILLING HEALTH CARE LAW.—Effective as 

23 of the enactment of Public Law 111–148, such Act is re24 pealed, and the provisions of law amended or repealed by 


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1 such Act are restored or revived as if such Act had not 

2 been enacted. 

3 (b) HEALTH CARE-RELATED PROVISIONS IN THE

4 HEALTH CARE AND EDUCATION RECONCILIATION ACT OF

5 2010.—Effective as of the enactment of the Health Care 

6 and Education Reconciliation Act of 2010 (Public Law 

7 111–152), title I and subtitle B of title II of such Act 

8 are repealed, and the provisions of law amended or re9 pealed by such title or subtitle, respectively, are restored 

10 or revived as if such title and subtitle had not been en11 acted. 

12 SEC. 3102. BUDGETARY EFFECTS OF THIS SUBTITLE. 

13 The budgetary effects of this title, for the purpose 

14 of complying with the Statutory Pay-As-You-Go Act of 

15 2010, shall be determined by reference to the latest state16 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 

17 for this title, submitted for printing in the Congressional 

18 Record by the Chairman of the Committee on the Budget 

19 of the House of Representatives, as long as such statement 

20 has been submitted prior to the vote on passage of this 

21 title. 


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1 TITLE II—MEDICAL CARE AC2 CESS PROTECTION ACT OF 

3 2011 

4 SEC. 3201. SHORT TITLE. 

5 This title may be cited as the ‘‘Medical Care Access 

6 Protection Act of 2011’’ or the ‘‘MCAP Act’’. 

7 SEC. 3202. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.— 

9 (1) EFFECT ON HEALTH CARE ACCESS AND

10 COSTS.—Congress finds that our current civil justice 

11 system is adversely affecting patient access to health 

12 care services, better patient care, and cost-efficient 

13 health care, in that the health care liability system 

14 is a costly and ineffective mechanism for resolving 

15 claims of health care liability and compensating in16 jured patients, and is a deterrent to the sharing of 

17 information among health care professionals which 

18 impedes efforts to improve patient safety and quality 

19 of care. 

20 (2) EFFECT ON INTERSTATE COMMERCE.— 

21 Congress finds that the health care and insurance 

22 industries are industries affecting interstate com23 merce and the health care liability litigation systems 

24 existing throughout the United States are activities 

25 that affect interstate commerce by contributing to 


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1 the high costs of health care and premiums for 

2 health care liability insurance purchased by health 

3 care system providers. 

4 (3) EFFECT ON FEDERAL SPENDING.—Con5 gress finds that the health care liability litigation 

6 systems existing throughout the United States have 

7 a significant effect on the amount, distribution, and 

8 use of Federal funds because of— 

9 (A) the large number of individuals who 

10 receive health care benefits under programs op11 erated or financed by the Federal Government; 

12 (B) the large number of individuals who 

13 benefit because of the exclusion from Federal 

14 taxes of the amounts spent to provide them 

15 with health insurance benefits; and 

16 (C) the large number of health care pro17 viders who provide items or services for which 

18 the Federal Government makes payments. 

19 (b) PURPOSE.—It is the purpose of this title is to 

20 implement reasonable, comprehensive, and effective health 

21 care liability reforms designed to— 

22 (1) improve the availability of health care serv23 ices in cases in which health care liability actions 

24 have been shown to be a factor in the decreased 

25 availability of services; 


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1 (2) reduce the incidence of ‘‘defensive medi2 cine’’ and lower the cost of health care liability in3 surance, all of which contribute to the escalation of 

4 health care costs; 

5 (3) ensure that persons with meritorious health 

6 care injury claims receive fair and adequate com7 pensation, including reasonable noneconomic dam8 ages; 

9 (4) improve the fairness and cost-effectiveness 

10 of our current health care liability system to resolve 

11 disputes over, and provide compensation for, health 

12 care liability by reducing uncertainty in the amount 

13 of compensation provided to injured individuals; and 

14 (5) provide an increased sharing of information 

15 in the health care system which will reduce unin16 tended injury and improve patient care. 

17 SEC. 3203. DEFINITIONS. 

18 In this title: 

19 (1) ALTERNATIVE DISPUTE RESOLUTION SYS20 TEM; ADR.—The term ‘‘alternative dispute resolution 

21 system’’ or ‘‘ADR’’ means a system that provides 

22 for the resolution of health care lawsuits in a man23 ner other than through a civil action brought in a 

24 State or Federal court. 


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1 (2) CLAIMANT.—The term ‘‘claimant’’ means 

2 any person who brings a health care lawsuit, includ3 ing a person who asserts or claims a right to legal 

4 or equitable contribution, indemnity or subrogation, 

5 arising out of a health care liability claim or action, 

6 and any person on whose behalf such a claim is as7 serted or such an action is brought, whether de8 ceased, incompetent, or a minor. 

9 (3) COLLATERAL SOURCE BENEFITS.—The 

10 term ‘‘collateral source benefits’’ means any amount 

11 paid or reasonably likely to be paid in the future to 

12 or on behalf of the claimant, or any service, product 

13 or other benefit provided or reasonably likely to be 

14 provided in the future to or on behalf of the claim15 ant, as a result of the injury or wrongful death, pur16 suant to— 

17 (A) any State or Federal health, sickness, 

18 income-disability, accident, or workers’ com19 pensation law; 

20 (B) any health, sickness, income-disability, 

21 or accident insurance that provides health bene22 fits or income-disability coverage; 

23 (C) any contract or agreement of any 

24 group, organization, partnership, or corporation 

25 to provide, pay for, or reimburse the cost of 


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1 medical, hospital, dental, or income disability 

2 benefits; and 

3 (D) any other publicly or privately funded 

4 program. 

5 (4) COMPENSATORY DAMAGES.—The term 

6 ‘‘compensatory damages’’ means objectively 

7 verifiable monetary losses incurred as a result of the 

8 provision of, use of, or payment for (or failure to 

9 provide, use, or pay for) health care services or med10 ical products, such as past and future medical ex11 penses, loss of past and future earnings, cost of ob12 taining domestic services, loss of employment, and 

13 loss of business or employment opportunities, dam14 ages for physical and emotional pain, suffering, in15 convenience, physical impairment, mental anguish, 

16 disfigurement, loss of enjoyment of life, loss of soci17 ety and companionship, loss of consortium (other 

18 than loss of domestic service), hedonic damages, in19 jury to reputation, and all other nonpecuniary losses 

20 of any kind or nature. Such term includes economic 

21 damages and noneconomic damages, as such terms 

22 are defined in this section. 

23 (5) CONTINGENT FEE.—The term ‘‘contingent 

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1 sons which is payable only if a recovery is effected 

2 on behalf of one or more claimants. 

3 (6) ECONOMIC DAMAGES.—The term ‘‘economic 

4 damages’’ means objectively verifiable monetary 

5 losses incurred as a result of the provision of, use 

6 of, or payment for (or failure to provide, use, or pay 

7 for) health care services or medical products, such as 

8 past and future medical expenses, loss of past and 

9 future earnings, cost of obtaining domestic services, 

10 loss of employment, and loss of business or employ11 ment opportunities. 

12 (7) HEALTH CARE GOODS OR SERVICES.—The 

13 term ‘‘health care goods or services’’ means any 

14 goods or services provided by a health care institu15 tion, provider, or by any individual working under 

16 the supervision of a health care provider, that relates 

17 to the diagnosis, prevention, care, or treatment of 

18 any human disease or impairment, or the assessment 

19 of the health of human beings. 

20 (8) HEALTH CARE INSTITUTION.—The term 

21 ‘‘health care institution’’ means any entity licensed 

22 under Federal or State law to provide health care 

23 services (including but not limited to ambulatory 

24 surgical centers, assisted living facilities, emergency 

25 medical services providers, hospices, hospitals and 


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1 hospital systems, nursing homes, or other entities li2 censed to provide such services). 

3 (9) HEALTH CARE LAWSUIT.—The term 

4 ‘‘health care lawsuit’’ means any health care liability 

5 claim concerning the provision of health care goods 

6 or services affecting interstate commerce, or any 

7 health care liability action concerning the provision 

8 of (or the failure to provide) health care goods or 

9 services affecting interstate commerce, brought in a 

10 State or Federal court or pursuant to an alternative 

11 dispute resolution system, against a health care pro12 vider or a health care institution regardless of the 

13 theory of liability on which the claim is based, or the 

14 number of claimants, plaintiffs, defendants, or other 

15 parties, or the number of claims or causes of action, 

16 in which the claimant alleges a health care liability 

17 claim. 

18 (10) HEALTH CARE LIABILITY ACTION.—The 

19 term ‘‘health care liability action’’ means a civil ac20 tion brought in a State or Federal Court or pursu21 ant to an alternative dispute resolution system, 

22 against a health care provider or a health care insti23 tution regardless of the theory of liability on which 

24 the claim is based, or the number of plaintiffs, de25 fendants, or other parties, or the number of causes 


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1 of action, in which the claimant alleges a health care 

2 liability claim. 

3 (11) HEALTH CARE LIABILITY CLAIM.—The 

4 term ‘‘health care liability claim’’ means a demand 

5 by any person, whether or not pursuant to ADR, 

6 against a health care provider or health care institu7 tion, including third-party claims, cross-claims, 

8 counter-claims, or contribution claims, which are 

9 based upon the provision of, use of, or payment for 

10 (or the failure to provide, use, or pay for) health 

11 care services, regardless of the theory of liability on 

12 which the claim is based, or the number of plaintiffs, 

13 defendants, or other parties, or the number of 

14 causes of action. 

15 (12) HEALTH CARE PROVIDER.— 

16 (A) IN GENERAL.—The term ‘‘health care 

17 provider’’ means any person (including but not 

18 limited to a physician (as defined by section 

19 1861(r) of the Social Security Act (42 U.S.C. 

20 1395x(r)), registered nurse, dentist, podiatrist, 

21 pharmacist, chiropractor, or optometrist) re22 quired by State or Federal law to be licensed, 

23 registered, or certified to provide health care 

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1 istered, or certified, or exempted from such re2 quirement by other statute or regulation. 

3 (B) TREATMENT OF CERTAIN PROFES4 SIONAL ASSOCIATIONS.—For purposes of this 

5 Act, a professional association that is organized 

6 under State law by an individual physician or 

7 group of physicians, a partnership or limited li8 ability partnership formed by a group of physi9 cians, a nonprofit health corporation certified 

10 under State law, or a company formed by a 

11 group of physicians under State law shall be 

12 treated as a health care provider under sub13 paragraph (A). 

14 (13) MALICIOUS INTENT TO INJURE.—The 

15 term ‘‘malicious intent to injure’’ means inten16 tionally causing or attempting to cause physical in17 jury other than providing health care goods or serv18 ices. 

19 (14) NONECONOMIC DAMAGES.—The term 

20 ‘‘noneconomic damages’’ means damages for phys21 ical and emotional pain, suffering, inconvenience, 

22 physical impairment, mental anguish, disfigurement, 

23 loss of enjoyment of life, loss of society and compan24 ionship, loss of consortium (other than loss of do25 mestic service), hedonic damages, injury to reputaVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 tion, and all other nonpecuniary losses of any kind 

2 or nature. 

3 (15) PUNITIVE DAMAGES.—The term ‘‘punitive 

4 damages’’ means damages awarded, for the purpose 

5 of punishment or deterrence, and not solely for com6 pensatory purposes, against a health care provider 

7 or health care institution. Punitive damages are nei8 ther economic nor noneconomic damages. 

9 (16) RECOVERY.—The term ‘‘recovery’’ means 

10 the net sum recovered after deducting any disburse11 ments or costs incurred in connection with prosecu12 tion or settlement of the claim, including all costs 

13 paid or advanced by any person. Costs of health care 

14 incurred by the plaintiff and the attorneys’ office 

15 overhead costs or charges for legal services are not 

16 deductible disbursements or costs for such purpose. 

17 (17) STATE.—The term ‘‘State’’ means each of 

18 the several States, the District of Columbia, the 

19 Commonwealth of Puerto Rico, the Virgin Islands, 

20 Guam, American Samoa, the Northern Mariana Is21 lands, the Trust Territory of the Pacific Islands, and 

22 any other territory or possession of the United 

23 States, or any political subdivision thereof. 


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1 SEC. 3204. ENCOURAGING SPEEDY RESOLUTION OF 

2 CLAIMS. 

3 (a) IN GENERAL.—Except as otherwise provided for 

4 in this section, the time for the commencement of a health 

5 care lawsuit shall be 3 years after the date of manifesta6 tion of injury or 1 year after the claimant discovers, or 

7 through the use of reasonable diligence should have discov8 ered, the injury, whichever occurs first. 

9 (b) GENERAL EXCEPTION.—The time for the com10 mencement of a health care lawsuit shall not exceed 3 

11 years after the date of manifestation of injury unless the 

12 tolling of time was delayed as a result of— 

13 (1) fraud; 

14 (2) intentional concealment; or 

15 (3) the presence of a foreign body, which has no 

16 therapeutic or diagnostic purpose or effect, in the 

17 person of the injured person. 

18 (c) MINORS.—An action by a minor shall be com19 menced within 3 years from the date of the alleged mani20 festation of injury except that if such minor is under the 

21 full age of 6 years, such action shall be commenced within 

22 3 years of the manifestation of injury, or prior to the 

23 eighth birthday of the minor, whichever provides a longer 

24 period. Such time limitation shall be tolled for minors for 

25 any period during which a parent or guardian and a health 

26 care provider or health care institution have committed 


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1 fraud or collusion in the failure to bring an action on be2 half of the injured minor. 

3 (d) RULE 11 SANCTIONS.—Whenever a Federal or 

4 State court determines (whether by motion of the parties 

5 or whether on the motion of the court) that there has been 

6 a violation of Rule 11 of the Federal Rules of Civil Proce7 dure (or a similar violation of applicable State court rules) 

8 in a health care liability action to which this Act applies, 

9 the court shall impose upon the attorneys, law firms, or 

10 pro se litigants that have violated Rule 11 or are respon11 sible for the violation, an appropriate sanction, which shall 

12 include an order to pay the other party or parties for the 

13 reasonable expenses incurred as a direct result of the filing 

14 of the pleading, motion, or other paper that is the subject 

15 of the violation, including a reasonable attorneys’ fee. 

16 Such sanction shall be sufficient to deter repetition of such 

17 conduct or comparable conduct by others similarly situ18 ated, and to compensate the party or parties injured by 

19 such conduct. 

20 SEC. 3205. COMPENSATING PATIENT INJURY. 

21 (a) UNLIMITED AMOUNT OF DAMAGES FOR ACTUAL

22 ECONOMIC LOSSES IN HEALTH CARE LAWSUITS.—In any 

23 health care lawsuit, nothing in this Act shall limit the re24 covery by a claimant of the full amount of the available 


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1 economic damages, notwithstanding the limitation con2 tained in subsection (b). 

3 (b) ADDITIONAL NONECONOMIC DAMAGES.— 

4 (1) HEALTH CARE PROVIDERS.—In any health 

5 care lawsuit where final judgment is rendered 

6 against a health care provider, the amount of non7 economic damages recovered from the provider, if 

8 otherwise available under applicable Federal or State 

9 law, may be as much as $250,000, regardless of the 

10 number of parties other than a health care institu11 tion against whom the action is brought or the num12 ber of separate claims or actions brought with re13 spect to the same occurrence. 

14 (2) HEALTH CARE INSTITUTIONS.— 

15 (A) SINGLE INSTITUTION.—In any health 

16 care lawsuit where final judgment is rendered 

17 against a single health care institution, the 

18 amount of noneconomic damages recovered 

19 from the institution, if otherwise available 

20 under applicable Federal or State law, may be 

21 as much as $250,000, regardless of the number 

22 of parties against whom the action is brought 

23 or the number of separate claims or actions 

24 brought with respect to the same occurrence. 


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1 (B) MULTIPLE INSTITUTIONS.—In any 

2 health care lawsuit where final judgment is ren3 dered against more than one health care insti4 tution, the amount of noneconomic damages re5 covered from each institution, if otherwise avail6 able under applicable Federal or State law, may 

7 be as much as $250,000, regardless of the 

8 number of parties against whom the action is 

9 brought or the number of separate claims or ac10 tions brought with respect to the same occur11 rence, except that the total amount recovered 

12 from all such institutions in such lawsuit shall 

13 not exceed $500,000. 

14 (c) NO DISCOUNT OF AWARD FOR NONECONOMIC

15 DAMAGES.—In any health care lawsuit— 

16 (1) an award for future noneconomic damages 

17 shall not be discounted to present value; 

18 (2) the jury shall not be informed about the 

19 maximum award for noneconomic damages under 

20 subsection (b); 

21 (3) an award for noneconomic damages in ex22 cess of the limitations provided for in subsection (b) 

23 shall be reduced either before the entry of judgment, 

24 or by amendment of the judgment after entry of 

25 judgment, and such reduction shall be made before 


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1 accounting for any other reduction in damages re2 quired by law; and 

3 (4) if separate awards are rendered for past 

4 and future noneconomic damages and the combined 

5 awards exceed the limitations described in subsection 

6 (b), the future noneconomic damages shall be re7 duced first. 

8 (d) FAIR SHARE RULE.—In any health care lawsuit, 

9 each party shall be liable for that party’s several share 

10 of any damages only and not for the share of any other 

11 person. Each party shall be liable only for the amount of 

12 damages allocated to such party in direct proportion to 

13 such party’s percentage of responsibility. A separate judg14 ment shall be rendered against each such party for the 

15 amount allocated to such party. For purposes of this sec16 tion, the trier of fact shall determine the proportion of 

17 responsibility of each party for the claimant’s harm. 

18 SEC. 3206. MAXIMIZING PATIENT RECOVERY. 

19 (a) COURT SUPERVISION OF SHARE OF DAMAGES

20 ACTUALLY PAID TO CLAIMANTS.— 

21 (1) IN GENERAL.—In any health care lawsuit, 

22 the court shall supervise the arrangements for pay23 ment of damages to protect against conflicts of in24 terest that may have the effect of reducing the 


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1 amount of damages awarded that are actually paid 

2 to claimants. 

3 (2) CONTINGENCY FEES.— 

4 (A) IN GENERAL.—In any health care law5 suit in which the attorney for a party claims a 

6 financial stake in the outcome by virtue of a 

7 contingent fee, the court shall have the power 

8 to restrict the payment of a claimant’s damage 

9 recovery to such attorney, and to redirect such 

10 damages to the claimant based upon the inter11 ests of justice and principles of equity. 

12 (B) LIMITATION.—The total of all contin13 gent fees for representing all claimants in a 

14 health care lawsuit shall not exceed the fol15 lowing limits: 

16 (i) Forty percent of the first $50,000 

17 recovered by the claimant(s). 

18 (ii) Thirty-three and one-third percent 

19 of the next $50,000 recovered by the 

20 claimant(s). 

21 (iii) Twenty-five percent of the next 

22 $500,000 recovered by the claimant(s). 

23 (iv) Fifteen percent of any amount by 

24 which the recovery by the claimant(s) is in 

25 excess of $600,000. 


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1 (b) APPLICABILITY.— 

2 (1) IN GENERAL.—The limitations in subsection 

3 (a) shall apply whether the recovery is by judgment, 

4 settlement, mediation, arbitration, or any other form 

5 of alternative dispute resolution. 

6 (2) MINORS.—In a health care lawsuit involving 

7 a minor or incompetent person, a court retains the 

8 authority to authorize or approve a fee that is less 

9 than the maximum permitted under this section. 

10 (c) EXPERT WITNESSES.— 

11 (1) REQUIREMENT.—No individual shall be 

12 qualified to testify as an expert witness concerning 

13 issues of negligence in any health care lawsuit 

14 against a defendant unless such individual— 

15 (A) except as required under paragraph 

16 (2), is a health care professional who— 

17 (i) is appropriately credentialed or li18 censed in 1 or more States to deliver 

19 health care services; and 

20 (ii) typically treats the diagnosis or 

21 condition or provides the type of treatment 

22 under review; and 

23 (B) can demonstrate by competent evi24 dence that, as a result of training, education, 

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1 agnosis, and treatment of the disease or injury 

2 which is the subject matter of the lawsuit 

3 against the defendant, the individual was sub4 stantially familiar with applicable standards of 

5 care and practice as they relate to the act or 

6 omission which is the subject of the lawsuit on 

7 the date of the incident. 

8 (2) PHYSICIAN REVIEW.—In a health care law9 suit, if the claim of the plaintiff involved treatment 

10 that is recommended or provided by a physician 

11 (allopathic or osteopathic), an individual shall not be 

12 qualified to be an expert witness under this sub13 section with respect to issues of negligence con14 cerning such treatment unless such individual is a 

15 physician. 

16 (3) SPECIALTIES AND SUBSPECIALTIES.—With 

17 respect to a lawsuit described in paragraph (1), a 

18 court shall not permit an expert in one medical spe19 cialty or subspecialty to testify against a defendant 

20 in another medical specialty or subspecialty unless, 

21 in addition to a showing of substantial familiarity in 

22 accordance with paragraph (1)(B), there is a show23 ing that the standards of care and practice in the 

24 two specialty or subspecialty fields are similar. 


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1 (4) LIMITATION.—The limitations in this sub2 section shall not apply to expert witnesses testifying 

3 as to the degree or permanency of medical or phys4 ical impairment. 

5 SEC. 3207. ADDITIONAL HEALTH BENEFITS. 

6 (a) IN GENERAL.—The amount of any damages re7 ceived by a claimant in any health care lawsuit shall be 

8 reduced by the court by the amount of any collateral 

9 source benefits to which the claimant is entitled, less any 

10 insurance premiums or other payments made by the claim11 ant (or by the spouse, parent, child, or legal guardian of 

12 the claimant) to obtain or secure such benefits. 

13 (b) PRESERVATION OF CURRENT LAW.—Where a 

14 payor of collateral source benefits has a right of recovery 

15 by reimbursement or subrogation and such right is per16 mitted under Federal or State law, subsection (a) shall 

17 not apply. 

18 (c) APPLICATION OF PROVISION.—This section shall 

19 apply to any health care lawsuit that is settled or resolved 

20 by a fact finder. 

21 SEC. 3208. PUNITIVE DAMAGES. 

22 (a) PUNITIVE DAMAGES PERMITTED.— 

23 (1) IN GENERAL.—Punitive damages may, if 

24 otherwise available under applicable State or Federal 

25 law, be awarded against any person in a health care 


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1 lawsuit only if it is proven by clear and convincing 

2 evidence that such person acted with malicious in3 tent to injure the claimant, or that such person de4 liberately failed to avoid unnecessary injury that 

5 such person knew the claimant was substantially 

6 certain to suffer. 

7 (2) FILING OF LAWSUIT.—No demand for puni8 tive damages shall be included in a health care law9 suit as initially filed. A court may allow a claimant 

10 to file an amended pleading for punitive damages 

11 only upon a motion by the claimant and after a find12 ing by the court, upon review of supporting and op13 posing affidavits or after a hearing, after weighing 

14 the evidence, that the claimant has established by a 

15 substantial probability that the claimant will prevail 

16 on the claim for punitive damages. 

17 (3) SEPARATE PROCEEDING.—At the request of 

18 any party in a health care lawsuit, the trier of fact 

19 shall consider in a separate proceeding— 

20 (A) whether punitive damages are to be 

21 awarded and the amount of such award; and 

22 (B) the amount of punitive damages fol23 lowing a determination of punitive liability. 

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1 termined by applicable State law, shall be inadmis2 sible in any proceeding to determine whether com3 pensatory damages are to be awarded. 

4 (4) LIMITATION WHERE NO COMPENSATORY

5 DAMAGES ARE AWARDED.—In any health care law6 suit where no judgment for compensatory damages 

7 is rendered against a person, no punitive damages 

8 may be awarded with respect to the claim in such 

9 lawsuit against such person. 

10 (b) DETERMINING AMOUNT OF PUNITIVE DAM11 AGES.— 

12 (1) FACTORS CONSIDERED.—In determining 

13 the amount of punitive damages under this section, 

14 the trier of fact shall consider only the following: 

15 (A) the severity of the harm caused by the 

16 conduct of such party; 

17 (B) the duration of the conduct or any 

18 concealment of it by such party; 

19 (C) the profitability of the conduct to such 

20 party; 

21 (D) the number of products sold or med22 ical procedures rendered for compensation, as 

23 the case may be, by such party, of the kind 

24 causing the harm complained of by the claim25 ant; 


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1 (E) any criminal penalties imposed on such 

2 party, as a result of the conduct complained of 

3 by the claimant; and 

4 (F) the amount of any civil fines assessed 

5 against such party as a result of the conduct 

6 complained of by the claimant. 

7 (2) MAXIMUM AWARD.—The amount of punitive 

8 damages awarded in a health care lawsuit may not 

9 exceed an amount equal to two times the amount of 

10 economic damages awarded in the lawsuit or 

11 $250,000, whichever is greater. The jury shall not 

12 be informed of the limitation under the preceding 

13 sentence. 

14 (c) LIABILITY OF HEALTH CARE PROVIDERS.— 

15 (1) IN GENERAL.—A health care provider who 

16 prescribes, or who dispenses pursuant to a prescrip17 tion, a drug, biological product, or medical device 

18 approved by the Food and Drug Administration, for 

19 an approved indication of the drug, biological prod20 uct, or medical device, shall not be named as a party 

21 to a product liability lawsuit invoking such drug, bi22 ological product, or medical device and shall not be 

23 liable to a claimant in a class action lawsuit against 

24 the manufacturer, distributor, or product seller of 

25 such drug, biological product, or medical device. 


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1 (2) MEDICAL PRODUCT.—The term ‘‘medical 

2 product’’ means a drug or device intended for hu3 mans. The terms ‘‘drug’’ and ‘‘device’’ have the 

4 meanings given such terms in sections 201(g)(1) and 

5 201(h) of the Federal Food, Drug and Cosmetic Act 

6 (21 U.S.C. 321), respectively, including any compo7 nent or raw material used therein, but excluding 

8 health care services. 

9 SEC. 3209. AUTHORIZATION OF PAYMENT OF FUTURE DAM10 AGES TO CLAIMANTS IN HEALTH CARE LAW11 SUITS. 

12 (a) IN GENERAL.—In any health care lawsuit, if an 

13 award of future damages, without reduction to present 

14 value, equaling or exceeding $50,000 is made against a 

15 party with sufficient insurance or other assets to fund a 

16 periodic payment of such a judgment, the court shall, at 

17 the request of any party, enter a judgment ordering that 

18 the future damages be paid by periodic payments in ac19 cordance with the Uniform Periodic Payment of Judg20 ments Act promulgated by the National Conference of 

21 Commissioners on Uniform State Laws. 

22 (b) APPLICABILITY.—This section applies to all ac23 tions which have not been first set for trial or retrial be24 fore the effective date of this Act. 


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1 SEC. 3210. EFFECT ON OTHER LAWS. 

2 (a) GENERAL VACCINE INJURY.— 

3 (1) IN GENERAL.—To the extent that title XXI 

4 of the Public Health Service Act establishes a Fed5 eral rule of law applicable to a civil action brought 

6 for a vaccine-related injury or death— 

7 (A) this Act shall not affect the application 

8 of the rule of law to such an action; and 

9 (B) any rule of law prescribed by this Act 

10 in conflict with a rule of law of such title XXI 

11 shall not apply to such action. 

12 (2) EXCEPTION.—If there is an aspect of a civil 

13 action brought for a vaccine-related injury or death 

14 to which a Federal rule of law under title XXI of 

15 the Public Health Service Act does not apply, then 

16 this Act or otherwise applicable law (as determined 

17 under this Act) will apply to such aspect of such ac18 tion. 

19 (b) SMALLPOX VACCINE INJURY.— 

20 (1) IN GENERAL.—To the extent that part C of 

21 title II of the Public Health Service Act establishes 

22 a Federal rule of law applicable to a civil action 

23 brought for a smallpox vaccine-related injury or 

24 death— 

25 (A) this Act shall not affect the application 

26 of the rule of law to such an action; and 


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1 (B) any rule of law prescribed by this Act 

2 in conflict with a rule of law of such part C 

3 shall not apply to such action. 

4 (2) EXCEPTION.—If there is an aspect of a civil 

5 action brought for a smallpox vaccine-related injury 

6 or death to which a Federal rule of law under part 

7 C of title II of the Public Health Service Act does 

8 not apply, then this Act or otherwise applicable law 

9 (as determined under this Act) will apply to such as10 pect of such action. 

11 (c) OTHER FEDERAL LAW.—Except as provided in 

12 this section, nothing in this Act shall be deemed to affect 

13 any defense available, or any limitation on liability that 

14 applies to, a defendant in a health care lawsuit or action 

15 under any other provision of Federal law. 

16 SEC. 3211. STATE FLEXIBILITY AND PROTECTION OF 

17 STATES’ RIGHTS. 

18 (a) HEALTH CARE LAWSUITS.—The provisions gov19 erning health care lawsuits set forth in this Act shall pre20 empt, subject to subsections (b) and (c), State law to the 

21 extent that State law prevents the application of any pro22 visions of law established by or under this Act. The provi23 sions governing health care lawsuits set forth in this Act 

24 supersede chapter 171 of title 28, United States Code, to 

25 the extent that such chapter— 


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1 (1) provides for a greater amount of damages 

2 or contingent fees, a longer period in which a health 

3 care lawsuit may be commenced, or a reduced appli4 cability or scope of periodic payment of future dam5 ages, than provided in this Act; or 

6 (2) prohibits the introduction of evidence re7 garding collateral source benefits. 

8 (b) PREEMPTION OF CERTAIN STATE LAWS.—No 

9 provision of this Act shall be construed to preempt any 

10 State law (whether effective before, on, or after the date 

11 of the enactment of this Act) that specifies a particular 

12 monetary amount of compensatory or punitive damages 

13 (or the total amount of damages) that may be awarded 

14 in a health care lawsuit, regardless of whether such mone15 tary amount is greater or lesser than is provided for under 

16 this Act, notwithstanding section 5(a). 

17 (c) PROTECTION OF STATE’S RIGHTS AND OTHER

18 LAWS.— 

19 (1) IN GENERAL.—Any issue that is not gov20 erned by a provision of law established by or under 

21 this Act (including the State standards of neg22 ligence) shall be governed by otherwise applicable 

23 Federal or State law. 

24 (2) RULE OF CONSTRUCTION.—Nothing in this 

25 Act shall be construed to— 


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1 (A) preempt or supersede any Federal or 

2 State law that imposes greater procedural or 

3 substantive protections (such as a shorter stat4 ute of limitations) for a health care provider or 

5 health care institution from liability, loss, or 

6 damages than those provided by this Act; 

7 (B) preempt or supercede any State law 

8 that permits and provides for the enforcement 

9 of any arbitration agreement related to a health 

10 care liability claim whether enacted prior to or 

11 after the date of enactment of this Act; 

12 (C) create a cause of action that is not 

13 otherwise available under Federal or State law; 

14 or 

15 (D) affect the scope of preemption of any 

16 other Federal law. 

17 SEC. 3212. APPLICABILITY; EFFECTIVE DATE. 

18 This title shall apply to any health care lawsuit 

19 brought in a Federal or State court, or subject to an alter20 native dispute resolution system, that is initiated on or 

21 after the date of the enactment of this Act, except that 

22 any health care lawsuit arising from an injury occurring 

23 prior to the date of enactment of this title shall be gov24 erned by the applicable statute of limitations provisions 

25 in effect at the time the injury occurred. 


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1 TITLE III—FINANCIAL 

2 TAKEOVER REPEAL 

3 SEC. 3301. REPEAL. 

4 The Dodd-Frank Wall Street Reform and Consumer 

5 Protection Act (Public Law 111–203) is repealed, and the 

6 provisions of law amended by such Act are revived or re7 stored as if such Act had not been enacted. 

8 TITLE IV—REGULATIONS FROM 

9 THE EXECUTIVE IN NEED OF 

10 SCRUTINY (REINS ACT) 

11 SEC. 3401. SHORT TITLE. 

12 This title may be cited as ‘‘REINS Act’’. 

13 SEC. 3402. FINDINGS AND PURPOSE. 

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

15 (1) Section 1 of article I of the United States 

16 Constitution grants all legislative powers to Con17 gress. 

18 (2) Over time, Congress has excessively dele19 gated its constitutional charge while failing to con20 duct appropriate oversight and retain accountability 

21 for the content of the laws it passes. 

22 (3) By requiring a vote in Congress, this Act 

23 will result in more carefully drafted and detailed leg24 islation, an improved regulatory process, and a legis25 lative branch that is truly accountable to the people 


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1 of the United States for the laws imposed upon 

2 them. 

3 (b) PURPOSE.—The purpose of this Act is to increase 

4 accountability for and transparency in the Federal regu5 latory process. 

6 SEC. 3403. CONGRESSIONAL REVIEW OF AGENCY RULE7 MAKING. 

8 Chapter 8 of title 5, United States Code, is amended 

9 to read as follows: 

10 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

11 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 

‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

12 ‘‘§ 801. Congressional review 

13 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

14 agency promulgating such rule shall submit to each House 

15 of the Congress and to the Comptroller General a report 

16 containing— 

17 ‘‘(i) a copy of the rule; 

18 ‘‘(ii) a concise general statement relating to the 

19 rule; 

20 ‘‘(iii) a classification of the rule as a major or 

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1 sification specifically addressing each criteria for a 

2 major rule contained within sections 804(2)(A), 

3 804(2)(B), and 804(2)(C); 

4 ‘‘(iv) a list of any other related regulatory ac5 tions intended to implement the same statutory pro6 vision or regulatory objective as well as the indi7 vidual and aggregate economic effects of those ac8 tions; and 

9 ‘‘(v) the proposed effective date of the rule. 

10 ‘‘(B) On the date of the submission of the report 

11 under subparagraph (A), the Federal agency promulgating 

12 the rule shall submit to the Comptroller General and make 

13 available to each House of Congress— 

14 ‘‘(i) a complete copy of the cost-benefit analysis 

15 of the rule, if any; 

16 ‘‘(ii) the agency’s actions pursuant to title 5 of 

17 the United States Code, sections 603, 604, 605, 

18 607, and 609; 

19 ‘‘(iii) the agency’s actions pursuant to title 2 of 

20 the United States Code, sections 1532, 1533, 1534, 

21 and 1535; and 

22 ‘‘(iv) any other relevant information or require23 ments under any other Act and any relevant Execu24 tive orders. 


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1 ‘‘(C) Upon receipt of a report submitted under sub2 paragraph (A), each House shall provide copies of the re3 port to the chairman and ranking member of each stand4 ing committee with jurisdiction under the rules of the 

5 House of Representatives or the Senate to report a bill 

6 to amend the provision of law under which the rule is 

7 issued. 

8 ‘‘(2)(A) The Comptroller General shall provide a re9 port on each major rule to the committees of jurisdiction 

10 by the end of 15 calendar days after the submission or 

11 publication date as provided in section 802(b)(2). The re12 port of the Comptroller General shall include an assess13 ment of the agency’s compliance with procedural steps re14 quired by paragraph (1)(B). 

15 ‘‘(B) Federal agencies shall cooperate with the Comp16 troller General by providing information relevant to the 

17 Comptroller General’s report under subparagraph (A). 

18 ‘‘(3) A major rule relating to a report submitted 

19 under paragraph (1) shall take effect upon enactment of 

20 a joint resolution of approval described in section 802 or 

21 as provided for in the rule following enactment of a joint 

22 resolution of approval described in section 802, whichever 

23 is later. 


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1 ‘‘(4) A nonmajor rule shall take effect as provided 

2 by section 803 after submission to Congress under para3 graph (1). 

4 ‘‘(5) If a joint resolution of approval relating to a 

5 major rule is not enacted within the period provided in 

6 subsection (b)(2), then a joint resolution of approval relat7 ing to the same rule may not be considered under this 

8 chapter in the same Congress by either the House of Rep9 resentatives or the Senate. 

10 ‘‘(b)(1) A major rule shall not take effect unless the 

11 Congress enacts a joint resolution of approval described 

12 under section 802. 

13 ‘‘(2) If a joint resolution described in subsection (a) 

14 is not enacted into law by the end of 70 session days or 

15 legislative days, as applicable, beginning on the date on 

16 which the report referred to in section 801(a)(1)(A) is re17 ceived by Congress (excluding days either House of Con18 gress is adjourned for more than 3 days during a session 

19 of Congress), then the rule described in that resolution 

20 shall be deemed not to be approved and such rule shall 

21 not take effect. 

22 ‘‘(c)(1) Notwithstanding any other provision of this 

23 section (except subject to paragraph (3)), a major rule 

24 may take effect for one 90-calendar-day period if the 

25 President makes a determination under paragraph (2) and 


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1 submits written notice of such determination to the Con2 gress. 

3 ‘‘(2) Paragraph (1) applies to a determination made 

4 by the President by Executive order that the major rule 

5 should take effect because such rule is— 

6 ‘‘(A) necessary because of an imminent threat 

7 to health or safety or other emergency; 

8 ‘‘(B) necessary for the enforcement of criminal 

9 laws; 

10 ‘‘(C) necessary for national security; or 

11 ‘‘(D) issued pursuant to any statute imple12 menting an international trade agreement. 

13 ‘‘(3) An exercise by the President of the authority 

14 under this subsection shall have no effect on the proce15 dures under section 802. 

16 ‘‘(d)(1) In addition to the opportunity for review oth17 erwise provided under this chapter, in the case of any rule 

18 for which a report was submitted in accordance with sub19 section (a)(1)(A) during the period beginning on the date 

20 occurring— 

21 ‘‘(A) in the case of the Senate, 60 session days, 

22 or 

23 ‘‘(B) in the case of the House of Representa24 tives, 60 legislative days, 


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1 before the date the Congress is scheduled to adjourn a 

2 session of Congress through the date on which the same 

3 or succeeding Congress first convenes its next session, sec4 tions 802 and 803 shall apply to such rule in the suc5 ceeding session of Congress. 

6 ‘‘(2)(A) In applying sections 802 and 803 for pur7 poses of such additional review, a rule described under 

8 paragraph (1) shall be treated as though— 

9 ‘‘(i) such rule were published in the Federal 

10 Register on— 

11 ‘‘(I) in the case of the Senate, the 15th 

12 session day, or 

13 ‘‘(II) in the case of the House of Rep14 resentatives, the 15th legislative day, 

15 after the succeeding session of Congress first con16 venes; and 

17 ‘‘(ii) a report on such rule were submitted to 

18 Congress under subsection (a)(1) on such date. 

19 ‘‘(B) Nothing in this paragraph shall be construed 

20 to affect the requirement under subsection (a)(1) that a 

21 report shall be submitted to Congress before a rule can 

22 take effect. 

23 ‘‘(3) A rule described under paragraph (1) shall take 

24 effect as otherwise provided by law (including other sub25 sections of this section). 


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1 ‘‘§ 802. Congressional approval procedure for major 

2 rules 

3 ‘‘(a) For purposes of this section, the term ‘joint res4 olution’ means only a joint resolution introduced on or 

5 after the date on which the report referred to in section 

6 801(a)(1)(A) is received by Congress (excluding days ei7 ther House of Congress is adjourned for more than 3 days 

8 during a session of Congress), the matter after the resolv9 ing clause of which is as follows: ‘That Congress approves 

10 the rule submitted by the l l relating to l l.’ (The 

11 blank spaces being appropriately filled in). 

12 ‘‘(1) In the House, the majority leader of the 

13 House of Representatives (or his designee) and the 

14 minority leader of the House of Representatives (or 

15 his designee) shall introduce such joint resolution 

16 described in subsection (a) (by request), within 3 

17 legislative days after Congress receives the report re18 ferred to in section 801(a)(1)(A). 

19 ‘‘(2) In the Senate, the majority leader of the 

20 Senate (or his designee) and the minority leader of 

21 the Senate (or his designee) shall introduce such 

22 joint resolution described in subsection (a) (by re23 quest), within 3 session days after Congress receives 

24 the report referred to in section 801(a)(1)(A). 

25 ‘‘(b)(1) A joint resolution described in subsection (a) 

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1 gress with jurisdiction under the rules of the House of 

2 Representatives or the Senate to report a bill to amend 

3 the provision of law under which the rule is issued. 

4 ‘‘(2) For purposes of this section, the term ‘submis5 sion date’ means the date on which the Congress receives 

6 the report submitted under section 801(a)(1). 

7 ‘‘(c) In the Senate, if the committee or committees 

8 to which a joint resolution described in subsection (a) has 

9 been referred have not reported it at the end of 15 session 

10 days after its introduction, such committee or committees 

11 shall be automatically discharged from further consider12 ation of the resolution and it shall be placed on the cal13 endar. A vote on final passage of the resolution shall be 

14 taken on or before the close of the 15th session day after 

15 the resolution is reported by the committee or committees 

16 to which it was referred, or after such committee or com17 mittees have been discharged from further consideration 

18 of the resolution. 

19 ‘‘(d)(1) In the Senate, when the committee or com20 mittees to which a joint resolution is referred have re21 ported, or when a committee or committees are discharged 

22 (under subsection (c)) from further consideration of a 

23 joint resolution described in subsection (a), it is at any 

24 time thereafter in order (even though a previous motion 

25 to the same effect has been disagreed to) for a motion 


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1 to proceed to the consideration of the joint resolution, and 

2 all points of order against the joint resolution (and against 

3 consideration of the joint resolution) are waived. The mo4 tion is not subject to amendment, or to a motion to post5 pone, or to a motion to proceed to the consideration of 

6 other business. A motion to reconsider the vote by which 

7 the motion is agreed to or disagreed to shall not be in 

8 order. If a motion to proceed to the consideration of the 

9 joint resolution is agreed to, the joint resolution shall re10 main the unfinished business of the Senate until disposed 

11 of. 

12 ‘‘(2) In the Senate, debate on the joint resolution, 

13 and on all debatable motions and appeals in connection 

14 therewith, shall be limited to not more than 2 hours, which 

15 shall be divided equally between those favoring and those 

16 opposing the joint resolution. A motion to further limit 

17 debate is in order and not debatable. An amendment to, 

18 or a motion to postpone, or a motion to proceed to the 

19 consideration of other business, or a motion to recommit 

20 the joint resolution is not in order. 

21 ‘‘(3) In the Senate, immediately following the conclu22 sion of the debate on a joint resolution described in sub23 section (a), and a single quorum call at the conclusion of 

24 the debate if requested in accordance with the rules of the 


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1 Senate, the vote on final passage of the joint resolution 

2 shall occur. 

3 ‘‘(4) Appeals from the decisions of the Chair relating 

4 to the application of the rules of the Senate to the proce5 dure relating to a joint resolution described in subsection 

6 (a) shall be decided without debate. 

7 ‘‘(e)(1) In the House of Representatives, if the com8 mittee or committees to which a joint resolution described 

9 in subsection (a) has been referred have not reported it 

10 at the end of 15 legislative days after its introduction, 

11 such committee or committees shall be automatically dis12 charged from further consideration of the resolution and 

13 it shall be placed on the appropriate calendar. A vote on 

14 final passage of the resolution shall be taken on or before 

15 the close of the 15th legislative day after the resolution 

16 is reported by the committee or committees to which it 

17 was referred, or after such committee or committees have 

18 been discharged from further consideration of the resolu19 tion. 

20 ‘‘(2)(A) A motion in the House of Representatives to 

21 proceed to the consideration of a resolution shall be privi22 leged and not debatable. An amendment to the motion 

23 shall not be in order, nor shall it be in order to move to 

24 reconsider the vote by which the motion is agreed to or 

25 disagreed to. 


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1 ‘‘(B) Debate in the House of Representatives on a 

2 resolution shall be limited to not more than two hours, 

3 which shall be divided equally between those favoring and 

4 those opposing the resolution. A motion to further limit 

5 debate shall not be debatable. No amendment to, or mo6 tion to recommit, the resolution shall be in order. It shall 

7 not be in order to reconsider the vote by which a resolution 

8 is agreed to or disagreed to. 

9 ‘‘(C) Motions to postpone, made in the House of Rep10 resentatives with respect to the consideration of a resolu11 tion, and motions to proceed to the consideration of other 

12 business, shall be decided without debate. 

13 ‘‘(D) All appeals from the decisions of the Chair re14 lating to the application of the Rules of the House of Rep15 resentatives to the procedure relating to a resolution shall 

16 be decided without debate. 

17 ‘‘(f) If, before the passage by one House of a joint 

18 resolution of that House described in subsection (a), that 

19 House receives from the other House a joint resolution 

20 described in subsection (a), then the following procedures 

21 shall apply with respect to a joint resolution described in 

22 subsection (a) of the House receiving the joint resolu23 tion— 


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1 ‘‘(1) the procedure in that House shall be the 

2 same as if no joint resolution had been received from 

3 the other House; but 

4 ‘‘(2) the vote on final passage shall be on the 

5 joint resolution of the other House. 

6 ‘‘(g) The enactment of a resolution of approval does 

7 not serve as a grant or modification of statutory authority 

8 by Congress for the promulgation of a rule, does not extin9 guish or affect any claim, whether substantive or proce10 dural, against any alleged defect in a rule, and shall not 

11 form part of the record before the court in any judicial 

12 proceeding concerning a rule. 

13 ‘‘(h) This section and section 803 are enacted by 

14 Congress— 

15 ‘‘(1) as an exercise of the rulemaking power of 

16 the Senate and House of Representatives, respec17 tively, and as such it is deemed a part of the rules 

18 of each House, respectively, but applicable only with 

19 respect to the procedure to be followed in that 

20 House in the case of a joint resolution described in 

21 subsection (a), and it supersedes other rules only to 

22 the extent that it is inconsistent with such rules; and 

23 ‘‘(2) with full recognition of the constitutional 

24 right of either House to change the rules (so far as 

25 relating to the procedure of that House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 ‘‘§ 803. Congressional disapproval procedure for 

4 nonmajor rules 

5 ‘‘(a) For purposes of this section, the term ‘joint res6 olution’ means only a joint resolution introduced in the 

7 period beginning on the date on which the report referred 

8 to in section 801(a)(1)(A) is received by Congress and 

9 ending 60 days thereafter (excluding days either House 

10 of Congress is adjourned for more than 3 days during a 

11 session of Congress), the matter after the resolving clause 

12 of which is as follows: ‘That Congress disapproves the 

13 nonmajor rule submitted by the l l relating to l l, 

14 and such rule shall have no force or effect.’ (The blank 

15 spaces being appropriately filled in). 

16 ‘‘(b)(1) A joint resolution described in subsection (a) 

17 shall be referred to the committees in each House of Con18 gress with jurisdiction. 

19 ‘‘(2) For purposes of this section, the term ‘submis20 sion or publication date’ means the later of the date on 

21 which— 

22 ‘‘(A) the Congress receives the report submitted 

23 under section 801(a)(1); or 

24 ‘‘(B) the nonmajor rule is published in the Fed25 eral Register, if so published. 


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1 ‘‘(c) In the Senate, if the committee to which is re2 ferred a joint resolution described in subsection (a) has 

3 not reported such joint resolution (or an identical joint 

4 resolution) at the end of 15 session days after the date 

5 of introduction of the joint resolution, such committee may 

6 be discharged from further consideration of such joint res7 olution upon a petition supported in writing by 30 Mem8 bers of the Senate, and such joint resolution shall be 

9 placed on the calendar. 

10 ‘‘(d)(1) In the Senate, when the committee to which 

11 a joint resolution is referred has reported, or when a com12 mittee is discharged (under subsection (c)) from further 

13 consideration of a joint resolution described in subsection 

14 (a), it is at any time thereafter in order (even though a 

15 previous motion to the same effect has been disagreed to) 

16 for a motion to proceed to the consideration of the joint 

17 resolution, and all points of order against the joint resolu18 tion (and against consideration of the joint resolution) are 

19 waived. The motion is not subject to amendment, or to 

20 a motion to postpone, or to a motion to proceed to the 

21 consideration of other business. A motion to reconsider the 

22 vote by which the motion is agreed to or disagreed to shall 

23 not be in order. If a motion to proceed to the consideration 

24 of the joint resolution is agreed to, the joint resolution 


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1 shall remain the unfinished business of the Senate until 

2 disposed of. 

3 ‘‘(2) In the Senate, debate on the joint resolution, 

4 and on all debatable motions and appeals in connection 

5 therewith, shall be limited to not more than 10 hours, 

6 which shall be divided equally between those favoring and 

7 those opposing the joint resolution. A motion to further 

8 limit debate is in order and not debatable. An amendment 

9 to, or a motion to postpone, or a motion to proceed to 

10 the consideration of other business, or a motion to recom11 mit the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following the conclu13 sion of the debate on a joint resolution described in sub14 section (a), and a single quorum call at the conclusion of 

15 the debate if requested in accordance with the rules of the 

16 Senate, the vote on final passage of the joint resolution 

17 shall occur. 

18 ‘‘(4) Appeals from the decisions of the Chair relating 

19 to the application of the rules of the Senate to the proce20 dure relating to a joint resolution described in subsection 

21 (a) shall be decided without debate. 

22 ‘‘(e) In the Senate the procedure specified in sub23 section (c) or (d) shall not apply to the consideration of 

24 a joint resolution respecting a nonmajor rule— 


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1 ‘‘(1) after the expiration of the 60 session days 

2 beginning with the applicable submission or publica3 tion date, or 

4 ‘‘(2) if the report under section 801(a)(1)(A) 

5 was submitted during the period referred to in sec6 tion 801(d)(1), after the expiration of the 60 session 

7 days beginning on the 15th session day after the 

8 succeeding session of Congress first convenes. 

9 ‘‘(f) If, before the passage by one House of a joint 

10 resolution of that House described in subsection (a), that 

11 House receives from the other House a joint resolution 

12 described in subsection (a), then the following procedures 

13 shall apply: 

14 ‘‘(1) The joint resolution of the other House 

15 shall not be referred to a committee. 

16 ‘‘(2) With respect to a joint resolution described 

17 in subsection (a) of the House receiving the joint 

18 resolution— 

19 ‘‘(A) the procedure in that House shall be 

20 the same as if no joint resolution had been re21 ceived from the other House; but 

22 ‘‘(B) the vote on final passage shall be on 

23 the joint resolution of the other House. 

24 ‘‘§ 804. Definitions 

25 ‘‘For purposes of this chapter— 


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1 ‘‘(1) the term ‘Federal agency’ means any agen2 cy as that term is defined in section 551(1); 

3 ‘‘(2) the term ‘major rule’ means any rule, in4 cluding an interim final rule, that the Administrator 

5 of the Office of Information and Regulatory Affairs 

6 of the Office of Management and Budget finds has 

7 resulted in or is likely to result in— 

8 ‘‘(A) an annual effect on the economy of 

9 $100,000,000 or more; 

10 ‘‘(B) a major increase in costs or prices for 

11 consumers, individual industries, Federal, 

12 State, or local government agencies, or geo13 graphic regions; or 

14 ‘‘(C) significant adverse effects on competi15 tion, employment, investment, productivity, in16 novation, or on the ability of United States17 based enterprises to compete with foreign-based 

18 enterprises in domestic and export markets; 

19 ‘‘(3) the term ‘nonmajor rule’ means any rule 

20 that is not a major rule; and 

21 ‘‘(4) the term ‘rule’ has the meaning given such 

22 term in section 551, except that such term does not 

23 include— 

24 ‘‘(A) any rule of particular applicability, 

25 including a rule that approves or prescribes for 


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1 the future rates, wages, prices, services, or al2 lowances therefore, corporate or financial struc3 tures, reorganizations, mergers, or acquisitions 

4 thereof, or accounting practices or disclosures 

5 bearing on any of the foregoing; 

6 ‘‘(B) any rule relating to agency manage7 ment or personnel; or 

8 ‘‘(C) any rule of agency organization, pro9 cedure, or practice that does not substantially 

10 affect the rights or obligations of non-agency 

11 parties. 

12 ‘‘§ 805. Judicial review 

13 ‘‘(a) No determination, finding, action, or omission 

14 under this chapter shall be subject to judicial review. 

15 ‘‘(b) Notwithstanding subsection (a), a court may de16 termine whether a Federal agency has completed the nec17 essary requirements under this chapter for a rule to take 

18 effect. 

19 ‘‘§ 806. Exemption for monetary policy 

20 ‘‘Nothing in this chapter shall apply to rules that con21 cern monetary policy proposed or implemented by the 

22 Board of Governors of the Federal Reserve System or the 

23 Federal Open Market Committee. 

24 ‘‘§ 807. Effective date of certain rules 

25 ‘‘Notwithstanding section 801— 


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1 ‘‘(1) any rule that establishes, modifies, opens, 

2 closes, or conducts a regulatory program for a com3 mercial, recreational, or subsistence activity related 

4 to hunting, fishing, or camping; or 

5 ‘‘(2) any rule other than a major rule which an 

6 agency for good cause finds (and incorporates the 

7 finding and a brief statement of reasons therefore in 

8 the rule issued) that notice and public procedure 

9 thereon are impracticable, unnecessary, or contrary 

10 to the public interest, 

11 shall take effect at such time as the Federal agency pro12 mulgating the rule determines.’’. 

13 TITLE V—REGULATION MORATO14 RIUM AND JOBS PRESERVA15 TION ACT 

16 SEC. 3501. SHORT TITLE. 

17 This title may be cited as the ‘‘Regulation Morato18 rium and Jobs Preservation Act’’. 

19 SEC. 3502. DEFINITIONS. 

20 In this title— 

21 (1) the term ‘‘agency’’ has the meaning given 

22 under section 3502(1) of title 44, United States 

23 Code; 

24 (2) the term ‘‘regulatory action’’ means any 

25 substantive action by an agency that promulgates or 


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1 is expected to lead to the promulgation of a final 

2 regulation, including notices of inquiry, advance no3 tices of proposed rulemaking, and notices of pro4 posed rulemaking; 

5 (3) the term ‘‘significant regulatory action’’ 

6 means any regulatory action that is likely to result 

7 in a rule or guidance that may— 

8 (A) have an annual effect on the economy 

9 of $100,000,000 or more or adversely affect in 

10 a material way the economy, a sector of the 

11 economy, productivity, competition, jobs, the 

12 environment, public health or safety, small enti13 ties, or State, local, or tribal governments or 

14 communities; 

15 (B) create a serious inconsistency or other16 wise interfere with an action taken or planned 

17 by another agency; 

18 (C) materially alter the budgetary impact 

19 of entitlements, grants, user fees, or loan pro20 grams or the rights and obligations of recipi21 ents thereof; or 

22 (D) raise novel legal or policy issues; and 

23 (4) the term ‘‘small entities’’ has the meaning 

24 given under section 601(6) of title 5, United States 

25 Code. 


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1 SEC. 3503. SIGNIFICANT REGULATORY ACTIONS. 

2 (a) IN GENERAL.—No agency may take any signifi3 cant regulatory action, until the Bureau of Labor Statis4 tics average of monthly unemployment rates for any quar5 ter beginning after the date of enactment of this Act is 

6 equal to or less than 7.7 percent. 

7 (b) DETERMINATION.—The Secretary of Labor shall 

8 submit a report to the Director of the Office of Manage9 ment and Budget whenever the Secretary determines that 

10 the Bureau of Labor Statistics average of monthly unem11 ployment rates for any quarter beginning after the date 

12 of enactment of this Act is equal to or less than 7.7 per13 cent. 

14 SEC. 3504. WAIVERS. 

15 (a) NATIONAL SECURITY OR NATIONAL EMER16 GENCY.—The President may waive the application of sec17 tion 3 to any significant regulatory action, if the Presi18 dent— 

19 (1) determines that the waiver is necessary on 

20 the basis of national security or a national emer21 gency; and 

22 (2) submits notification to Congress of that 

23 waiver and the reasons for that waiver. 

24 (b) ADDITIONAL WAIVERS.— 


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1 (1) SUBMISSION.—The President may submit a 

2 request to Congress for a waiver of the application 

3 of section 3 to any significant regulatory action. 

4 (2) CONTENTS.—A submission under this sub5 section shall include— 

6 (A) an identification of the significant reg7 ulatory action; and 

8 (B) the reasons which necessitate a waiver 

9 for that significant regulatory action. 

10 (3) CONGRESSIONAL ACTION.—Congress shall 

11 give expeditious consideration and take appropriate 

12 legislative action with respect to any waiver request 

13 submitted under this subsection. 

14 SEC. 3505. JUDICIAL REVIEW. 

15 (a) DEFINITION.—In this section, the term ‘‘small 

16 business’’ means any business, including an unincor17 porated business or a sole proprietorship, that employs not 

18 more than 500 employees or that has a net worth of less 

19 than $7,000,000 on the date a civil action arising under 

20 this Act is filed. 

21 (b) REVIEW.—Any person that is adversely affected 

22 or aggrieved by any significant regulatory action in viola23 tion of this Act is entitled to judicial review in accordance 

24 with chapter 7 of title 5, United States Code. 


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1 (c) JURISDICTION.—Each court having jurisdiction 

2 to review any significant regulatory action for compliance 

3 with any other provision of law shall have jurisdiction to 

4 review all claims under this Act. 

5 (d) RELIEF.—In granting any relief in any civil ac6 tion under this section, the court shall order the agency 

7 to take corrective action consistent with this Act and chap8 ter 7 of title 5, United States Code, including remanding 

9 the significant regulatory action to the agency and enjoin10 ing the application or enforcement of that significant regu11 latory action, unless the court finds by a preponderance 

12 of the evidence that application or enforcement is required 

13 to protect against an imminent and serious threat to the 

14 national security from persons or states engaged in hostile 

15 or military activities against the United States. 

16 (e) REASONABLE ATTORNEY FEES FOR SMALL BUSI17 NESSES.—The court shall award reasonable attorney fees 

18 and costs to a substantially prevailing small business in 

19 any civil action arising under this Act. A party qualifies 

20 as substantially prevailing even without obtaining a final 

21 judgment in its favor if the agency changes its position 

22 as a result of the civil action. 

23 (f) LIMITATION ON COMMENCING CIVIL ACTION.— 

24 A person may seek and obtain judicial review during the 

25 1-year period beginning on the date of the challenged 


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1 agency action or within 90 days after an enforcement ac2 tion or notice thereof, except that where another provision 

3 of law requires that a civil action be commenced before 

4 the expiration of that 1-year period, such lesser period 

5 shall apply. 

6 TITLE VI—FREEDOM FROM RE7 STRICTIVE EXCESSIVE EXEC8 UTIVE DEMANDS AND ONER9 OUS MANDATES ACT OF 2011 

10 SEC. 3601. SHORT TITLE. 

11 This title may be cited as the ‘‘Freedom from Restric12 tive Excessive Executive Demands and Onerous Mandates 

13 Act of 2011’’. 

14 SEC. 3602. FINDINGS. 

15 Congress finds the following: 

16 (1) A vibrant and growing small business sector 

17 is critical to the recovery of the economy of the 

18 United States. 

19 (2) Regulations designed for application to 

20 large-scale entities have been applied uniformly to 

21 small businesses and other small entities, sometimes 

22 inhibiting the ability of small entities to create new 

23 jobs. 

24 (3) Uniform Federal regulatory and reporting 

25 requirements in many instances have imposed on 


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1 small businesses and other small entities unneces2 sary and disproportionately burdensome demands, 

3 including legal, accounting, and consulting costs, 

4 thereby threatening the viability of small entities 

5 and the ability of small entities to compete and cre6 ate new jobs in a global marketplace. 

7 (4) Since 1980, Federal agencies have been re8 quired to recognize and take account of the dif9 ferences in the scale and resources of regulated enti10 ties, but in many instances have failed to do so. 

11 (5) In 2009, there were nearly 70,000 pages in 

12 the Federal Register, and, according to research by 

13 the Office of Advocacy of the Small Business Admin14 istration, the annual cost of Federal regulations to15 tals $1,750,000,000,000. Small firms bear a dis16 proportionate burden, paying approximately 36 per17 cent more per employee than larger firms in annual 

18 regulatory compliance costs. 

19 (6) All agencies in the Federal Government 

20 should fully consider the costs, including indirect 

21 economic impacts and the potential for job loss, of 

22 proposed rules, periodically review existing regula23 tions to determine their impact on small entities, 

24 and repeal regulations that are unnecessarily dupli25 cative or have outlived their stated purpose. 


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1 (7) It is the intention of Congress to amend 

2 chapter 6 of title 5, United States Code, to ensure 

3 that all impacts, including foreseeable indirect ef4 fects, of proposed and final rules are considered by 

5 agencies during the rulemaking process and that the 

6 agencies assess a full range of alternatives that will 

7 limit adverse economic consequences, enhance eco8 nomic benefits, and fully address potential job loss. 

9 SEC. 3603. INCLUDING INDIRECT ECONOMIC IMPACT IN 

10 SMALL ENTITY ANALYSES. 

11 Section 601 of title 5, United States Code, is amend12 ed by adding at the end the following: 

13 ‘‘(9) the term ‘economic impact’ means, with 

14 respect to a proposed or final rule— 

15 ‘‘(A) the economic effects on small entities 

16 directly regulated by the rule; and 

17 ‘‘(B) the reasonably foreseeable economic 

18 effects of the rule on small entities that— 

19 ‘‘(i) purchase products or services 

20 from, sell products or services to, or other21 wise conduct business with entities directly 

22 regulated by the rule; 

23 ‘‘(ii) are directly regulated by other 

24 governmental entities as a result of the 

25 rule; or 


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1 ‘‘(iii) are not directly regulated by the 

2 agency as a result of the rule but are oth3 erwise subject to other agency regulations 

4 as a result of the rule.’’. 

5 SEC. 3604. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES 

6 TO CHALLENGE PROPOSED REGULATIONS. 

7 Section 611(a) of title 5, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by inserting ‘‘603,’’ after 

10 ‘‘601,’’; 

11 (2) in paragraph (2), by inserting ‘‘603,’’ after 

12 ‘‘601,’’; 

13 (3) by striking paragraph (3) and inserting the 

14 following: 

15 ‘‘(3) A small entity may seek such review during the 

16 1-year period beginning on the date of final agency action, 

17 except that— 

18 ‘‘(A) if a provision of law requires that an ac19 tion challenging a final agency action be commenced 

20 before the expiration of 1 year, the lesser period 

21 shall apply to an action for judicial review under this 

22 section; and 

23 ‘‘(B) in the case of noncompliance with section 

24 603 or 605(b), a small entity may seek judicial reVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 view of agency compliance with such section before 

2 the close of the public comment period.’’; and 

3 (4) in paragraph (4)— 

4 (A) in subparagraph (A), by striking ‘‘, 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (B), by striking the 

7 period and inserting ‘‘; or’’; and 

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

9 ‘‘(C) issuing an injunction prohibiting an agen10 cy from taking any agency action with respect to a 

11 rulemaking until that agency is in compliance with 

12 the requirements of section 603 or 605.’’. 

13 SEC. 3605. PERIODIC REVIEW. 

14 Section 610 of title 5, United States Code, is amend15 ed to read as follows: 

16 ‘‘§ 610. Periodic review of rules 

17 ‘‘(a)(1) Not later than 180 days after the date of en18 actment of the Freedom from Restrictive Excessive Execu19 tive Demands and Onerous Mandates Act of 2011, each 

20 agency shall establish a plan for the periodic review of— 

21 ‘‘(A) each rule issued by the agency that the 

22 head of the agency determines has a significant eco23 nomic impact on a substantial number of small enti24 ties, without regard to whether the agency perVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 formed an analysis under section 604 with respect to 

2 the rule; and 

3 ‘‘(B) any small entity compliance guide required 

4 to be published by the agency under section 212 of 

5 the Small Business Regulatory Enforcement Fair6 ness Act of 1996 (5 U.S.C. 601 note). 

7 ‘‘(2) In reviewing rules and small entity compliance 

8 guides under paragraph (1), the agency shall determine 

9 whether the rules and guides should— 

10 ‘‘(A) be amended or rescinded, consistent with 

11 the stated objectives of applicable statutes, to mini12 mize any significant adverse economic impacts on a 

13 substantial number of small entities (including an 

14 estimate of any adverse impacts on job creation and 

15 employment by small entities); or 

16 ‘‘(B) continue in effect without change. 

17 ‘‘(3) Each agency shall publish the plan established 

18 under paragraph (1) in the Federal Register and on the 

19 Web site of the agency. 

20 ‘‘(4) An agency may amend the plan established 

21 under paragraph (1) at any time by publishing the amend22 ment in the Federal Register and on the Web site of the 

23 agency. 

24 ‘‘(b) Each plan established under subsection (a) shall 

25 provide for— 


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1 ‘‘(1) the review of each rule and small entity 

2 compliance guide described in subsection (a)(1) in 

3 effect on the date of enactment of the Freedom from 

4 Restrictive Excessive Executive Demands and Oner5 ous Mandates Act of 2011— 

6 ‘‘(A) not later than 9 years after the date 

7 of publication of the plan in the Federal Reg8 ister; and 

9 ‘‘(B) every 9 years thereafter; and 

10 ‘‘(2) the review of each rule adopted and small 

11 entity compliance guide described in subsection 

12 (a)(1) that is published after the date of enactment 

13 of the Freedom from Restrictive Excessive Executive 

14 Demands and Onerous Mandates Act of 2011— 

15 ‘‘(A) not later than 9 years after the publi16 cation of the final rule in the Federal Register; 

17 and 

18 ‘‘(B) every 9 years thereafter. 

19 ‘‘(c) In reviewing rules under the plan required under 

20 subsection (a), the agency shall consider— 

21 ‘‘(1) the continued need for the rule; 

22 ‘‘(2) the nature of complaints received by the 

23 agency from small entities concerning the rule; 


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1 ‘‘(3) comments by the Regulatory Enforcement 

2 Ombudsman and the Chief Counsel for Advocacy of 

3 the Small Business Administration; 

4 ‘‘(4) the complexity of the rule; 

5 ‘‘(5) the extent to which the rule overlaps, du6 plicates, or conflicts with other Federal rules and, 

7 unless the head of the agency determines it to be in8 feasible, State and local rules; 

9 ‘‘(6) the contribution of the rule to the cumu10 lative economic impact of all Federal rules on the 

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

12 head of the agency determines that such a calcula13 tion cannot be made; 

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

15 evaluated, or the degree to which technology, eco16 nomic conditions, or other factors have changed in 

17 the area affected by the rule; and 

18 ‘‘(8) the economic impact of the rule, includ19 ing— 

20 ‘‘(A) the estimated number of small enti21 ties to which the rule will apply; 

22 ‘‘(B) the estimated number of small entity 

23 jobs that will be lost or created due to the rule; 

24 and 


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1 ‘‘(C) the projected reporting, record2 keeping, and other compliance requirements of 

3 the proposed rule, including— 

4 ‘‘(i) an estimate of the classes of small 

5 entities that will be subject to the require6 ment; and 

7 ‘‘(ii) the type of professional skills 

8 necessary for preparation of the report or 

9 record. 

10 ‘‘(d)(1) Each agency shall submit an annual report 

11 regarding the results of the review required under sub12 section (a) to— 

13 ‘‘(A) Congress; and 

14 ‘‘(B) in the case of an agency that is not an 

15 independent regulatory agency (as defined in section 

16 3502(5) of title 44), the Administrator of the Office 

17 of Information and Regulatory Affairs of the Office 

18 of Management and Budget. 

19 ‘‘(2) Each report required under paragraph (1) shall 

20 include a description of any rule or guide with respect to 

21 which the agency made a determination of infeasibility 

22 under paragraph (5) or (6) of subsection (c), together with 

23 a detailed explanation of the reasons for the determina24 tion. 


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1 ‘‘(e) Each agency shall publish in the Federal Reg2 ister and on the Web site of the agency a list of the rules 

3 and small entity compliance guides to be reviewed under 

4 the plan required under subsection (a) that includes— 

5 ‘‘(1) a brief description of each rule or guide; 

6 ‘‘(2) for each rule, the reason why the head of 

7 the agency determined that the rule has a significant 

8 economic impact on a substantial number of small 

9 entities (without regard to whether the agency had 

10 prepared a final regulatory flexibility analysis for the 

11 rule); and 

12 ‘‘(3) a request for comments from the public, 

13 the Chief Counsel for Advocacy of the Small Busi14 ness Administration, and the Regulatory Enforce15 ment Ombudsman concerning the enforcement of the 

16 rules or publication of the guides. 

17 ‘‘(f)(1) Not later than 6 months after each date de18 scribed in subsection (b)(1), the Inspector General for 

19 each agency shall— 

20 ‘‘(A) determine whether the agency has con21 ducted the review required under subsection (b) ap22 propriately; and 

23 ‘‘(B) notify the head of the agency of— 

24 ‘‘(i) the results of the determination under 

25 subparagraph (A); and 


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1 ‘‘(ii) any issues preventing the Inspector 

2 General from determining that the agency has 

3 conducted the review under subsection (b) ap4 propriately. 

5 ‘‘(2)(A) Not later than 6 months after the date on 

6 which the head of an agency receives a notice under para7 graph (1)(B) that the agency has not conducted the review 

8 under subsection (b) appropriately, the agency shall ad9 dress the issues identified in the notice. 

10 ‘‘(B) Not later than 30 days after the last day of the 

11 6-month period described in subparagraph (A), the In12 spector General for an agency that receives a notice de13 scribed in subparagraph (A) shall— 

14 ‘‘(i) determine whether the agency has ad15 dressed the issues identified in the notice; and 

16 ‘‘(ii) notify Congress if the Inspector General 

17 determines that the agency has not addressed the 

18 issues identified in the notice; and 

19 ‘‘(C) Not later than 30 days after the date on which 

20 the Inspector General for an agency transmits a notice 

21 under subparagraph (B)(ii), an amount equal to 1 percent 

22 of the amount appropriated for the fiscal year to the ap23 propriations account of the agency that is used to pay sal24 aries shall be rescinded. 


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1 ‘‘(D) Nothing in this paragraph may be construed to 

2 prevent Congress from acting to prevent a rescission 

3 under subparagraph (C).’’. 

4 SEC. 3606. REQUIRING SMALL BUSINESS REVIEW PANELS 

5 FOR ADDITIONAL AGENCIES. 

6 (a) AGENCIES.—Section 609 of title 5, United States 

7 Code, is amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘a covered agency’’ the 

10 first place it appears and inserting ‘‘an agency 

11 designated under subsection (d)’’; and 

12 (B) by striking ‘‘a covered agency’’ each 

13 place it appears and inserting ‘‘the agency’’; 

14 (2) by striking subsection (d), as amended by 

15 section 1100G(a) of Public Law 111–203 (124 Stat. 

16 2112), and inserting the following: 

17 ‘‘(d)(1)(A) On and after the date of enactment of the 

18 Freedom from Restrictive Excessive Executive Demands 

19 and Onerous Mandates Act of 2011, the Environmental 

20 Protection Agency and the Occupational Safety and 

21 Health Administration of the Department of Labor shall 

22 be— 

23 ‘‘(i) agencies designated under this subsection; 

24 and 


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1 ‘‘(ii) subject to the requirements of subsection 

2 (b). 

3 ‘‘(B) On and after the designated transfer date estab4 lished under section 1062 of Public Law 111–203 (12 

5 U.S.C. 5582), the Bureau of Consumer Financial Protec6 tion shall be— 

7 ‘‘(i) an agency designated under this subsection; 

8 and 

9 ‘‘(ii) subject to the requirements of subsection 

10 (b). 

11 ‘‘(2) The Chief Counsel for Advocacy shall designate 

12 as agencies that shall be subject to the requirements of 

13 subsection (b) on and after the date of the designation— 

14 ‘‘(A) 3 agencies for the first year after the date 

15 of enactment of the Freedom from Restrictive Ex16 cessive Executive Demands and Onerous Mandates 

17 Act of 2011; 

18 ‘‘(B) in addition to the agencies designated 

19 under subparagraph (A), 3 agencies for the second 

20 year after the date of enactment of the Freedom 

21 from Restrictive Excessive Executive Demands and 

22 Onerous Mandates Act of 2011; and 

23 ‘‘(C) in addition to the agencies designated 

24 under subparagraphs (A) and (B), 3 agencies for the 

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1 dom from Restrictive Excessive Executive Demands 

2 and Onerous Mandates Act of 2011. 

3 ‘‘(3) The Chief Counsel for Advocacy shall designate 

4 agencies under paragraph (2) based on the economic im5 pact of the rules of the agency on small entities, beginning 

6 with agencies with the largest economic impact on small 

7 entities.’’; and 

8 (3) in subsection (e)(1), by striking ‘‘the cov9 ered agency’’ and inserting ‘‘the agency’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) SECTION 603.—Section 603(d) of title 5, 

12 United States Code, as added by section 1100G(b) 

13 of Public Law 111–203 (124 Stat. 2112), is amend14 ed— 

15 (A) in paragraph (1), by striking ‘‘a cov16 ered agency, as defined in section 609(d)(2)’’ 

17 and inserting ‘‘the Bureau of Consumer Finan18 cial Protection’’; and 

19 (B) in paragraph (2), by striking ‘‘A cov20 ered agency, as defined in section 609(d)(2),’’ 

21 and inserting ‘‘The Bureau of Consumer Finan22 cial Protection’’. 

23 (2) SECTION 604.—Section 604(a) of title 5, 

24 United States Code, is amended— 


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1 (A) by redesignating the second paragraph 

2 designated as paragraph (6) (relating to cov3 ered agencies), as added by section 1100G(c)(3) 

4 of Public Law 111–203 (124 Stat. 2113), as 

5 paragraph (7); and 

6 (B) in paragraph (7), as so redesignated— 

7 (i) by striking ‘‘a covered agency, as 

8 defined in section 609(d)(2)’’ and inserting 

9 ‘‘the Bureau of Consumer Financial Pro10 tection’’; and 

11 (ii) by striking ‘‘the agency’’ and in12 serting ‘‘the Bureau’’. 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall take effect on the date of en15 actment of this Act and apply on and after the des16 ignated transfer date established under section 1062 

17 of Public Law 111–203 (12 U.S.C. 5582). 

18 SEC. 3607. EXPANDING THE REGULATORY FLEXIBILITY ACT 

19 TO AGENCY GUIDANCE DOCUMENTS. 

20 Section 601(2) of title 5, United States Code, is 

21 amended by inserting after ‘‘public comment’’ the fol22 lowing: ‘‘and any significant guidance document, as de23 fined in the Office of Management and Budget Final Bul24 letin for Agency Good Guidance Procedures (72 Fed. Reg. 

25 3432; January 25, 2007)’’. 


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1 SEC. 3608. REQUIRING THE INTERNAL REVENUE SERVICE 

2 TO CONSIDER SMALL ENTITY IMPACT. 

3 (a) IN GENERAL.—Section 603(a) of title 5, United 

4 States Code, is amended, in the fifth sentence, by striking 

5 ‘‘but only’’ and all that follows through the period at the 

6 end and inserting ‘‘but only to the extent that such inter7 pretative rules, or the statutes upon which such rules are 

8 based, impose on small entities a collection of information 

9 requirement or a recordkeeping requirement.’’. 

10 (b) DEFINITIONS.—Section 601 of title 5, United 

11 States Code, as amended by section 3 of this Act, is 

12 amended— 

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

14 end; and 

15 (2) by striking paragraphs (7) and (8) and in16 serting the following: 

17 ‘‘(7) the term ‘collection of information’ has the 

18 meaning given that term in section 3502(3) of title 

19 44; 

20 ‘‘(8) the term ‘recordkeeping requirement’ has 

21 the meaning given that term in section 3502(13) of 

22 title 44; and’’. 


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1 SEC. 3609. REPORTING ON ENFORCEMENT ACTIONS RELAT2 ING TO SMALL ENTITIES. 

3 Section 223 of the Small Business Regulatory En4 forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘Each agency’’ and insert8 ing the following: 

9 ‘‘(1) ESTABLISHMENT OF POLICY OR PRO10 GRAM.—Each agency’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later 

13 than 2 years after the date of enactment of the 

14 Freedom from Restrictive Excessive Executive De15 mands and Onerous Mandates Act of 2011, and 

16 every 2 years thereafter, each agency regulating the 

17 activities of small entities shall review the civil pen18 alties imposed by the agency for violations of a stat19 utory or regulatory requirement by a small entity to 

20 determine whether a reduction or waiver of the civil 

21 penalties is appropriate.’’; and 

22 (2) in subsection (c)— 

23 (A) by striking ‘‘Agencies shall report’’ 

24 and all that follows through ‘‘the scope’’ and in25 serting ‘‘Not later than 2 years after the date 

26 of enactment of the Freedom from Restrictive 


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1 Excessive Executive Demands and Onerous 

2 Mandates Act of 2011, and every 2 years there3 after, each agency shall submit to the Com4 mittee on Small Business and Entrepreneurship 

5 and the Committee on Homeland Security and 

6 Governmental Affairs of the Senate and the 

7 Committee on Small Business and the Com8 mittee on the Judiciary of the House of Rep9 resentatives a report discussing the scope’’; and 

10 (B) by striking ‘‘and the total amount of 

11 penalty reductions and waivers’’ and inserting 

12 ‘‘the total amount of penalty reductions and 

13 waivers, and the results of the most recent re14 view under subsection (a)(2)’’. 

15 SEC. 3610. REQUIRING MORE DETAILED SMALL ENTITY 

16 ANALYSES. 

17 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

18 Section 603 of title 5, United States Code, as amended 

19 by section 1100G(b) of Public Law 111–203 (124 Stat. 

20 2112), is amended— 

21 (1) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) Each initial regulatory flexibility analysis re24 quired under this section shall contain a detailed state25 ment— 


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

2 agency is being considered; 

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

4 for, the proposed rule; 

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

6 entities to which the proposed rule will apply; 

7 ‘‘(4) describing the projected reporting, record8 keeping, and other compliance requirements of the 

9 proposed rule, including an estimate of the classes of 

10 small entities which will be subject to the require11 ment and the type of professional skills necessary 

12 for preparation of the report and record; 

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

14 may duplicate, overlap, or conflict with the proposed 

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

16 be provided; and 

17 ‘‘(6) estimating the additional cumulative eco18 nomic impact of the proposed rule on small entities, 

19 including job loss by small entities, beyond that al20 ready imposed on the class of small entities by the 

21 agency, or the reasons why such an estimate is not 

22 available.’’; and 

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

24 ‘‘(e) An agency shall notify the Chief Counsel for Ad25 vocacy of the Small Business Administration of any draft 


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1 rules that may have a significant economic impact on a 

2 substantial number of small entities— 

3 ‘‘(1) when the agency submits a draft rule to 

4 the Office of Information and Regulatory Affairs of 

5 the Office of Management and Budget under Execu6 tive Order 12866, if that order requires the submis7 sion; or 

8 ‘‘(2) if no submission to the Office of Informa9 tion and Regulatory Affairs is required— 

10 ‘‘(A) a reasonable period before publication 

11 of the rule by the agency; and 

12 ‘‘(B) in any event, not later than 3 months 

13 before the date on which the agency publishes 

14 the rule.’’. 

15 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

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

17 United States Code, is amended— 

18 (A) by inserting ‘‘detailed’’ before ‘‘de19 scription’’ each place it appears; 

20 (B) in paragraph (2)— 

21 (i) by inserting ‘‘detailed’’ before 

22 ‘‘statement’’ each place it appears; and 

23 (ii) by inserting ‘‘(or certification of 

24 the proposed rule under section 605(b))’’ 


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1 after ‘‘initial regulatory flexibility anal2 ysis’’; 

3 (C) in paragraph (4), by striking ‘‘an ex4 planation’’ and inserting ‘‘a detailed expla5 nation’’; and 

6 (D) in paragraph (6) (relating to a de7 scription of steps taken to minimize significant 

8 economic impact), as added by section 1601 of 

9 the Small Business Jobs Act of 2010 (Public 

10 Law 111–240; 124 Stat. 2251), by inserting 

11 ‘‘detailed’’ before ‘‘statement’’. 

12 (2) PUBLICATION OF ANALYSIS ON WEB SITE, 

13 ETC.—Section 604(b) of title 5, United States Code, 

14 is amended to read as follows: 

15 ‘‘(b) The agency shall— 

16 ‘‘(1) make copies of the final regulatory flexi17 bility analysis available to the public, including by 

18 publishing the entire final regulatory flexibility anal19 ysis on the Web site of the agency; and 

20 ‘‘(2) publish in the Federal Register the final 

21 regulatory flexibility analysis, or a summary of the 

22 analysis that includes the telephone number, mailing 

23 address, and address of the Web site where the com24 plete final regulatory flexibility analysis may be ob25 tained.’’. 


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

2 Section 605(a) of title 5, United States Code, is amended 

3 to read as follows: 

4 ‘‘(a) A Federal agency shall be deemed to have satis5 fied a requirement regarding the content of a regulatory 

6 flexibility agenda or regulatory flexibility analysis under 

7 section 602, 603, or 604, if the Federal agency provides 

8 in the agenda or regulatory flexibility analysis a cross-ref9 erence to the specific portion of an agenda or analysis that 

10 is required by another law and that satisfies the require11 ment under section 602, 603, or 604.’’. 

12 (d) CERTIFICATIONS.—Section 605(b) of title 5, 

13 United States Code, is amended, in the second sentence, 

14 by striking ‘‘statement providing the factual’’ and insert15 ing ‘‘detailed statement providing the factual and legal’’. 

16 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

17 of title 5, United States Code, is amended to read as fol18 lows: 

19 ‘‘§ 607. Quantification requirements 

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

21 shall provide— 

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

23 the effects of the proposed or final rule, including an 

24 estimate of the potential for job loss, and alter25 natives to the proposed or final rule; or 


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1 ‘‘(2) a more general descriptive statement re2 garding the potential for job loss and a detailed 

3 statement explaining why quantification under para4 graph (1) is not practicable or reliable.’’. 

5 SEC. 3611. ENSURING THAT AGENCIES CONSIDER SMALL 

6 ENTITY IMPACT DURING THE RULEMAKING 

7 PROCESS. 

8 Section 605(b) of title 5, United States Code, is 

9 amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) If, after publication of the certification required 

13 under paragraph (1), the head of the agency determines 

14 that there will be a significant economic impact on a sub15 stantial number of small entities, the agency shall comply 

16 with the requirements of section 603 before the publica17 tion of the final rule, by— 

18 ‘‘(A) publishing an initial regulatory flexibility 

19 analysis for public comment; or 

20 ‘‘(B) re-proposing the rule with an initial regu21 latory flexibility analysis. 

22 ‘‘(3) The head of an agency may not make a certifi23 cation relating to a rule under this subsection, unless the 

24 head of the agency has determined— 


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1 ‘‘(A) the average cost of the rule for small enti2 ties affected or reasonably presumed to be affected 

3 by the rule; 

4 ‘‘(B) the number of small entities affected or 

5 reasonably presumed to be affected by the rule; and 

6 ‘‘(C) the number of affected small entities for 

7 which that cost will be significant. 

8 ‘‘(4) Before publishing a certification and a state9 ment providing the factual basis for the certification under 

10 paragraph (1), the head of an agency shall— 

11 ‘‘(A) transmit a copy of the certification and 

12 statement to the Chief Counsel for Advocacy of the 

13 Small Business Administration; and 

14 ‘‘(B) consult with the Chief Counsel for Advo15 cacy of the Small Business Administration on the 

16 accuracy of the certification and statement.’’. 

17 SEC. 3612. ADDITIONAL POWERS OF THE OFFICE OF ADVO18 CACY. 

19 Section 203 of Public Law 94–305 (15 U.S.C. 634c) 

20 is amended— 

21 (1) in paragraph (5), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (6), by striking the period at 

24 the end and inserting ‘‘; and’’; and 


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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) at the discretion of the Chief Counsel for 

4 Advocacy, comment on regulatory action by an agen5 cy that affects small businesses, without regard to 

6 whether the agency is required to file a notice of 

7 proposed rulemaking under section 553 of title 5, 

8 United States Code, with respect to the action.’’. 

9 SEC. 3613. FUNDING AND OFFSETS. 

10 (a) AUTHORIZATION.—There are authorized to be ap11 propriated to the Small Business Administration, for any 

12 costs of carrying out this Act and the amendments made 

13 by this Act (including the costs of hiring additional em14 ployees)— 

15 (1) $1,000,000 for fiscal year 2012; 

16 (2) $2,000,000 for fiscal year 2013; and 

17 (3) $3,000,000 for fiscal year 2014. 

18 (b) REPEALS.—In order to offset the costs of car19 rying out this Act and the amendments made by this Act 

20 and to reduce the Federal deficit, the following provisions 

21 of law are repealed, effective on the date of enactment of 

22 this Act: 

23 (1) Section 21(n) of the Small Business Act (15 

24 U.S.C. 648). 


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1 (2) Section 27 of the Small Business Act (15 

2 U.S.C. 654). 

3 (3) Section 1203(c) of the Energy Security and 

4 Efficiency Act of 2007 (15 U.S.C. 657h(c)). 

5 SEC. 3614. TECHNICAL AND CONFORMING AMENDMENTS. 

6 (a) HEADING.—Section 605 of title 5, United States 

7 Code, is amended in the section heading by striking 

8 ‘‘Avoidance’’ and all that follows and inserting the fol9 lowing: ‘‘Incorporations by reference and cer10 tification.’’. 

11 (b) TABLE OF SECTIONS.—The table of sections for 

12 chapter 6 of title 5, United States Code, is amended— 

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

14 and inserting the following: 

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

15 and 

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

17 inserting the following: 

‘‘607. Quantification requirements.’’. 

18 TITLE VII—UNFUNDED MAN19 DATES ACCOUNTABILITY ACT 

20 SEC. 3701. SHORT TITLE. 

21 This title may be cited as the ‘‘Unfunded Mandates 

22 Accountability Act’’. 

23 SEC. 3702. FINDINGS. 

24 Congress finds the following: 


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1 (1) The public has a right to know the benefits 

2 and costs of regulation. Effective regulatory pro3 grams provide important benefits to the public, in4 cluding protecting the environment, worker safety, 

5 and human health. Regulations also impose signifi6 cant costs on individuals, employers, State, local, 

7 and tribal governments, diverting resources from 

8 other important priorities. 

9 (2) Better regulatory analysis and review 

10 should improve the quality of agency decisions, in11 creasing the benefits and reducing unwarranted 

12 costs of regulation. 

13 (3) Disclosure and scrutiny of key information 

14 underlying agency decisions should make Govern15 ment more accountable to the public it serves. 

16 SEC. 3703. REGULATORY IMPACT ANALYSES FOR CERTAIN 

17 RULES. 

18 (a) REGULATORY IMPACT ANALYSES FOR CERTAIN

19 RULES.—Section 202 of the Unfunded Mandates Reform 

20 Act of 1995 (2 U.S.C. 1532) is amended— 

21 (1) by striking the section heading and insert22 ing the following: 


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1 ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN 

2 RULES.’’; 

3 (2) by redesignating subsections (b) and (c) as 

4 subsections (d) and (e), respectively; 

5 (3) by striking subsection (a) and inserting the 

6 following: 

7 ‘‘(a) DEFINITION.—In this section, the term ‘cost’ 

8 means the cost of compliance and any reasonably foresee9 able indirect costs, including revenues lost as a result of 

10 an agency rule subject to this section. 

11 ‘‘(b) IN GENERAL.—Before promulgating any pro12 posed or final rule that may have an annual effect on the 

13 economy of $100,000,000 or more (adjusted for inflation), 

14 or that may result in the expenditure by State, local, and 

15 tribal governments, in the aggregate, of $100,000,000 or 

16 more (adjusted for inflation) in any 1 year, each agency 

17 shall prepare and publish in the Federal Register an initial 

18 and final regulatory impact analysis. The initial regulatory 

19 impact analysis shall accompany the agency’s notice of 

20 proposed rulemaking and shall be open to public comment. 

21 The final regulatory impact analysis shall accompany the 

22 final rule. 

23 ‘‘(c) CONTENT.—The initial and final regulatory im24 pact analysis under subsection (b) shall include— 


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1 ‘‘(1)(A) an analysis of the anticipated benefits 

2 and costs of the rule, which shall be quantified to 

3 the extent feasible; 

4 ‘‘(B) an analysis of the benefits and costs of a 

5 reasonable number of regulatory alternatives within 

6 the range of the agency’s discretion under the stat7 ute authorizing the rule, including alternatives 

8 that— 

9 ‘‘(i) require no action by the Federal Gov10 ernment; and 

11 ‘‘(ii) use incentives and market-based 

12 means to encourage the desired behavior, pro13 vide information upon which choices can be 

14 made by the public, or employ other flexible 

15 regulatory options that permit the greatest 

16 flexibility in achieving the objectives of the stat17 utory provision authorizing the rule; and 

18 ‘‘(C) an explanation that the rule meets the re19 quirements of section 205; 

20 ‘‘(2) an assessment of the extent to which— 

21 ‘‘(A) the costs to State, local and tribal 

22 governments may be paid with Federal financial 

23 assistance (or otherwise paid for by the Federal 

24 Government); and 


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1 ‘‘(B) there are available Federal resources 

2 to carry out the rule; 

3 ‘‘(3) estimates of— 

4 ‘‘(A) any disproportionate budgetary ef5 fects of the rule upon any particular regions of 

6 the Nation or particular State, local, or tribal 

7 governments, urban or rural or other types of 

8 communities, or particular segments of the pri9 vate sector; and 

10 ‘‘(B) the effect of the rule on job creation 

11 or job loss, which shall be quantified to the ex12 tent feasible; and 

13 ‘‘(4)(A) a description of the extent of the agen14 cy’s prior consultation with elected representatives 

15 (under section 204) of the affected State, local, and 

16 tribal governments; 

17 ‘‘(B) a summary of the comments and concerns 

18 that were presented by State, local, or tribal govern19 ments either orally or in writing to the agency; and 

20 ‘‘(C) a summary of the agency’s evaluation of 

21 those comments and concerns.’’; 

22 (4) in subsection (d) (as redesignated by para23 graph (2) of this subsection), by striking ‘‘subsection 

24 (a)’’ and inserting ‘‘subsection (b)’’; and 


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1 (5) in subsection (e) (as redesignated by para2 graph (2) of this subsection), by striking ‘‘subsection 

3 (a)’’ each place that term appears and inserting 

4 ‘‘subsection (b)’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of sections for the Unfunded Mandates Reform 

7 Act of 1995 is amended by striking the item relating to 

8 section 202 and inserting the following: 

‘‘Sec. 202. Regulatory impact analyses for certain rules.’’. 

9 SEC. 3704. LEAST BURDENSOME OPTION OR EXPLANATION 

10 REQUIRED. 

11 Section 205 of the Unfunded Mandates Reform Act 

12 of 1995 (2 U.S.C. 1535) is amended by striking section 

13 205 and inserting the following: 

14 ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION 

15 REQUIRED. 

16 ‘‘Before promulgating any proposed or final rule for 

17 which a regulatory impact analysis is required under sec18 tion 202, the agency shall— 

19 ‘‘(1) identify and consider a reasonable number 

20 of regulatory alternatives within the range of the 

21 agency’s discretion under the statute authorizing the 

22 rule, including alternatives required under section 

23 202(b)(1)(B); and 

24 ‘‘(2) from the alternatives described under 

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1 fective, or least burdensome alternative that achieves 

2 the objectives of the statute.’’. 

3 SEC. 3705. INCLUSION OF APPLICATION TO INDEPENDENT 

4 REGULATORY AGENCIES. 

5 (a) IN GENERAL.—Section 421(1) of the Congres6 sional Budget and Impoundment Control Act of 1974 (2 

7 U.S.C. 658(1)) is amended by striking ‘‘, but does not in8 clude independent regulatory agencies’’. 

9 (b) EXEMPTION FOR MONETARY POLICY.—The Un10 funded Mandates Reform Act of 1995 (2 U.S.C. 1501 et 

11 seq.) is amended by inserting after section 5 the following: 

12 ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. 

13 ‘‘Nothing in title II, III, or IV shall apply to rules 

14 that concern monetary policy proposed or implemented by 

15 the Board of Governors of the Federal Reserve System 

16 or the Federal Open Market Committee.’’. 

17 SEC. 3706. JUDICIAL REVIEW. 

18 The Unfunded Mandates Reform Act of 1995 is 

19 amended by striking section 401 (2 U.S.C. 1571) and in20 serting the following: 

21 ‘‘SEC. 401. JUDICIAL REVIEW. 

22 ‘‘(a) IN GENERAL.—For any rule subject to section 

23 202, a party aggrieved by final agency action is entitled 

24 to judicial review of an agency’s analysis under and com25 pliance with sections 202 (b) and (c)(1) and 205. The 


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1 scope of review shall be governed by chapter 7 of title 5, 

2 United States Code. 

3 ‘‘(b) JURISDICTION.—Each court having jurisdiction 

4 to review a rule subject to section 202 for compliance with 

5 section 553 of title 5, United States Code, or under any 

6 other provision of law, shall have jurisdiction to review any 

7 claims brought under subsection (a) of this section. 

8 ‘‘(c) RELIEF AVAILABLE.—In granting relief in an 

9 action under this section, the court shall order the agency 

10 to take remedial action consistent with chapter 7 of title 

11 5, United States Code, including remand and vacatur of 

12 the rule.’’. 

13 SEC. 3707. EFFECTIVE DATE. 

14 This title shall take effect 90 days after the date of 

15 enactment of this title. 

16 TITLE VIII—GOVERNMENT 

17 LITIGATION SAVINGS ACT 

18 SEC. 3801. SHORT TITLE. 

19 This title may be cited as the ‘‘Government Litigation 

20 Savings Act’’. 

21 SEC. 3802. MODIFICATION OF EQUAL ACCESS TO JUSTICE 

22 PROVISIONS. 

23 (a) AGENCY PROCEEDINGS.— 


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1 (1) ELIGIBILITY PARTIES; ATTORNEY FEES.— 

2 Section 504 of title 5, United States Code, is 

3 amended— 

4 (A) in subsection (a)(1), by inserting after 

5 ‘‘prevailing party’’ the following: ‘‘who has a di6 rect and personal monetary interest in the adju7 dication, including because of personal injury, 

8 property damage, or unpaid agency disburse9 ment,’’; and 

10 (B) in subsection (b)(1)— 

11 (i) in subparagraph (A)(ii), by strik12 ing ‘‘$125 per hour’’ and all that follows 

13 through ‘‘a higher fee’’ and inserting 

14 ‘‘$175 per hour’’; and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘; except that’’ and all that follows 

17 through ‘‘section 601’’. 

18 (2) REDUCTION OR DENIAL OF AWARDS.—Sec19 tion 504(a)(3) of title 5, United States Code, is 

20 amended in the first sentence— 

21 (A) by striking ‘‘may reduce the amount to 

22 be awarded, or deny an award,’’ and inserting 

23 ‘‘shall reduce the amount to be awarded, or 

24 deny an award, commensurate with pro bono 

25 hours and related fees and expenses, or’’; 


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1 (B) by striking ‘‘unduly and’’; and 

2 (C) by striking ‘‘controversy.’’ and insert3 ing ‘‘controversy or acted in an obdurate, dila4 tory, mendacious, or oppressive manner, or in 

5 bad faith.’’. 

6 (3) LIMITATION ON AWARDS.—Section 504(a) 

7 of title 5, United States Code, is amended by adding 

8 at the end the following: 

9 ‘‘(5) A party may not receive an award of fees and 

10 other expenses under this section— 

11 ‘‘(A) in excess of $200,000 in any single adver12 sary adjudication, or 

13 ‘‘(B) for more than 3 adversary adjudications 

14 initiated in the same calendar year, 

15 unless the adjudicative officer of the agency determines 

16 that an award exceeding such limits is required to avoid 

17 severe and unjust harm to the prevailing party.’’. 

18 (4) REPORTING IN AGENCY ADJUDICATIONS.— 

19 Section 504 of such title is amended— 

20 (A) in subsection (c)(1), by striking ‘‘, 

21 United States Code’’; and 

22 (B) by striking subsection (e) and insert23 ing the following: 

24 ‘‘(e)(1) The Chairman of the Administrative Con25 ference of the United States shall issue an annual, online 


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1 report to the Congress on the amount of fees and other 

2 expenses awarded during the preceding fiscal year pursu3 ant to this section. The report shall describe the number, 

4 nature, and amount of the awards, the nature of and 

5 claims involved in each controversy (including the law 

6 under which the controversy arose), and any other relevant 

7 information that may aid the Congress in evaluating the 

8 scope and impact of such awards. The report shall be 

9 made available to the public online, and contain a search10 able database of the total awards given, and the total num11 ber of applications for the award of fees and other ex12 penses that were filed, defended, and heard, and shall in13 clude, with respect to each such application, the following: 

14 ‘‘(A) The name of the party seeking the award 

15 of fees and other expenses. 

16 ‘‘(B) The agency to which the application for 

17 the award was made. 

18 ‘‘(C) The names of the administrative law 

19 judges in the adversary adjudication that is the sub20 ject of the application. 

21 ‘‘(D) The disposition of the application, includ22 ing any appeal of action taken on the application. 

23 ‘‘(E) The amount of each award. 

24 ‘‘(F) The hourly rates of expert witnesses stat25 ed in the application that was awarded. 


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1 ‘‘(G) With respect to each award of fees and 

2 other expenses, the basis for the finding that the po3 sition of the agency concerned was not substantially 

4 justified. 

5 ‘‘(2)(A) The report under paragraph (1) shall cover 

6 payments of fees and other expenses under this section 

7 that are made pursuant to a settlement agreement, re8 gardless of whether the settlement agreement is otherwise 

9 subject to nondisclosure provisions. 

10 ‘‘(B) The disclosure of fees and other expenses re11 quired under subparagraph (A) does not affect any other 

12 information that is subject to nondisclosure provisions in 

13 the settlement agreement.’’. 

14 (5) ADJUSTMENT OF ATTORNEY FEES.—Sec15 tion 504 of such title is amended by adding at the 

16 end the following: 

17 ‘‘(g) The Director of the Office of Management and 

18 Budget may adjust the maximum hourly fee set forth in 

19 subsection (b)(1)(A)(ii) for the fiscal year beginning Octo20 ber 1, 2012, and for each fiscal year thereafter, to reflect 

21 changes in the Consumer Price Index, as determined by 

22 the Secretary of Labor.’’. 

23 (b) COURT CASES.— 


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1 (1) ELIGIBILITY PARTIES; ATTORNEY FEES; 

2 LIMITATION ON AWARDS.—Section 2412(d) of title 

3 28, United States Code, is amended— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘in any civil ac7 tion’’ and all that follows through ‘‘ju8 risdiction of that action’’ and insert9 ing ‘‘in the civil action’’; and 

10 (II) by striking ‘‘shall award to a 

11 prevailing party other than the United 

12 States’’ and inserting the following: ‘‘, 

13 in any civil action (other than cases 

14 sounding in tort), including pro15 ceedings for judicial review of agency 

16 action, brought by or against the 

17 United States in any court having ju18 risdiction of that action, shall award 

19 to a prevailing party who has a direct 

20 and personal monetary interest in the 

21 civil action, including because of per22 sonal injury, property damage, or un23 paid agency disbursement, other than 

24 the United States,’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(E) An individual or entity may not receive an 

4 award of fees and other expenses under this subsection 

5 in excess of— 

6 ‘‘(i) $200,000 in any single civil action, or 

7 ‘‘(ii) for more than 3 civil actions initiated in 

8 the same calendar year, 

9 unless the presiding judge determines that an award ex10 ceeding such limits is required to avoid severe and unjust 

11 harm to the prevailing party.’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A)(ii), by strik14 ing ‘‘$125 per hour’’ and all that follows 

15 through ‘‘a higher fee’’ and inserting 

16 ‘‘$175 per hour’’; and 

17 (ii) in subparagraph (B), by striking 

18 ‘‘; except that’’ and all that follows 

19 through ‘‘section 601’’. 

20 (2) REDUCTION OR DENIAL OF AWARDS.—Sec21 tion 2412(d)(1)(C) of title 28, United States Code, 

22 is amended— 

23 (A) by striking ‘‘, in its discretion, may re24 duce the amount to be awarded pursuant to 

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1 ing ‘‘shall reduce the amount to be awarded 

2 under this subsection, or deny an award, com3 mensurate with pro bono hours and related fees 

4 and expenses, or’’; 

5 (B) by striking ‘‘unduly and’’; and 

6 (C) by striking ‘‘controversy.’’ and insert7 ing ‘‘controversy or acted in an obdurate, dila8 tory, mendacious, or oppressive manner, or in 

9 bad faith.’’. 

10 (3) ADJUSTMENT OF ATTORNEY FEES.—Sec11 tion 2412(d) of title 28, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(5) The Director of the Office of Management and 

14 Budget may adjust the maximum hourly fee set forth in 

15 paragraph (2)(A)(ii) for the fiscal year beginning October 

16 1, 2012, and for each fiscal year thereafter, to reflect 

17 changes in the Consumer Price Index, as determined by 

18 the Secretary of Labor.’’. 

19 (4) REPORTING.—Section 2412(d) of title 28, 

20 United States Code, is further amended by adding 

21 at the end the following: 

22 ‘‘(6)(A) The Chairman of the Administrative Con23 ference of the United States shall issue an annual, online 

24 report to the Congress on the amount of fees and other 

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1 ant to this subsection. The report shall describe the num2 ber, nature, and amount of the awards, the nature of and 

3 claims involved in each controversy (including the law 

4 under which the controversy arose), and any other relevant 

5 information that may aid the Congress in evaluating the 

6 scope and impact of such awards. The report shall be 

7 made available to the public online and shall contain a 

8 searchable database of total awards given and the total 

9 number of cases filed, defended, or heard, and shall in10 clude with respect to each such case the following: 

11 ‘‘(i) The name of the party seeking the award 

12 of fees and other expenses in the case. 

13 ‘‘(ii) The district court hearing the case. 

14 ‘‘(iii) The names of the presiding judges in the 

15 case. 

16 ‘‘(iv) The agency involved in the case. 

17 ‘‘(v) The disposition of the application for fees 

18 and other expenses, including any appeal of action 

19 taken on the application. 

20 ‘‘(vi) The amount of each award. 

21 ‘‘(vii) The hourly rates of expert witnesses stat22 ed in the application that was awarded. 

23 ‘‘(viii) With respect to each award of fees and 

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1 sition of the agency concerned was not substantially 

2 justified. 

3 ‘‘(B)(i) The report under subparagraph (A) shall 

4 cover payments of fees and other expenses under this sub5 section that are made pursuant to a settlement agreement, 

6 regardless of whether the settlement agreement is other7 wise subject to nondisclosure provisions. 

8 ‘‘(ii) The disclosure of fees and other expenses re9 quired under clause (i) does not affect any other informa10 tion that is subject to nondisclosure provisions in the set11 tlement agreement. 

12 ‘‘(C) The Chairman of the Administrative Conference 

13 shall include in the annual report under subparagraph (A), 

14 for each case in which an award of fees and other expenses 

15 is included in the report— 

16 ‘‘(i) any amounts paid from section 1304 of 

17 title 31 for a judgment in the case; 

18 ‘‘(ii) the amount of the award of fees and other 

19 expenses; and 

20 ‘‘(iii) the statute under which the plaintiff filed 

21 suit. 

22 ‘‘(D) The Attorney General of the United States shall 

23 provide to the Chairman of the Administrative Conference 

24 of the United States such information as the Chairman 

25 requests to carry out this paragraph.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) MODIFICATIONS TO PROCEDURES.—The 

3 amendments made by— 

4 (A) paragraphs (1), (2), and (3) of sub5 section (a) shall apply with respect to adversary 

6 adjudications commenced on or after the date 

7 of the enactment of this Act; and 

8 (B) paragraphs (1) and (2) of subsection 

9 (b) shall apply with respect to civil actions com10 menced on or after such date of enactment. 

11 (2) REPORTING.—The amendments made by 

12 paragraphs (4) and (5) of subsection (a) and by 

13 paragraphs (3) and (4) of subsection (b) shall take 

14 effect on the date of the enactment of this Act. 

15 SEC. 3803. GAO STUDY. 

16 Not later than 30 days after the date of the enact17 ment of this Act, the Comptroller General shall commence 

18 an audit of the implementation of the Equal Access to 

19 Justice Act for the years 1995 through the end of the cal20 endar year in which this Act is enacted. The Comptroller 

21 General shall, not later than 1 year after the end of the 

22 calendar year in which this Act is enacted, complete such 

23 audit and submit to the Congress a report on the results 

24 of the audit. 


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1 TITLE IX—EMPLOYMENT 

2 PROTECTION ACT OF 2011 

3 SEC. 3901. SHORT TITLE. 

4 This title may be cited as the ‘‘Employment Protec5 tion Act of 2011’’. 

6 SEC. 3902. IMPACTS OF EPA REGULATORY ACTIVITY ON EM7 PLOYMENT AND ECONOMIC ACTIVITY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) DE MINIMIS NEGATIVE IMPACT.—The term 

13 ‘‘de minimis negative impact’’ means— 

14 (A) with respect to employment levels, a 

15 loss of more than 100 jobs, subject to the con16 dition that any offsetting job gains that result 

17 from the hypothetical creation of new jobs 

18 through new technologies or government em19 ployment may not be used to offset the job loss 

20 calculation; and 

21 (B) with respect to economic activity, a de22 crease in economic activity of more than 

23 $1,000,000 during any calendar year, subject to 

24 the condition that any offsetting economic activ25 ity that results from the hypothetical creation 


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1 of new economic activity through new tech2 nologies or government employment may not be 

3 used in the economic activity calculation. 

4 (b) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY5 MENT AND ECONOMIC ACTIVITY.— 

6 (1) ANALYSIS.—Prior to promulgating any reg7 ulation or other requirement, issuing any policy 

8 statement, guidance document, or endangerment 

9 finding, implementing any new or substantially al10 tered program, or denying any permit, the Adminis11 trator shall analyze the impact on employment levels 

12 and economic activity, disaggregated by State, of the 

13 regulation, requirement, policy statement, guidance 

14 document, endangerment finding, program, or per15 mit denial. 

16 (2) ECONOMIC MODELS.— 

17 (A) IN GENERAL.—In carrying out para18 graph (1), the Administrator shall use the best 

19 available economic models. 

20 (B) ANNUAL GAO REPORT.—Not later 

21 than December 31, 2011, and annually there22 after, the Comptroller General of the United 

23 States shall submit to the Committee on Envi24 ronment and Public Works of the Senate and 

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1 structure of the House of Representatives a re2 port on the economic models used by the Ad3 ministrator to carry out this subsection. 

4 (3) AVAILABILITY OF INFORMATION.—With re5 spect to any regulation, requirement, policy state6 ment, guidance document, endangerment finding, 

7 program, or permit denial, the Administrator shall— 

8 (A) post the analysis under paragraph (1) 

9 as a link on the main page of the public Inter10 net website of the Environmental Protection 

11 Agency; and 

12 (B) request that the Governor of any State 

13 experiencing more than a de minimis negative 

14 impact post the analysis in the Capitol of the 

15 State. 

16 (4) CLEAN WATER ACT AND OTHER PERMITS.— 

17 Each analysis under paragraph (1) shall include a 

18 description of estimated job losses and decreased 

19 economic activity due to the denial of a permit, in20 cluding any permit denied under the Federal Water 

21 Pollution Control Act (33 U.S.C. 1251 et seq.). 

22 (c) PUBLIC HEARINGS.— 

23 (1) IN GENERAL.—If the Administrator con24 cludes under subsection (b)(1) that a regulation, re25 quirement, policy statement, guidance document, 


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1 endangerment finding, program, or permit denial 

2 will have more than a de minimis negative impact on 

3 employment levels or economic activity in a State, 

4 the Administrator shall hold a public hearing in each 

5 such State not less than— 

6 (A) 30 days before the effective date of the 

7 regulation, requirement, policy statement, guid8 ance document, endangerment finding, or pro9 gram; or 

10 (B) 48 hours before the denial of a permit. 

11 (2) TIME, LOCATION, AND SELECTION.— 

12 (A) IN GENERAL.—A public hearing re13 quired by paragraph (1) shall be held at a con14 venient time and location for impacted resi15 dents. 

16 (B) LOCATION.—In selecting a location for 

17 a public hearing under subparagraph (A), the 

18 Administrator shall give priority to locations in 

19 the State that will experience the greatest num20 ber of job losses. 

21 (3) CITIZEN SUITS.— 

22 (A) IN GENERAL.—If a public hearing is 

23 required by paragraph (1) with respect to any 

24 State, and the Administrator fails to hold such 

25 a public hearing in accordance with paragraphs 


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1 (1) and (2), any resident of the State may 

2 bring an action in any United States district 

3 court in the State to compel compliance by the 

4 Administrator. 

5 (B) RELIEF.—If a resident prevails in an 

6 action against the Administrator under sub7 paragraph (A), the United States district 

8 court— 

9 (i) shall enjoin the regulation, require10 ment, policy statement, guidance docu11 ment, endangerment finding, program, or 

12 permit denial that is the subject of the ac13 tion; and 

14 (ii) may award reasonable attorneys’ 

15 fees and costs. 

16 (C) APPEAL.—On appeal of an injunction 

17 issued under subparagraph (B)(i), a United 

18 States court of appeals— 

19 (i) shall require the submission of 

20 briefs not later than 30 days after the date 

21 of filing of the appeal; 

22 (ii) may not stay the injunction prior 

23 to hearing oral arguments; and 


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1 (iii) shall make a final decision not 

2 later than 90 days after the date of filing 

3 of the appeal. 

4 (d) NOTIFICATION.—If the Administrator concludes 

5 under subsection (b)(1) that a regulation, requirement, 

6 policy statement, guidance document, endangerment find7 ing, program, or permit denial will have more than a de 

8 minimis negative impact on employment levels or economic 

9 activity in any State, the Administrator shall provide a 

10 notice of the de minimis negative impact to the congres11 sional delegation, Governor, and legislature of the affected 

12 State not later than— 

13 (1) 45 days before the effective date of the reg14 ulation, requirement, policy statement, guidance doc15 ument, endangerment finding, requirement, or pro16 gram; or 

17 (2) 7 days before the denial of the permit. 

18 TITLE X—FARM DUST 

19 REGULATION PREVENTION ACT 

20 SEC. 3931. SHORT TITLE. 

21 This title may be cited as the ‘‘Farm Dust Regulation 

22 Prevention Act’’. 

23 SEC. 3932. NUISANCE DUST. 

24 Part A of title I of the Clean Air Act (42 U.S.C. 7401 

25 et seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY 

2 STATE, TRIBAL, AND LOCAL GOVERNMENTS. 

3 ‘‘(a) DEFINITION OF NUISANCE DUST.—In this sec4 tion, the term ‘nuisance dust’ means particulate matter— 

5 ‘‘(1) generated from natural sources, unpaved 

6 roads, agricultural activities, earth moving, or other 

7 activities typically conducted in rural areas; or 

8 ‘‘(2) consisting primarily of soil, windblown 

9 dust, or other natural or biological materials, or 

10 some combination of those materials. 

11 ‘‘(b) APPLICABILITY.—Except as provided in sub12 section (c), this Act does not apply to, and references in 

13 this Act to particulate matter are deemed to exclude, nui14 sance dust. 

15 ‘‘(c) EXCEPTION.—Subsection (b) does not apply 

16 with respect to any geographical area in which nuisance 

17 dust is not regulated under State, tribal, or local law to 

18 the extent that the Administrator finds that— 

19 ‘‘(1) nuisance dust (or any subcategory of nui20 sance dust) causes substantial adverse public health 

21 and welfare effects at ambient concentrations; and 

22 ‘‘(2) the benefits of applying standards and 

23 other requirements of this Act to nuisance dust (or 

24 such a subcategory of nuisance dust) outweigh the 

25 costs (including local and regional economic and em26 ployment impacts) of applying those standards and 


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1 other requirements to nuisance dust (or such a sub2 category).’’. 

3 SEC. 3933. TEMPORARY PROHIBITION AGAINST REVISING 

4 ANY NATIONAL AMBIENT AIR QUALITY 

5 STANDARD APPLICABLE TO COARSE PARTIC6 ULATE MATTER. 

7 Before the date that is 1 year after the date of the 

8 enactment of this Act, the Administrator of the Environ9 mental Protection Agency may not propose, finalize, im10 plement, or enforce any regulation revising the national 

11 primary ambient air quality standard or the national sec12 ondary ambient air quality standard applicable to particu13 late matter with an aerodynamic diameter greater than 

14 2.5 micrometers under section 109 of the Clean Air Act 

15 (42 U.S.C. 7409). 

16 TITLE XI—NATIONAL LABOR 

17 RELATIONS BOARD REFORM 

18 SEC. 3951. SHORT TITLE. 

19 This title may be cited as the ‘‘National Labor Rela20 tions Board Reform Act’’. 

21 SEC. 3952. AUTHORITY OF THE NLRB. 

22 Section 10(c) of the National Labor Relations Act 

23 (29 U.S.C. 160) is amended by inserting before the period 

24 at the end the following: ‘‘: Provided further, That the 

25 Board shall have no power to order an employer (or seek 


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1 an order against an employer) to restore or reinstate any 

2 work, product, production line, or equipment, to rescind 

3 any relocation, transfer, subcontracting, outsourcing, or 

4 other change regarding the location, entity, or employer 

5 who shall be engaged in production or other business oper6 ations, or to require any employer to make an initial or 

7 additional investment at a particular plant, facility, or lo8 cation’’. 

9 SEC. 3953. RETROACTIVITY. 

10 The amendment made by section 3952 shall apply to 

11 any complaint for which a final adjudication by the Na12 tional Labor Relations Board has not been made by the 

13 date of enactment of this Act. 

14 TITLE XII—GOVERNMENT NEU15 TRALITY IN CONTRACTING 

16 ACT 

17 SEC. 3971. SHORT TITLE. 

18 This title may be cited as the ‘‘Government Neu19 trality in Contracting Act’’. 

20 SEC. 3972. PURPOSES. 

21 It is the purpose of this title to— 

22 (1) promote and ensure open competition on 

23 Federal and federally funded or assisted construc24 tion projects; 


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1 (2) maintain Federal Government neutrality to2 wards the labor relations of Federal Government 

3 contractors on Federal and federally funded or as4 sisted construction projects; 

5 (3) reduce construction costs to the Federal 

6 Government and to the taxpayers; 

7 (4) expand job opportunities, especially for 

8 small and disadvantaged businesses; and 

9 (5) prevent discrimination against Federal Gov10 ernment contractors or their employees based upon 

11 labor affiliation or the lack thereof, thereby pro12 moting the economical, nondiscriminatory, and effi13 cient administration and completion of Federal and 

14 federally funded or assisted construction projects. 

15 SEC. 3973. PRESERVATION OF OPEN COMPETITION AND 

16 FEDERAL GOVERNMENT NEUTRALITY. 

17 (a) PROHIBITION.— 

18 (1) GENERAL RULE.—The head of each execu19 tive agency that awards any construction contract 

20 after the date of enactment of this Act, or that obli21 gates funds pursuant to such a contract, shall en22 sure that the agency, and any construction manager 

23 acting on behalf of the Federal Government with re24 spect to such contract, in its bid specifications, 


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1 project agreements, or other controlling documents 

2 does not— 

3 (A) require or prohibit a bidder, offeror, 

4 contractor, or subcontractor from entering into, 

5 or adhering to, agreements with 1 or more 

6 labor organization, with respect to that con7 struction project or another related construction 

8 project; or 

9 (B) otherwise discriminate against a bid10 der, offeror, contractor, or subcontractor be11 cause such bidder, offeror, contractor, or sub12 contractor— 

13 (i) becomes a signatory, or otherwise 

14 adheres to, an agreement with 1 or more 

15 labor organization with respect to that con16 struction project or another related con17 struction project; or 

18 (ii) refuses to become a signatory, or 

19 otherwise adheres to, an agreement with 1 

20 or more labor organization with respect to 

21 that construction project or another related 

22 construction project. 

23 (2) APPLICATION OF PROHIBITION.—The provi24 sions of this section shall not apply to contracts 

25 awarded prior to the date of enactment of this Act, 


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1 and subcontracts awarded pursuant to such con2 tracts regardless of the date of such subcontracts. 

3 (3) RULE OF CONSTRUCTION.—Nothing in 

4 paragraph (1) shall be construed to prohibit a con5 tractor or subcontractor from voluntarily entering 

6 into an agreement described in such paragraph. 

7 (b) RECIPIENTS OF GRANTS AND OTHER ASSIST8 ANCE.—The head of each executive agency that awards 

9 grants, provides financial assistance, or enters into cooper10 ative agreements for construction projects after the date 

11 of enactment of this Act, shall ensure that— 

12 (1) the bid specifications, project agreements, 

13 or other controlling documents for such construction 

14 projects of a recipient of a grant or financial assist15 ance, or by the parties to a cooperative agreement, 

16 do not contain any of the requirements or prohibi17 tions described in subparagraph (A) or (B) of sub18 section (a)(1); or 

19 (2) the bid specifications, project agreements, 

20 or other controlling documents for such construction 

21 projects of a construction manager acting on behalf 

22 of a recipient or party described in paragraph (1) do 

23 not contain any of the requirements or prohibitions 

24 described in subparagraph (A) or (B) of subsection 

25 (a)(1). 


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1 (c) FAILURE TO COMPLY.—If an executive agency, 

2 a recipient of a grant or financial assistance from an exec3 utive agency, a party to a cooperative agreement with an 

4 executive agency, or a construction manager acting on be5 half of such an agency, recipient, or party, fails to comply 

6 with subsection (a) or (b), the head of the executive agency 

7 awarding the contract, grant, or assistance, or entering 

8 into the agreement, involved shall take such action, con9 sistent with law, as the head of the agency determines to 

10 be appropriate. 

11 (d) EXEMPTIONS.— 

12 (1) IN GENERAL.—The head of an executive 

13 agency may exempt a particular project, contract, 

14 subcontract, grant, or cooperative agreement from 

15 the requirements of 1 or more of the provisions of 

16 subsections (a) and (b) if the head of such agency 

17 determines that special circumstances exist that re18 quire an exemption in order to avert an imminent 

19 threat to public health or safety or to serve the na20 tional security. 

21 (2) SPECIAL CIRCUMSTANCES.—For purposes 

22 of paragraph (1), a finding of ‘‘special cir23 cumstances’’ may not be based on the possibility or 

24 existence of a labor dispute concerning contractors 

25 or subcontractors that are nonsignatories to, or that 


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1 otherwise do not adhere to, agreements with 1 or 

2 more labor organization, or labor disputes con3 cerning employees on the project who are not mem4 bers of, or affiliated with, a labor organization. 

5 (3) ADDITIONAL EXEMPTION FOR CERTAIN

6 PROJECTS.—The head of an executive agency, upon 

7 application of an awarding authority, a recipient of 

8 grants or financial assistance, a party to a coopera9 tive agreement, or a construction manager acting on 

10 behalf of any of such entities, may exempt a par11 ticular project from the requirements of any or all 

12 of the provisions of subsections (a) or (c) if the 

13 agency head finds— 

14 (A) that the awarding authority, recipient 

15 of grants or financial assistance, party to a co16 operative agreement, or construction manager 

17 acting on behalf of any of such entities had 

18 issued or was a party to, as of the date of the 

19 enactment of this Act, bid specifications, project 

20 agreements, agreements with one or more labor 

21 organizations, or other controlling documents 

22 with respect to that particular project, which 

23 contained any of the requirements or prohibi24 tions set forth in subsection (a)(1); and 


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1 (B) that one or more construction con2 tracts subject to such requirements or prohibi3 tions had been awarded as of the date of the 

4 enactment of this Act. 

5 (e) FEDERAL ACQUISITION REGULATORY COUN6 CIL.—With respect to Federal contracts to which this sec7 tion applies, not later than 60 days after the date of enact8 ment of this Act, the Federal Acquisition Regulatory 

9 Council shall take appropriate action to amend the Fed10 eral Acquisition Regulation to implement the provisions of 

11 this section. 

12 (f) DEFINITIONS.—In this section: 

13 (1) CONSTRUCTION CONTRACT.—The term 

14 ‘‘construction contract’’ means any contract for the 

15 construction, rehabilitation, alteration, conversion, 

16 extension, or repair of buildings, highways, or other 

17 improvements to real property. 

18 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

19 agency’’ has the meaning given such term in section 

20 133 of title 41, United States Code, except that such 

21 term shall not include the Government Account22 ability Office. 

23 (3) LABOR ORGANIZATION.—The term ‘‘labor 

24 organization’’ has the meaning given such term in 


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1 section 701(d) of the Civil Rights Act of 1964 (42 

2 U.S.C. 2000e(d)). 

3 TITLE XIII—FINANCIAL REGU4 LATORY RESPONSIBILITY ACT 

5 SEC. 3981. SHORT TITLE. 

6 This title may be cited as the ‘‘Financial Regulatory 

7 Responsibility Act’’. 

8 SEC. 3982. DEFINITIONS. 

9 As used in this title— 

10 (1) the term ‘‘agency’’ means the Board of Gov11 ernors of the Federal Reserve System, the Bureau of 

12 Consumer Financial Protection, the Commodity Fu13 tures Trading Commission, the Federal Deposit In14 surance Corporation, the Federal Housing Finance 

15 Agency, the Financial Stability Oversight Council, 

16 the Office of the Comptroller of the Currency, the 

17 Office of Financial Research, the National Credit 

18 Union Administration, and the Securities and Ex19 change Commission; 

20 (2) the term ‘‘chief economist’’ means— 

21 (A) with respect to the Board of Governors 

22 of the Federal Reserve System, the Director of 

23 the Division of Research and Statistics, or an 

24 employee of the agency with comparable author25 ity; 


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1 (B) with respect to the Bureau of Con2 sumer Financial Protection, the Assistant Di3 rector for Research, or an employee of the 

4 agency with comparable authority; 

5 (C) with respect to the Commodity Fu6 tures Trading Commission, the Chief Econo7 mist, or an employee of the agency with com8 parable authority; 

9 (D) with respect to the Federal Deposit 

10 Insurance Corporation, the Director of the Divi11 sion of Insurance and Research, or an employee 

12 of the agency with comparable authority; 

13 (E) with respect to the Federal Housing 

14 Finance Agency, the Chief Economist, or an 

15 employee of the agency with comparable author16 ity; 

17 (F) with respect to the Financial Stability 

18 Oversight Council, the Chief Economist, or an 

19 employee of the agency with comparable author20 ity; 

21 (G) with respect to the Office of the Comp22 troller of the Currency, the Director for Policy 

23 Analysis, or an employee of the agency with 

24 comparable authority; 


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1 (H) with respect to the Office of Financial 

2 Research, the Director, or an employee of the 

3 agency with comparable authority; 

4 (I) with respect to the National Credit 

5 Union Administration, the Chief Economist, or 

6 an employee of the agency with comparable au7 thority; and 

8 (J) with respect to the Securities and Ex9 change Commission, the Director of the Divi10 sion of Risk, Strategy, and Financial Innova11 tion, or an employee of the agency with com12 parable authority; 

13 (3) the term ‘‘Council’’ means the Chief Econo14 mists Council established under section 9; and 

15 (4) the term ‘‘regulation’’— 

16 (A) means an agency statement of general 

17 applicability and future effect that is designed 

18 to implement, interpret, or prescribe law or pol19 icy or to describe the procedure or practice re20 quirements of an agency, including rules, orders 

21 of general applicability, interpretive releases, 

22 and other statements of general applicability 

23 that the agency intends to have the force and 

24 effect of law; 

25 (B) does not include— 


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1 (i) a regulation issued in accordance 

2 with the formal rulemaking provisions of 

3 section 556 or 557 of title 5, United States 

4 Code; 

5 (ii) a regulation that is limited to 

6 agency organization, management, or per7 sonnel matters; 

8 (iii) a regulation promulgated pursu9 ant to statutory authority that expressly 

10 prohibits compliance with this provision; 

11 (iv) a regulation that is certified by 

12 the agency to be an emergency action, if 

13 such certification is published in the Fed14 eral Register; or 

15 (v) a regulation that is promulgated 

16 by the Board of Governors of the Federal 

17 Reserve System or the Federal Open Mar18 ket Committee under section 10A, 10B, 

19 13, 13A, or 19 of the Federal Reserve Act, 

20 or any of subsections (a) through (f) of 

21 section 14 of that Act. 

22 SEC. 3983. REQUIRED REGULATORY ANALYSIS. 

23 (a) REQUIREMENTS FOR NOTICES OF PROPOSED

24 RULEMAKING.—An agency may not issue a notice of pro25 posed rulemaking unless the agency includes in the notice 


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1 of proposed rulemaking an analysis that contains, at a 

2 minimum, with respect to each regulation that is being 

3 proposed— 

4 (1) an identification of the need for the regula5 tion and the regulatory objective, including identi6 fication of the nature and significance of the market 

7 failure, regulatory failure, or other problem that ne8 cessitates the regulation; 

9 (2) an explanation of why the private market or 

10 State, local, or tribal authorities cannot adequately 

11 address the identified market failure or other prob12 lem; 

13 (3) an analysis of the adverse impacts to regu14 lated entities, other market participants, economic 

15 activity, or agency effectiveness that are engendered 

16 by the regulation and the magnitude of such adverse 

17 impacts; 

18 (4) a quantitative and qualitative assessment of 

19 all anticipated direct and indirect costs and benefits 

20 of the regulation (as compared to a benchmark that 

21 assumes the absence of the regulation), including— 

22 (A) compliance costs; 

23 (B) effects on economic activity, net job 

24 creation (excluding jobs related to ensuring 


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1 compliance with the regulation), efficiency, com2 petition, and capital formation; 

3 (C) regulatory administrative costs; and 

4 (D) costs imposed by the regulation on 

5 State, local, or tribal governments or other reg6 ulatory authorities; 

7 (5) if quantified benefits do not outweigh quan8 titative costs, a justification for the regulation; 

9 (6) identification and assessment of all available 

10 alternatives to the regulation, including modification 

11 of an existing regulation or statute, together with— 

12 (A) an explanation of why the regulation 

13 meets the objectives of the regulation more ef14 fectively than the alternatives, and if the agency 

15 is proposing multiple alternatives, an expla16 nation of why a notice of proposed rulemaking, 

17 rather than an advanced notice of proposed 

18 rulemaking, is appropriate; and 

19 (B) if the regulation is not a pilot pro20 gram, an explanation of why a pilot program is 

21 not appropriate; 

22 (7) if the regulation specifies the behavior or 

23 manner of compliance, an explanation of why the 

24 agency did not instead specify performance objec25 tives; 


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1 (8) an assessment of how the burden imposed 

2 by the regulation will be distributed among market 

3 participants, including whether consumers, investors, 

4 or small businesses will be disproportionately bur5 dened; 

6 (9) an assessment of the extent to which the 

7 regulation is inconsistent, incompatible, or duplica8 tive with the existing regulations of the agency or 

9 those of other domestic and international regulatory 

10 authorities with overlapping jurisdiction; 

11 (10) a description of any studies, surveys, or 

12 other data relied upon in preparing the analysis; 

13 (11) an assessment of the degree to which the 

14 key assumptions underlying the analysis are subject 

15 to uncertainty; and 

16 (12) an explanation of predicted changes in 

17 market structure and infrastructure and in behavior 

18 by market participants, including consumers and in19 vestors, assuming that they will pursue their eco20 nomic interests. 

21 (b) REQUIREMENTS FOR NOTICES OF FINAL RULE22 MAKING.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, an agency may not issue a notice 


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1 of final rulemaking with respect to a regulation un2 less the agency— 

3 (A) has issued a notice of proposed rule4 making for the relevant regulation; 

5 (B) has conducted and includes in the no6 tice of final rulemaking an analysis that con7 tains, at a minimum, the elements required 

8 under subsection (a); and 

9 (C) includes in the notice of final rule10 making regulatory impact metrics selected by 

11 the chief economist to be used in preparing the 

12 report required pursuant to section 6. 

13 (2) CONSIDERATION OF COMMENTS.—The 

14 agency shall incorporate in the elements described in 

15 paragraph (1)(B) the data and analyses provided to 

16 the agency by commenters during the comment pe17 riod, or explain why the data or analyses are not 

18 being incorporated. 

19 (3) COMMENT PERIOD.—An agency shall not 

20 publish a notice of final rulemaking with respect to 

21 a regulation, unless the agency— 

22 (A) has allowed at least 90 days from the 

23 date of publication in the Federal Register of 

24 the notice of proposed rulemaking for the sub25 mission of public comments; or 


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1 (B) includes in the notice of final rule2 making an explanation of why the agency was 

3 not able to provide a 90-day comment period. 

4 (4) PROHIBITED RULES.— 

5 (A) IN GENERAL.—An agency may not 

6 publish a notice of final rulemaking if the agen7 cy, in its analysis under paragraph (1)(B), de8 termines that the quantified costs are greater 

9 than the quantified benefits under subsection 

10 (a)(5). 

11 (B) PUBLICATION OF ANALYSIS.—If the 

12 agency is precluded by subparagraph (A) from 

13 publishing a notice of final rulemaking, the 

14 agency shall publish in the Federal Register 

15 and on the public website of the agency its 

16 analysis under paragraph (1)(B), and provide 

17 the analysis to each House of Congress. 

18 (C) CONGRESSIONAL WAIVER.—If the 

19 agency is precluded by subparagraph (A) from 

20 publishing a notice of final rulemaking, Con21 gress, by joint resolution pursuant to the proce22 dures set forth for joint resolutions in section 

23 802 of title 5, United States Code, may direct 

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1 tained in subparagraph (A). In applying section 

2 802 of title 5, United States Code, for purposes 

3 of this paragraph, section 802(e)(2) shall not 

4 apply and the term— 

5 (i) ‘‘joint resolution’’ or ‘‘joint resolu6 tion described in subsection (a)’’ means 

7 only a joint resolution introduced during 

8 the period beginning on the submission or 

9 publication date and ending 60 days there10 after (excluding days either House of Con11 gress is adjourned for more than 3 days 

12 during a session of Congress), the matter 

13 after the resolving clause of which is as fol14 lows: ‘‘That Congress directs, notwith15 standing the prohibition contained in 

16 (3)(b)(4)(A) of the Financial Regulatory 

17 Responsibility Act of 2011, the ll to 

18 publish the notice of final rulemaking for 

19 the regulation or regulations that were the 

20 subject of the analysis submitted by the 

21 ll to Congress on ll.’’ (The blank 

22 spaces being appropriately filled in.); and 

23 (ii) ‘‘submission or publication date’’ 

24 means— 


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1 (I) the date on which the analysis 

2 under paragraph (1)(B) is submitted 

3 to Congress under paragraph (4)(B); 

4 or 

5 (II) if the analysis is submitted 

6 to Congress less than 60 session days 

7 or 60 legislative days before the date 

8 on which the Congress adjourns a ses9 sion of Congress, the date on which 

10 the same or succeeding Congress first 

11 convenes its next session. 

12 SEC. 3984. RULE OF CONSTRUCTION. 

13 For purposes of the Paperwork Reduction Act (44 

14 U.S.C. 3501 et seq.), obtaining, causing to be obtained, 

15 or soliciting information for purposes of complying with 

16 section 3 with respect to a proposed rulemaking shall not 

17 be construed to be a collection of information, provided 

18 that the agency has first issued an advanced notice of pro19 posed rulemaking in connection with the regulation, iden20 tifies that advanced notice of proposed rulemaking in its 

21 solicitation of information, and informs the person from 

22 whom the information is obtained or solicited that the pro23 vision of information is voluntary. 


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1 SEC. 3985. PUBLIC AVAILABILITY OF DATA AND REGU2 LATORY ANALYSIS. 

3 (a) IN GENERAL.—At or before the commencement 

4 of the public comment period with respect to a regulation, 

5 the agency shall make available on its public website suffi6 cient information about the data, methodologies, and as7 sumptions underlying the analyses performed pursuant to 

8 section 3 so that the analytical results of the agency are 

9 capable of being substantially reproduced, subject to an 

10 acceptable degree of imprecision or error. 

11 (b) CONFIDENTIALITY.—The agency shall comply 

12 with subsection (a) in a manner that preserves the con13 fidentiality of nonpublic information, including confiden14 tial trade secrets, confidential commercial or financial in15 formation, and confidential information about positions, 

16 transactions, or business practices. 

17 SEC. 3986. FIVE-YEAR REGULATORY IMPACT ANALYSIS. 

18 (a) IN GENERAL.—Not later than 5 years after the 

19 date of publication in the Federal Register of a notice of 

20 final rulemaking, the chief economist of the agency shall 

21 issue a report that examines the economic impact of the 

22 subject regulation, including the direct and indirect costs 

23 and benefits of the regulation. 

24 (b) REGULATORY IMPACT METRICS.—In preparing 

25 the report required by subsection (a), the chief economist 


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1 shall employ the regulatory impact metrics included in the 

2 notice of final rulemaking pursuant to section 3(b)(1)(C). 

3 (c) REPRODUCIBILITY.—The report shall include the 

4 data, methodologies, and assumptions underlying the eval5 uation so that the agency’s analytical results are capable 

6 of being substantially reproduced, subject to an acceptable 

7 degree of imprecision or error. 

8 (d) CONFIDENTIALITY.—The agency shall comply 

9 with subsection (c) in a manner that preserves the con10 fidentiality of nonpublic information, including confiden11 tial trade secrets, confidential commercial or financial in12 formation, and confidential information about positions, 

13 transactions, or business practices. 

14 (e) REPORT.—The agency shall submit the report re15 quired by subsection (a) to the Committee on Banking, 

16 Housing, and Urban Affairs of the Senate and the Com17 mittee on Financial Services of the House of Representa18 tives and post it on the public website of the agency. The 

19 Commodity Futures Trading Commission shall also sub20 mit its report to the Committee on Agriculture, Nutrition, 

21 and Forestry of the Senate and the Committee on Agri22 culture of the House of Representatives. 

23 SEC. 3987. RETROSPECTIVE REVIEW OF EXISTING RULES. 

24 (a) REGULATORY IMPROVEMENT PLAN.—Not later 

25 than 1 year after the date of enactment of this title and 


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1 every 5 years thereafter, each agency shall develop, submit 

2 to the Committee on Banking, Housing, and Urban Af3 fairs of the Senate and the Committee on Financial Serv4 ices of the House of Representatives, and post on the pub5 lic website of the agency a plan, consistent with law and 

6 its resources and regulatory priorities, under which the 

7 agency will modify, streamline, expand, or repeal existing 

8 regulations so as to make the regulatory program of the 

9 agency more effective or less burdensome in achieving the 

10 regulatory objectives. The Commodity Futures Trading 

11 Commission shall also submit its plan to the Committee 

12 on Agriculture, Nutrition, and Forestry of the Senate and 

13 the Committee on Agriculture of the House of Representa14 tives. 

15 (b) IMPLEMENTATION PROGRESS REPORT.—Two 

16 years after the date of submission of each plan required 

17 under subsection (a), each agency shall develop, submit 

18 to the Committee on Banking, Housing, and Urban Af19 fairs of the Senate and the Committee on Financial Serv20 ices of the House of Representatives, and post on the pub21 lic website of the agency a report of the steps that it has 

22 taken to implement the plan, steps that remain to be taken 

23 to implement the plan, and, if any parts of the plan will 

24 not be implemented, reasons for not implementing those 

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1 mission shall also submit its plan to the Committee on 

2 Agriculture, Nutrition, and Forestry of the Senate and the 

3 Committee on Agriculture of the House of Representa4 tives. 

5 SEC. 3988. JUDICIAL REVIEW. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, during the period beginning on the date on 

8 which a notice of final rulemaking for a regulation is pub9 lished in the Federal Register and ending 1 year later, 

10 a person that is adversely affected or aggrieved by the reg11 ulation is entitled to bring an action in the United States 

12 Court of Appeals for the District of Columbia Circuit for 

13 judicial review of agency compliance with the requirements 

14 of section 3. 

15 (b) STAY.—The court may stay the effective date of 

16 the regulation or any provision thereof. 

17 (c) RELIEF.—If the court finds that an agency has 

18 not complied with the requirements of section 3, the court 

19 shall vacate the subject regulation, unless the agency 

20 shows by clear and convincing evidence that vacating the 

21 regulation would result in irreparable harm. Nothing in 

22 this section affects other limitations on judicial review or 

23 the power or duty of the court to dismiss any action or 

24 deny relief on any other appropriate legal or equitable 

25 ground. 


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1 SEC. 3989. CHIEF ECONOMISTS COUNCIL. 

2 (a) ESTABLISHMENT.—There is established the Chief 

3 Economists Council. 

4 (b) MEMBERSHIP.—The Council shall consist of the 

5 chief economist of each agency. The members of the Coun6 cil shall select the first chairperson of the Council. There7 after the position of Chairperson shall rotate annually 

8 among the members of the Council. 

9 (c) MEETINGS.—The Council shall meet at the call 

10 of the Chairperson, but not less frequently than quarterly. 

11 (d) REPORT.—One year after the effective date of 

12 this title and annually thereafter, the Council shall pre13 pare and submit to the Committee on Banking, Housing, 

14 and Urban Affairs and the Committee on Agriculture, Nu15 trition, and Forestry of the Senate and the Committee on 

16 Financial Services and the Committee on Agriculture of 

17 the House of Representatives a report on— 

18 (1) the benefits and costs of regulations adopt19 ed by the agencies during the past 12 months; 

20 (2) the regulatory actions planned by the agen21 cies for the upcoming 12 months; 

22 (3) the cumulative effect of the existing regula23 tions of the agencies on economic activity, innova24 tion, international competitiveness of entities regu25 lated by the agencies, and net job creation (excludVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 ing jobs related to ensuring compliance with the reg2 ulation); 

3 (4) the training and qualifications of the per4 sons who prepared the cost-benefit analyses of each 

5 agency during the past 12 months; 

6 (5) the sufficiency of the resources available to 

7 the chief economists during the past 12 months for 

8 the conduct of the activities required by this title; 

9 and 

10 (6) recommendations for legislative or regu11 latory action to enhance the efficiency and effective12 ness of financial regulation in the United States. 

13 SEC. 3990. CONFORMING AMENDMENTS. 

14 Section 15(a) of the Commodity Exchange Act (7 

15 U.S.C. 19(a)) is amended— 

16 (1) by striking paragraph (1); 

17 (2) in paragraph (2), by striking (2) and all 

18 that follows through ‘‘light of—’’ and inserting the 

19 following: 

20 ‘‘(1) CONSIDERATIONS.—Before promulgating a 

21 regulation under this chapter or issuing an order 

22 (except as provided in paragraph (2)), the Commis23 sion shall take into consideration—’’; 

24 (3) in paragraph (1), as so redesignated— 


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1 (A) in subparagraph (B), by striking ‘‘fu2 tures’’ and inserting ‘‘the relevant’’; 

3 (B) in subparagraph (C), by adding ‘‘and’’ 

4 at the end; 

5 (C) in subparagraph (D), by striking 

6 ‘‘and’’ at the end; and 

7 (D) by striking subparagraph (E); and 

8 (4) by redesignating paragraph (3) as para9 graph (2). 

10 SEC. 3991. OTHER REGULATORY ENTITIES. 

11 (a) SECURITIES AND EXCHANGE COMMISSION.—Not 

12 later than 1 year after the date of enactment of this title, 

13 the Securities and Exchange Commission shall provide to 

14 the Committee on Banking, Housing, and Urban Affairs 

15 of the Senate and the Committee on Financial Services 

16 of the House of Representatives a report setting forth a 

17 plan for subjecting the Public Company Accounting Over18 sight Board, the Municipal Securities Rulemaking Board, 

19 and any national securities association registered under 

20 section 15A of the Securities Exchange Act of 1934 (15 

21 U.S.C. 78o–4(a)) to the requirements of this title, other 

22 than direct representation on the Council. 

23 (b) COMMODITY FUTURES TRADING COMMISSION.— 

24 Not later than 1 year after the date of enactment of this 

25 title, the Commodity Futures Trading Commission shall 


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1 provide to the Committee on Banking, Housing, and 

2 Urban Affairs of the Senate, the Committee on Financial 

3 Services of the House of Representatives, the Committee 

4 on Agriculture, Nutrition, and Forestry of the Senate, and 

5 the Committee on Agriculture of the House of Representa6 tives a report setting forth a plan for subjecting any fu7 tures association registered under section 17 of the Com8 modity Exchange Act (7 U.S.C. 21) to the requirements 

9 of this title, other than direct representation on the Coun10 cil. 

11 SEC. 3992. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY 

12 ANALYSES. 

13 An agency may perform the analyses required by this 

14 title in conjunction with, or as a part of, any other agenda 

15 or analysis required by any other provision of law, if such 

16 other analysis satisfies the provisions this Act. 

17 SEC. 3993. SEVERABILITY. 

18 If any provision of this title the application of any 

19 provision of this title to any person or circumstance, is 

20 held invalid, the application of such provision to other per21 sons or circumstances, and the remainder of this title, 

22 shall not be affected thereby. 


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1 TITLE XIV—REGULATORY RE2 SPONSIBILITY FOR OUR 

3 ECONOMY ACT 

4 SEC. 3994. SHORT TITLE. 

5 This title may be cited as the ‘‘Regulatory 

6 Responsbility for Our Economy Act’’. 

7 SEC. 3995. DEFINITIONS. 

8 In this title— 

9 (1) the term ‘‘agency’’ means any authority of 

10 the United States that is— 

11 (A) an agency as defined under section 

12 3502(1) of title 44, United States Code; and 

13 (B) shall include an independent regu14 latory agency as defined under section 3502(5) 

15 of title 44, United States Code; 

16 (2) the term ‘‘regulation’’— 

17 (A) means an agency statement of general 

18 applicability and future effect, which the agency 

19 intends to have the force and effect of law, that 

20 is designed to implement, interpret, or prescribe 

21 law or policy or to describe the procedure or 

22 practice requirements of an agency; and 

23 (B) shall not include— 

24 (i) regulations issued in accordance 

25 with the formal rulemaking provisions of 


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1 sections 556 and 557 of title 5, United 

2 States Code; 

3 (ii) regulations that pertain to a mili4 tary or foreign affairs function of the 

5 United States, other than procurement 

6 regulations and regulations involving the 

7 import or export of non-defense articles 

8 and services; or 

9 (iii) regulations that are limited to 

10 agency organization, management, or per11 sonnel matters; 

12 (3) the term ‘‘regulatory action’’ means any 

13 substantive action by an agency (normally published 

14 in the Federal Register) that promulgates or is ex15 pected to lead to the promulgation of a final regula16 tion, including notices of inquiry, advance notices of 

17 proposed rulemaking, and notices of proposed rule18 making; and 

19 (4) the term ‘‘significant regulatory action’’ 

20 means any regulatory action that is likely to result 

21 in a regulation that may— 

22 (A) have an annual effect on the economy 

23 of $100,000,000 or more or adversely affect in 

24 a material way the economy, a sector of the 

25 economy, productivity, competition, jobs, the 


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1 environment, public health or safety, or State, 

2 local, or tribal governments or communities; 

3 (B) create a serious inconsistency or other4 wise interfere with an action taken or planned 

5 by another agency; 

6 (C) materially alter the budgetary impact 

7 of entitlements, grants, user fees, or loan pro8 grams or the rights and obligation of recipients 

9 thereof; 

10 (D) add to the national debt; or 

11 (E) raise novel legal or policy issues aris12 ing out of legal mandates, the President’s prior13 ities, or the principles set forth in this Act. 

14 SEC. 3996. AGENCY REQUIREMENTS. 

15 (a) FEDERAL REGULATORY SYSTEM.—The Federal 

16 regulatory system shall— 

17 (1) protect the public health, welfare, safety, 

18 and the environment of the United States, especially 

19 those promoting economic growth, innovation, com20 petitiveness, and job creation; 

21 (2) be based on the best available science and 

22 information; 

23 (3) allow for public participation and an open 

24 exchange of ideas; 


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1 (4) promote predictability and reduce uncer2 tainty, including adherence to a clearly articulated 

3 timeline for the release of regulatory documents at 

4 all stages of the regulatory process; 

5 (5) identify and use the best, most innovative, 

6 and least burdensome tools for achieving regulatory 

7 ends; 

8 (6) take into account benefits and costs, both 

9 quantitative and qualitative; 

10 (7) ensure that regulations are accessible, con11 sistent, written in plain language, and easy to under12 stand; and 

13 (8) measure, and seek to improve, the actual re14 sults of regulatory requirements. 

15 (b) REQUIREMENTS.—Each agency shall— 

16 (1) propose or adopt a regulation only upon a 

17 reasoned determination that the benefits of the regu18 lation justify the costs of the regulation to the extent 

19 permitted by law; 

20 (2) tailor regulations of the agency to impose 

21 the least burden on society, consistent with obtain22 ing regulatory objectives, taking into account, among 

23 other things, the costs of cumulative regulations; 

24 (3) select, in choosing among alternative regu25 latory approaches, those approaches that maximize 


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1 net benefits, including potential economic, environ2 mental, public health and safety, and other advan3 tages, distributive impacts, and equity; 

4 (4) specify performance objectives, rather than 

5 specifying the behavior or manner of compliance 

6 that regulated entities are required to adopt; 

7 (5) identify and assess available alternatives to 

8 direct regulation, including providing economic in9 centives to encourage the desired behavior, such as 

10 user fees or marketable permits, or providing infor11 mation upon which choices can be made by the pub12 lic; and 

13 (6) use the best available techniques to quantify 

14 anticipated present and future benefits and costs. 

15 SEC. 3997. PUBLIC PARTICIPATION. 

16 (a) IN GENERAL.—Regulations shall be— 

17 (1) adopted through a process that involves 

18 public participation; and 

19 (2) based, to the extent consistent with law, on 

20 the open exchange of information and perspectives 

21 among State, local, and tribal officials, experts in 

22 relevant disciplines, affected stakeholders in the pri23 vate sector, and the public as a whole. 

24 (b) OPPORTUNITY TO PARTICIPATE.—Each agency 

25 shall— 


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1 (1) provide the public with an opportunity to 

2 participate in the regulatory process; 

3 (2) as authorized by law, afford the public a 

4 meaningful opportunity to comment through the 

5 Internet on any proposed regulation, with a com6 ment period that shall begin on the date on which 

7 the proposed regulation is published in the Federal 

8 Register and be not less than 60 days, unless the 

9 relevant regulation is designated by the Adminis10 trator of the Office of Information and Regulatory 

11 Affairs to be an emergency rule; 

12 (3) provide, for both proposed and final rules, 

13 timely online access to the rulemaking docket on 

14 regulations.gov, including relevant scientific and 

15 technical findings, in an open format that can be 

16 easily searched and downloaded; and 

17 (4) for proposed rules, provide access to in18 clude, to the extent permitted by law, an opportunity 

19 for public comment on all pertinent parts of the 

20 rulemaking docket, including relevant scientific and 

21 technical findings. 

22 (c) SEEKING AFFECTED PARTIES.—Before issuing a 

23 notice of proposed rulemaking, each agency shall, where 

24 appropriate, seek the views of those who are likely to be 


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1 affected, including those who are likely to benefit from and 

2 those who are potentially subject to such rulemaking. 

3 (d) DELAY OF IMPLEMENTATION.— 

4 (1) IN GENERAL.—An agency shall delay imple5 mentation of an interim final rule until final disposi6 tion of a challenge is entered by a court in the 

7 United States, if— 

8 (A) the agency excepted the rule from no9 tice and public procedure under section 

10 553(b)(B) of title 5, United States Code; and 

11 (B) the agency exception of the rule de12 scribed under paragraph (1) is challenged in a 

13 court in the United States. 

14 (2) LENGTH OF DELAY.—If implementation of 

15 an interim final rule is delayed under paragraph (1), 

16 the delay shall continue until a final disposition of 

17 the challenge is entered by the court. 

18 SEC. 3998. INTEGRATION AND INNOVATION. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) some sectors and industries face a signifi21 cant number of regulatory requirements, some of 

22 which may be redundant, inconsistent, or overlap23 ping; and 


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1 (2) greater coordination across agencies should 

2 reduce these requirements, thus reducing costs and 

3 simplifying and harmonizing rules. 

4 (b) PROMOTION OF INNOVATION.—In developing reg5 ulatory actions and identifying appropriate approaches, 

6 each agency shall— 

7 (1) promote coordination, simplification, and 

8 harmonization; and 

9 (2) identify means to achieve regulatory goals 

10 that are designed to promote innovation. 

11 SEC. 3999. FLEXIBLE APPROACHES. 

12 (a) IN GENERAL.—Each agency shall identify and 

13 consider regulatory approaches that reduce burdens, espe14 cially economic burdens, and maintain flexibility and free15 dom of choice for the public. 

16 (b) CONTENTS.—The approaches described under 

17 subsection (a) shall include warnings, appropriate default 

18 rules, disclosure requirements, and the provision of infor19 mation to the public in a form that is clear and intelligible. 

20 SEC. 3999A. SCIENCE. 

21 Each agency shall ensure the objectivity of any sci22 entific and technological information and processes used 

23 to support the regulatory actions of the agency. 


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1 SEC. 3999B. RETROSPECTIVE ANALYSES OF EXISTING 

2 RULES. 

3 (a) RETROSPECTIVE ANALYSES.— 

4 (1) IN GENERAL.—To facilitate the periodic re5 view of existing significant regulatory actions, agen6 cies shall consider how best to promote retrospective 

7 analysis of rules that may be outmoded, ineffective, 

8 insufficient, or excessively burdensome, and to mod9 ify, streamline, expand, or repeal such regulations in 

10 accordance with what has been learned. 

11 (2) AGREEMENT.—Once every 5 years, each 

12 agency may enter into an agreement with a qualified 

13 private organization to conduct the retrospective 

14 analysis described in paragraph (1) of the agency. 

15 (3) PUBLICATION ONLINE.—Any retrospective 

16 analyses conducted under this subsection, including 

17 supporting data, shall be published online. 

18 (b) AGENCY PLANS.— 

19 (1) PLAN.— 

20 (A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of this title, 

22 each agency shall develop and submit to the ap23 propriate congressional committees a prelimi24 nary plan for reviewing significant regulatory 

25 actions issued by the agency, consistent with 

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1 isting significant regulatory actions once every 

2 5 years to determine whether such regulations 

3 should be modified, streamlined, expanded, or 

4 repealed so as to make the regulatory program 

5 of the agency more effective or less burdensome 

6 in achieving the regulatory objectives. 

7 (B) REPEAL.—If the plan described in 

8 subparagraph (A) includes suggestions for 

9 needed repeals a timeline for such repeals shall 

10 also be included in the plan. 

11 (2) REPORT.—Upon completion of a review 

12 under a plan submitted under paragraph (1), each 

13 agency shall submit to the appropriate congressional 

14 committees a report that— 

15 (A) describes the outcome of the review, 

16 including which regulations were modified, 

17 streamlined, expanded, or repealed; 

18 (B) describes the reasons for the modifica19 tions, streamlining, expansions, or repeals de20 scribed in subparagraph (A); and 

21 (C) in any case where an agency did not 

22 take action, describes the reasons why the agen23 cy did not take action to modify, streamline, ex24 pand, or repeal any significant regulatory ac25 tions. 


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1 TITLE XV—REDUCING 

2 REGULATORY BURDENS ACT 

3 SEC. 3999C. SHORT TITLE. 

4 This title may be cited as the ‘‘Reducing Regulatory 

5 Burdens Act’’. 

6 SEC. 3999D. USE OF AUTHORIZED PESTICIDES. 

7 Section 3(f) of the Federal Insecticide, Fungicide, 

8 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

9 adding at the end the following: 

10 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex11 cept as provided in section 402(s) of the Federal 

12 Water Pollution Control Act, the Administrator or a 

13 State may not require a permit under such Act for 

14 a discharge from a point source into navigable 

15 waters of a pesticide authorized for sale, distribu16 tion, or use under this Act, or the residue of such 

17 a pesticide, resulting from the application of such 

18 pesticide.’’. 

19 SEC. 3999E. DISCHARGES OF PESTICIDES. 

20 Section 402 of the Federal Water Pollution Control 

21 Act (33 U.S.C. 1342) is amended by adding at the end 

22 the following: 

23 ‘‘(s) DISCHARGES OF PESTICIDES.— 

24 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

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1 quired by the Administrator or a State under this 

2 Act for a discharge from a point source into navi3 gable waters of a pesticide authorized for sale, dis4 tribution, or use under the Federal Insecticide, Fun5 gicide, and Rodenticide Act, or the residue of such 

6 a pesticide, resulting from the application of such 

7 pesticide. 

8 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

9 apply to the following discharges of a pesticide or 

10 pesticide residue: 

11 ‘‘(A) A discharge resulting from the appli12 cation of a pesticide in violation of a provision 

13 of the Federal Insecticide, Fungicide, and 

14 Rodenticide Act that is relevant to protecting 

15 water quality, if— 

16 ‘‘(i) the discharge would not have oc17 curred but for the violation; or 

18 ‘‘(ii) the amount of pesticide or pes19 ticide residue in the discharge is greater 

20 than would have occurred without the vio21 lation. 

22 ‘‘(B) Stormwater discharges subject to reg23 ulation under subsection (p). 

24 ‘‘(C) The following discharges subject to 

25 regulation under this section: 


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1 ‘‘(i) Manufacturing or industrial efflu2 ent. 

3 ‘‘(ii) Treatment works effluent. 

4 ‘‘(iii) Discharges incidental to the nor5 mal operation of a vessel, including a dis6 charge resulting from ballasting operations 

7 or vessel biofouling prevention.’’. 

8 DIVISION D—DOMESTIC ENERGY 

9 JOB PROMOTION 

10 TITLE I—DOMESTIC JOBS, DO11 MESTIC ENERGY, AND DEF12 ICIT REDUCTION ACT 

13 SEC. 4101. SHORT TITLE. 

14 This title may be cited as the ‘‘Domestic Jobs, Do15 mestic Energy, and Deficit Reduction Act’’. 

16 Subtitle A—Outer Continental 

17 Shelf Leasing 

18 SEC. 4111. LEASING PROGRAM CONSIDERED APPROVED. 

19 (a) IN GENERAL.—The Draft Proposed Outer Conti20 nental Shelf Oil and Gas Leasing Program 2010–2015 

21 issued by the Secretary of the Interior (referred to in this 

22 section as the ‘‘Secretary’’) under section 18 of the Outer 

23 Continental Shelf Lands Act (43 U.S.C. 1344) is consid24 ered to have been approved by the Secretary as a final 

25 oil and gas leasing program under that section. 


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1 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

2 The Secretary is considered to have issued a final environ3 mental impact statement for the program described in 

4 subsection (a) in accordance with all requirements under 

5 section 102(2)(C) of the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4332(2)(C)). 

7 SEC. 4112. LEASE SALES. 

8 (a) IN GENERAL.—Except as otherwise provided in 

9 this section, not later than 180 days after the date of en10 actment of this Act and every 270 days thereafter, the 

11 Secretary of the Interior (referred to in this section as 

12 the ‘‘Secretary’’) shall conduct a lease sale in each outer 

13 Continental Shelf planning area for which the Secretary 

14 determines that there is a commercial interest in pur15 chasing Federal oil and gas leases for production on the 

16 outer Continental Shelf. 

17 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

18 the Secretary determines that there is not a commercial 

19 interest in purchasing Federal oil and gas leases for pro20 duction on the outer Continental Shelf in a planning area 

21 under this section, not later than 2 years after the date 

22 of enactment of the determination and every 2 years there23 after, the Secretary shall— 

24 (1) determine whether there is a commercial in25 terest in purchasing Federal oil and gas leases for 


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1 production on the outer Continental Shelf in the 

2 planning area; and 

3 (2) if the Secretary determines that there is a 

4 commercial interest described in subsection (a), con5 duct a lease sale in the planning area. 

6 (c) EXCLUSION FROM 5-YEAR LEASE PROGRAM.—If 

7 a planning area for which there is a commercial interest 

8 described in subsection (a) was not included in a 5-year 

9 lease program, the Secretary shall include leasing in the 

10 planning area in the subsequent 5-year lease program. 

11 (d) PETITIONS.—If a person petitions the Secretary 

12 to conduct a lease sale for an outer Continental Shelf plan13 ning area in which the person has a commercial interest, 

14 not later than 60 days after the date of receipt of the peti15 tion, the Secretary shall conduct a lease sale for the area. 

16 (e) EXCEPTION.—Subsection (a) shall not apply to 

17 the North Atlantic Planning Area. 

18 SEC. 4113. APPLICATIONS FOR PERMITS TO DRILL. 

19 Section 5 of the Outer Continental Shelf Lands Act 

20 (43 U.S.C. 1334) is amended by adding at the end the 

21 following: 

22 ‘‘(k) APPLICATIONS FOR PERMITS TO DRILL.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary shall approve or disapprove an applica25 tion for a permit to drill submitted under this Act 


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1 not later than 20 days after the date the application 

2 is submitted to the Secretary. 

3 ‘‘(2) DISAPPROVAL.—If the Secretary dis4 approves an application for a permit to drill sub5 mitted under paragraph (1), the Secretary shall— 

6 ‘‘(A) provide to the applicant a description 

7 of the reasons for the disapproval of the appli8 cation; 

9 ‘‘(B) allow the applicant to resubmit an 

10 application during the 10-day period beginning 

11 on the date of the receipt of the description by 

12 the applicant; and 

13 ‘‘(C) approve or disapprove any resub14 mitted application not later than 10 days after 

15 the date the application is submitted to the Sec16 retary.’’. 

17 SEC. 4114. LEASE SALES FOR CERTAIN AREAS. 

18 (a) IN GENERAL.—As soon as practicable but not 

19 later than 1 year after the date of enactment of this Act, 

20 the Secretary of the Interior shall hold— 

21 (1) Lease Sale 216 for areas in the Central 

22 Gulf of Mexico; 

23 (2) Lease Sale 218 for areas in the Western 

24 Gulf of Mexico; 


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1 (3) Lease Sale 220 for areas offshore the State 

2 of Virginia; and 

3 (4) Lease Sale 222 for areas in the Central 

4 Gulf of Mexico. 

5 (b) COMPLIANCE WITH OTHER LAWS.—For pur6 poses of the Lease Sales described in subsection (a), the 

7 Environmental Impact Statement for the 2007-2015-Year 

8 OCS Plan and the applicable Multi-Sale Environmental 

9 Impact Statement shall be considered to satisfy the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.). 

12 (c) ENERGY PROJECTS IN THE GULF OF MEXICO.— 

13 (1) JURISDICTION.—The United States Court 

14 of Appeals for the Fifth Circuit shall have exclusive 

15 jurisdiction over challenges to offshore energy 

16 projects and permits to drill carried out in the Gulf 

17 of Mexico. 

18 (2) FILING DEADLINE.—Any civil action to 

19 challenge a project or permit described in paragraph 

20 (1) shall be filed not later than 60 days after the 

21 date of approval of the project or the issuance of the 

22 permit. 


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1 Subtitle B—Regulatory 

2 Streamlining 

3 SEC. 4131. COMMERCIAL LEASING PROGRAM FOR OIL 

4 SHALE RESOURCES ON PUBLIC LAND. 

5 Subsection (e) of the Oil Shale, Tar Sands, and Other 

6 Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 

7 15927(e)) is amended— 

8 (1) in the first sentence, by striking ‘‘Not later’’ 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—Not later’’; 

11 (2) in the second sentence— 

12 (A) by striking ‘‘If the Secretary’’ and in13 serting the following: 

14 ‘‘(2) LEASE SALES.— 

15 ‘‘(A) IN GENERAL.—If the Secretary’’; and 

16 (B) by striking ‘‘may’’ and inserting 

17 ‘‘shall’’; 

18 (3) in the last sentence, by striking ‘‘Evidence 

19 of interest’’ and inserting the following: 

20 ‘‘(B) EVIDENCE OF INTEREST.—Evidence 

21 of interest’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(C) SUBSEQUENT LEASE SALES.—During 

24 any period for which the Secretary determines 

25 that there is sufficient support and interest in 


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1 a State in the development of tar sands and oil 

2 shale resources, the Secretary shall— 

3 ‘‘(i) at least annually, consult with the 

4 persons described in paragraph (1) to ex5 pedite the commercial leasing program for 

6 oil shale resources on public land in the 

7 State; and 

8 ‘‘(ii) at least once every 270 days, 

9 conduct a lease sale in the State under the 

10 commercial leasing program regulations.’’. 

11 SEC. 4132. JURISDICTION OVER COVERED ENERGY 

12 PROJECTS. 

13 (a) DEFINITION OF COVERED ENERGY PROJECT.— 

14 In this section, the term ‘‘covered energy project’’ means 

15 any action or decision by a Federal official regarding— 

16 (1) the leasing of Federal land (including sub17 merged land) for the exploration, development, pro18 duction, processing, or transmission of oil, natural 

19 gas, or any other source or form of energy, including 

20 actions and decisions regarding the selection or of21 fering of Federal land for such leasing; or 

22 (2) any action under such a lease, except that 

23 this section and Act shall not apply to a dispute be24 tween the parties to a lease entered into a provision 


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1 of law authorizing the lease regarding obligations 

2 under the lease or the alleged breach of the lease. 

3 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

4 CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 

5 Notwithstanding any other provision of law, the United 

6 States District Court for the District of Columbia shall 

7 have exclusive jurisdiction to hear all causes and claims 

8 under this section or any other Act that arise from any 

9 covered energy project. 

10 (c) TIME FOR FILING COMPLAINT.— 

11 (1) IN GENERAL.—Each case or claim described 

12 in subsection (b) shall be filed not later than the end 

13 of the 60-day period beginning on the date of the ac14 tion or decision by a Federal official that constitutes 

15 the covered energy project concerned. 

16 (2) PROHIBITION.—Any cause or claim de17 scribed in subsection (b) that is not filed within the 

18 time period described in paragraph (1) shall be 

19 barred. 

20 (d) DISTRICT COURT FOR THE DISTRICT OF COLUM21 BIA DEADLINE.— 

22 (1) IN GENERAL.—Each proceeding that is sub23 ject to subsection (b) shall— 


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1 (A) be resolved as expeditiously as prac2 ticable and in any event not more than 180 

3 days after the cause or claim is filed; and 

4 (B) take precedence over all other pending 

5 matters before the district court. 

6 (2) FAILURE TO COMPLY WITH DEADLINE.—If 

7 an interlocutory or final judgment, decree, or order 

8 has not been issued by the district court by the 

9 deadline required under this section, the cause or 

10 claim shall be dismissed with prejudice and all rights 

11 relating to the cause or claim shall be terminated. 

12 (e) ABILITY TO SEEK APPELLATE REVIEW.—An in13 terlocutory or final judgment, decree, or order of the dis14 trict court under this section may be reviewed by no other 

15 court except the Supreme Court. 

16 (f) DEADLINE FOR APPEAL TO THE SUPREME

17 COURT.—If a writ of certiorari has been granted by the 

18 Supreme Court pursuant to subsection (e), the interlocu19 tory or final judgment, decree, or order of the district 

20 court shall be resolved as expeditiously as practicable and 

21 in any event not more than 180 days after the interlocu22 tory or final judgment, decree, order of the district court 

23 is issued. 


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1 SEC. 4133. ENVIRONMENTAL IMPACT STATEMENTS. 

2 Title I of the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4331 et seq.) is amended by adding at 

4 the end the following: 

5 ‘‘SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL 

6 IMPACT STATEMENTS. 

7 ‘‘(a) COMPLETION.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, each review carried out under sec10 tion 102(2)(C) with respect to any action taken 

11 under any provision of law, or for which funds are 

12 made available under any provision of law, shall be 

13 completed not later than the date that is 270 days 

14 after the commencement of the review. 

15 ‘‘(2) FAILURE TO COMPLETE REVIEW.—If a re16 view described in paragraph (1) has not been com17 pleted for an action subject to section 102(2)(C) by 

18 the date specified in paragraph (1)— 

19 ‘‘(A) the action shall be considered to have 

20 no significant impact described in section 

21 102(2)(C); and 

22 ‘‘(B) that classification shall be considered 

23 to be a final agency action. 

24 ‘‘(3) UNEMPLOYMENT RATE.—If the national 

25 unemployment rate is 5 percent or more, the lead 

26 agency conducting a review of an action under this 


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1 section shall use the most expeditious means author2 ized under this title to conduct the review. 

3 ‘‘(b) LEAD AGENCY.—The lead agency for a review 

4 of an action under this section shall be the Federal agency 

5 to which funds are made available for the action. 

6 ‘‘(c) REVIEW.— 

7 ‘‘(1) ADMINISTRATIVE APPEALS.—There shall 

8 be a single administrative appeal for each review 

9 carried out pursuant to section 102(2)(C). 

10 ‘‘(2) JUDICIAL REVIEW.— 

11 ‘‘(A) IN GENERAL.—On resolution of the 

12 administrative appeal, judicial review of the 

13 final agency decision after exhaustion of admin14 istrative remedies shall lie with the United 

15 States Court of Appeals for the District of Co16 lumbia Circuit. 

17 ‘‘(B) ADMINISTRATIVE RECORD.—An ap18 peal to the court described in subparagraph (A) 

19 shall be based only on the administrative 

20 record. 

21 ‘‘(C) PENDENCY OF JUDICIAL REVIEW.— 

22 After an agency has made a final decision with 

23 respect to a review carried out under this sub24 section, the decision shall be effective during 


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1 the course of any subsequent appeal to a court 

2 described in subparagraph (A). 

3 ‘‘(3) CIVIL ACTION.—Each civil action covered 

4 by this section shall be considered to arise under the 

5 laws of the United States.’’. 

6 SEC. 4134. CLEAN AIR REGULATION. 

7 (a) REGULATION OF GREENHOUSE GASES.—Section 

8 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 

9 amended— 

10 (1) by striking ‘‘(g) The term’’ and inserting 

11 the following: 

12 ‘‘(g) AIR POLLUTANT.— 

13 ‘‘(1) IN GENERAL.—The term’’; 

14 (2) by striking ‘‘Such term’’ and inserting the 

15 following: 

16 ‘‘(2) INCLUSIONS.—The term ‘air pollutant’ ’’; 

17 and 

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

19 ‘‘(3) EXCLUSIONS.—The term ‘air pollutant’ 

20 does not include carbon dioxide, methane from agri21 culture or livestock, or water vapor.’’. 

22 (b) EMISSION WAIVERS.—The Administrator of the 

23 Environmental Protection Agency shall not grant to any 

24 State any waiver of Federal preemption of motor vehicle 

25 standards under section 209(b) of the Clean Air Act (42 


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1 U.S.C. 7543(b)) for preemption under that Act for any 

2 regulation of the State to control greenhouse gas emis3 sions from motor vehicles. 

4 SEC. 4135. EMPLOYMENT EFFECTS OF ACTIONS UNDER 

5 CLEAN AIR ACT. 

6 Section 321(b) of the Clean Air Act (42 U.S.C. 

7 7621(b)) is amended— 

8 (1) by designating the first through eighth sen9 tences as paragraphs (1) through (8), respectively; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘(9) ECONOMIC ANALYSIS.—Not later than 30 

13 days before conducting a public hearing or providing 

14 notice of a determination that a hearing is not nec15 essary with respect to a requirement described in 

16 paragraph (1), the Administrator shall— 

17 ‘‘(A) conduct a full economic analysis of 

18 the requirement; and 

19 ‘‘(B) make the results of the analysis avail20 able to the public. 

21 ‘‘(10) ECONOMIC REVIEW BOARD.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days after the date on which the Administrator 

24 makes the results of an economic analysis of a 

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1 graph (9)(B), the Secretary of Commerce shall 

2 establish an economic review board consisting of 

3 a representative from each Federal agency with 

4 jurisdiction over affected industries to assess— 

5 ‘‘(i) the cumulative economic impact 

6 of the requirement, including the direct, in7 direct, quantifiable, and qualitative effects; 

8 ‘‘(ii) the cost of compliance with the 

9 requirement; 

10 ‘‘(iii) the effect of the requirement on 

11 the retirement or closure of domestic busi12 nesses; 

13 ‘‘(iv) the direct and indirect adverse 

14 impacts on the economies of local commu15 nities that are projected to result from the 

16 requirement; 

17 ‘‘(v) energy sectors that could be ex18 pected to retire units as a result of the re19 quirement; 

20 ‘‘(vi) the impact of the requirement on 

21 the price of electricity, oil, gas, coal, and 

22 renewable resources; 

23 ‘‘(vii) the economic harm to con24 sumers resulting from the requirement; 


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1 ‘‘(viii) the impact of the requirement 

2 on the ability of industries and businesses 

3 in the United States to compete with in4 dustries and businesses in other countries, 

5 with respect to competitiveness in both do6 mestic and foreign markets; 

7 ‘‘(ix) the regions of the United States 

8 that are forecasted to be— 

9 ‘‘(I) most affected from the di10 rect and indirect adverse impacts of 

11 the requirement from the retirement 

12 of impacted units and increased prices 

13 for retail electricity, transportation 

14 fuels, heating oil, and petrochemicals; 

15 and 

16 ‘‘(II) least affected from adverse 

17 impacts described in subclause (I) due 

18 to the creation of new jobs and eco19 nomic growth that are expected to re20 sult directly and indirectly from en21 ergy construction projects; 

22 ‘‘(x) the adverse impacts of the re23 quirement on electric reliability that are 

24 expected to result from the retirement of 

25 electric generation; 


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1 ‘‘(xi) the geographical distribution of 

2 the projected adverse electric reliability im3 pacts of the requirement; 

4 ‘‘(xii) Federal, State, and local poli5 cies that have been or will be implemented 

6 to support energy infrastructure in the 

7 United States, including policies that pro8 mote fuel diversity, affordable and reliable 

9 electricity, and energy security; and 

10 ‘‘(xiii) other direct and indirect im11 pacts that are expected to result from the 

12 cumulative obligation to comply with the 

13 requirement. 

14 ‘‘(B) REPORT.—Not later than 30 days 

15 after the date on which the economic review 

16 board completes the assessment of a require17 ment under subparagraph (A), the economic re18 view board shall submit to Congress, the Presi19 dent, and the Secretary a report that describes 

20 the results of the assessment. 

21 ‘‘(C) REGULATIONS.—The Administrator 

22 shall not promulgate regulations to implement a 

23 requirement described in paragraph (1) until at 

24 least 60 days after the date of submission of 


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1 the report on the requirement under subpara2 graph (B).’’. 

3 SEC. 4136. ENDANGERED SPECIES. 

4 (a) EMERGENCIES.—Section 10 of the Endangered 

5 Species Act of 1973 (16 U.S.C. 1539) is amended by add6 ing at the end the following: 

7 ‘‘(k) EMERGENCIES.—On the declaration of an emer8 gency by the Governor of a State, the Secretary shall, for 

9 the duration of the emergency, temporarily exempt from 

10 the prohibition against taking, and the prohibition against 

11 the adverse modification of critical habitat, under this Act 

12 any action that is reasonably necessary to avoid or amelio13 rate the impact of the emergency, including the operation 

14 of any water supply or flood control project by a Federal 

15 agency.’’. 

16 (b) PROHIBITION OF CONSIDERATION OF IMPACT OF

17 GREENHOUSE GAS.— 

18 (1) IN GENERAL.—The Endangered Species Act 

19 of 1973 (16 U.S.C. 1531 et seq.) is amended by 

20 adding at the end the following: 

21 ‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 

22 GREENHOUSE GAS. 

23 ‘‘(a) DEFINITION OF GREENHOUSE.—In this section, 

24 the term ‘greenhouse gas’ means any of— 

25 ‘‘(1) carbon dioxide; 


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1 ‘‘(2) methane; 

2 ‘‘(3) nitrous oxide; 

3 ‘‘(4) sulfur hexafluoride; 

4 ‘‘(5) a hydrofluorocarbon; 

5 ‘‘(6) a perfluorocarbon; or 

6 ‘‘(7) any other anthropogenic gas designated by 

7 the Secretary for purposes of this section. 

8 ‘‘(b) IMPACT OF GREENHOUSE GAS.—The impact of 

9 greenhouse gas on any species of fish or wildlife or plant 

10 shall not be considered for any purpose in the implementa11 tion of this Act.’’. 

12 (2) CONFORMING AMENDMENT.—The table of 

13 contents in the first section of the Endangered Spe14 cies Act of 1973 (16 U.S.C. prec. 1531) is amended 

15 by adding at the end the following: 

‘‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service. 

‘‘Sec. 19. Prohibition of consideration of impact of greenhouse gas.’’. 

16 SEC. 4137. REISSUANCE OF PERMITS AND LEASES. 

17 (a) ENVIRONMENTAL PROTECTION AGENCY.—Not 

18 later than 30 days after the date of enactment of this Act, 

19 the Administrator of the Environment Protection Agency 

20 shall approve the specification of the areas described in 

21 the notice entitled ‘‘Final Determination of the Assistant 

22 Administrator for Water Pursuant to Section 404(c) of 

23 the Clean Water Act Concerning the Spruce No. 1 Mine, 


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1 Logan County, WV’’ (76 Fed. Reg. 3126; January 19. 

2 2011), with no further review or analysis. 

3 (b) DEPARTMENT OF THE INTERIOR.—Not later 

4 than 30 days after the date of enactment of this Act, the 

5 Secretary of the Interior shall issue or reissue, with no 

6 further review or analysis, each lease for the production 

7 of oil or gas in the State of Utah was cancelled during 

8 any of calendar years 2009 through 2011. 

9 SEC. 4138. CENTRAL VALLEY PROJECT. 

10 The Act of August 27, 1954 (68 Stat. 879, chapter 

11 1012; 16 U.S.C. 695d et seq.) is amended by adding at 

12 the end the following: 

13 ‘‘SEC. 9. EFFECT OF BIOLOGICAL OPINIONS. 

14 ‘‘Notwithstanding any other provision of law, in con15 nection with the Central Valley Project, the Bureau of 

16 Reclamation and an agency of the State of California op17 erating a water project in connection with the Project shall 

18 not restrict operations of an applicable project pursuant 

19 to any biological opinion issued under the Endangered 

20 Species Act of 1973 (16 U.S.C. 1531 et seq.), if the re21 striction would result in a level of allocation of water that 

22 is less than the historical maximum level of allocation of 

23 water under the project.’’. 


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1 SEC. 4139. BEAUFORT SEA OIL DRILLING PROJECT. 

2 Not later than 30 days after the date of enactment 

3 of this Act, the Administrator of the Environmental Pro4 tection Agency shall issue a permit under the Clean Air 

5 Act (42 U.S.C. 7401 et seq.) to Shell Oil Company to per6 mit the Company to drill for oil in the Beaufort Sea, with 

7 no further review or analysis. 

8 SEC. 4140. ENVIRONMENTAL LEGAL FEES. 

9 Section 504 of title 5, United States Code, is amend10 ed by adding at the end the following: 

11 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith12 standing section 1304 of title 31, no award may be made 

13 under this section and no amounts may be obligated or 

14 expended from the Claims and Judgment Fund of the 

15 United States Treasury to pay any legal fees of an envi16 ronmental nongovernmental organization related to an ac17 tion that (with respect to the United States)— 

18 ‘‘(1) prevents, terminates, or reduces access to 

19 or the production of— 

20 ‘‘(A) energy; 

21 ‘‘(B) a mineral resource; 

22 ‘‘(C) water by agricultural producers; 

23 ‘‘(D) a resource by commercial or rec24 reational fishermen; or 

25 ‘‘(E) grazing or timber production on Fed26 eral land; 


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1 ‘‘(2) diminishes the private property value of a 

2 property owner; or 

3 ‘‘(3) eliminates or prevents 1 or more jobs.’’. 

4 TITLE II—JOBS AND ENERGY 

5 PERMITTING ACT 

6 SEC. 4201. SHORT TITLE. 

7 This title may be cited as the ‘‘Jobs and Energy Per8 mitting Act’’. 

9 SEC. 4202. AIR QUALITY MEASUREMENT. 

10 Section 328(a)(1) of the Clean Air Act (42 U.S.C. 

11 7627(a)(1)) is amended in the second sentence by insert12 ing before the period at the end the following: ‘‘, except 

13 that any air quality impact of any OCS source shall be 

14 measured or modeled, as appropriate, and determined 

15 solely with respect to the impacts in the corresponding on16 shore area’’. 

17 SEC. 4203. OUTER CONTINENTAL SHELF SOURCE. 

18 Section 328(a)(4) of the Clean Air Act (42 U.S.C. 

19 7627(a)(4)) is amended— 

20 (1) in the matter preceding subparagraph (A), 

21 by striking ‘‘subsections (a) and (b)’’ and inserting 

22 ‘‘this subsection and subsections (b) and (d)’’; and 

23 (2) in subparagraph (C)— 

24 (A) by redesignating clauses (i) through 

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1 tively, and by indenting the subclauses appro2 priately; 

3 (B) by striking ‘‘The terms’’ and inserting 

4 ‘‘(i) IN GENERAL.—The terms’’; and 

5 (C) by striking the undesignated matter 

6 following subclause (III) (as redesignated by 

7 subparagraph (A)) and inserting the following: 

8 ‘‘(ii) OCS SOURCE ACTIVITY.—An 

9 OCS source activity includes platform and 

10 drill ship exploration, construction, devel11 opment, production, processing, and trans12 portation. 

13 ‘‘(iii) EMISSIONS.—Emissions from 

14 any vessel servicing or associated with an 

15 OCS source, including emissions while at 

16 the OCS source or en route to or from the 

17 OCS source within 25 miles of the OCS 

18 source— 

19 ‘‘(I) shall be considered direct 

20 emissions from the OCS source; but 

21 ‘‘(II) shall not be subject to any 

22 emission control requirement applica23 ble to the source under subpart 1 of 

24 part C of title I. 


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1 ‘‘(iv) PLATFORM OR DRILL SHIP EX2 PLORATION.—For platform or drill ship 

3 exploration, an OCS source is established 

4 at the point in time when drilling com5 mences at a location and ceases to exist 

6 when drilling activity ends at that location 

7 or is temporarily interrupted because the 

8 platform or drill ship relocates for weather 

9 or other reasons.’’. 

10 SEC. 4204. PERMITS. 

11 Section 328 of the Clean Air Act (42 U.S.C. 7627) 

12 is amended by adding at the end the following: 

13 ‘‘(d) PERMIT APPLICATION.—In the case of a com14 pleted application for a permit under this Act for platform 

15 or drill ship exploration for an OCS source— 

16 ‘‘(1) final agency action (including any recon17 sideration of the issuance or denial of the permit) 

18 shall be taken not later than 180 days after the date 

19 of filing the completed application; 

20 ‘‘(2) the Environmental Appeals Board of the 

21 Environmental Protection Agency shall have no au22 thority to consider any matter relating to the consid23 eration, issuance, or denial of the permit; 

24 ‘‘(3) no administrative stay of the effectiveness 

25 of the permit may extend beyond the date that is 


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1 180 days after the date of filing the completed appli2 cation; 

3 ‘‘(4) the final agency action shall be considered 

4 to be nationally applicable under section 307(b); and 

5 ‘‘(5) judicial review of the final agency action 

6 shall be available only in accordance with section 

7 307(b) without additional administrative review or 

8 adjudication.’’. 

9 TITLE III—AMERICAN ENERGY 

10 AND WESTERN JOBS ACT 

11 SEC. 4301. SHORT TITLE. 

12 This title may be cited as the ‘‘American Energy and 

13 Western Jobs Act’’. 

14 SEC. 4302. RESCISSION OF CERTAIN INSTRUCTION MEMO15 RANDA. 

16 The following are rescinded and shall have no force 

17 or effect: 

18 (1) The Bureau of Land Management Instruc19 tion Memorandum entitled ‘‘Oil and Gas Leasing 

20 Reform—Land Use Planning and Lease Parcel Re21 views’’, numbered 2010–117, and dated May 17, 

22 2010. 

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1 tion 390 Categorical Exclusion Policy Revision’’, 

2 numbered 2010–118, and dated May 17, 2010. 

3 (3) Secretarial Order No. 3310 issued by the 

4 Secretary of the Interior on December 22, 2010. 

5 SEC. 4303. AMENDMENTS TO THE MINERAL LEASING ACT. 

6 (a) ONSHORE OIL AND GAS LEASE ISSUANCE IM7 PROVEMENT.—Section 17(b)(1)(A) of the Mineral Leasing 

8 Act (30 U.S.C. 226(b)(1)(A)) is amended in the seventh 

9 sentence, by striking ‘‘Leases shall be issued within 60 

10 days following payment by the successful bidder of the re11 mainder of the bonus bid, if any, and the annual rental 

12 for the first lease year’’ and inserting ‘‘The Secretary of 

13 the Interior shall automatically issue a lease 60 days after 

14 the date of the payment by the successful bidder of the 

15 remainder of the bonus bid, if any, and the annual rental 

16 for the first lease year, unless the Secretary of the Interior 

17 is able to issue the lease before that date. The filing of 

18 any protest to the sale or issuance of a lease shall not 

19 extend the date by which the lease is to be issued’’. 

20 (b) JUDICIAL REVIEW.—Section 17 of the Mineral 

21 Leasing Act (30 U.S.C. 226) is amended by adding at the 

22 end the following: 

23 ‘‘(q) JUDICIAL REVIEW.—Any action seeking judicial 

24 review of the adequacy of any program or site-specific en25 vironmental impact statement under section 102 of the 


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1 National Environmental Policy Act of 1969 (42 U.S.C. 

2 4332) concerning oil and gas leasing for onshore Federal 

3 land shall be barred unless the action is brought in the 

4 appropriate district court of the United States by the date 

5 that is 60 days after the date on which there is published 

6 in the Federal Register the notice of the availability of 

7 the environmental impact statement.’’. 

8 (c) DETERMINATION OF IMPACT OF PROPOSED POL9 ICY MODIFICATIONS.—The Mineral Leasing Act is amend10 ed by inserting after section 37 (30 U.S.C. 193) the fol11 lowing: 

12 ‘‘SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POL13 ICY MODIFICATIONS. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

16 means the Department of the Interior. 

17 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

18 the Secretary of the Interior. 

19 ‘‘(b) DUTY OF SECRETARY.— 

20 ‘‘(1) IN GENERAL.—Before the modification 

21 and implementation of any onshore oil or natural 

22 gas preleasing or leasing and development policy (as 

23 in effect as of January 1, 2010) or a policy relating 

24 to protecting the wilderness characteristics of public 

25 land, the Secretary shall— 


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1 ‘‘(A) complete an economic impact assess2 ment in accordance with paragraph (2); and 

3 ‘‘(B) issue a determination that the pro4 posed policy modification would have the effects 

5 described in paragraph (2)(A). 

6 ‘‘(2) REQUIREMENTS.—In carrying out an as7 sessment to determine the impact of a proposed pol8 icy modification described in paragraph (1), the Sec9 retary shall— 

10 ‘‘(A) in consultation with the appropriate 

11 officials of each State (including political sub12 divisions of the State) in which 1 or more par13 cels of land subject to oil and natural gas leas14 ing are located and any other appropriate indi15 viduals or entities, as determined by the Sec16 retary— 

17 ‘‘(i)(I) carry out an economic analysis 

18 of the impact of the policy modification on 

19 oil- and natural gas-related employment 

20 opportunities and domestic reliance on for21 eign imports of petroleum resources; and 

22 ‘‘(II) certify that the policy modifica23 tion would not result in a detrimental im24 pact on employment opportunities relating 

25 to oil- and natural gas-related development 


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1 or contribute to an increase in the domes2 tic use of imported petroleum resources; 

3 and 

4 ‘‘(ii) carry out a policy assessment to 

5 determine the manner by which the policy 

6 modification would impact— 

7 ‘‘(I) revenues from oil and nat8 ural gas receipts to the general fund 

9 of the Treasury, including a certifi10 cation that the modification would, for 

11 the 10-year period beginning on the 

12 date of implementation of the modi13 fication, not contribute to an aggre14 gate loss of oil and natural gas re15 ceipts; and 

16 ‘‘(II) revenues to the treasury of 

17 each affected State that shares oil and 

18 natural gas receipts with the Federal 

19 Government, including a certification 

20 that the modification would, for the 

21 10-year period beginning on the date 

22 of implementation of the modification, 

23 not contribute to an aggregate loss of 

24 oil and natural gas receipts; and 


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1 ‘‘(B) provide notice to the public of, and 

2 an opportunity to comment on, the policy modi3 fication in a manner consistent with subchapter 

4 II of chapter 5 and chapter 7 of title 5, United 

5 States Code (commonly known as the ‘Adminis6 trative Procedure Act’).’’. 

7 SEC. 4304. ANNUAL REPORT ON REVENUES GENERATED 

8 FROM MULTIPLE USE OF PUBLIC LAND. 

9 (a) ANNUAL REPORT.—As part of the annual agency 

10 budget, the Secretary of the Interior (acting through the 

11 Director of the Bureau of Land Management) and the 

12 Secretary of Agriculture (acting through the Chief of the 

13 Forest Service) shall submit an annual report detailing, 

14 for each field office, the revenues generated by each use 

15 of public land. 

16 (b) INCLUSIONS.—The report shall include— 

17 (1) a line item for each use of public land, in18 cluding use for— 

19 (A) grazing; 

20 (B) recreation; 

21 (C) timber; 

22 (D) leasable minerals, including a distinct 

23 accounting for each of oil, natural gas, coal, 

24 and geothermal development; 

25 (E) locatable minerals; 


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1 (F) renewable energy sources, including a 

2 distinct accounting for each of wind and solar 

3 energy; 

4 (G) the sale of land; and 

5 (H) transmission; and 

6 (2) identification of the total acres designated 

7 as wilderness, wilderness study areas, and wild 

8 lands. 

9 (c) AVAILABILITY.—The Secretary of the Interior 

10 and the Secretary of Agriculture shall make the report 

11 prepared under this section publicly available on the appli12 cable agency website. 

13 SEC. 4305. FEDERAL ONSHORE OIL AND NATURAL GAS PRO14 DUCTION GOAL. 

15 (a) IN GENERAL.—The Secretary of the Interior shall 

16 establish a domestic strategic production goal for the de17 velopment of oil and natural gas managed by the Federal 

18 Government. 

19 (b) REQUIREMENTS.—In establishing the goal under 

20 subsection (a), the Secretary shall— 

21 (1) ensure that the United States maintains or 

22 increases production of Federal onshore oil and nat23 ural gas; 


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1 (2) ensure that the 10-year production outlook 

2 for Federal onshore oil and natural gas be provided 

3 annually; 

4 (3) examine steps to streamline the permitting 

5 process to meet the goal; 

6 (4) include the goal in each resource manage7 ment plan; and 

8 (5) analyze each proposed policy of the Depart9 ment of the Interior for the potential impact of the 

10 policy on achieving the goal before implementation 

11 of the policy. 

12 SEC. 4306. OIL SHALE. 

13 (a) ADDITIONAL RESEARCH AND DEVELOPMENT

14 LEASE SALES.—Not later than 180 days after the date 

15 of enactment of this Act, the Secretary of the Interior 

16 shall hold a lease sale in which the Secretary of the Inte17 rior shall offer an additional 10 parcels for lease for re18 search, development, and demonstration of oil shale re19 sources in accordance with the terms offered in the solici20 tation of bids for the leases described in the notice entitled 

21 ‘‘Potential for Oil Shale Development; Call for Nomina22 tions—Oil Shale Research, Development, and Demonstra23 tion (R, D, and D) Program’’ (74 Fed. Reg. 2611). 

24 (b) APPLICATION OF REGULATIONS.—The final rule 

25 entitled ‘‘Oil Shale Management—General’’ (73 Fed. Reg. 


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1 69414), shall apply to all commercial leasing for the man2 agement of federally owned oil shale and any associated 

3 minerals located on Federal land. 

4 TITLE IV—MINING JOBS 

5 PROTECTION ACT 

6 SEC. 4401. SHORT TITLE. 

7 This title may be cited as the ‘‘Mining Jobs Protec8 tion Act’’. 

9 SEC. 4402. PERMITS FOR DREDGED OR FILL MATERIAL. 

10 Section 404 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1344) is amended by striking subsection 

12 (c) and inserting the following: 

13 ‘‘(c) AUTHORITY OF ADMINISTRATOR TO DIS14 APPROVE SPECIFICATIONS.— 

15 ‘‘(1) IN GENERAL.—The Administrator, in ac16 cordance with this subsection, may prohibit the spec17 ification of any defined area as a disposal site, and 

18 may deny or restrict the use of any defined area for 

19 specification as a disposal site, in any case in which 

20 the Administrator determines, after notice and op21 portunity for public hearings and consultation with 

22 the Secretary, that the discharge of those materials 

23 into the area will have an unacceptable adverse ef24 fect on— 

25 ‘‘(A) municipal water supplies; 


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1 ‘‘(B) shellfish beds and fishery areas (in2 cluding spawning and breeding areas); 

3 ‘‘(C) wildlife; or 

4 ‘‘(D) recreational areas. 

5 ‘‘(2) DEADLINE FOR ACTION.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall— 

8 ‘‘(i) not later than 30 days after the 

9 date on which the Administrator receives 

10 from the Secretary for review a specifica11 tion proposed to be issued under sub12 section (a), provide notice to the Secretary 

13 of, and publish in the Federal Register, a 

14 description of any potential concerns of the 

15 Administrator with respect to the specifica16 tion, including a list of measures required 

17 to fully address those concerns; and 

18 ‘‘(ii) if the Administrator intends to 

19 disapprove a specification, not later than 

20 60 days after the date on which the Ad21 ministrator receives a proposed specifica22 tion under subsection (a) from the Sec23 retary, provide to the Secretary and the 

24 applicant, and publish in the Federal Reg25 ister, a statement of disapproval of the 


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1 specification pursuant to this subsection, 

2 including the reasons for the disapproval. 

3 ‘‘(B) FAILURE TO ACT.—If the Adminis4 trator fails to take any action or meet any 

5 deadline described in subparagraph (A) with re6 spect to a proposed specification, the Adminis7 trator shall have no further authority under 

8 this subsection to disapprove or prohibit 

9 issuance of the specification. 

10 ‘‘(3) NO RETROACTIVE DISAPPROVAL.— 

11 ‘‘(A) IN GENERAL.—The authority of the 

12 Administrator to disapprove or prohibit 

13 issuance of a specification under this sub14 section— 

15 ‘‘(i) terminates as of the date that is 

16 60 days after the date on which the Ad17 ministrator receives the proposed specifica18 tion from the Secretary for review; and 

19 ‘‘(ii) shall not be used with respect to 

20 any specification after issuance of the spec21 ification by the Secretary under subsection 

22 (a). 

23 ‘‘(B) SPECIFICATIONS DISAPPROVED BE24 FORE DATE OF ENACTMENT.—In any case in 

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1 paragraph, the Administrator disapproved a 

2 specification under this subsection (as in effect 

3 on the day before the date of enactment of the 

4 Jobs Through Growth Act) after the specifica5 tion was issued by the Secretary pursuant to 

6 subsection (a)— 

7 ‘‘(i) the Secretary may— 

8 ‘‘(I) reevaluate and reissue the 

9 specification after making appropriate 

10 modifications; or 

11 ‘‘(II) elect not to reissue the 

12 specification; and 

13 ‘‘(ii) the Administrator shall have no 

14 further authority to disapprove the modi15 fied specification or any reissuance of the 

16 specification. 

17 ‘‘(C) FINALITY.—An election by the Sec18 retary under subparagraph (B)(i) shall con19 stitute final agency action. 

20 ‘‘(4) APPLICABILITY.—Except as provided in 

21 paragraph (3), this subsection applies to each speci22 fication proposed to be issued under subsection (a) 

23 that is pending as of, or requested or filed on or 

24 after, the date of enactment of the Jobs Through 

25 Growth Act’’. 


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1 SEC. 4403. REVIEW OF PERMITS. 

2 Section 404(q) of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1344(q)) is amended— 

4 (1) in the first sentence, by striking ‘‘(q) Not 

5 later than’’ and inserting the following: 

6 ‘‘(q) AGREEMENTS; HIGHER REVIEW OF PERMITS.— 

7 ‘‘(1) AGREEMENTS.— 

8 ‘‘(A) IN GENERAL.—Not later than’’; 

9 (2) in the second sentence, by striking ‘‘Such 

10 agreements’’ and inserting the following: 

11 ‘‘(B) DEADLINE.—Agreements described 

12 in subparagraph (A)’’; and 

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

14 ‘‘(2) HIGHER REVIEW OF PERMITS.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (C), before the Administrator or the head 

17 of another Federal agency requests that a per18 mit proposed to be issued under this section re19 ceive a higher level of review by the Secretary, 

20 the Administrator or other head shall— 

21 ‘‘(i) consult with the head of the State 

22 agency having jurisdiction over aquatic re23 sources in each State in which activities 

24 under the requested permit would be car25 ried out; and 


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1 ‘‘(ii) obtain official consent from the 

2 State agency (or, in the case of multiple 

3 States in which activities under the re4 quested permit would be carried out, from 

5 each State agency) to designate areas cov6 ered or affected by the proposed permit as 

7 aquatic resources of national importance. 

8 ‘‘(B) FAILURE TO OBTAIN CONSENT.—If 

9 the Administrator or the head of another Fed10 eral agency does not obtain State consent de11 scribed in subparagraph (A) with respect to a 

12 permit proposed to be issued under this section, 

13 the Administrator or Federal agency may not 

14 proceed in seeking higher review of the permit. 

15 ‘‘(C) LIMITATION ON ELEVATIONS.—The 

16 Administrator or the head of another Federal 

17 agency may request that a permit proposed to 

18 be issued under this section receive a higher 

19 level of review by the Secretary not more than 

20 once per permit. 

21 ‘‘(D) EFFECTIVE DATE.—This paragraph 

22 applies to permits for which applications are 

23 submitted under this section on or after Janu24 ary 1, 2010.’’. 


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1 TITLE V—ENERGY TAX 

2 PREVENTION ACT 

3 SEC. 4501. SHORT TITLE. 

4 This title may be cited as the ‘‘Energy Tax Preven5 tion Act’’. 

6 SEC. 4502. NO REGULATION OF EMISSIONS OF GREEN7 HOUSE GASES. 

8 (a) IN GENERAL.—Title III of the Clean Air Act (42 

9 U.S.C. 7601 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF GREEN12 HOUSE GASES. 

13 ‘‘(a) DEFINITION.—In this section, the term ‘green14 house gas’ means any of the following: 

15 ‘‘(1) Water vapor. 

16 ‘‘(2) Carbon dioxide. 

17 ‘‘(3) Methane. 

18 ‘‘(4) Nitrous oxide. 

19 ‘‘(5) Sulfur hexafluoride. 

20 ‘‘(6) Hydrofluorocarbons. 

21 ‘‘(7) Perfluorocarbons. 

22 ‘‘(8) Any other substance subject to, or pro23 posed to be subject to, regulation, action, or consid24 eration under this Act to address climate change. 

25 ‘‘(b) LIMITATION ON AGENCY ACTION.— 


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1 ‘‘(1) LIMITATION.— 

2 ‘‘(A) IN GENERAL.—The Administrator 

3 may not, under this Act, promulgate any regu4 lation concerning, take action relating to, or 

5 take into consideration the emission of a green6 house gas to address climate change. 

7 ‘‘(B) AIR POLLUTANT DEFINITION.—The 

8 definition of the term ‘air pollutant’ in section 

9 302(g) does not include a greenhouse gas. 

10 Nothwithstanding the previous sentence, such 

11 definition may include a greenhouse gas for 

12 purposes of addressing concerns other than cli13 mate change. 

14 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

15 prohibit the following: 

16 ‘‘(A) Notwithstanding paragraph (4)(B), 

17 implementation and enforcement of the rule en18 titled ‘Light-Duty Vehicle Greenhouse Gas 

19 Emission Standards and Corporate Average 

20 Fuel Economy Standards’ (75 Fed. Reg. 25324 

21 (May 7, 2010) and without further revision) 

22 and finalization, implementation, enforcement, 

23 and revision of the proposed rule entitled 

24 ‘Greenhouse Gas Emissions Standards and 

25 Fuel Efficiency Standards for Medium- and 


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1 Heavy-Duty Engines and Vehicles’ published at 

2 75 Fed. Reg. 74152 (November 30, 2010). 

3 ‘‘(B) Implementation and enforcement of 

4 section 211(o). 

5 ‘‘(C) Statutorily authorized Federal re6 search, development, and demonstration pro7 grams addressing climate change. 

8 ‘‘(D) Implementation and enforcement of 

9 title VI to the extent such implementation or 

10 enforcement only involves one or more class I or 

11 class II substances (as such terms are defined 

12 in section 601). 

13 ‘‘(E) Implementation and enforcement of 

14 section 821 (42 U.S.C. 7651k note) of Public 

15 Law 101–549 (commonly referred to as the 

16 ‘Clean Air Act Amendments of 1990’). 

17 ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth18 ing listed in paragraph (2) shall cause a greenhouse 

19 gas to be subject to part C of title I (relating to pre20 vention of significant deterioration of air quality) or 

21 considered an air pollutant for purposes of title V 

22 (relating to air permits). 

23 ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The 

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1 ment or revision to such rules and actions) are re2 pealed and shall have no legal effect: 

3 ‘‘(A) ‘Mandatory Reporting of Greenhouse 

4 Gases’, published at 74 Fed. Reg. 56260 (Octo5 ber 30, 2009). 

6 ‘‘(B) ‘Endangerment and Cause or Con7 tribute Findings for Greenhouse Gases under 

8 section 202(a) of the Clean Air Act’ published 

9 at 74 Fed. Reg. 66496 (Dec. 15, 2009). 

10 ‘‘(C) ‘Reconsideration of the Interpretation 

11 of Regulations That Determine Pollutants Cov12 ered by Clean Air Act Permitting Programs’ 

13 published at 75 Fed. Reg. 17004 (April 2, 

14 2010) and the memorandum from Stephen L. 

15 Johnson, Environmental Protection Agency 

16 (EPA) Administrator, to EPA Regional Admin17 istrators, concerning ‘EPA’s Interpretation of 

18 Regulations that Determine Pollutants Covered 

19 by Federal Prevention of Significant Deteriora20 tion (PSD) Permit Program’ (Dec. 18, 2008). 

21 ‘‘(D) ‘Prevention of Significant Deteriora22 tion and Title V Greenhouse Gas Tailoring 

23 Rule’, published at 75 Fed. Reg. 31514 (June 

24 3, 2010). 


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1 ‘‘(E) ‘Action To Ensure Authority To 

2 Issue Permits Under the Prevention of Signifi3 cant Deterioration Program to Sources of 

4 Greenhouse Gas Emissions: Finding of Sub5 stantial Inadequacy and SIP Call’, published at 

6 75 Fed. Reg. 77698 (December 13, 2010). 

7 ‘‘(F) ‘Action To Ensure Authority To 

8 Issue Permits Under the Prevention of Signifi9 cant Deterioration Program to Sources of 

10 Greenhouse Gas Emissions: Finding of Failure 

11 to Submit State Implementation Plan Revisions 

12 Required for Greenhouse Gases’, published at 

13 75 Fed. Reg. 81874 (December 29, 2010). 

14 ‘‘(G) ‘Action To Ensure Authority To 

15 Issue Permits Under the Prevention of Signifi16 cant Deterioration Program to Sources of 

17 Greenhouse Gas Emissions: Federal Implemen18 tation Plan’, published at 75 Fed. Reg. 82246 

19 (December 30, 2010). 

20 ‘‘(H) ‘Action To Ensure Authority To Im21 plement Title V Permitting Programs Under 

22 the Greenhouse Gas Tailoring Rule’, published 

23 at 75 Fed. Reg. 82254 (December 30, 2010). 

24 ‘‘(I) ‘Determinations Concerning Need for 

25 Error Correction, Partial Approval and Partial 


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1 Disapproval, and Federal Implementation Plan 

2 Regarding Texas Prevention of Significant De3 terioration Program’, published at 75 Fed. Reg. 

4 82430 (December 30, 2010). 

5 ‘‘(J) ‘Limitation of Approval of Prevention 

6 of Significant Deterioration Provisions Con7 cerning Greenhouse Gas Emitting-Sources in 

8 State Implementation Plans; Final Rule’, pub9 lished at 75 Fed. Reg. 82536 (December 30, 

10 2010). 

11 ‘‘(K) ‘Determinations Concerning Need for 

12 Error Correction, Partial Approval and Partial 

13 Disapproval, and Federal Implementation Plan 

14 Regarding Texas Prevention of Significant De15 terioration Program; Proposed Rule’, published 

16 at 75 Fed. Reg. 82365 (December 30, 2010). 

17 ‘‘(L) Except for action listed in paragraph 

18 (2), any other Federal action under this Act oc19 curring before the date of enactment of this 

20 section that applies a stationary source permit21 ting requirement or an emissions standard for 

22 a greenhouse gas to address climate change. 

23 ‘‘(5) STATE ACTION.— 

24 ‘‘(A) NO LIMITATION.—This section does 

25 not limit or otherwise affect the authority of a 


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1 State to adopt, amend, enforce, or repeal State 

2 laws and regulations pertaining to the emission 

3 of a greenhouse gas. 

4 ‘‘(B) EXCEPTION.— 

5 ‘‘(i) RULE.—Notwithstanding sub6 paragraph (A), any provision described in 

7 clause (ii)— 

8 ‘‘(I) is not federally enforceable; 

9 ‘‘(II) is not deemed to be a part 

10 of Federal law; and 

11 ‘‘(III) is deemed to be stricken 

12 from the plan described in clause 

13 (ii)(I) or the program or permit de14 scribed in clause (ii)(II), as applicable. 

15 ‘‘(ii) PROVISIONS DEFINED.—For pur16 poses of clause (i), the term ‘provision’ 

17 means any provision that— 

18 ‘‘(I) is contained in a State im19 plementation plan under section 110 

20 and authorizes or requires a limitation 

21 on, or imposes a permit requirement 

22 for, the emission of a greenhouse gas 

23 to address climate change; or 

24 ‘‘(II) is part of an operating per25 mit program under title V, or a perVerDate Mar 15 2010 01:00 Oct 19, 2011 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.PCS S1720

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1 mit issued pursuant to title V, and 

2 authorizes or requires a limitation on 

3 the emission of a greenhouse gas to 

4 address climate change. 

5 ‘‘(C) ACTION BY ADMINISTRATOR.—The 

6 Administrator may not approve or make feder7 ally enforceable any provision described in sub8 paragraph (B)(ii).’’. 

9 SEC. 4503. PRESERVING ONE NATIONAL STANDARD FOR 

10 AUTOMOBILES. 

11 Section 209(b) of the Clean Air Act (42 U.S.C. 7543) 

12 is amended by adding at the end the following: 

13 ‘‘(4) With respect to standards for emissions of 

14 greenhouse gases (as defined in section 330) for 

15 model year 2017 or any subsequent model year for 

16 new motor vehicles and new motor vehicle engines— 

17 ‘‘(A) the Administrator may not waive ap18 plication of subsection (a); and 

19 ‘‘(B) no waiver granted prior to the date of 

20 enactment of this paragraph may be considered 

21 to waive the application of subsection (a).’’. 


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1 TITLE VI—REPEAL RESTRIC2 TIONS ON GOVERNMENT USE 

3 OF DOMESTIC ALTERNATIVE 

4 FUELS 

5 SEC. 4601. REPEAL OF UNNECESSARY BARRIER TO DOMES6 TIC FUEL PRODUCTION. 

7 Section 526 of the Energy Independence and Security 

8 Act of 2007 (42 U.S.C. 17142) is repealed. 

9 TITLE VII—PUBLIC LANDS JOB 

10 CREATION ACT 

11 SEC. 4701. SHORT TITLE. 

12 This title may be cited as the ‘‘Public Lands Job Cre13 ation Act’’. 

14 SEC. 4702. REVIEW OF CERTAIN FEDERAL REGISTER NO15 TICES. 

16 If, by the date that is 45 days after the date on which 

17 a State Bureau of Land Management office has submitted 

18 a Federal Register notice to the Washington, DC, office 

19 of the Bureau of Land Management for Department of 

20 Interior review, the review has not been completed— 

21 (1) the notice shall consider to be approved; 

22 and 

23 (2) the State Bureau of Land Management of24 fice shall immediately forward the notice to the Fed25 eral Register for publication. 


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1 DIVISION E—EXPORT 

2 PROMOTION 

3 SEC. 5001. SHORT TITLE. 

4 This division may be cited as the ‘‘Creating American 

5 Jobs through Exports Act of 2011’’. 

6 SEC. 5002. RENEWAL OF TRADE PROMOTION AUTHORITY. 

7 (a) IN GENERAL.—Section 2103 of the Bipartisan 

8 Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) 

9 is amended— 

10 (1) in subsection (a)(1), by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A) may enter into trade agreements with 

13 foreign countries— 

14 ‘‘(i) on and after the date of the en15 actment of the Creating American Jobs 

16 through Exports Act of 2011 and before 

17 June 1, 2013; or 

18 ‘‘(ii) on and after June 1, 2013, and 

19 before December 31, 2013, if trade au20 thorities procedures are extended under 

21 subsection (c); and’’; 

22 (2) in subsection (b)(1), by striking subpara23 graph (C) and inserting the following: 

24 ‘‘(C) The President may enter into a trade 

25 agreement under this paragraph— 


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1 ‘‘(i) on and after the date of the enactment 

2 of the Creating American Jobs through Exports 

3 Act of 2011 and before June 1, 2013; or 

4 ‘‘(ii) on and after June 1, 2013, and be5 fore December 31, 2013, if trade authorities 

6 procedures are extended under subsection (c).’’; 

7 and 

8 (3) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘before July 1, 2005’’ and inserting ‘‘on 

12 and after the date of the enactment of the 

13 Creating American Jobs through Exports 

14 Act of 2011 and before June 1, 2013’’; 

15 and 

16 (ii) in subparagraph (B)— 

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘after June 30, 2005, 

19 and before July 1, 2007’’ and insert20 ing ‘‘on or after June 1, 2013, and 

21 before December 31, 2013’’; and 

22 (II) in clause (ii), by striking 

23 ‘‘July 1, 2005’’ and inserting ‘‘June 

24 1, 2013’’; 


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1 (B) in paragraph (2), in the matter pre2 ceding subparagraph (A), by striking ‘‘April 1, 

3 2005’’ and inserting ‘‘March 1, 2013’’; 

4 (C) in paragraph (3)— 

5 (i) in subparagraph (A), in the matter 

6 preceding clause (i), by striking ‘‘June 1, 

7 2005’’ and inserting ‘‘May 1, 2013’’; and 

8 (ii) in subparagraph (B)— 

9 (I) by striking ‘‘June 1, 2005’’ 

10 and inserting ‘‘May 1, 2013’’; and 

11 (II) by striking ‘‘the date of en12 actment of this Act’’ and inserting 

13 ‘‘the date of the enactment of the Cre14 ating American Jobs through Exports 

15 Act of 2011’’; and 

16 (D) in paragraph (5), by striking ‘‘June 

17 30, 2005’’ each place it appears and inserting 

18 ‘‘May 31, 2013’’. 

19 (b) TREATMENT OF THE TRANS-PACIFIC PARTNER20 SHIP AGREEMENT AND CERTAIN OTHER AGREEMENTS.— 

21 Section 2106 of the Bipartisan Trade Promotion Author22 ity Act of 2002 (19 U.S.C. 3806) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by striking the 

25 comma at the end and inserting ‘‘, or’’; 


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1 (B) by striking paragraphs (2), (3), and 

2 (4) and inserting the following: 

3 ‘‘(2) establishes a Trans-Pacific Partnership,’’; 

4 and 

5 (C) in the flush text at the end, by striking 

6 ‘‘the date of the enactment of this Act’’ and in7 serting ‘‘the date of the enactment of the Cre8 ating American Jobs through Exports Act of 

9 2011’’; and 

10 (2) in subsection (b)(2), in the matter pre11 ceding subparagraph (A), by striking ‘‘the enact12 ment of this Act’’ and inserting ‘‘the date of the en13 actment of the Creating American Jobs through Ex14 ports Act of 2011’’. 

15 SEC. 5003. MODIFICATION OF STANDARD FOR PROVISIONS 

16 THAT MAY BE INCLUDED IN IMPLEMENTING 

17 BILLS. 

18 Section 2103(b) of the Bipartisan Trade Promotion 

19 Authority Act of 2002 (19 U.S.C. 3803(b)), as amended 

20 by section 5002(a), is further amended in paragraph 

21 (3)(B) by striking clause (ii) and inserting the following: 

22 ‘‘(ii) provisions that are necessary to 

23 the implementation and enforcement of 

24 such trade agreement.’’. 


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Calendar No. 203 

112TH CONGRESS 

1ST SESSION S. 1720 

A BILL 

To provide American jobs through economic 

growth. 

OCTOBER 18, 2011 

Read the second time and placed on the calendar 


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