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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 214
112th CONGRESS
  1st Session
                                S. 1786

    To facilitate job creation by reducing regulatory uncertainty, 
      providing for rational evaluation of regulations, providing 
 flexibilities to States and localities, providing for infrastructure 
                   spending, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2011

   Mr. Hatch introduced the following bill; which was read twice and 
                     ordered placed on the calendar

_______________________________________________________________________

                                 A BILL

 
    To facilitate job creation by reducing regulatory uncertainty, 
      providing for rational evaluation of regulations, providing 
 flexibilities to States and localities, providing for infrastructure 
                   spending, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Long-Term Surface 
Transportation Extension Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--FEDERAL-AID HIGHWAYS

                          Subtitle A--Funding

Sec. 101. Reconciliation of funds.
         Subtitle B--Extension of Federal-aid Highway Programs

Sec. 111. Extension of Federal-aid highway programs.
                Subtitle C--Highway Trust Fund Extension

Sec. 121. Extension of trust fund expenditure authority.
Sec. 122. Extension of highway-related taxes.
               Subtitle D--Accelerating Project Delivery

Sec. 131. Project delivery acceleration initiative.
Sec. 132. Efficiencies in contracting.
Sec. 133. Application of categorical exclusions for multimodal 
                            projects.
Sec. 134. Integration of planning and environmental review.
Sec. 135. National Environmental Policy Act process reforms.
Sec. 136. Clarified eligibility for early acquisition activities prior 
                            to completion of environmental review 
                            process.
Sec. 137. Surface transportation project delivery program.
Sec. 138. State assumption of responsibilities for categorical 
                            exclusions.
Sec. 139. Emergency waiver.
Sec. 140. Cement sector regulatory relief.
                    TITLE II--PUBLIC TRANSPORTATION

Sec. 201. Public transportation.
        TITLE III--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

Sec. 301. Extension of National Highway Traffic Safety Administration 
                            highway safety programs.
Sec. 302. Extension of Federal Motor Carrier Safety Administration 
                            programs.
Sec. 303. Additional programs.
      TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Congressional review of agency rulemaking.
                     TITLE V--EPA REGULATORY RELIEF

Sec. 501. Short title.
Sec. 502. Legislative stay.
Sec. 503. Compliance dates.
Sec. 504. Energy recovery and conservation.
Sec. 505. Other provisions.
                     TITLE VI--REGULATORY TIME-OUT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Time-out period for regulations.
Sec. 604. Exemptions.
   TITLE VII--RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN 
                                REVENUES

Sec. 701. Rescission.

                     TITLE I--FEDERAL-AID HIGHWAYS

                          Subtitle A--Funding

SEC. 101. RECONCILIATION OF FUNDS.

    The Secretary of Transportation shall reduce the amount apportioned 
or allocated for each program, project, and activity under this Act or 
an amendment made by this Act for fiscal year 2012 by amounts 
apportioned or allocated pursuant to the Surface Transportation 
Extension Act of 2011, Part II (Public Law 112-30; 125 Stat. 343), for 
the period beginning on October 1, 2011, and ending on March 4, 2012.

         Subtitle B--Extension of Federal-aid Highway Programs

SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

    (a) In General.--Section 111 of the Surface Transportation 
Extension Act of 2011, Part II (125 Stat. 343) is amended--
            (1) by striking ``for the period beginning on October 1, 
        2011, and ending on March 31, 2012,'' each place it appears and 
        inserting ``for each of fiscal years 2012 and 2013''; and
            (2) by striking ``1/2 of'' each place it appears.
    (b) Authorization Date.--Section 111(a) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 343) is 
amended by striking ``March 31, 2012'' and inserting ``September 30, 
2013''.
    (c) Use of Funds.--
            (1) In general.--Section 111(c) of the Surface 
        Transportation Extension Act of 2011, Part II (125 Stat. 343) 
        is amended--
                    (A) in the heading of paragraph (1), by striking 
                ``Fiscal year 2012'' and inserting ``In general'';
                    (B) in paragraph (2), by striking ``The amounts'' 
                and inserting ``For each of fiscal years 2012 and 2013, 
                the amounts'';
                    (C) in paragraph (3)-
                            (i) in subparagraph (A), by striking 
                        ``included in an Act making appropriations for 
                        fiscal year 2012 or'' and all that follows 
                        through the period at the end and inserting 
                        ``included in an Act making appropriations for 
                        the fiscal year, or a portion of the fiscal 
                        year, for which the funds are authorized to be 
                        appropriated''; and
                            (ii) in subparagraph (B)(ii), by striking 
                        ``only in an amount equal to $319,500,000'' and 
                        inserting ``only in an amount equal to 
                        $639,000,000''; and
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) Transportation enhancements.--Funds shall be 
        distributed, administered, limited, and made available for 
        obligation under paragraph (1) without regard to section 
        133(d)(2) of title 23, United States Code (as in effect on the 
        day before the date of enactment of the Long-Term Surface 
        Transportation Extension Act of 2011.''.
            (2) Repeal.--Section 133(d)(2) of title 23, United States 
        Code, is repealed.
    (d) Extension and Flexibility for Certain Allocated Programs.--
Section 111(d)(3)(B) of the Surface Transportation Extension Act of 
2011, Part II (125 Stat. 345) is amended by striking ``Funds made 
available in accordance'' and inserting ``For each of fiscal years 2012 
and 2013, funds made available in accordance''.
    (e) Extension of Authorizations Under Title V of SAFETEA-LU.--
Section 111(e)(3)(B) of the Surface Transportation Extension Act of 
2011, Part II (125 Stat. 345) is amended by striking ``Funds'' and 
inserting ``For each of fiscal years 2012 and 2013, funds''.
    (f) Administrative Expenses.--Section 112 of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 346) is 
amended by striking ``$196,427,625 for the period beginning on October 
1, 2011, and ending on March 31, 2012'' and inserting ``$425,000,000 
for each of fiscal years 2012 and 2013''.

                Subtitle C--Highway Trust Fund Extension

SEC. 121. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 is amended--
            (1) by striking ``April 1, 2012'' in subsections (b)(6)(B), 
        (c)(1), and (e)(3) and inserting ``October 1, 2013''; and
            (2) by striking ``Surface Transportation Extension Act of 
        2011, Part II'' in subsections (c)(1) and (e)(3) and inserting 
        ``Long-Term Surface Transportation Extension Act of 2011''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``Surface Transportation Extension Act of 
        2011, Part II'' each place it appears in subsection (b)(2) and 
        inserting ``Long-Term Surface Transportation Extension Act of 
        2011''; and
            (2) by striking ``April 1, 2012'' in subsection (d)(2) and 
        inserting ``October 1, 2013''.
    (c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of 
section 9508(e) of the Internal Revenue Code of 1986 is amended by 
striking ``April 1, 2012'' and inserting ``October 1, 2013''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2012.

SEC. 122. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``March 31, 2012'' 
        and inserting ``September 30, 2013'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is 
        amended by striking ``April 1, 2012'' and inserting ``October 
        1, 2013'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).
    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2012'' and inserting ``2014'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.
    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``April 1, 2012'' each place it appears and 
        inserting ``October 1, 2013'';
            (2) by striking ``September 30, 2012'' each place it 
        appears and inserting ``March 31, 2014''; and
            (3) by striking ``July 1, 2012'' and inserting ``January 1, 
        2014''.
    (d) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i) 
of the Internal Revenue Code of 1986 are each amended by striking 
``April 1, 2012'' and inserting ``October 1, 2013''.
    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code 
        of 1986 is amended--
                    (A) in subsection (b)--
                            (i) by striking ``April 1, 2012'' each 
                        place it appears in paragraphs (1) and (2) and 
                        inserting ``October 1, 2013'';
                            (ii) by striking ``April 1, 2012'' in the 
                        heading of paragraph (2) and inserting 
                        ``October 1, 2013'';
                            (iii) by striking ``March 31, 2012'' in 
                        paragraph (2) and inserting ``September 30, 
                        2013''; and
                            (iv) by striking ``January 1, 2013'' in 
                        paragraph (2) and inserting ``July 1, 2014''; 
                        and
                    (B) in subsection (c)(2), by striking ``January 1, 
                2013'' and inserting ``July 1, 2014''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code are each amended by 
                striking ``April 1, 2012'' and inserting ``October 1, 
                2013''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 201(b) of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                11(b)) is amended--
                            (i) by striking ``April 1, 2013'' each 
                        place it appears and inserting ``October 1, 
                        2014''; and
                            (ii) by striking ``April 1, 2012'' and 
                        inserting ``October 1, 2013''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2012.

               Subtitle D--Accelerating Project Delivery

SEC. 131. PROJECT DELIVERY ACCELERATION INITIATIVE.

    (a) Declaration of Policy.--Congress finds that--
            (1) it is in the national interest to enable the Secretary 
        of Transportation (referred to in this subtitle as ``the 
        Secretary''), State departments of transportation, transit 
        agencies, and all other recipients of Federal transportation 
        funds--
                    (A) to accelerate project delivery acceleration and 
                reduce costs; and
                    (B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient and 
                effective manner that--
                            (i) promotes accountability for public 
                        investments; and
                            (ii) encourages greater private sector 
                        involvement in project financing and delivery;
            (2) delay in the delivery of transportation projects--
                    (A) increases project costs;
                    (B) harms the economy of the United States; and
                    (C) impedes the travel of the people of the United 
                States; and
            (3) the Secretary shall identify and promote the deployment 
        of innovation aimed at reducing the time and money it takes to 
        deliver transportation projects while enhancing safety and 
        protecting the environment.
    (b) Establishment of Initiative.--
            (1) In general.--To advance the policy identified in 
        subsection (a), the Secretary shall carry out a project 
        delivery acceleration initiative in accordance with this 
        section.
            (2) Purposes.--The purposes of the project delivery 
        acceleration initiative shall be--
                    (A) to develop and advance the use of best 
                practices to accelerate project delivery and reduce 
                costs across all modes of transportation and expedite 
                the deployment of technology and innovation;
                    (B) to implement statutory provisions designed to 
                accelerate project delivery; and
                    (C) to select eligible projects for applying 
                experimental features to test innovative project 
                delivery acceleration techniques.
            (3) Advancing the use of best practices.--
                    (A) In general.--In carrying out the initiative 
                under this section, the Secretary shall identify and 
                advance best practices to reduce delivery time and 
                project costs, from planning to construction, for 
                transportation projects and programs of projects 
                regardless of mode and project size.
                    (B) Requirement.--To advance the use of best 
                practices, the Secretary shall--
                            (i) engage transportation stakeholders to 
                        gather information regarding opportunities for 
                        accelerating project delivery and reducing 
                        costs;
                            (ii) establish a clearinghouse for the 
                        collection, documentation, and advancement of 
                        existing and new innovative approaches and best 
                        practices;
                            (iii) disseminate information through a 
                        variety of means to transportation stakeholders 
                        on new innovative approaches and best 
                        practices; and
                            (iv) provide technical assistance to assist 
                        transportation stakeholders in the use of 
                        existing flexibilities to resolve project 
                        delays and accelerate project delivery, to the 
                        maximum extent practicable.
            (4) Implementing statutory provisions for accelerating 
        project delivery.--The Secretary shall ensure that the 
        provisions of this subtitle and the amendments made by this 
        subtitle intended to accelerate project delivery are fully 
        implemented, including by--
                    (A) compressing the process for drafting 
                environmental impact statements under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (B) establishing mandatory timeframes for 
                permitting and approval decisions of other Federal 
                agencies;
                    (C) integrating transportation planning and 
                environmental review of transportation projects;
                    (D) expanding eligibility of early acquisition of 
                property prior to completion of environmental review 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    (E) allowing the use of the construction manager or 
                general contractor method of contracting in the 
                Federal-aid highway program;
                    (F) establishing a demonstration program to 
                streamline the relocation process by permitting a lump-
                sum payment for acquisition and relocation if elected 
                by the displaced occupant; and
                    (G) establishing a pilot program to provide direct 
                Federal-aid highway funding to local governments.
            (5) Advancing innovative project delivery.--In order to 
        accelerate project delivery and reduce costs for transportation 
        projects across all modes and regardless of project size, to 
        the maximum extent practicable, the Secretary shall use the 
        authority under section 304 of title 49, United States Code (as 
        amended by section 133(a)).

SEC. 132. EFFICIENCIES IN CONTRACTING.

    (a) Authority.--Section 112(b) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(4) Construction manager; general contractor.--
                    ``(A) 2-phases contract.--
                            ``(i) In general.--A contracting agency may 
                        award a 2-phase contract to a construction 
                        manager or general contractor for pre-
                        construction and construction services.
                            ``(ii) Pre-construction phase.--In the pre-
                        construction phase, the construction manager 
                        shall provide the contracting agency with 
                        advice for scheduling, work sequencing, cost 
                        engineering, constructability, cost estimating, 
                        and risk identification.
                            ``(iii) Price.--Prior to the start of the 
                        second phase, the owner and the construction 
                        manager may agree to a price for the 
                        construction of the project or a portion of the 
                        project.
                            ``(iv) General contractor.--If an agreement 
                        is reached under clause (iii), the construction 
                        manager shall be considered the general 
                        contractor for the construction of the project 
                        at the negotiated schedule and price.
                    ``(B) Selection.--A contract shall be awarded to a 
                construction manager or general contractor using a 
                competitive selection process under which the contract 
                is awarded on the basis of qualifications, experience, 
                best value, or any other combination of factors 
                considered appropriate by the contracting agency.
                    ``(C) Timing.--
                            ``(i) In general.--Prior to the completion 
                        of the process required under section 102 of 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4332), a contracting agency may--
                                    ``(I) issue requests for proposals;
                                    ``(II) proceed with the award of 
                                the first phase of construction manager 
                                or general contractor contract; and
                                    ``(III) issue notices to proceed 
                                with preliminary design.
                            ``(ii) Compliance with other law.--If the 
                        first phase of a construction manager or 
                        general contractor contract focuses primarily 
                        on 1 alternative, the Secretary shall require 
                        that the contract include appropriate 
                        provisions to ensure--
                                    ``(I) that the objectives of 
                                section 102 of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4332) are achieved; and
                                    ``(II) compliance with other 
                                applicable Federal laws and regulations 
                                occurs.
                            ``(iii) Requirement.--A contracting agency 
                        shall not proceed with the award of the second 
                        phase, and shall not proceed, or permit any 
                        consultant or contractor to proceed, with final 
                        design or construction until completion of the 
                        process required under section 102 of the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4332).
                    ``(D) Applicability.--This paragraph shall not 
                apply to any project funded under chapter 53 of title 
                49.''.
    (b) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out the amendments made by this section.
    (c) Effect on Experimental Program.--Nothing in this section or the 
amendments made by this section affects the authority to carry out, or 
any project carried out under, any experimental program concerning 
construction manager risk that is being carried out by the Secretary as 
of the date of enactment of this Act.

SEC. 133. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
              PROJECTS.

    (a) In General.--Section 304 of title 49, United States Code, is 
amended to read as follows:
``Sec. 304. Application of categorical exclusions for multimodal 
              projects
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term in section 139 of title 23.
            ``(2) Environmental impact statement.--The term 
        `environmental impact statement' has the meaning given the term 
        in section 139 of title 23.
            ``(3) Environmental review process.--The term 
        `environmental review process' has the meaning given the term 
        in section 139 of title 23.
            ``(4) Lead agency.--The term `lead agency' means the 
        Department of Transportation and, if applicable, any State or 
        local governmental agency that serves as the lead agency for a 
        multimodal project.
            ``(5) Multimodal project.--The term `multimodal project' 
        has the meaning given the term in section 139 of title 23.
            ``(6) Project.--The term `project' has the meaning given 
        the term in section 139 of title 23.
            ``(7) State transportation department.--The term `State 
        transportation department' has the meaning given the term in 
        section 139 of title 23.
    ``(b) Applicability.--Any authority provided in this section may be 
exercised for any multimodal project, class of projects, or program of 
projects that is carried out under this title.
    ``(c) Application of Categorical Exclusions for Multimodal 
Projects.--
            ``(1) In general.--Subject to paragraph (2), in considering 
        the environmental impacts of a proposed multimodal project, a 
        lead agency may apply 1 or more categorical exclusions under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) to other components of the project carried out by a 
        participating agency or State transportation department if the 
        lead agency determines that--
                    ``(A) based on regulations or procedures of the 
                lead agency for determining categorical exclusions, the 
                components of the project that fall under the modal 
                expertise of the lead agency satisfy the conditions for 
                1 or more categorical exclusions under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    ``(B) the project does not require the preparation 
                of an environmental impact statement.
            ``(2) Exclusions.--Paragraph (1) shall only apply if--
                    ``(A) the multimodal project is funded under a 
                grant agreement administered by the lead agency;
                    ``(B) the multimodal project has components that 
                require the expertise of a participating agency to 
                assess the environmental impacts of the components of 
                the project;
                    ``(C) each component of the project has independent 
                utility;
                    ``(D) the participating agency, in consultation 
                with the lead agency, determines that, based on 
                regulations or procedures of the participating agency 
                for determining categorical exclusions, 1 or more 
                categorical exclusions under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to 
                the components of the project under the modal expertise 
                of the participating agency; and
                    ``(E) the lead agency determines that--
                            ``(i) the project does not individually or 
                        cumulatively have a significant impact on the 
                        environment; and
                            ``(ii) extraordinary circumstances do not 
                        exist.
    ``(d) Modal Cooperation.--
            ``(1) In general.--At the request of the lead agency, a 
        participating agency shall provide modal expertise to a lead 
        agency on any aspect of the project in which the participating 
        agency has expertise.
            ``(2) Applicability.--A determination of a participating 
        agency that 1 or more categorical exclusions under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        applies to an aspect of a multimodal project shall only apply 
        to the larger multimodal project if, based on regulations or 
        procedures of the participating agency for determining 
        categorical exclusions, the participating agency determines 
        that 1 or more categorical exclusions apply to the applicable 
        aspect of a multimodal project.''.
    (b) Conforming Amendment.--The item relating to section 304 in the 
analysis for chapter 3 of title 49, United States Code, is amended to 
read as follows:

``Sec. 304. Application of categorical exclusions for multimodal 
                            projects''.

SEC. 134. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 167. Integration of planning and environmental review
    ``(a) Definitions.--In this section:
            ``(1) Environmental review process.--The term 
        `environmental review process' has the meaning given the term 
        in section 139.
            ``(2) Lead agency.--The term `lead agency' has the meaning 
        given the term in section 139.
            ``(3) Planning product.--The term `planning product' means 
        any decision, analysis, study, or other documented result of an 
        evaluation or decisionmaking process that is carried out during 
        transportation planning.
            ``(4) Project.--The term `project' has the meaning given 
        the term in section 139.
            ``(5) Project sponsor.--The term `project sponsor' has the 
        meaning given the term in section 139.
    ``(b) Purpose and Intent.--The purpose of this section is to 
establish the authority, and provide procedures, for achieving 
integrated planning and environmental review processes--
            ``(1) to enable statewide and metropolitan planning 
        processes to more effectively serve as the foundation for 
        highway and transit project decisions;
            ``(2) to foster better decisionmaking;
            ``(3) to reduce duplicative work;
            ``(4) to avoid delays in carrying out transportation 
        improvements; and
            ``(5) to improve transportation and maintain environmental 
        protections for communities and the United States.
    ``(c) Adoption of Planning Products for Use in the Environmental 
Review Process.--
            ``(1) In general.--Subject to paragraph (3) and 
        notwithstanding any other provision of law, the Secretary of 
        Transportation, in consultation with 1 or more lead agencies or 
        project sponsors, may adopt and use any planning product, in 
        whole or in part, in the environmental review process of a 
        transportation project or program.
            ``(2) Applicability.--
                    ``(A) In general.--Planning decisions that may be 
                adopted pursuant to this section include--
                            ``(i) a purpose and goal for the proposed 
                        action, including whether tolling, private 
                        financial assistance, or other special 
                        financial measures are necessary to implement 
                        the proposed action;
                            ``(ii) the location of the travel corridor;
                            ``(iii) the modal choice, including whether 
                        to implement corridor or subarea study 
                        recommendations to advance different modal 
                        solutions as separate projects with independent 
                        utility;
                            ``(iv) the elimination of unreasonable 
                        alternatives and the selection of a range of 
                        reasonable alternatives for detailed study 
                        during the environmental review process;
                            ``(v) a basic description of the 
                        environmental setting;
                            ``(vi) the methodology to be used in the 
                        analysis; and
                            ``(vii) the identification of programmatic 
                        level mitigation for potential impacts that the 
                        Secretary of Transportation, in conjunction 
                        with other applicable agencies, determines are 
                        most effectively addressed at a regional or 
                        national program level, including--
                                    ``(I) system-level measures to 
                                avoid, minimize, or mitigate impacts of 
                                proposed transportation investments on 
                                environmental resources;
                                    ``(II) regional ecosystem needs and 
                                opportunities; and
                                    ``(III) potential mitigation 
                                activities, locations, and investments.
                    ``(B) Planning analyses.--Examples of planning 
                analyses that may be adopted under this section include 
                studies of past, current, or predicted future--
                            ``(i) travel demands;
                            ``(ii) regional development and growth 
                        levels;
                            ``(iii) local land use, growth management, 
                        and development patterns;
                            ``(iv) population and employment levels;
                            ``(v) natural and human environmental 
                        conditions;
                            ``(vi) environmental resources and 
                        environmentally sensitive areas;
                            ``(vii) potential environmental effects, 
                        including the identification of resources of 
                        concern and potential cumulative effects on 
                        those resources, as a result of a statewide or 
                        regional cumulative effects assessment;
                            ``(viii) mitigation needs for a proposed 
                        action or for programmatic level mitigation for 
                        potential effects that the Secretary of 
                        Transportation determines are most effectively 
                        addressed at a regional or national program 
                        level; and
                            ``(ix) safety measures.
            ``(3) Conditions.--The adoption and use of a planning 
        product under this section shall be subject to a determination 
        by the Secretary of Transportation, in consultation with 
        appropriate lead agencies and project sponsors, that--
                    ``(A) the planning product has been developed 
                through a planning process carried out pursuant to 
                applicable Federal law (including regulations);
                    ``(B) the planning process includes broad 
                multidisciplinary consideration of systems-level or 
                corridor-wide transportation needs and an analysis of 
                potential effects;
                    ``(C) during the planning process--
                            ``(i) notice of the proposed planning 
                        product and planning process has been provided 
                        through publication or other means to--
                                    ``(I) each Federal, State, local, 
                                and tribal government that may have an 
                                interest in the proposed project or 
                                program; and
                                    ``(II) members of the general 
                                public; and
                            ``(ii) the entities described in clause 
                        (i)(I) have been provided an opportunity to 
                        participate in the planning process;
                    ``(D) prior to determining the scope of the 
                environmental review process, each lead agency has made 
                documentation relating to the planning product 
                available to the entities described in subparagraph 
                (C)(i)(I);
                    ``(E) no significant new information or new 
                circumstance exists that has a reasonable likelihood of 
                affecting the continued validity of the planning 
                product;
                    ``(F) the planning product--
                            ``(i) has a rational basis;
                            ``(ii) is based on reliable and reasonably 
                        current data; and
                            ``(iii) in the case of an analysis, is 
                        based on reasonable and scientifically 
                        acceptable methodologies;
                    ``(G) the planning product is documented in 
                sufficient detail to support the decision or results of 
                the analysis and to meet any requirements for use of 
                the information in the environmental review process; 
                and
                    ``(H) the planning product is appropriate for 
                adoption and use in the environmental review process 
                for the project or program.
            ``(4) Effect of adoption.--
                    ``(A) In general.--Notwithstanding any other law, 
                any planning product adopted by the Secretary of 
                Transportation under this section shall not be 
                reconsidered or subject to additional interagency 
                consultation while the environmental review process for 
                a project or program is being carried out unless the 
                Secretary of Transportation, in consultation with 
                applicable lead agencies and project sponsors, 
                determines that there is significant new information or 
                new circumstances that affect the continued validity or 
                appropriateness of the adopted planning product.
                    ``(B) Transferability.--A planning product adopted 
                by the Secretary of Transportation under this section 
                may be relied on and used by other Federal agencies in 
                carrying out an environmental review of a project or 
                program.
    ``(d) Administration.--
            ``(1) In general.--The authority granted under this section 
        shall be broadly construed and may be applied to any project, 
        class of projects, or program carried out under this title.
            ``(2) Applicability.--
                    ``(A) In general.--The environmental review process 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) shall not apply to any 
                transportation planning process carried out under this 
                title.
                    ``(B) Scope.--If an environmental review process is 
                commenced as a part of, or concurrently with, a 
                transportation planning activity under this title, the 
                project shall remain exempt from the applicable 
                provisions of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``Sec. 167. Integration of planning and environmental review''.

SEC. 135. NATIONAL ENVIRONMENTAL POLICY ACT PROCESS REFORMS.

    Section 139 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``or chapter 53 
                of title 49'';
                    (B) in paragraph (6), by striking ``, public 
                transportation capital project,'';
            (2) in subsection (c)(3), by striking ``or chapter 53 of 
        title 49'';
            (3) by redesignating subsections (f), (g), (h), (i), (j), 
        (k), and (l) as subsections (g), (h), (i), (k), (l), (m), and 
        (n), respectively;
            (4) by inserting after subsection (e) the following:
    ``(f) Scoping.--
            ``(1) In general.--The lead agency shall limit the scope of 
        documents prepared under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) to the relevant and important 
        environmental issues directly relating to decisions with 
        respect to the proposed action.
            ``(2) Decision.--The Secretary shall determine the relevant 
        and important issues described in paragraph (1) to be analyzed 
        after considering information in the scoping process.
            ``(3) Reconsideration.--The determination of the Secretary 
        regarding the relevant and important issues to be analyzed is 
        subject to reconsideration only if significant new 
        circumstances or information arise that bear on the proposal or 
        the impacts of the proposal.'';
            (5) in subsection (g)(4) (as redesignated by paragraph 
        (3))--
                    (A) in subparagraph (B)--
                            (i) by striking ``Following participation'' 
                        and inserting the following:
                            ``(i) In general.--Following 
                        participation''; and
                            (ii) by adding at the end the following:
                            ``(ii) Basis for selection.--The selection 
                        of reasonable alternatives shall be based 
                        upon--
                                    ``(I) the likely ability of the 
                                alternatives to satisfy the 
                                transportation elements of the purpose 
                                and need for the project;
                                    ``(II) the likely requirements of 
                                other Federal environmental statutes;
                                    ``(III) costs;
                                    ``(IV) the needs of affected local 
                                governments;
                                    ``(V) whether the alternative is 
                                substantially similar to other 
                                alternatives selected for detailed 
                                study; and
                                    ``(VI) other circumstances, 
                                discussed in the scoping process, that 
                                the lead agency determines to be 
                                relevant to the particular project, on 
                                the condition that, after the Secretary 
                                makes the determination under 
                                subsection (f) relating to scoping, 
                                additional reasonable alternatives may 
                                be selected for analysis only if the 
                                lead agency determines that significant 
                                new information justifies expansion of 
                                the range of reasonable alternatives 
                                selected for analysis.'';
                    (B) in subparagraph (C)--
                            (i) by striking ``The lead agency'' and 
                        inserting the following:
                            ``(i) In general.--The lead agency'';
                            (ii) in clause (i) (as designated by clause 
                        (i)), by striking ``at appropriate times during 
                        the study process'' and inserting ``during 
                        scoping or at such other time during project 
                        development as the lead agency determines to be 
                        appropriate,''; and
                            (iii) by adding at the end the following:
                            ``(ii) Reconsideration.--A decision 
                        described in clause (i) may be reconsidered at 
                        any time the lead agency determines the 
                        reconsideration to be appropriate.''; and
                    (C) in subparagraph (D), by striking ``At the 
                discretion of the lead agency'' and inserting the 
                following:
                            ``(i) In general.--A preferred alternative 
                        may be identified at any time after initiation 
                        of the scoping process.
                            ``(ii) Identification of preferred 
                        alternative.--The draft environmental impact 
                        statement shall identify the preferred 
                        alternative, if any, for a project.
                            ``(iii) Further development.--At the 
                        discretion of the lead agency'';
            (6) in subsection (h) (as so redesignated)--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraph (4) as paragraph 
                (3);
            (7) in subsection (i) (as so redesignated), by striking 
        paragraph (4) and inserting the following:
            ``(4) Issue resolution.--
                    ``(A) Meeting of participating agencies.--
                            ``(i) In general.--On the request of a 
                        Federal agency of jurisdiction, project 
                        sponsor, or the Governor of a State in which 
                        the project is located, the lead agency shall 
                        promptly convene a meeting with the relevant 
                        participating agencies, the project sponsor, 
                        and the Governor (if the meeting is requested 
                        by the Governor) to resolve issues that could 
                        delay completion of the environmental review 
                        process or could result in denial of any 
                        approvals required for the project under 
                        applicable laws, including issue resolution 
                        relating to applications for project permits, 
                        licenses, or other approvals referred to in 
                        paragraph (5).
                            ``(ii) Meetings convened by lead agency.--
                        The lead agency may convene an issue resolution 
                        meeting under this subsection with the 
                        participating agencies and project sponsor at 
                        any time the lead agency determines a meeting 
                        to be appropriate.
                            ``(iii) Timing.--A meeting convened under 
                        this subsection at the request of a Federal 
                        agency of jurisdiction, the project sponsor, or 
                        the Governor shall be held not later than 14 
                        days after the date of receipt of the request 
                        unless the lead agency determines there is just 
                        cause to extend the time period for a meeting.
                    ``(B) Elevation if resolution is not achieved.--
                            ``(i) In general.--If a resolution is not 
                        achieved by the date that is 30 days after the 
                        later of the date of a meeting described in 
                        subparagraph (A) and the date of a 
                        determination by the lead agency that all 
                        information necessary to resolve the issue has 
                        been obtained, the Secretary--
                                    ``(I) may convene an issue 
                                resolution meeting of the lead agency, 
                                the heads of the relevant participating 
                                agencies, the project sponsor, and the 
                                Governor (if the initial issue 
                                resolution meeting is requested by the 
                                Governor) to resolve the issues; and
                                    ``(II) in the case of a Federal 
                                agency of jurisdiction that has not 
                                made a decision within the time period 
                                described in subsection (h)(3)(A), 
                                shall convene an issue resolution 
                                meeting to resolve the issues.
                            ``(ii) Timing.--A meeting convened by the 
                        Secretary under this subparagraph shall be held 
                        not later than 30 days after the end of the 30-
                        day period described in clause (i) for 
                        resolution of issues following the date of a 
                        meeting described in subparagraph (A).
                            ``(iii) Notification.--The Secretary shall 
                        notify the Committee on Environment and Public 
                        Works of the Senate, the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives, and the Council on 
                        Environmental Quality that a meeting is to be 
                        convened under this paragraph.
            ``(5) Deadlines for decisions under other laws.--
        Notwithstanding any other provision of law (including a 
        regulation)--
                    ``(A) subject to subparagraph (B), a decision 
                relating to a transportation project under any Federal 
                law (including a regulation and any issuance or denial 
                of a permit, license, or other approval) shall be made 
                by the Federal agency of jurisdiction by the later of--
                            ``(i) the date that is 180 days after the 
                        date on which the Federal lead agency issues a 
                        decision on the project under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) and (if applicable) section 138 
                        of this title; and
                            ``(ii) the date that is 180 days after the 
                        date on which an application is submitted for 
                        the permit, license, or approval;
                    ``(B) the Secretary may extend the time for a 
                decision under subparagraph (A) for just cause;
                    ``(C) the application for a project permit, 
                license, or other approval shall be approved by 
                operation of law without further action by the Federal 
                agency of jurisdiction if--
                            ``(i) within the time for a decision under 
                        subparagraph (A), the Federal agency of 
                        jurisdiction has not issued a final decision or 
                        obtained concurrence to delay decision by the 
                        project sponsor; or
                            ``(ii) the Federal agency has not issued a 
                        final decision within 30 days, or such longer 
                        time as the Secretary may establish for just 
                        cause, after the conclusion of a meeting 
                        convened by the Secretary pursuant to paragraph 
                        (4)(B);
                    ``(D) a permit, license, or other approval approved 
                pursuant to this subsection shall not be subject to 
                judicial review; and
                    ``(E) the Secretary may issue a written finding 
                verifying the approval of an application, as submitted 
                to the Federal agency of jurisdiction, in accordance 
                with this subsection.'';
            (8) by inserting after subsection (i) (as so redesignated) 
        the following:
    ``(j) Consolidated Statements and Decisions.--
            ``(1) In general.--In the event that a preferred 
        alternative is identified in the draft environmental impact 
        statement, and notwithstanding any other provision of law or 
        regulation, the Secretary must, to the maximum extent 
        practicable combine a final environmental impact statement and 
        a record of decision into a single document following any 
        public hearings required by section 128 of this title as long 
        as, at least 30 days prior to the issuance of the combined 
        final environmental impact statement and record of decision, 
        the lead agency gives notice to the agencies participating in 
        the environmental review process and the public of the proposed 
        decision of the lead agency.
            ``(2) Notice content.--The notice described in paragraph 
        (1) shall include--
                    ``(A) a brief summary description of the proposed 
                decision, including the anticipated selected 
                alternative and any mitigation commitments that will be 
                required under the decision; and
                    ``(B) a deadline of not less than 30 days after the 
                date on which the participating agency receives the 
                notice for any predecisional referral under part 1504 
                of title 40, Code of Federal Regulations (or successor 
                regulations).
            ``(3) Manner of notice.--
                    ``(A) In general.--The lead agency may give the 
                required notice to agencies by mail, e-mail, fax, or 
                other commercially acceptable means that permit 
                confirmation of delivery.
                    ``(B) Public notice.--The lead agency may give the 
                required public notice by means of publication of the 
                notice in a newspaper of statewide circulation, in the 
                Federal Register, or by posting the notice on the 
                website of the project.'';
            (9) in subsection (l)(1) (as so redesignated)--
                    (A) by striking ``or chapter 53 of title 49''; and
                    (B) by striking ``or such chapter 53'';
            (10) in subsection (m) (as so redesignated), by striking 
        paragraph (2) and inserting the following:
            ``(2) Relationship to other statutes.--If any provision of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), any regulation promulgated under that Act, or any 
        other Federal environmental statute, conflicts with this 
        section, the procedures in this section shall take 
        precedence.''; and
            (11) in subsection (n)(1) (as so redesignated), by striking 
        ``or public transportation capital''.

SEC. 136. CLARIFIED ELIGIBILITY FOR EARLY ACQUISITION ACTIVITIES PRIOR 
              TO COMPLETION OF ENVIRONMENTAL REVIEW PROCESS.

    (a) Acquisition of Real Property.--Notwithstanding any other 
provision of law, the acquisition of real property in anticipation of a 
federally assisted or federally approved surface transportation project 
that may use the real property is not prohibited prior to the date on 
which the environmental review process under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the surface 
transportation project is completed, subject to the conditions that the 
acquisition does not have an adverse environmental effect or limit the 
choice of reasonable alternatives for the proposed project.
    (b) Early Acquisition of Real Property Interests for Highways.--
Section 108 of title 23, United States Code, is amended--
            (1) in the section heading, by inserting ``interests'' 
        after ``real property'';
            (2) in subsection (a), by inserting ``interests'' after 
        ``real property'' each place it appears;
            (3) in subsection (b), by striking ``rights-of-way'' and 
        inserting ``real property interests'';
            (4) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Rights-of-way'' and inserting ``Real Property 
                Interests'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``at any time'' after ``may 
                        be used''; and
                            (ii) in subparagraph (A)--
                                    (I) by striking ``acquisition of 
                                rights-of-way'' and inserting 
                                ``acquisition of real property 
                                interests''; and
                                    (II) by striking ``, if the rights-
                                of-way are subsequently incorporated 
                                into a project eligible for surface 
                                transportation program funds''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Terms and conditions.--
                    ``(A) In general.--Subject to the other provisions 
                in this section, a public authority may acquire real 
                property that may be used for a project prior to the 
                date on which the environmental review process under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for the project is completed.
                    ``(B) Conditions.--An acquisition described in 
                subparagraph (A) may be authorized by project agreement 
                and shall be eligible for Federal-aid reimbursement as 
                a project expense if the Secretary finds that the 
                acquisition--
                            ``(i) does not cause any significant 
                        adverse environmental impact;
                            ``(ii) does not limit the choice of 
                        reasonable alternatives for the project or 
                        otherwise influence the decision of the 
                        Secretary on any approval required for the 
                        project;
                            ``(iii) is consistent with the State 
                        transportation planning process under section 
                        135;
                            ``(iv) complies with other applicable 
                        Federal laws (including regulations);
                            ``(v) is carried out through negotiation, 
                        without the threat of condemnation; and
                            ``(vi) together with any relocation 
                        assistance provided, complies with--
                                    ``(I) the Uniform Relocation 
                                Assistance and Real Property 
                                Acquisition Policies Act of 1970 (42 
                                U.S.C. 4601 et seq.); and
                                    ``(II) title VI of the Civil Rights 
                                Act of 1964 (42 U.S.C. 2000d et seq.).
                    ``(C) Development.--Real property acquired under 
                this subsection may not be developed in anticipation of 
                the project until the date on which all required 
                environmental reviews for the project have been 
                completed.
                    ``(D) Reimbursement.--If Federal-aid reimbursement 
                is made for early acquired real property under this 
                subsection and the property is not incorporated into a 
                project eligible for surface transportation funds in 
                the time period described in subsection (a)(2), the 
                Secretary shall offset the amount so reimbursed against 
                funds apportioned to the State.
                    ``(E) Other conditions.--The Secretary may 
                establish such other conditions or restrictions on the 
                acquisition of real property under this section as the 
                Secretary determines to be necessary.''.

SEC. 137. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

    (a) In General.--Section 327 of title 23, United States Code, is 
amended--
            (1) in the section heading, by striking ``pilot''; and
            (2) by striking ``pilot'' each place it appears.
    (b) Establishment.--Section 327(a)(2) of title 23, United States 
Code, is amended--
            (1) in subparagraph (B), by striking clause (ii) and 
        inserting the following:
                            ``(ii) the Secretary may not assign any 
                        responsibility imposed on the Secretary by 
                        section 134 or 135;''; and
            (2) by adding at the end the following:
                    ``(F) Sovereign immunity.--By executing an 
                agreement with the Secretary and assuming the 
                responsibilities of the Secretary under this section, a 
                State--
                            ``(i) waives the sovereign immunity of the 
                        State under the Eleventh Amendment of the 
                        Constitution of the United States from any 
                        civil action brought in a Federal court; and
                            ``(ii) expressly consents to accept the 
                        jurisdiction of the Federal courts with respect 
                        to any action relating to the compliance, 
                        discharge, and enforcement of any 
                        responsibility of the Secretary that the State 
                        assumes.''.
    (c) State Participation.--Section 327(b) of title 23, United States 
Code, is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2) through (5) as 
        paragraphs (1) through (4), respectively; and
            (3) in paragraph (3)(A) (as redesignated by paragraph (2)), 
        by striking ``paragraph (2)'' and inserting ``paragraph (1)''.
    (d) Written Agreement.--Section 327(c) of title 23, United States 
Code, is amended--
            (1) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (2) by adding at the end the following:
            ``(4) require the State to provide to the Secretary any 
        information the Secretary determines to be necessary to ensure 
        that the State is adequately carrying out the responsibilities 
        assigned to the State, including periodic written reports; and
            ``(5) require the Secretary--
                    ``(A) after a period of 5 years, to evaluate the 
                ability of the State to carry out the responsibilities 
                assumed under this section;
                    ``(B) if the Secretary determines that the State is 
                not ready to effectively carry out the responsibilities 
                the State has assumed, to reevaluate the readiness of 
                the State by not later than 3 years after the initial 
                evaluation under subparagraph (A) and every 3 years 
                thereafter, until the Secretary determines that the 
                State is ready to assume those responsibilities on a 
                permanent basis; and
                    ``(C) after the Secretary has determined under 
                subparagraph (A) or (B) that the State is ready to 
                permanently assume the responsibilities under this 
                section, to notify the State--
                            ``(i) of that determination; and
                            ``(ii) that no further evaluations shall be 
                        required.''.
    (e) Audits.--Section 327 of title 23, United States Code is 
amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsections (h) and (i) as (g) and 
        (h), respectively.
    (f) Termination.--Section 327(h) of title 23, United States Code 
(as redesignated by subsection (e)(2)), is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (1); and
            (3) by inserting after paragraph (1) (as redesignated by 
        paragraph (2)) the following:
            ``(2) Termination by state.--Subject to such terms and 
        conditions as the Secretary may specify, the State may 
        terminate the participation of the State in the program at any 
        time by providing notice of the termination to the Secretary 
        not later than 90 days before the State intends to terminate 
        that participation.''.
    (g) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by striking the item relating to section 
327 and inserting the following:

``327. Surface transportation project delivery program''.

SEC. 138. STATE ASSUMPTION OF RESPONSIBILITIES FOR CATEGORICAL 
              EXCLUSIONS.

    Section 326(a) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(4) State assumption of responsibilities for categorical 
        exclusions.--
                    ``(A) Sovereign immunity.--By executing a 
                memorandum of understanding with the Secretary under 
                subsection (c) and assuming the responsibilities of the 
                Secretary under this section, a State--
                            ``(i) waives the sovereign immunity of the 
                        State under the Eleventh Amendment of the 
                        Constitution of the United States from any 
                        civil action brought in a Federal court; and
                            ``(ii) expressly consents to accept the 
                        jurisdiction of the Federal courts with respect 
                        to any action relating to the compliance, 
                        discharge, and enforcement of any 
                        responsibility of the Secretary that the State 
                        assumes.
                    ``(B) Termination by state.--Subject to such terms 
                and conditions as the Secretary may specify, the State 
                may terminate the participation of the State in the 
                program at any time by providing notice of the 
                termination to the Secretary not later than 90 days 
                before the State intends to terminate that 
                participation.''.

SEC. 139. EMERGENCY WAIVER.

    Any road, highway, or bridge that is in operation for fewer than 30 
years or that is under construction, and that is damaged by major 
disaster or emergency declared by the Governor of the State and 
concurred in by the Secretary, or declared by the President pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121)--
            (1) may be reconstructed in the same location with the same 
        capacity, dimensions, and design as before the disaster or 
        emergency; and
            (2) shall be exempt from any environmental reviews, 
        approvals, licensing, and permit requirements under--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Wild and Scenic Rivers Act (16 U.S.C. 1271 
                et seq.);
                    (E) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.), except when the reconstruction occurs in 
                designated critical habitat for threatened and 
                endangered species;
                    (F) sections 402 and 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1342, 1344);
                    (G) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (H) Executive Order 11990 (42 U.S.C. 4321 note; 
                relating to the protection of wetland); and
                    (I) any Federal law (including regulations) 
                requiring no net loss of wetland.

SEC. 140. CEMENT SECTOR REGULATORY RELIEF.

    (a) Establishment of Standards.--In lieu of the rules specified in 
subsection (b), and notwithstanding the date by which those rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (referred to in this section as the 
``Administrator'') shall--
            (1) propose regulations for the Portland cement 
        manufacturing industry and Portland cement plants that are 
        subject to any of the rules specified in subsection (b) that--
                    (A) establish maximum achievable control technology 
                standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identify nonhazardous secondary materials that, 
                when used as fuels in combustion units of that industry 
                and those plants, qualify as solid waste under the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for 
                purposes of determining the extent to which the 
                combustion units are required to meet the emission 
                standards under section 112 or 129 of the Clean Air Act 
                (42 U.S.C. 7412, 7429); and
            (2) promulgate final versions of those regulations by not 
        later than--
                    (A) the date that is 15 months after the date of 
                enactment of this Act; or
                    (B) such later date as may be determined by the 
                Administrator.
    (b) Stay of Earlier Rules.--
            (1) Portland-specific rules.--The final rule entitled 
        ``National Emission Standards for Hazardous Air Pollutants from 
        the Portland Cement Manufacturing Industry and Standards of 
        Performance for Portland Cement Plants'' (75 Fed. Reg. 54970 
        (September 9, 2010)) shall be--
                    (A) of no force or effect;
                    (B) treated as though the rule had never taken 
                effect; and
                    (C) replaced in accordance with subsection (a).
            (2) Other rules.--
                    (A) In general.--The final rules described in 
                subparagraph (B), to the extent that those rules apply 
                to the Portland cement manufacturing industry and 
                Portland cement plants shall be--
                            (i) of no force or effect;
                            (ii) treated as though the rules had never 
                        taken effect; and
                            (iii) replaced in accordance with 
                        subsection (a).
                    (B) Description of rules.--The final rules 
                described in this subparagraph are--
                            (i) the final rule entitled ``Standards of 
                        Performance for New Stationary Sources and 
                        Emission Guidelines for Existing Sources: 
                        Commercial and Industrial Solid Waste 
                        Incineration Units'' (76 Fed. Reg. 15704 (March 
                        21, 2011)); and
                            (ii) the final rule entitled 
                        ``Identification of Non-Hazardous Secondary 
                        Materials That Are Solid Waste'' (76 Fed. Reg. 
                        15456 (March 21, 2011)).
    (c) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to subsection (a), the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under the regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for that compliance, shall take 
        into consideration--
                    (A) the costs of achieving emission reductions;
                    (B) any nonair quality health and environmental 
                impacts and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time necessary--
                            (i) to obtain necessary permit approvals; 
                        and
                            (ii) to procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Administrator; and
                    (E) potential net employment impacts.
    (d) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to subsection (a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying--
            (1) the definition of the term ``new source'' under section 
        112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or
            (2) the definition of the term ``new solid waste 
        incineration unit'' under section 129(g)(2) of that Act (42 
        U.S.C. 7429(g)(2)).
    (e) Rule of Construction.--Nothing in this section restricts or 
otherwise affects paragraphs (3)(B) and (4) of section 112(i) of the 
Clean Air Act (42 U.S.C. 7412(i)).
    (f) Energy Recovery and Conservation.--Notwithstanding any other 
provision of law, and to ensure the recovery and conservation of energy 
consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
in promulgating regulations under subsection (a) addressing the subject 
matter of the rules specified in subsection (b)(2), the Administrator 
shall--
            (1) adopt the definitions of the terms ``commercial and 
        industrial solid waste incineration unit'', ``commercial and 
        industrial waste'', and ``contained gaseous material'' in the 
        rule entitled ``Standards for Performance of New Stationary 
        Sources and Emission Guidelines for Existing Sources: 
        Commercial and Industrial Solid Waste Incineration Units'' (65 
        Fed. Reg. 75338 (December 1, 2000)); and
            (2) identify nonhazardous secondary material to be solid 
        waste (as defined in section 1004 of the Solid Waste Disposal 
        Act (42 U.S.C. 6903)) only if--
                    (A) the material meets that definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, the material meets 
                that definition of contained gaseous material.
    (g) Establishment of Standards Achievable in Practice.--In 
promulgating regulations under subsection (a), the Administrator shall 
ensure, to the maximum extent practicable, that emission standards for 
existing and new sources established under section 112 or 129 of the 
Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under 
actual operating conditions consistently and concurrently with emission 
standards for all other air pollutants covered by regulations 
applicable to the source category, taking into account--
            (1) variability in actual source performance;
            (2) source design;
            (3) fuels;
            (4) inputs;
            (5) controls;
            (6) ability to measure the pollutant emissions; and
            (7) operating conditions.
    (h) Regulatory Alternatives.--For each regulation promulgated under 
subsection (a), from among the range of regulatory alternatives 
authorized under the Clean Air Act (42 U.S.C. 7401 et seq.), including 
work practice standards under section 112(h) of that Act (42 U.S.C. 
7412(h)), the Administrator shall impose the least burdensome, 
consistent with the purposes of that Act and Executive Order 13563 (76 
Fed. Reg. 3821 (January 21, 2011)).

                    TITLE II--PUBLIC TRANSPORTATION

SEC. 201. PUBLIC TRANSPORTATION.

    (a) Extension for Public Transportation.--Except as otherwise 
provided in this section, requirements, authorities, conditions, 
eligibilities, limitations, and other provisions authorized under title 
III of the SAFETEA-LU (Public Law 109-59; 119 Stat. 2022), title III of 
the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2087), title III of the Transportation Equity 
Act for the 21st Century (Public Law 105-178; 112 Stat. 338), and 
chapter 53 of title 49, United States Code, which would otherwise 
expire on or cease to apply after March 31, 2012, are incorporated by 
reference and shall continue in effect until September 30, 2013.
    (b) Authorization of Appropriations.--
            (1) Mass transit account.--There shall be available from 
        the Mass Transit Account of the Highway Trust Fund for each of 
        fiscal years 2012 and 2013, an amount equal to the total amount 
        authorized to be appropriated out of the Mass Transit Account 
        of the Highway Trust Fund for programs, projects, and 
        activities for fiscal year 2011 under the SAFETEA-LU (Public 
        Law 109-59) and under chapter 53 of title 49, United States 
        Code.
            (2) General fund.--There is authorized to be appropriated 
        from the General Fund of the Treasury for each of fiscal years 
        2012 and 2013, an amount equal to the total amount authorized 
        to be appropriated from the General Fund of the Treasury for 
        programs, projects, and activities for fiscal year 2011 under 
        the SAFETEA-LU (Public Law 109-59) and under chapter 53 of 
        title 49, United States Code.
    (c) Contract Authority.--Funds made available under this section 
from the Mass Transit Account of the Highway Trust Fund shall be 
available for obligation in the same manner as provided for under 
section 5338(f)(1) of title 49, United States Code.
    (d) Use of Funds.--Funds authorized to be appropriated or made 
available for obligation and expended under this section shall be 
distributed, administered, limited, and made available for obligation 
in the same manner and at the same rate as funds authorized to be 
appropriated or made available for fiscal year 2011 to carry out 
programs, projects, activities, eligibilities, and requirements under 
the SAFETEA-LU (Public Law 109-59), title III of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 
2087), title III of the Transportation Equity Act for the 21st Century 
(Public Law 105-178; 112 Stat. 338), and chapter 53 of title 49, United 
States Code, including section 5338(f)(1) of such title 49.
    (e) Distribution of Funds Under Title III of SAFETEA-LU.--Funds 
authorized to be appropriated or made available for programs continued 
under this section shall be distributed to those programs in the same 
proportion as funds were allocated for those programs for fiscal year 
2011, except that any designations for specific activities in sections 
3044 and 3046 of the SAFETEA-LU shall not be required to be continued.
    (f) Disadvantaged Business Enterprises.--Section 1101(b) of the 
SAFETEA-LU (23 U.S.C. 101 note) shall apply with respect to any program 
under title III of the SAFETEA-LU (Public Law 109-59) or chapter 53 of 
title 49, United States Code, that receives funds authorized to be 
appropriated or made available for obligation and expended under this 
section.
    (g) Obligation Ceiling.--Section 3040 of the SAFETEA-LU (Public Law 
109-59; 119 Stat. 1639) is amended by striking paragraph (8) and 
inserting the following
            ``(8) for each of fiscal years 2012 and 2013, an amount 
        equal to $10,507,752,000, of which not more than $8,360,565,000 
        shall be from the Mass Transit Account.''.

        TITLE III--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

SEC. 301. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              HIGHWAY SAFETY PROGRAMS.

    (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $117,500,000 
for the period beginning on October 1, 2011, and ending on March 31, 
2012.'' and inserting ``$235,000,000 for fiscal year 2012, and 
$235,000,000 for fiscal year 2013.''.
    (b) Highway Safety Research and Development.--Section 2001(a)(2) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $54,122,000 
for the period beginning on October 1, 2011, and ending on March 31, 
2012.'' and inserting ``$108,244,000 for fiscal year 2012, and 
$108,244,000 for fiscal year 2013.''.
    (c) Occupant Protection Incentive Grants.--
            (1) Extension of program.--Section 405(a) of title 23, 
        United States Code, is amended--
                    (A) in paragraph (3) by striking ``9'' and 
                inserting ``10''; and
                    (B) in paragraph (4)(C) by striking ``fifth through 
                ninth'' and inserting ``fifth through tenth''.
            (2) Authorization of appropriations.--Section 2001(a)(3) of 
        SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
        $12,500,000 for the period beginning on October 1, 2011, and 
        ending on March 31, 2012.'' and inserting ``$25,000,000 for 
        fiscal year 2012, and $25,000,000 for fiscal year 2013.''.
    (d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-
LU (119 Stat. 1519) is amended by striking ``and $24,250,000 for the 
period beginning on October 1, 2011, and ending on March 31, 2012.'' 
and inserting ``$48,500,000 for fiscal year 2012, and $48,500,000 for 
fiscal year 2013.''.
    (e) State Traffic Safety Information System Improvements.--Section 
2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
$17,250,000 for the period beginning on October 1, 2011, and ending on 
March 31, 2012.'' and inserting ``$34,500,000 for fiscal year 2012, and 
$34,500,000 for fiscal year 2013.''.
    (f) Alcohol-Impaired Driving Countermeasures Incentive Grant 
Program.--
            (1) Extension of program.--Section 410 of title 23, United 
        States Code, is amended--
                    (A) in subsection (a)(3)(C), by striking 
                ``eleventh'' and inserting ``12th''; and
                    (B) in subsection (b)(2)(C), by striking ``2012'' 
                and inserting ``2013''.
            (2) Authorization of appropriations.--Section 2001(a)(6) of 
        SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
        $69,500,000 for the period beginning on October 1, 2011, and 
        ending on March 31, 2012.'' and inserting ``$139,000,000 for 
        fiscal year 2012, and $139,000,000 for fiscal year 2013.''.
    (g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU 
(119 Stat. 1520) is amended by striking ``and $2,058,000 for the period 
beginning on October 1, 2011, and ending on March 31, 2012.'' and 
inserting ``$4,116,000 for fiscal year 2012, and $4,116,000 for fiscal 
year 2013.''.
    (h) High Visibility Enforcement Program.--
            (1) Extension of program.--Section 2009(a) of SAFETEA-LU 
        (23 U.S.C. 402 note) is amended by striking ``2012'' and 
        inserting ``2013''.
            (2) Authorization of appropriations.--Section 2001(a)(8) of 
        SAFETEA-LU (119 Stat. 1520) is amended by striking ``and 
        $14,500,000 for the period beginning on October 1, 2011, and 
        ending on March 31, 2012.'' and inserting ``$29,000,000 for 
        fiscal year 2012, and $29,000,000 for fiscal year 2013.''.
    (i) Motorcyclist Safety.--
            (1) Extension of program.--Section 2010(d)(1)(B) of 
        SAFETEA-LU (23 U.S.C. 402 note) is amended by striking ``sixth, 
        and seventh'' and inserting ``sixth, seventh, and eighth''.
            (2) Authorization of appropriations.--Section 2001(a)(9) of 
        SAFETEA-LU (119 Stat. 1520) is amended by striking ``and 
        $3,500,000 for the period beginning on October 1, 2011, and 
        ending on March 31, 2012.'' and inserting ``$7,000,000 for 
        fiscal year 2012, and $7,000,000 for fiscal year 2013.''.
    (j) Child Safety and Child Booster Seat Safety Incentive Grants.--
            (1) Extension of program.--Section 2011(c)(2) of SAFETEA-LU 
        (23 U.S.C. 405 note) is amended by striking ``sixth, and 
        seventh fiscal years'' and inserting ``sixth, seventh, and 
        eighth fiscal years''.
            (2) Authorization of appropriations.--Section 2001(a)(10) 
        of SAFETEA-LU (119 Stat. 1520) is amended by striking ``and 
        $3,500,000 for the period beginning on October 1, 2011, and 
        ending on March 31, 2012.'' and inserting ``$7,000,000 for 
        fiscal year 2012, and $7,000,000 for fiscal year 2013.''.
    (k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU 
(119 Stat. 1520) is amended by striking ``and $12,664,000 for the 
period beginning on October 1, 2011, and ending on March 31, 2012.'' 
and inserting ``$25,328,000 for fiscal year 2012, and $25,328,000 for 
fiscal year 2013.''.
    (l) Applicability of Title 23.--Section 2001(c) of SAFETEA-LU (119 
Stat. 1520) is amended by striking ``2012'' and inserting ``2013''.
    (m) Drug-Impaired Driving Enforcement.--Section 2013(f) of SAFETEA-
LU (23 U.S.C. 403 note) is amended by striking ``2012'' and inserting 
``2013''.
    (n) Older Driver Safety; Law Enforcement Training.--Section 2017 of 
SAFETEA-LU is amended--
            (1) in subsection (a)(1) (119 Stat. 1541), by striking 
        ``2012'' and inserting ``2013''; and
            (2) in subsection (b)(2) (23 U.S.C. 402 note), by striking 
        ``2012'' and inserting ``2013''.

SEC. 302. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
              PROGRAMS.

    (a) Motor Carrier Safety Grants.--Section 31104(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end; and
            (2) by striking paragraph (8) and inserting the following:
            ``(8) $212,000,000 for fiscal year 2012; and
            ``(9) $212,000,000 for fiscal year 2013.''.
    (b) Administrative Expenses.--Section 31104(i)(1) of title 49, 
United States Code, is amended--
            (1) in subparagraph (G), by striking ``and'' at the end; 
        and
            (2) by striking subparagraph (H) and inserting the 
        following:
                    ``(H) $244,144,000 for fiscal year 2012; and
                    ``(I) $244,144,000 for fiscal year 2013.''.
    (c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715) 
is amended--
            (1) in paragraph (1), by striking ``and $15,000,000 for the 
        period beginning on October 1, 2011, and ending on March 31, 
        2012.'' and inserting ``and $30,000,000 for each of fiscal 
        years 2012 and 2013.'';
            (2) in paragraph (2), by striking ``2011 and $16,000,000 
        for the period beginning on October 1, 2011, and ending on 
        March 31, 2012'' and inserting ``2013'';
            (3) in paragraph (3), by striking ``2011 and $2,500,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012'' and inserting ``2013'';
            (4) in paragraph (4), by striking ``2011 and $12,500,000 
        for the period beginning on October 1, 2011, and ending on 
        March 31, 2012'' and inserting ``2013''; and
            (5) in paragraph (5), by striking ``2011 and $1,500,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012'' and inserting ``2013''.
    (d) High-Priority Activities.--Section 31104(k)(2) of title 49, 
United States Code, is amended by striking ``2011 and $7,500,000 for 
the period beginning on October 1, 2011, and ending on March 31, 
2012,'' and inserting ``2013''.
    (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United 
States Code, is amended by striking ``and up to $14,500,000 for the 
period beginning on October 1, 2011, and ending on March 31, 2012,''.
    (f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119 
Stat. 1741) is amended by striking ``fiscal years 2006'' and all that 
follows through ``March 31, 2012,'' and inserting ``fiscal years 2006 
through 2013''.
    (g) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2011 
and $500,000 for the period beginning on October 1, 2011, and ending on 
March 31, 2012,'' and inserting ``2013''.
    (h) Motor Carrier Safety Advisory Committee.--Section 4144(d) of 
SAFETEA-LU (119 Stat. 1748) is amended by striking ``March 31, 2012'' 
and inserting ``September 30, 2013''.
    (i) Working Group for Development of Practices and Procedures To 
Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``March 31, 
2012'' and inserting ``September 30, 2013''.

SEC. 303. ADDITIONAL PROGRAMS.

    (a) Hazardous Materials Research Projects.--Section 7131(c) of 
SAFETEA-LU (119 Stat. 1910) is amended by striking ``2011 and $580,000 
for the period beginning on October 1, 2011, and ending on March 31, 
2012,'' and inserting ``and $1,160,000 for each of fiscal years 2012 
and 2013''.
    (b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended--
            (1) in subsection (a), by striking ``March 31, 2012'' and 
        inserting ``September 30, 2013,''; and
            (2) in the first sentence of subsection (b)(1)(A) by 
        striking ``2011 and for the period beginning on October 1, 
        2011, and ending on March 31, 2012,'' and inserting ``2011, and 
        for each of fiscal years 2012 and 2013,''.

      TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Regulations From the Executive in 
Need of Scrutiny Act of 2011'' or the ``REINS Act''.

SEC. 402. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Section 1 of article I of the United States 
        Constitution grants all legislative powers to Congress.
            (2) Over time, Congress has excessively delegated its 
        constitutional charge while failing to conduct appropriate 
        oversight and retain accountability for the content of the laws 
        it passes.
            (3) By requiring a vote in Congress, this title will result 
        in more carefully drafted and detailed legislation, an improved 
        regulatory process, and a legislative branch that is truly 
        accountable to the people of the United States for the laws 
        imposed upon them.
    (b) Purpose.--The purpose of this title is to increase 
accountability for and transparency in the Federal regulatory process.

SEC. 403. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW 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.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule may take effect, the Federal agency 
promulgating such rule shall submit to each House of the Congress and 
to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
            ``(iv) a list of any other related regulatory actions 
        intended to implement the same statutory provision or 
        regulatory objective as well as the individual and aggregate 
        economic effects of those actions; and
            ``(v) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any;
            ``(ii) the agency's actions pursuant to title 5 of the 
        United States Code, sections 603, 604, 605, 607, and 609;
            ``(iii) the agency's actions pursuant to title 2 of the 
        United States Code, sections 1532, 1533, 1534, and 1535; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include an 
assessment of the agency's compliance with procedural steps required by 
paragraph (1)(B).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for major rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced on or after the date on which 
the report referred to in section 801(a)(1)(A) is received by Congress 
(excluding days either House of Congress is adjourned for more than 3 
days during a session of Congress), the matter after the resolving 
clause of which is as follows: `That Congress approves the rule 
submitted by the _ _ relating to _ _.' (The blank spaces being 
appropriately filled in).
            ``(1) In the House, the majority leader of the House of 
        Representatives (or his designee) and the minority leader of 
        the House of Representatives (or his designee) shall introduce 
        such joint resolution described in subsection (a) (by request), 
        within 3 legislative days after Congress receives the report 
        referred to in section 801(a)(1)(A).
            ``(2) In the Senate, the majority leader of the Senate (or 
        his designee) and the minority leader of the Senate (or his 
        designee) shall introduce such joint resolution described in 
        subsection (a) (by request), within 3 session days after 
        Congress receives the report referred to in section 
        801(a)(1)(A).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction 
under the rules of the House of Representatives or the Senate to report 
a bill to amend the provision of law under which the rule is issued.
    ``(2) For purposes of this section, the term `submission date' 
means the date on which the Congress receives the report submitted 
under section 801(a)(1).
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e)(1) In the House of Representatives, if the committee or 
committees to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 legislative days 
after its introduction, such committee or committees shall be 
automatically discharged from further consideration of the resolution 
and it shall be placed on the appropriate calendar. A vote on final 
passage of the resolution shall be taken on or before the close of the 
15th legislative day after the resolution is reported by the committee 
or committees to which it was referred, or after such committee or 
committees have been discharged from further consideration of the 
resolution.
    ``(2)(A) A motion in the House of Representatives to proceed to the 
consideration of a resolution shall be privileged and not debatable. An 
amendment to the motion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion is agreed to or 
disagreed to.
    ``(B) Debate in the House of Representatives on a resolution shall 
be limited to not more than two hours, which shall be divided equally 
between those favoring and those opposing the resolution. A motion to 
further limit debate shall not be debatable. No amendment to, or motion 
to recommit, the resolution shall be in order. It shall not be in order 
to reconsider the vote by which a resolution is agreed to or disagreed 
to.
    ``(C) Motions to postpone, made in the House of Representatives 
with respect to the consideration of a resolution, and motions to 
proceed to the consideration of other business, shall be decided 
without debate.
    ``(D) All appeals from the decisions of the Chair relating to the 
application of the Rules of the House of Representatives to the 
procedure relating to a resolution shall be decided without debate.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply with respect to a joint resolution 
described in subsection (a) of the House receiving the joint 
resolution--
            ``(1) the procedure in that House shall be the same as if 
        no joint resolution had been received from the other House; but
            ``(2) the vote on final passage shall be on the joint 
        resolution of the other House.
    ``(g) The enactment of a resolution of approval does not serve as a 
grant or modification of statutory authority by Congress for the 
promulgation of a rule, does not extinguish or affect any claim, 
whether substantive or procedural, against any alleged defect in a 
rule, and shall not form part of the record before the court in any 
judicial proceeding concerning a rule.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is 
received by Congress and ending 60 days thereafter (excluding days 
either House of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause of which is 
as follows: `That Congress disapproves the nonmajor rule submitted by 
the _ _ relating to _ _, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term `submission or 
publication date' means the later of the date on which--
            ``(A) the Congress receives the report submitted under 
        section 801(a)(1); or
            ``(B) the nonmajor rule is published in the Federal 
        Register, if so published.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter--
            ``(1) the term `Federal agency'--
                    ``(A) means any agency as that term is defined in 
                section 551(1); and
                    ``(B) includes the Board of Governors of the 
                Federal Reserve System, the Bureau of Consumer 
                Financial Protection, the Commodity Futures Trading 
                Commission, the Federal Deposit Insurance Corporation, 
                the Federal Housing Finance Agency, the Financial 
                Stability Oversight Council, the Office of the 
                Comptroller of the Currency, the Office of Financial 
                Research, the National Credit Union Administration, and 
                the Securities and Exchange Commission;
            ``(2) the term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets;
            ``(3) the term `nonmajor rule' means any rule that is not a 
        major rule; and
            ``(4) the term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefore, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel;
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties; or
                    ``(D) a rule that is promulgated by the Board of 
                Governors of the Federal Reserve System or the Federal 
                Open Market Committee under section 10A, 10B, 13, 13A, 
                or 19 of the Federal Reserve Act, or any of subsections 
                (a) through (f) of section 14 of that Act.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
``Sec. 806. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

                     TITLE V--EPA REGULATORY RELIEF

SEC. 501. SHORT TITLE.

    This title may be cited as the ``EPA Regulatory Relief Act of 
2011''.

SEC. 502. LEGISLATIVE STAY.

    (a) Establishment of Standards.--In place of the rules specified in 
subsection (b), and notwithstanding the date by which such rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (referred to in this title as the 
``Administrator'') shall--
            (1) propose regulations for industrial, commercial, and 
        institutional boilers and process heaters, and commercial and 
        industrial solid waste incinerator units, subject to any of the 
        rules specified in subsection (b)--
                    (A) establishing maximum achievable control 
                technology standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identifying nonhazardous secondary materials 
                that, when used as fuels or ingredients in combustion 
                units of such boilers, process heaters, or incinerator 
                units are solid waste under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.) (commonly known as the 
                ``Resource Conservation and Recovery Act'') for 
                purposes of determining the extent to which such 
                combustion units are required to meet the emissions 
                standards under section 112 of the Clean Air Act (42 
                U.S.C. 7412) or the emission standards under section 
                129 of that Act (42 U.S.C. 7429); and
            (2) finalize the regulations on the date that is 15 months 
        after the date of enactment of this Act, or on such later date 
        as may be determined by the Administrator.
    (b) Stay of Earlier Rules.--The following rules are of no force or 
effect, shall be treated as though the rules had never taken effect, 
and shall be replaced as described in subsection (a):
            (1) The rule entitled ``National Emission Standards for 
        Hazardous Air Pollutants for Major Sources: Industrial, 
        Commercial, and Institutional Boilers and Process Heaters'' (76 
        Fed. Reg. 15608) (March 21, 2011).
            (2) The rule entitled ``National Emission Standards for 
        Hazardous Air Pollutants for Area Sources: Industrial, 
        Commercial, and Institutional Boilers'' (76 Fed. Reg. 15554) 
        (March 21, 2011).
            (3) The rule entitled ``Standards of Performance for New 
        Stationary Sources and Emission Guidelines for Existing 
        Sources: Commercial and Industrial Solid Waste Incineration 
        Units'' (76 Fed. Reg. 15704) (March 21, 2011).
            (4) The rule entitled ``Identification of Non-Hazardous 
        Secondary Materials That Are Solid Waste'' (76 Fed. Reg. 15456) 
        (March 21, 2011).
    (c) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of that section shall not apply prior to 
the effective date of the standard specified in those regulations.

SEC. 503. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 702, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under such regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for such compliance, shall take 
        into consideration--
                    (A) the costs of achieving emissions reductions;
                    (B) any nonair quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time needed--
                            (i) to obtain necessary permit approvals; 
                        and
                            (ii) to procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Environmental Protection Agency; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 702(a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the definition of a 
new source under section 112(a)(4) of that Act (42 U.S.C. 7412(a)(4)) 
or the definition of a new solid waste incineration unit under section 
129(g)(2) of that Act (42 U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this title restricts or 
otherwise affects paragraph (3)(B) or (4) of section 112(i) of the 
Clean Air Act (42 U.S.C. 7412(i)).

SEC. 504. ENERGY RECOVERY AND CONSERVATION.

    (a) In General.--Notwithstanding any other provision of law, to 
ensure the recovery and conservation of energy consistent with the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as 
the ``Resource Conservation and Recovery Act of 1976''), in 
promulgating regulations under section 702(a) that address the subject 
matter of the regulations described in paragraphs (3) and (4) of 
section 702(b), the Administrator shall--
            (1) adopt the definitions of the terms ``commercial and 
        industrial solid waste incineration unit'', ``commercial and 
        industrial waste'', and ``contained gaseous material'' 
        contained in the regulation entitled ``Standards of Performance 
        for New Stationary Sources and Emission Guidelines for Existing 
        Sources: Commercial and Industrial Solid Waste Incineration 
        Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and
            (2) identify nonhazardous secondary material as not to be 
        solid waste for purposes of the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.) if--
                    (A) the material--
                            (i) does not meet the definition of 
                        commercial and industrial waste; and
                            (ii) is on the list published by the 
                        Administrator under subsection (b); or
                    (B) in the case of the material that is a gas, the 
                material does not meet the definition of contained 
                gaseous material.
    (b) List of Nonhazardous Secondary Materials.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall publish a list 
        of nonhazardous secondary materials that are not solid waste 
        when combusted in units designed for energy recovery, 
        including--
                    (A) without limitation, all forms of biomass, 
                including--
                            (i) agricultural and forest-derived 
                        biomass;
                            (ii) biomass crops, vines, and orchard 
                        trees;
                            (iii) bagasse and other crop and tree 
                        residues, including--
                                    (I) hulls and seeds;
                                    (II) spent grains;
                                    (III) byproducts of cotton;
                                    (IV) corn and peanut production;
                                    (V) rice milling and grain elevator 
                                operations;
                                    (VI) cellulosic biofuels; and
                                    (VII) byproducts of ethanol natural 
                                fermentation processes;
                            (iv) hogged fuel, including wood pallets, 
                        sawdust, and wood pellets;
                            (v) wood debris from forests and urban 
                        areas;
                            (vi) resinated wood and other resinated 
                        biomass-derived residuals, including trim, 
                        sanderdust, offcuts, and woodworking residuals;
                            (vii) creosote-treated, borate-treated, 
                        sap-stained, and other treated wood;
                            (viii) residuals from wastewater treatment 
                        by the manufacturing industry, including 
                        process wastewater with significant British 
                        thermal unit (``Btu'') value;
                            (ix) paper and paper or cardboard recycling 
                        residuals, including paper-derived fuel cubes, 
                        paper fines, and paper and cardboard rejects;
                            (x) turpentine, turpentine derivatives, 
                        pine tar, rectified methanol, glycerine, lumber 
                        kiln condensates, and wood char;
                            (xi) tall oil and related soaps;
                            (xii) biogases or bioliquids generated from 
                        biomass materials, wastewater operations, or 
                        landfill operations;
                            (xiii) processed biomass derived from 
                        construction and demolition debris for the 
                        purpose of fuel production; and
                            (xiv) animal manure and bedding material;
                    (B) solid and emulsified paraffin;
                    (C) petroleum and chemical reaction and 
                distillation byproducts and residues, alcohol, ink, and 
                nonhalogenated solvents;
                    (D) tire-derived fuel, including factory scrap tire 
                and related material;
                    (E) foundry sand processed in thermal reclamation 
                units;
                    (F) coal refuse and coal combustion residuals;
                    (G) shredded cloth and carpet scrap;
                    (H) latex paint water, organic printing dyes and 
                inks, recovered paint solids, and nonmetallic paint 
                sludges;
                    (I) nonchlorinated plastics;
                    (J) all used oil that qualifies as recycled oil 
                under section 1004 of the Solid Waste Disposal Act (42 
                U.S.C. 6903);
                    (K) process densified fuels that contain any of the 
                materials described in this paragraph; and
                    (L) any other specific or general categories of 
                material that the Administrator determines the 
                combustion of which is for use as a fuel pursuant to 
                paragraph (2).
            (2) Additions to the list.--
                    (A) In general.--To provide greater regulatory 
                certainty, the Administrator may, after public notice 
                and opportunity to comment, add nonhazardous secondary 
                materials to the list published under paragraph (1)--
                            (i) as the Administrator determines 
                        necessary; or
                            (ii) based on a petition submitted by any 
                        person.
                    (B) Response.--Not later than 120 days after 
                receiving any petition under subparagraph (A)(ii), the 
                Administrator shall respond to the petition.
                    (C) Requirements.--In making a determination under 
                this paragraph, the Administrator may decline to add a 
                material to the list under paragraph (1) if the 
                Administrator determines that regulation under section 
                112 of the Clean Air Act (42 U.S.C. 7412) would not 
                reasonably protect public health with an ample margin 
                of safety.

SEC. 505. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating rules under section 702(a), the Administrator shall ensure 
that emissions standards for existing and new sources established under 
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air pollutants 
regulated by the rule for the source category, taking into account 
variability in actual source performance, source design, fuels, inputs, 
controls, ability to measure the pollutant emissions, and operating 
conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated 
pursuant to section 702(a), from among the range of regulatory 
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et 
seq.) including work practice standards under section 112(h) of that 
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of that Act and Executive 
Order 13563 (76 Fed. Reg. 3821 (January 21, 2011)).

                     TITLE VI--REGULATORY TIME-OUT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Regulatory Time-Out Act of 2011''.

SEC. 602. DEFINITIONS.

    In this title--
            (1) the term ``agency'' has the meaning given that term 
        under section 3502(1) of title 44, United States Code; and
            (2) the term ``covered regulation'' means a final 
        regulation that--
                    (A) directly or indirectly increases costs on 
                businesses in a manner which will have an adverse 
                effect on job creation, job retention, productivity, 
                competitiveness, or the efficient functioning of the 
                economy;
                    (B) is likely to--
                            (i) have an annual effect on the economy of 
                        $100,000,000 or more;
                            (ii) adversely affect in a material way the 
                        economy, a sector of the economy, productivity, 
                        competition, jobs, the environment, public 
                        health or safety, or State, local, or tribal 
                        governments or communities;
                            (iii) create a serious inconsistency or 
                        otherwise interfere with an action taken or 
                        planned by another agency;
                            (iv) materially alter the budgetary impact 
                        of entitlements, grants, user fees, or loan 
                        programs or the rights and obligations of 
                        recipients thereof; or
                            (v) raise novel legal or policy issues; and
                    (C) did not take effect before September 1, 2011.

SEC. 603. TIME-OUT PERIOD FOR REGULATIONS.

    (a) Prior Regulations.--A covered regulation that took effect 
before the date of enactment of this Act shall be treated as though 
that regulation never took effect for the 1-year period beginning on 
the date of enactment of this Act.
    (b) Prospective Regulations.--A covered regulation that has not 
taken effect before the date of enactment of this Act, may not take 
effect during the 1-year period beginning on the date of enactment of 
this Act.

SEC. 604. EXEMPTIONS.

    (a) In General.--The head of an agency may exempt a covered 
regulation prescribed by that agency from the application of section 
603, if the head of the agency--
            (1) makes a specific finding that the covered regulation--
                    (A) is necessary due to an imminent threat to human 
                health or safety, or any other emergency;
                    (B) is necessary for the enforcement of a criminal 
                law;
                    (C) has as its principal effect--
                            (i) fostering private sector job creation 
                        and the enhancement of the competitiveness of 
                        workers in the United States;
                            (ii) encouraging economic growth; or
                            (iii) repealing, narrowing, or streamlining 
                        a rule, regulation, or administrative process, 
                        or otherwise reducing regulatory burdens;
                    (D) pertains to a military or foreign affairs 
                function of the United States; or
                    (E) is limited to interpreting, implementing, or 
                administering the Internal Revenue Code of 1986; and
            (2) submits the finding to Congress and publishes the 
        finding in the Federal Register.
    (b) Review.--Not later than 10 days after the date of enactment of 
this Act each agency shall submit any covered regulation that the head 
of the agency determines is exempt under this section to the Office of 
Management and Budget and Congress.
    (c) Nondelegable Authority.--The head of an agency may not delegate 
the authority provided under this section to exempt the application of 
any provision of this title.

   TITLE VII--RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN 
                                REVENUES

SEC. 701. RESCISSION.

    (a) In General.--Notwithstanding any other provision of law, except 
as provided in subsection (c), of all appropriated discretionary funds 
remaining unobligated as of the date of enactment of this Act, 
$40,000,000,000 is rescinded.
    (b) Implementation.--
            (1) In general.--The Director of the Office of Management 
        and Budget shall determine and identify--
                    (A) to which appropriation accounts the rescission 
                under subsection (a) shall apply; and
                    (B) the amount of the rescission that shall apply 
                to each such account.
            (2) Report.--Not later than 60 days after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall submit to Congress and the Secretary of the 
        Treasury a report that describes the accounts and amounts 
        determined and identified for rescission under paragraph (1).
    (c) Exception.--This section shall not apply to the unobligated 
funds of the Department of Defense, the Corps of Engineers, or the 
Department of Veterans Affairs.
                                                       Calendar No. 214

112th CONGRESS

  1st Session

                                S. 1786

_______________________________________________________________________

                                 A BILL

    To facilitate job creation by reducing regulatory uncertainty, 
      providing for rational evaluation of regulations, providing 
 flexibilities to States and localities, providing for infrastructure 
                   spending, and for other purposes.

_______________________________________________________________________

                            November 2, 2011

              Read twice and ordered placed on the calendar
```