duction of oil shale resources as necessary to give incen-
tives for and encourage development of such resources, if 
the Secretary determines that the royalties, fees, rentals, 
bonus bids, and other payments otherwise authorized by 
law are hindering production of such resources. 
Subtitle D—Coal-to-Liquid 
SEC. 151. DEFINITIONS RELATING TO COAL-TO-LIQUID 
FUEL AND FACILITIES. 
For purposes of this subtitle: 
(1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to- 
liquid fuel’’ means any transportation-grade liquid 
fuel derived primarily from coal (including peat). 
(2) QUALIFIED
COAL-TO-LIQUID
FACILITY.— 
The term ‘‘qualified coal-to-liquid facility’’ means a 
manufacturing facility that has the capacity to 
produce at least 10,000 barrels per day of coal-to- 
liquid fuel from a feedstock that is primarily domes-
tic coal (including peat and any property which al-
lows for the capture, transportation, or sequestration 
of byproducts resulting from such process, including 
carbon emissions). 
SEC. 152. REPEAL. 
Section 526 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17142) is repealed. 
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Subtitle E—Nuclear 
SEC. 161. FINDINGS AND POLICY. 
(a) FINDINGS.—The Congress finds that— 
(1) nuclear power is a safe, reliable, efficient, 
and affordable source of energy; 
(2) there are 104 nuclear reactors currently op-
erating in the United States, providing 20 percent of 
the electricity of the United States, slightly less than 
the electricity generated by natural gas; 
(3) nuclear power plants virtually eliminate 
emissions of greenhouse gases and criteria pollutants 
associated with acid rain, smog, or ozone; 
(4) long lead times for nuclear power plant li-
censing, permitting, and construction indicate that 
action to stimulate the nuclear power industry 
should not be delayed; 
(5) there are 17 combined operating license ap-
plications currently pending before the Nuclear Reg-
ulatory Commission for 26 new reactors in the 
United States, with 4 applications inactive due to 
regulatory uncertainty; 
(6) increasing nuclear power threefold will cre-
ate 480,000 construction jobs, 140,000 permanent 
jobs, and $20,000,000,000 in local, State, and Fed-
eral tax revenue each year; 
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(7) increasing nuclear power threefold will 
produce 320 gigawatts of electricity to power 
237,000,000 households and constitute 52 percent of 
the United States electricity portfolio by 2030; 
(8) the Nuclear Waste Policy Act of 1982 re-
quires the Federal Government to take ownership of 
high-level radioactive waste and spent nuclear fuel 
and build a permanent geologic repository in which 
to store this waste; 
(9) the Nuclear Waste Policy Act of 1982, as 
amended in 1987, selected the Yucca Mountain site 
to be the sole geologic repository in which to store 
high-level radioactive waste and spent nuclear fuel; 
(10) the Congress reaffirmed Yucca Mountain 
as the sole candidate site for a geologic repository in 
2001; 
(11) despite the foregoing laws, the Government 
has failed to accept high-level radioactive waste and 
spent nuclear fuel from utilities and has delayed 
construction of the Yucca Mountain repository; and 
(12) the failure of the Federal Government to 
accept high-level radioactive waste and spent nuclear 
fuel from utilities is a significant barrier to the fu-
ture development of additional nuclear power. 
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(b) STATEMENT OF POLICY.—It is the policy of the 
United States, given the importance of making a transi-
tion to a clean energy, low-carbon economy, to facilitate 
the continued development and growth of a safe and clean 
nuclear energy industry through reductions in financial, 
regulatory, and technical barriers to construction and op-
eration. 
SEC. 162. 200 OPERATING PERMITS BY 2040. 
Subject to the requirements of this subtitle and in 
accordance with existing law, the Nuclear Regulatory 
Commission shall issue operating permits for 200 new 
commercial nuclear reactors, enough to triple current 
megawatt capacity, by 2040, if there are a sufficient num-
ber of qualified applicants. 
SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE 
WASTE MANAGEMENT. 
Section 304 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10224) is repealed. 
SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY. 
(a) REPOSITORY REQUIRED.—The Federal Govern-
ment shall site and permit at least one radiological mate-
rial geologic repository for the disposal of radiological ma-
terial. 
(b) YUCCA MOUNTAIN.— 
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(1) IN GENERAL.—The repository site at Yucca 
Mountain shall remain the site for the Nation’s radi-
ological material repository unless it is determined 
unsuitable, based on technical and scientific analysis, 
by the Nuclear Regulatory Commission following full 
statutory review of the Department of Energy’s li-
cense application to construct the Yucca Mountain 
repository. 
(2) APPLICATION.—The Nuclear Regulatory 
Commission shall continue to review the Department 
of Energy’s pending license application to construct 
the repository at Yucca Mountain until a determina-
tion is made on the merits of the application. 
(3) DEADLINES.— 
(A) SUITABILITY
DETERMINATION.—Not 
later than 90 days after the enactment of this 
Act, the Nuclear Regulatory Commission shall 
make a determination regarding the suitability 
of Yucca Mountain under paragraph (1). 
(B) ACTION ON APPLICATION.—Not later 
than 180 days after the enactment of this Act, 
the Nuclear Regulatory Commission shall ap-
prove or deny the application under paragraph 
(2). 
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(4) LIMITATIONS
ON
AMOUNT
OF
RADIO-
LOGICAL
MATERIAL.—All statutory limitations on 
the amount of radiological material that can be 
placed in Yucca Mountain are hereby removed and 
shall be replaced by the Nuclear Regulatory Com-
mission with new limits based on scientific and tech-
nical analysis of the full capacity of Yucca Mountain 
for the storage of radiological material. 
(c) ALTERNATIVE REPOSITORY.— 
(1) IN GENERAL.—Should the Nuclear Regu-
latory Commission determine under subsection (b) 
that Yucca Mountain is not a suitable location to 
place a radiological material repository, the Sec-
retary shall be responsible for, not later than 1 year 
after the date on which such determination is made, 
locating and submitting an application for an alter-
native geologic repository that provides at least 
120,000 tons of storage capacity. 
(2) ACTION ON APPLICATION.—Not later than 
2 years after the date on which an application is 
submitted under paragraph (1) or (3), the Nuclear 
Regulatory Commission shall approve or deny such 
application. 
(3) FURTHER APPLICATION SUBMISSIONS.—If 
an application is denied under paragraph (2), the 
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Secretary shall submit a new application in accord-
ance with paragraph (1) not later than 1 year after 
the date of such denial. 
(4) REQUIREMENTS.—For the purposes of this 
subtitle and the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10101 et seq.), an alternative repository 
permitted under this subsection shall be subject to 
the same requirements as Yucca Mountain. 
SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MAN-
AGEMENT. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to Congress a report regarding the following: 
(1) The feasibility of establishing an inde-
pendent radiological material management program 
that would meet the guidelines in subsection (b). 
(2) Legislative and regulatory action necessary 
to phase out the fee structure contained in section 
302 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222) in order to allow a fee structure de-
scribed in subsection (b)(5)(F) to be implemented if 
a program meeting the guidelines in subsection (b) 
is established. 
(b) GUIDELINES.— 
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(1) IN
GENERAL.—Under a program estab-
lished in accordance with this subsection, the Sec-
retary may award a contract, based on a competitive 
bidding process, to an eligible entity to manage the 
Nation’s activities related to one or more radiological 
material repositories. 
(2) ELIGIBLE
ENTITY.—For the purposes of 
this subsection, the term ‘‘eligible entity’’ means a 
non-Federal organization that demonstrates the abil-
ity to meet the requirements of a program estab-
lished in accordance with this subsection. 
(3) APPLICATION
CONTENTS.—The Secretary 
may require an eligible entity seeking to be awarded 
a contract under a program established in accord-
ance with this subsection to submit to the Secretary 
an application containing the following: 
(A) A complete description of the fee 
structure the eligible entity will use to fund the 
maintenance and operation of repositories, in 
accordance with paragraph (5)(F). 
(B) Such other materials as the Secretary 
may require. 
(4) TRANSFER
OF
CONTROL.—The Secretary 
may transfer to an eligible entity awarded a contract 
under a program established in accordance with this 
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subsection control and ownership of all Nuclear Reg-
ulatory Commission-issued licenses, allowances, and 
responsibilities necessary for the operation of the nu-
clear materials repository at Yucca Mountain. 
(5) RESPONSIBILITIES.—The Secretary may re-
quire an eligible entity awarded a contract under a 
program established in accordance with this sub-
section to be responsible for the following: 
(A) Providing technical and other informa-
tion to the Nuclear Regulatory Commission as 
it reviews the Department of Energy’s permit 
application for the Yucca Mountain repository. 
(B) Seeking all other necessary regulatory 
approvals and permits to construct and operate 
the Yucca Mountain repository. 
(C) Managing construction of one or more 
radiological material repositories upon Nuclear 
Regulatory Commission approval, including con-
ducting all necessary design and engineering 
work to support construction of the repository. 
(D) Radiological material repository oper-
ations. 
(E) Undertaking all infrastructure activi-
ties necessary to support the construction or 
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operation of the repository or transportation to 
the site of radiological material, including— 
(i) safety upgrades; 
(ii) site preparation; 
(iii) construction of a rail line to con-
nect the repository site with the national 
rail network, including any facilities to fa-
cilitate rail operations; and 
(iv) construction, upgrade, acquisition, 
or operation of electrical grids or facilities, 
other utilities, communication facilities, ac-
cess roads, rail lines, and nonnuclear sup-
port facilities. 
(F) Creating a fee structure for the geo-
logic storage of radiological material. The fees 
may not exceed the amount necessary to main-
tain and operate repositories and shall be the 
primary mechanism for accessing repositories, 
and in setting the fees the eligible entity shall 
take into consideration multiple variables, in-
cluding— 
(i) volume; 
(ii) toxicity; 
(iii) heat load; and 
(iv) repository operation costs. 
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(c) CONGRESSIONAL AUTHORIZATION REQUIRED.— 
The Secretary may not establish an independent radio-
logical material management program under this section 
unless authorized by a law enacted after the date of enact-
ment of this Act. 
SEC. 166. SPENT NUCLEAR FUEL RECYCLING. 
(a) PROHIBITION.—The President is prohibited from 
blocking or hindering spent nuclear fuel recycling activi-
ties. 
(b) RULEMAKING FOR LICENSING OF SPENT NU-
CLEAR FUEL RECYCLING FACILITIES.—Not later than 2 
years after the date of enactment of this Act, the Chair-
man of the Nuclear Regulatory Commission shall complete 
a rulemaking establishing a process for the licensing by 
the Nuclear Regulatory Commission, under the Atomic 
Energy Act of 1954, of facilities for the recycling of spent 
nuclear fuel. 
SEC. 167. NUCLEAR FUEL SUPPLY RESERVE. 
(a) INVENTORY.—The Secretary of Energy shall con-
duct an inventory of all materials owned by the Depart-
ment of Energy that could, either without or with further 
processing, be used to power commercial nuclear reactors. 
(b) ESTABLISHMENT OF RESERVE.—The Secretary 
shall establish a nuclear fuel supply reserve consisting of 
materials identified as available for such purposes from 
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the inventory conducted under subsection (a). The Sec-
retary shall establish appropriate procedures to ensure 
that the reserve can protect United States energy pro-
ducers from shortages of nuclear fuel. 
(c) PLAN.—The Secretary shall transmit to the Con-
gress a long-term plan for introducing nuclear fuel sup-
plies from the reserve into the market. 
SEC. 168. PUBLIC HEALTH AND SAFETY. 
Nothing in this subtitle shall supersede, mitigate, de-
tract from, or in any way decrease the Nuclear Regulatory 
Commission’s ability to maintain the highest possible lev-
els of public health and safety standards, consistent with 
the provisions of the Atomic Energy Act of 1954. No au-
thority granted by this subtitle shall be executed in a man-
ner that jeopardizes, minimizes, reduces, or lessens public 
health and safety standards. 
SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND 
OPERATING LICENSE. 
(a) IN GENERAL.—The Nuclear Regulatory Commis-
sion shall establish and implement an expedited procedure 
for issuing a Combined Construction and Operating Li-
cense. 
(b) QUALIFICATIONS.—To qualify for the expedited 
procedure under this section, an applicant shall— 
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(1) apply for construction of a reactor based on 
a design certified (or provisionally certified under 
section 170) by the Nuclear Regulatory Commission; 
(2) construct the new reactor on or adjacent to 
a site where an operating nuclear power plant al-
ready exists; 
(3) not be subject to a Nuclear Regulatory 
Commission order to modify, suspend, or revoke a li-
cense under section 2.202 of title 10, Code of Fed-
eral Regulations; and 
(4) submit a complete Combined Construction 
and Operating License application that is docketed 
by the Commission. 
(c) EXPEDITED PROCEDURE.—With respect to a li-
cense for which the applicant has satisfied the require-
ments of subsection (b) and seeks expedited consideration, 
the Nuclear Regulatory Commission shall follow the fol-
lowing procedures: 
(1) Undertake an expedited environmental re-
view process and issue a draft environmental impact 
statement not later than 12 months after the appli-
cation is accepted for docketing. 
(2) Begin public licensing hearings when a 
draft environmental impact statement has been 
issued, and complete any such hearings and related 
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processes not later than 24 months after accepting 
for docketing the expedited Combined Construction 
and Operating License application. 
(3) Complete the technical review process and 
issue the Safety Evaluation Report and the final en-
vironmental impact statement not later than 18 
months after the application is accepted for dock-
eting. 
(4) Make a final decision on whether to issue 
the Combined Construction and Operating License 
not later than 25 months after docketing the appli-
cation. 
(d) GOALS.—The Chairman of the Nuclear Regu-
latory Commission shall present recommendations to Con-
gress not later than 90 days after the date of enactment 
of this Act for procedures that would further facilitate the 
licensing of new nuclear reactors in a timely manner. 
SEC. 170. REACTOR DESIGN CERTIFICATION. 
(a) PROVISIONAL CERTIFICATION.— 
(1) 
AUTHORITY.—The 
Nuclear 
Regulatory 
Commission may provide to an applicant a provi-
sional certification of a proposed nuclear reactor de-
sign. 
(2) 
EFFECT
OF
PROVISIONAL
CERTIFI-
CATION.—Approval of a provisional design certifi-
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cation under this subsection shall not eliminate, re-
duce, or otherwise affect any requirement for reactor 
design approval or certification by the Nuclear Reg-
ulatory Commission or any other agency under Fed-
eral law. 
(3) TIMING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a provisional certification 
shall be provided or denied under this sub-
section not later than 60 days after the date of 
application therefor. 
(B) EXTENSION.—The Nuclear Regulatory 
Commission may extend the time period under 
subparagraph (A) for an additional 30 days if 
necessary to enable certification. 
(4) CRITERIA.—In determining whether to ap-
prove a provisional certification application under 
this subsection, the Nuclear Regulatory Commission 
shall consider whether the proposed design— 
(A) is based on existing and commercially 
proven technology; 
(B) has been approved by internationally 
recognized regulators; and 
(C) is safely operating or under construc-
tion in other nations. 
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(5) SUPPLEMENTAL INFORMATION.—An appli-
cation for provisional certification under this sub-
section may include supplemental information pro-
vided by potential future applicants for approval of 
the same or a similar design. 
(b) EXPEDITED
CERTIFICATION
PROCESS.—Not 
later than one year after the date of enactment of this 
Act, the Chairman of the Nuclear Regulatory Commission 
shall develop and submit to the Congress an expedited 
process for certifying reactor designs, including those de-
signs under consideration for certification by the Commis-
sion on the date of enactment of this Act, that signifi-
cantly reduces the time necessary to achieve such certifi-
cation. 
SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECI-
FICATIONS. 
Not later than one year after the date of enactment 
of this Act, the Chairman of the Nuclear Regulatory Com-
mission shall submit to the Congress a report regarding 
recommendations for the development of technology-neu-
tral plant design specifications. 
SEC. 172. NEXT GENERATION NUCLEAR PLANT. 
The Secretary of Energy and the Chairman of the 
Nuclear Regulatory Commission shall review the Next 
Generation Nuclear Plant Licensing Strategy report sub-
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mitted to Congress in August 2008, as required by section 
644 of the Energy Policy Act of 2005 (42 U.S.C. 16024), 
with the purpose of reevaluating and significantly accel-
erating the Next Generation Nuclear Power Plant sched-
ule. Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Congress 
a report including a revised schedule and funding require-
ments that would allow for program completion as near 
as is possible to the date that is 5 years after the date 
of enactment of this Act. 
SEC. 173. URANIUM MINING ON FEDERAL LANDS. 
The Secretary of the Interior may not use the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) to prevent uranium mining from taking place 
on Federal lands unless the Secretary makes findings ex-
plaining the reason for such prevention. No Federal agen-
cy may collect additional leasing fees that have not been 
authorized to be collected before the date of enactment 
of this Act to mine uranium on Federal lands. Any fees 
collected in association with commercial uranium mining 
on Federal lands that should be applied for remediation 
purposes shall only be applied to the remediation of sites 
that incurred damage as a result of commercial nuclear 
activities. Such fees shall not be applied to the remediation 
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of any sites that incurred damage as a result of Govern-
ment or Government-sponsored activities. 
SEC. 174. SMALL AND MODULAR REACTOR LICENSING. 
(a) REPORT.—Not later than 90 days after the date 
of enactment of this Act, the Chairman of the Nuclear 
Regulatory Commission shall transmit to the Congress a 
report containing recommendations, including the per-
sonnel and resource requirements necessary to implement 
the recommendations, for streamlined licensing procedures 
for small and modular nuclear reactors. 
(b) REGULATIONS.—Not later than one year after the 
date of enactment of this Act, the Chairman of the Nu-
clear Regulatory Commission shall promulgate regulations 
to implement the recommendations transmitted under 
subsection (a). 
SEC. 175. LIMITATION ON REGULATORY TIME FRAME. 
In establishing standards for or otherwise regulating 
the storage of radioactive material under section 121(a) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10141(a)) or any other Federal law, the Administrator of 
the Environmental Protection Agency may not consider 
environmental effects that could occur more than 10,000 
years after the date of such regulatory action. 
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SEC. 176. DEFINITION. 
In this subtitle, the term ‘‘radiological material’’ 
means radioactive material that is a byproduct of the pro-
duction of nuclear power, including high-level nuclear 
waste and spent nuclear fuel, as those terms are defined 
in section 2 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101), but not including low-level radiological 
material as that term is defined in such section. 
TITLE II—REGULATORY REFORM 
SEC. 201. PURPOSE. 
The purpose of this title is to increase accountability 
for and transparency in the Federal regulatory process. 
Section 1 of article I of the United States Constitution 
grants all legislative powers to Congress. Over time, Con-
gress has excessively delegated its constitutional charge 
while failing to conduct appropriate oversight and retain 
accountability for the content of the laws it passes. By 
requiring a vote in Congress, this title will result in more 
carefully drafted and detailed legislation, an improved reg-
ulatory process, and a legislative branch that is truly ac-
countable to the American people for the laws imposed 
upon them. 
SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
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‘‘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. 
‘‘§ 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 clas-
sification 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 ac-
tions intended to implement the same statutory pro-
vision or regulatory objective as well as the indi-
vidual and aggregate economic effects of those ac-
tions; and 
‘‘(v) the proposed effective date of the rule. 
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‘‘(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 require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(C) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing 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 re-
port on each major rule to the committees of jurisdiction 
by the end of 15 calendar days after the submission or 
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publication date as provided in section 802(b)(2). The re-
port of the Comptroller General shall include an assess-
ment of the agency’s compliance with procedural steps re-
quired by paragraph (1)(B). 
‘‘(B) Federal agencies shall cooperate with the Comp-
troller 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 para-
graph (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 relat-
ing to the same rule may not be considered under this 
chapter in the same Congress by either the House of Rep-
resentatives 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. 
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‘‘(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 re-
ceived by Congress (excluding days either House of Con-
gress 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 Con-
gress. 
‘‘(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 imple-
menting an international trade agreement. 
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‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
for which a report was submitted in accordance with sub-
section (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 Representa-
tives, 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, sec-
tions 802 and 803 shall apply to such rule in the suc-
ceeding session of Congress. 
‘‘(2)(A) In applying sections 802 and 803 for pur-
poses 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 
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‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; 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 sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for major 
rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ 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 ei-
ther House of Congress is adjourned for more than 3 days 
during a session of Congress), the matter after the resolv-
ing clause of which is as follows: ‘That Congress approves 
the rule submitted by the l l relating to l l.’ (The 
blank spaces being appropriately filled in). 
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‘‘(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 re-
ferred 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 re-
quest), 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 Con-
gress 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 ‘submis-
sion 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 
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shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. 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 com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, 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 mo-
tion is not subject to amendment, or to a motion to post-
pone, 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 re-
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main 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 conclu-
sion of the debate on a joint resolution described in sub-
section (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 proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e)(1) In the House of Representatives, if the com-
mittee 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, 
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tion, and motions to proceed to the consideration of other 
business, shall be decided without debate. 
‘‘(D) All appeals from the decisions of the Chair re-
lating to the application of the Rules of the House of Rep-
resentatives 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 resolu-
tion— 
‘‘(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 extin-
guish or affect any claim, whether substantive or proce-
dural, 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. 
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‘‘(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, respec-
tively, 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. 
‘‘§ 803. 
Congressional 
disapproval 
procedure 
for 
nonmajor rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ 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 
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nonmajor rule submitted by the l l relating to l l, 
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 Con-
gress with jurisdiction. 
‘‘(2) For purposes of this section, the term submis-
sion 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 Fed-
eral Register, if so published. 
‘‘(c) In the Senate, if the committee to which is re-
ferred 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 res-
olution upon a petition supported in writing by 30 Mem-
bers 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 com-
mittee is discharged (under subsection (c)) from further 
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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 resolu-
tion (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 recom-
mit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
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section (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 proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the Senate the procedure specified in sub-
section (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 publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) 
was submitted during the period referred to in sec-
tion 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: 
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‘‘(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 re-
ceived from the other House; but 
‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding 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 geo-
graphic regions; or 
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‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, 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. 
‘‘(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 al-
lowances therefore, corporate or financial struc-
tures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures 
bearing on any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially 
affect the rights or obligations of non-agency 
parties. 
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‘‘§ 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 de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, 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 pro-
mulgating the rule determines.’’. 
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SEC. 302. 2003 TAX REDUCTIONS ON DOMESTIC DIVIDENDS 
MADE PERMANENT. 
Effective for taxable years beginning after December 
31, 2011, section 303 of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 is hereby repealed. 
SEC. 303. SMALL BUSINESS EXPENSING FOR SMALL BUSI-
NESS MADE PERMANENT. 
(a) IN GENERAL.—Paragraph (1) of section 179(b) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘exceed—’’ and all that follows and inserting ‘‘exceed 
$500,000.’’. 
(b) THRESHOLD FOR REDUCTION IN LIMITATION.— 
Paragraph (2) of section 179(b) of such Code is amended 
by 
striking 
‘‘exceed—’’ 
and 
inserting 
‘‘exceed 
$2,000,000.’’. 
(c) INFLATION ADJUSTMENTS.—Section 179(b)(6) of 
such Code is amended— 
(1) in subparagraph (A) in the matter pre-
ceding clause (i) by striking ‘‘the $125,000 and 
$500,000 amounts in paragraphs (1)(C) and 
(2)(C)’’ 
and 
inserting 
‘‘the 
$500,000 
and 
$2,000,000 amounts in paragraphs (1) and (2)’’, 
and 
(2) in subparagraph (A)(ii) by striking ‘‘2006’’ 
and inserting ‘‘2011’’. 
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(d) REVOCATION OF ELECTION.—Section 179(c)(2) 
of such Code is amended by striking ‘‘and before 2013’’. 
(e) 
COMPUTER
SOFTWARE.—Section 
179(d)(1)(A)(ii) of such Code is amended by striking ‘‘and 
before 2012’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 304. PERMANENT EXTENSION OF ESTATE TAX RELIEF. 
(a) IN GENERAL.—Section 901 of the Economic 
Growth and Tax Relief Reconciliation Act of 2001 shall 
not apply to the provisions of, and amendments made by, 
title V of such Act. 
(b) CONFORMING AMENDMENT.—The Tax Relief, 
Unemployment Insurance Reauthorization, and Job Cre-
ation Act of 2010 is amended by striking section 304. 
(c) EFFECTIVE
DATE.—Subsection (a) and the 
amendments made by subsection (b) shall apply to years 
beginning after December 31, 2012. 
SEC. 305. ADDITIONAL SAVINGS. 
The Committee on Ways and Means of the House 
of Representatives shall prioritize reporting out legislation 
that would provide significant reforms to the Internal Rev-
enue Code of 1986 that would— 
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(1) simplify the Internal Revenue Code of 1986 
for individuals and businesses to reduce the burden 
of compliance; 
(2) eliminate deductions that unjustly benefit 
corporations and special interests (and report out 
the savings resulting from these eliminations); and 
(3) consider proposals that will disincentivize 
and eliminate tax shelters. 
TITLE IV—WORKFORCE 
INVESTMENT 
SEC. 401. SENSE OF CONGRESS REGARDING THE NEED TO 
REAUTHORIZE 
THE 
WORKFORCE 
INVEST-
MENT ACT OF 1998. 
It is the sense of Congress that Congress should ur-
gently reauthorize the Workforce Investment Act of 1998 
(29 U.S.C. 2801 et seq.) in order to— 
(1) improve and expand the job training and 
other employment-related programs under the Act; 
and 
(2) modernize such programs to better train 
workers for the highly skilled jobs in the modern 
economy. 
Æ 
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