I 
112TH CONGRESS 
1ST SESSION H. R. 3487 
To encourage job creation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2011 
Mr. BUCHANAN introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Nat-
ural Resources, the Judiciary, Energy and Commerce, Science, Space, 
and Technology, Education and the Workforce, Small Business, and 
Oversight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To encourage job creation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Job Creation 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—TRADE 
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Sec. 101. Sense of Congress regarding implementation of certain free trade 
agreements. 
Sec. 102. Sense of Congress regarding China’s intellectual property rights viola-
tions. 
TITLE II—TAX REFORM 
Sec. 201. Sense of Congress regarding tax reform. 
TITLE III—BALANCED BUDGET AMENDMENT 
Sec. 301. Sense of Congress regarding a balanced budget amendment. 
TITLE IV—ENERGY 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Leasing program for lands within the Coastal Plain. 
Sec. 404. Lease sales. 
Sec. 405. Grant of leases by the Secretary. 
Sec. 406. Lease terms and conditions. 
Sec. 407. Coastal Plain environmental protection. 
Sec. 408. Expedited judicial review. 
Sec. 409. Federal and State distribution of revenues. 
Sec. 410. Rights-of-way across the Coastal Plain. 
Sec. 411. Conveyance. 
Sec. 412. Local government impact aid and community service assistance. 
Sec. 413. ANWR Alternative Energy Trust Fund. 
TITLE V—REDUCTION IN FEDERAL WORKFORCE 
Sec. 501. Reduction in Federal workforce. 
TITLE VI—REPEAL OF EMPLOYER HEALTH INSURANCE 
MANDATE 
Sec. 601. Repeal of employer health insurance mandate. 
TITLE VII—SECRET BALLOT PROTECTION ACT 
Sec. 701. Short title. 
Sec. 702. Findings. 
Sec. 703. National Labor Relations Act. 
Sec. 704. Regulations. 
TITLE VIII—FEDERAL RULES OF CIVIL PROCEDURE 
IMPROVEMENTS 
Sec. 801. Attorney accountability. 
Sec. 802. Applicability of Rule 11 to State cases affecting interstate commerce. 
Sec. 803. Prevention of forum-shopping. 
Sec. 804. Rule of construction. 
Sec. 805. Three-strikes rule for suspending attorneys who commit multiple Rule 
11 violations. 
Sec. 806. Presumption of rule 11 violation for repeatedly relitigating same 
issue. 
Sec. 807. Enhanced sanctions for document destruction in pending Federal 
court proceedings. 
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Sec. 808. Ban on concealment of unlawful conduct. 
TITLE IX—REGULATORY FLEXIBILITY IMPROVEMENTS ACT OF 
2011 
Sec. 901. Short title. 
Sec. 902. Clarification and expansion of rules covered by the Regulatory Flexi-
bility Act. 
Sec. 903. Requirements providing for more detailed analyses. 
Sec. 904. Repeal of waiver and delay authority; additional powers of the Chief 
Counsel for Advocacy. 
Sec. 905. Procedures for gathering comments. 
Sec. 906. Periodic review of rules. 
Sec. 907. Judicial review of compliance with the requirements of the Regulatory 
Flexibility Act available after publication of the final rule. 
Sec. 908. Jurisdiction of court of appeals over rules implementing the Regu-
latory Flexibility Act. 
Sec. 909. Clerical amendments. 
TITLE I—TRADE 
SEC. 101. SENSE OF CONGRESS REGARDING IMPLEMENTA-
TION OF CERTAIN FREE TRADE AGREE-
MENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) Ninety-five percent of the world’s con-
sumers live outside the United States. 
(2) It is imperative to the United States econ-
omy that United States businesses sell their goods 
and services outside the United States. 
(3) Congress and the Administration are cur-
rently working to implement free trade agreements 
with Colombia, Panama, and South Korea. The 
United States International Trade Commission re-
cently reported that implementation of the three free 
trade agreements would increase United States ex-
ports by $13 billion, adding $10 billion to the Gross 
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Domestic Product of the United States. Such an in-
crease would support 250,000 American jobs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) Congress should continue to work with the 
Administration to expand trading markets; 
(2) the President should pursue quick entry 
into force of the three trade agreements; and 
(3) the future growth of the United States 
economy requires this pro-growth strategy. 
SEC. 102. SENSE OF CONGRESS REGARDING CHINA’S INTEL-
LECTUAL PROPERTY RIGHTS VIOLATIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) United States copyright industries suffer se-
vere losses due to piracy in China. 
(2) Counterfeiting remains pervasive in many 
retail and wholesale markets in China. 
(3) China also maintains market access bar-
riers, which delay entry into China for legitimate 
products and, thus, create commercial opportunities 
for infringing products. 
(4) According to a report by the United States 
International Trade Commission, Chinese piracy and 
counterfeiting of United States software and a wide 
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range of other intellectual property cost American 
businesses an estimated $48 billion in 2009. 
(5) The report also concluded that 2.1 million 
jobs could be created in the United States if China 
complied with its current international obligations to 
protect and enforce intellectual property rights. 
(6) The most direct jobs impact would come in 
high-tech and other innovative industries. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that China’s intellectual property rights violations 
are a problem for our economy. 
TITLE II—TAX REFORM 
SEC. 201. SENSE OF CONGRESS REGARDING TAX REFORM. 
(a) FINDINGS.—Congress finds the following: 
(1) The Federal tax code is long, complex, anti-
quated, and stifling growth in our economy. 
(2) Comprehensive reform of the Federal tax 
code is needed to get Americans working again and 
our economy back on track. 
(3) Independent economists estimate that, when 
coupled with reduced Federal spending, comprehen-
sive tax reform could lead to the creation of 1 mil-
lion jobs in the first year alone. 
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(4) The Federal tax code has become so com-
plex that even the Commissioner of the Internal 
Revenue Service does not prepare his own taxes. 
(5) The Internal Revenue Service reports that 
the average person spends more than 21 hours to fill 
out the tax forms. 
(6) A USA Today editorial lampooned the com-
plexity by noting that the instruction booklet for Ap-
ple’s Ipad is one page, while the instruction booklet 
for this year’s IRS 1040 long form is 172 pages. 
(7) The Federal tax system needs to be re-
formed in order for the United States to once again 
be competitive in the international market. 
(8) Only Japan has a higher corporate tax rate 
than America, which has a combined Federal-State 
rate of 39.2 percent, and Japan has already indi-
cated its intent to lower its rate. 
(9) In 1960, 17 companies headquartered in 
the United States comprised 17 of the world’s larg-
est 20 companies—that’s 85 percent. By 2010, just 
6 companies headquartered in the United States— 
or a mere 30 percent—were ranked among the top 
20. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that reforming the Federal tax code will benefit 
American taxpayers and our economy. 
TITLE III—BALANCED BUDGET 
AMENDMENT 
SEC. 301. SENSE OF CONGRESS REGARDING A BALANCED 
BUDGET AMENDMENT. 
(a) FINDINGS.—The Congress finds that a balanced 
budget amendment would put the United States on a path 
to solvency and help bring stability to the economy. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress needs to pass a balanced budget 
amendment to the United States Constitution and send 
it to the States for ratification. 
TITLE IV—ENERGY 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘American Energy 
Independence and Price Reduction Act’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
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(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 403. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this title and acting through the Director of the 
Bureau of Land Management in consultation with 
the Director of the United States Fish and Wildlife 
Service, a competitive oil and gas leasing program 
that will result in an environmentally sound program 
for the exploration, development, and production of 
the oil and gas resources of the Coastal Plain; and 
(2) to administer the provisions of this title 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
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velopment, and production to all exploration, devel-
opment, and production operations under this Act in 
a manner that ensures the receipt of fair market 
value by the public for the mineral resources to be 
leased. 
(b) REPEAL.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 1003. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), the oil and gas 
leasing program and activities authorized by this 
section in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
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