Job Creation Act of 2011

Bill: 112-hr-3487
Sponsor: Rep. Buchanan, Vern [R-FL-13]
Introduced: 2011-11-18 in the House
Policy area: Economics and Public Finance
Subjects: Administrative law and regulatory procedures
Alaska
Alternative and renewable resources
Arctic Ocean
Arctic and polar regions
Asia
Budget deficits and national debt
China
Civil actions and liability
Colombia
Competitiveness, trade promotion, trade deficits
Constitution and constitutional amendments
Department of the Treasury
Employee benefits and pensions
Energy revenues and royalties
Environmental assessment, monitoring, research
Federal appellate courts
Free trade and trade barriers
Government employee pay, benefits, personnel management
Government information and archives
Government trust funds
Health care costs and insurance
Health care coverage and access
Income tax rates
Indian lands and resources rights
Industrial policy and productivity
Intellectual property
Internal Revenue Service (IRS)
Judicial procedure and administration
Judicial review and appeals
Jurisdiction and venue
Labor-management relations
Land transfers
Land use and conservation
Latin America
Lawyers and legal services
Legal fees and court costs
Licensing and registrations
Marine and coastal resources, fisheries
National Labor Relations Board (NLRB)
Oil and gas
Panama
Pipelines
Pollution liability
Public contracts and procurement
Roads and highways
Sales and excise taxes
Small Business Administration
Small business
South Korea
State and local finance
Tax administration and collection, taxpayers
Tax reform and tax simplification
Trade agreements and negotiations
Trade restrictions
Wilderness and natural areas, wildlife refuges, wild rivers, habitats
Wildlife conservation and habitat protection

Summary:
action_date: 2011-11-18
text: 
Job Creation Act of 2011 - 
Title I: Trade - 
Expresses the sense of Congress 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 United States-Colombia Trade Promotion Agreement, the United States-Panama Trade Promotion Agreement, and the United States-Korea Free Trade Agreement; and (3) the future growth of the U.S. economy requires this pro-growth strategy.
 
Expresses the sense of Congress that China's intellectual property rights violations are a problem for the U.S. economy.
 

Title II: Tax Reform - 
Expresses the sense of Congress that reforming the federal tax code will benefit taxpayers and the U.S. economy.
 

Title III: Balanced Budget Amendment - 
Expresses the sense of Congress that it needs to pass a balanced budget amendment to the U.S. Constitution and send it to the states for ratification.
 

Title IV: Energy
 - American Energy Independence and Price Reduction Act - Directs the Secretary of the Interior to implement a competitive leasing program for the exploration, development, and production of the oil and gas resources on the Coastal Plain of Alaska.
 
Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against leasing or other development leading to production of oil and gas from the Arctic National Wildlife Refuge (ANWR).
 
Deems any oil and gas leasing programs and activities authorized by this Act to be in compliance with ANWR purposes.
 
Authorizes the Secretary to designate up to 45,000 acres of the Coastal Plain as a Special Area, after consultation with the state of Alaska, the city of Kaktovik, and the North Slope Borough.
 
Permits directional drilling in the Special Area.
 
Prescribes procedures governing Coastal Plain lease sales, as well as terms and conditions, including: (1) environmental protection; (2) federal and state distribution of revenues; (3) rights-of-way; and (4) local government impact aid and community service assistance.
 
Sets forth: (1) a &quot;no significant adverse effect&quot; standard to govern Coastal Plain activities; and (2) guidelines for expedited judicial review of complaints.
 
Establishes the ANWR Alternative Energy Trust Fund.
 

Title V: Reduction In Federal Workforce
 - Requires the Office of Management and Budget (OMB) to take appropriate measures to ensure that: (1) the total number of federal employees, beginning in FY2015, does not exceed 90% of the total number of such employees as of September 30, 2011; (2) until the end of FY 2014,agencies do not appoint more than one employee for every three employees retiring or otherwise separating from government service; and (3) there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Requires OMB to continuously monitor all agencies and make a determination as to whether the total number of federal employees exceeds the limitation imposed by this Act. 
 
Prohibits a federal agency from filling any vacancy unless OMB provides written notice to the President and Congress that the number of federal employees does not exceed the limitation established by this Act. 
 
Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state of war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Allows the President additional discretion to waive such workforce limitations if the President determines that the efficiency of a federal agency or the performance of its critical mission so requires.
 

Title VI: Repeal of Employer Health Insurance Mandate
 - Amends the Internal Revenue Code to repeal provisions added by the Patient Protection and Affordable Care Act requiring certain employers who have a workforce of 50 or more full-time employees to provide health insurance coverage for their employees.
 

Title VII: Secret Ballot Protection Act -
 Secret Ballot Protection Act - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board (NLRB), or (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
 

Title VIII: Federal Rules of Civil Procedure Improvements - 
Amends Rule 11 of the Federal Rules of Civil Procedure (sanctions for filing a frivolous lawsuit) to: (1) require courts to award reasonable expenses, including attorney's fees, to a prevailing party in a Rule 11 proceeding (currently discretionary); and (2) eliminate the 21-day period allowed for withdrawing or correcting a claim deemed frivolous.
 
Requires state courts to apply Rule 11 to actions in state courts that substantially affect interstate commerce. 
 
Limits venue for personal injury claims filed in state or federal courts to the county or district: (1) in which the plaintiff or defendant resides, (2) where the plaintiff resided at the time of the alleged injury, or (3) the district in which the defendant's principal place of business is located.
 
Imposes additional sanctions: (1) on attorneys who are found to violate Rule 11 three or more times, and (2) for willful and intentional destruction of documents relevant to a pending action in federal court. Establishes a rebuttable presumption of a Rule 11 violation if a plaintiff attempts to litigate a claim that has already been litigated and lost on the merits.
 
Prohibits a court in a Rule 11 proceeding from ordering the nondisclosure of the record of the proceeding unless the court makes a specific finding of fact that justifies such an order.
 

Title IX: Regulatory Flexibility Improvements Act of 2011
 - Regulatory Flexibility Improvements Act of 2011 - Amends the Regulatory Flexibility Act of 1980 (RFA) to revise the definition of "rule" under such Act to exclude a rule of particular (and not general) applicability relating to rates, wages, and other financial indicators and to define "economic impact" with respect to a proposed or final rule as any direct economic effect on small entities from such rule and any indirect economic effect on small entities that is reasonably foreseeable and that results from such rule. Includes tribal organizations within the definition of "small governmental jurisdictions" for purposes of such Act.
 
Requires initial and final regulatory flexibility analyses to: (1) describe alternatives to a proposed rule that minimize any adverse significant economic impact or maximize the beneficial significant economic impact on small entities, and (2) include revisions or amendments to a land management plan developed by the Secretary of Agriculture or the Secretary of the Interior under specified Acts.
 
Expands elements of initial and final regulatory flexibility analyses under RFA to include estimates and descriptions of the cumulative economic impact of a proposed rule on a small entity.
 
Repeals provisions allowing a waiver or delay of the completion of an initial regulatory flexibility analysis. Requires the Chief Counsel for Advocacy of the Small Business Administration (SBA) to issue rules governing federal agency compliance with RFA requirements. Authorizes the Chief Counsel to modify or amend such rules, to intervene in agency adjudication relating to such rules, and to inform an agency of the impact of its rulemaking on small entities.
 
Revises requirements for agency notification of the SBA Chief Counsel for Advocacy prior to the publication of any proposed rule. Requires agencies to provide the Chief Counsel with: (1) all materials prepared or utilized in making the proposed rule, and (2) information on the potential adverse and beneficial economic impacts of the proposed rule on small entities.
 
Requires each agency to publish in the Federal Register a plan for the periodic review of existing and new rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded. 
 
Provides for judicial review of an agency final rule for compliance with RFA requirements after the publication of such rule. Grants federal courts of appeal jurisdiction to review all final rules issued in accordance with RFA.


Legislative actions:
action_date: 2012-03-29
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
action_date: 2011-12-02
text: Referred to the Subcommittee on Courts, Commercial and Administrative Law.
action_date: 2011-11-29
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2011-11-18
text: Referred to the Subcommittee on Health.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-11-18
text: Introduced in House
action_date: 2011-11-18
text: Introduced in House