To provide American jobs through economic growth.

SA 928. Mr. McCAIN (for himself, Mr. Barrasso, Mr. Blunt, Mr.
Boozman, Mr. Burr, Mr. Chambliss, Mr. Coats, Mr. Cochran, Mr. Cornyn,
Mr. Crapo, Mr. DeMint, Mr. Enzi, Mr. Graham, Mr. Grassley, Mr. Hatch,
Mr. Heller, Mr. Hoeven, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr.
Johanns, Mr. Johnson of Wisconsin, Mr. Kirk, Mr. Lee, Mr. Lugar, Mr.
McConnell, Mr. Moran, Mr. Paul, Mr. Portman, Mr. Risch, Mr. Roberts,
Mr. Rubio, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr. Toomey, Mr. Vitter,
and Mr. Wicker) submitted an amendment intended to be proposed to
amendment SA 927 proposed by Mr. Reid (for Mr. Tester (for himself,
Mrs. Murray, Mr. Baucus, Ms. Stabenow, Mr. Brown of Ohio, Mr. Reid, Mr.
Akaka, Ms. Cantwell, Mr. Leahy, Mr. Casey, Mr. Coons, Mr. Menendez, Mr.
Kerry, Mr. Lautenberg, Mr. Merkley, Mr. Sanders, Mrs. Shaheen, Mr.
Bennet, Mr. Webb, Mr. Begich, Ms. Landrieu, Mr. Schumer, and Mr. Brown
of Massachusetts)) to the bill H.R. 674, to amend the Internal Revenue
Code of 1986 to repeal the imposition of 3 percent withholding on
certain payments made to vendors by government entities, to modify the
calculation of modified adjusted gross income for purposes of
determining eligibility for certain healthcare-related programs, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment add the following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Jobs
Through Growth Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title and table of contents.

DIVISION A--SPENDING REFORM

TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

Sec. 1101. Balanced Budget Amendment to the Constitution.

TITLE II--ENHANCED RESCISSION AUTHORITY

Sec. 1201. Purposes.
Sec. 1202. Rescissions of funding.
Sec. 1203. Technical and conforming amendments.
Sec. 1204. Amendments to Part A of the Impoundment Control Act.
Sec. 1205. Expiration.

DIVISION B--TAX REFORM

TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSES

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

TITLE II--TAX REFORM FOR EMPLOYERS

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

TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011

Sec. 2301. Short title.
Sec. 2302. Repeal of imposition of withholding on certain payments made
to vendors by government entities.
Sec. 2303. Rescission of unspent federal funds to offset loss in
revenues.

DIVISION C--REGULATION REFORM

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

Sec. 3101. Repeal of the job-killing health care law and health care-
related provisions in the Health Care and Education
Reconciliation Act of 2010.
Sec. 3102. Budgetary effects of this subtitle.

TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011

Sec. 3201. Short title.
Sec. 3202. Findings and purpose.
Sec. 3203. Definitions.
Sec. 3204. Encouraging speedy resolution of claims.
Sec. 3205. Compensating patient injury.
Sec. 3206. Maximizing patient recovery.
Sec. 3207. Additional health benefits.
Sec. 3208. Punitive damages.
Sec. 3209. Authorization of payment of future damages to claimants in
health care lawsuits.
Sec. 3210. Effect on other laws.
Sec. 3211. State flexibility and protection of states' rights.
Sec. 3212. Applicability; effective date.

TITLE III--FINANCIAL TAKEOVER REPEAL

Sec. 3301. Repeal.

[[Page S7203]]

TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS
ACT)

Sec. 3401. Short title.
Sec. 3402. Findings and purpose.
Sec. 3403. Congressional review of agency rulemaking.

TITLE V--REGULATION MORATORIUM AND JOBS PRESERVATION ACT

Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Significant regulatory actions.
Sec. 3504. Waivers.
Sec. 3505. Judicial review.

TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND
ONEROUS MANDATES ACT OF 2011

Sec. 3601. Short title.
Sec. 3602. Findings.
Sec. 3603. Including indirect economic impact in small entity analyses.
Sec. 3604. Judicial review to allow small entities to challenge
proposed regulations.
Sec. 3605. Periodic review.
Sec. 3606. Requiring small business review panels for additional
agencies.
Sec. 3607. Expanding the Regulatory Flexibility Act to agency guidance
documents.
Sec. 3608. Requiring the Internal Revenue Service to consider small
entity impact.
Sec. 3609. Reporting on enforcement actions relating to small entities.
Sec. 3610. Requiring more detailed small entity analyses.
Sec. 3611. Ensuring that agencies consider small entity impact during
the rulemaking process.
Sec. 3612. Additional powers of the Office of Advocacy.
Sec. 3613. Funding and offsets.
Sec. 3614. Technical and conforming amendments.

TITLE VII--UNFUNDED MANDATES ACCOUNTABILITY ACT

Sec. 3701. Short title.
Sec. 3702. Findings.
Sec. 3703. Regulatory impact analyses for certain rules.
Sec. 3704. Least burdensome option or explanation required.
Sec. 3705. Inclusion of application to independent regulatory agencies.
Sec. 3706. Judicial review.
Sec. 3707. Effective date.

TITLE VIII--GOVERNMENT LITIGATION SAVINGS ACT

Sec. 3801. Short title.
Sec. 3802. Modification of Equal Access to Justice provisions.
Sec. 3803. GAO study.

TITLE IX--EMPLOYMENT PROTECTION ACT OF 2011

Sec. 3901. Short title.
Sec. 3902. Impacts of EPA regulatory activity on employment and
economic activity.

TITLE X--FARM DUST REGULATION PREVENTION ACT

Sec. 3931. Short title.
Sec. 3932. Nuisance dust.
Sec. 3933. Temporary prohibition against revising any national ambient
air quality standard applicable to coarse particulate
matter.

TITLE XI--NATIONAL LABOR RELATIONS BOARD REFORM

Sec. 3951. Short title.
Sec. 3952. Authority of the NLRB.
Sec. 3953. Retroactivity.

TITLE XII--GOVERNMENT NEUTRALITY IN CONTRACTING ACT

Sec. 3971. Short title.
Sec. 3972. Purposes.
Sec. 3973. Preservation of open competition and Federal Government
neutrality.

TITLE XIII--FINANCIAL REGULATORY RESPONSIBILITY ACT

Sec. 3981. Short title.
Sec. 3982. Definitions.
Sec. 3983. Required regulatory analysis.
Sec. 3984. Rule of construction.
Sec. 3985. Public availability of data and regulatory analysis.
Sec. 3986. Five-year regulatory impact analysis.
Sec. 3987. Retrospective review of existing rules.
Sec. 3988. Judicial review.
Sec. 3989. Chief Economists Council.
Sec. 3990. Conforming amendments.
Sec. 3991. Other regulatory entities.
Sec. 3992. Avoidance of duplicative or unnecessary analyses.
Sec. 3993. Severability.

TITLE XIV--REGULATORY RESPONSIBILITY FOR OUR ECONOMY ACT

Sec. 3994. Short title.
Sec. 3995. Definitions.
Sec. 3996. Agency requirements.
Sec. 3997. Public participation.
Sec. 3998. Integration and innovation.
Sec. 3999. Flexible approaches.
Sec. 3999A. Science.
Sec. 3999B. Retrospective analyses of existing rules.

TITLE XV--REDUCING REGULATORY BURDENS ACT

Sec. 3999C. Short title.
Sec. 3999D. Use of authorized pesticides.
Sec. 3999E. Discharges of pesticides.

DIVISION D--DOMESTIC ENERGY JOB PROMOTION

TITLE I--DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT REDUCTION ACT

Sec. 4101. Short title.

Subtitle A--Outer Continental Shelf Leasing

Sec. 4111. Leasing program considered approved.
Sec. 4112. Lease sales.
Sec. 4113. Applications for permits to drill.
Sec. 4114. Lease sales for certain areas.

Subtitle B--Regulatory Streamlining

Sec. 4131. Commercial leasing program for oil shale resources on public
land.
Sec. 4132. Jurisdiction over covered energy projects.
Sec. 4133. Environmental impact statements.
Sec. 4134. Clean air regulation.
Sec. 4135. Employment effects of actions under Clean Air Act.
Sec. 4136. Endangered species.
Sec. 4137. Reissuance of permits and leases.
Sec. 4138. Central Valley Project.
Sec. 4139. Beaufort Sea oil drilling project.
Sec. 4140. Environmental legal fees.

TITLE II--JOBS AND ENERGY PERMITTING ACT

Sec. 4201. Short title.
Sec. 4202. Air quality measurement.
Sec. 4203. Outer Continental Shelf source.
Sec. 4204. Permits.

TITLE III--AMERICAN ENERGY AND WESTERN JOBS ACT

Sec. 4301. Short title.
Sec. 4302. Rescission of certain instruction memoranda.
Sec. 4303. Amendments to the Mineral Leasing Act.
Sec. 4304. Annual report on revenues generated from multiple use of
public land.
Sec. 4305. Federal onshore oil and natural gas production goal.
Sec. 4306. Oil shale.

TITLE IV--MINING JOBS PROTECTION ACT

Sec. 4401. Short title.
Sec. 4402. Permits for dredged or fill material.
Sec. 4403. Review of permits.

TITLE V--ENERGY TAX PREVENTION ACT

Sec. 4501. Short title.
Sec. 4502. No regulation of emissions of greenhouse gases.
Sec. 4503. Preserving one national standard for automobiles.

TITLE VI--REPEAL RESTRICTIONS ON GOVERNMENT USE OF DOMESTIC ALTERNATIVE
FUELS

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

TITLE VII--PUBLIC LANDS JOB CREATION ACT

Sec. 4701. Short title.
Sec. 4702. Review of certain Federal Register Notices.

DIVISION E--EXPORT PROMOTION

Sec. 5001. Short title.
Sec. 5002. Renewal of trade promotion authority.
Sec. 5003. Modification of standard for provisions that may be included
in implementing bills.

DIVISION A--SPENDING REFORM

TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

SEC. 1101. BALANCED BUDGET AMENDMENT TO THE CONSTITUTION.

It is the sense of Congress that S.J. Res 10 should be
passed and submitted to the states for ratification not later
than 90 days after the date of enactment of this Act.

TITLE II--ENHANCED RESCISSION AUTHORITY

SEC. 1201. PURPOSES.

The purpose of this title is to create an optional fast-
track procedure the President may use when submitting
rescission requests, which would lead to an up-or-down vote
by Congress on the President's package of rescissions,
without amendment.

SEC. 1202. RESCISSIONS OF FUNDING.

The Impoundment Control Act of 1974 is amended by striking
part C and inserting the following:

``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

``SEC. 1021. APPLICABILITY AND DISCLAIMER.

``The rules, procedures, requirements, and definitions in
this part apply only to executive and legislative actions
explicitly taken under this part. They do not apply to
actions taken under part B or to other executive and
legislative actions not taken under this part.

``SEC. 1022. DEFINITIONS.

``In this part:
``(1) The terms `appropriations Act', `budget authority',
and `new budget authority' have the same meanings as in
section 3 of the Congressional Budget Act of 1974.
``(2) The terms `account', `current year', `CBO', and `OMB'
have the same meanings as in section 250 of the Balanced
Budget and Emergency Deficit Control Act of 1985 as in effect
on September 30, 2002.
``(3) The term `days of session' shall be calculated by
excluding weekends and national holidays. Any day during
which a chamber of Congress is not in session shall not be
counted as a day of session of that chamber. Any day during
which neither chamber is in session shall not be counted as a
day of session of Congress.
``(4) The term `entitlement law' means the statutory
mandate or requirement of the United States to incur a
financial obligation

[[Page S7204]]

unless that obligation is explicitly conditioned on the
appropriation in subsequent legislation of sufficient funds
for that purpose, and the Supplemental Nutrition Assistance
Program.
``(5) The term `funding' refers to new budget authority and
obligation limits except to the extent that the funding is
provided for entitlement law.
``(6) The term `rescind' means to eliminate or reduce the
amount of enacted funding.
``(7) The terms `withhold' and `withholding' apply to any
executive action or inaction that precludes the obligation of
funding at a time when it would otherwise have been available
to an agency for obligation. The terms do not include
administrative or preparatory actions undertaken prior to
obligation in the normal course of implementing budget laws.

``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

``(a) Timing.--If the President proposes that Congress
rescind funding under the procedures in this part, OMB shall
transmit a message to Congress containing the information
specified in section 1024, and the message transmitting the
proposal shall be sent to Congress not later than 45 calendar
days after the date of enactment of the funding.
``(b) Packaging and Transmittal of Requested Rescissions.--
Except as provided in subsection (c), for each piece of
legislation that provides funding, the President shall
request at most 1 package of rescissions and the rescissions
in that package shall apply only to funding contained in that
legislation. OMB shall deliver each message requesting a
package of rescissions to the Secretary of the Senate if the
Senate is not in session and to the Clerk of the House of
Representatives if the House is not in session. OMB shall
make a copy of the transmittal message publicly available,
and shall publish in the Federal Register a notice of the
message and information on how it can be obtained.
``(c) Special Packaging Rules.--After enactment of--
``(1) a joint resolution making continuing appropriations;
``(2) a supplemental appropriations bill; or
``(3) an omnibus appropriations bill;
covering some or all of the activities customarily funded in
more than 1 regular appropriations bill, the President may
propose as many as 2 packages rescinding funding contained in
that legislation, each within the 45-day period specified in
subsection (a). OMB shall not include the same rescission in
both packages, and, if the President requests the rescission
of more than one discrete amount of funding under the
jurisdiction of a single subcommittee, OMB shall include each
of those discrete amounts in the same package.

``SEC. 1024. REQUESTS TO RESCIND FUNDING.

``For each request to rescind funding under this part, the
transmittal message shall--
``(1) specify--
``(A) the dollar amount to be rescinded;
``(B) the agency, bureau, and account from which the
rescission shall occur;
``(C) the program, project, or activity within the account
(if applicable) from which the rescission shall occur;
``(D) the amount of funding, if any, that would remain for
the account, program, project, or activity if the rescission
request is enacted; and
``(E) the reasons the President requests the rescission;
``(2) designate each separate rescission request by number;
and
``(3) include proposed legislative language to accomplish
the requested rescissions which may not include--
``(A) any changes in existing law, other than the
rescission of funding; or
``(B) any supplemental appropriations, transfers, or
reprogrammings.

``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL
AUTHORITY.

``(a) Presidential Authority To Withhold Funding.--
Notwithstanding any other provision of law and if the
President proposes a rescission of funding under this part,
OMB may, subject to the time limits provided in subsection
(c), temporarily withhold that funding from obligation.
``(b) Expedited Procedures Available Only Once Per Bill.--
The President may not invoke the procedures of this part, or
the authority to withhold funding granted by subsection (a),
on more than 1 occasion for any Act providing funding.
``(c) Time Limits.--OMB shall make available for obligation
any funding withheld under subsection (a) on the earliest
of--
``(1) the day on which the President determines that the
continued withholding or reduction no longer advances the
purpose of legislative consideration of the rescission
request;
``(2) starting from the day on which OMB transmitted a
message to Congress requesting the rescission of funding, 25
calendar days in which the House of Representatives has been
in session or 25 calendar days in which the Senate has been
in session, whichever occurs second; or
``(3) the last day after which the obligation of the
funding in question can no longer be fully accomplished in a
prudent manner before its expiration.
``(d) Deficit Reduction.--
``(1) In general.--Funds that are rescinded under this part
shall be dedicated only to reducing the deficit or increasing
the surplus.
``(2) Adjustment of levels in the concurrent resolution on
the budget.--Not later than 5 days after the date of
enactment of an approval bill as provided under this part,
the chairs of the Committees on the Budget of the Senate and
the House of Representatives shall revise allocations and
aggregates and other appropriate levels under the appropriate
concurrent resolution on the budget to reflect the repeal or
cancellation, and the applicable committees shall report
revised suballocations pursuant to section 302(b), as
appropriate.

``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION
REQUESTS.

``(a) Preparation of Legislation To Consider a Package of
Expedited Rescission Requests.--
``(1) In general.--If the House of Representatives receives
a package of expedited rescission requests, the Clerk shall
prepare a House bill that only rescinds the amounts requested
which shall read as follows:
`` `There are enacted the rescissions numbered [insert
number or numbers] as set forth in the Presidential message
of [insert date] transmitted under part C of the Impoundment
Control Act of 1974 as amended.'
``(2) Exclusion procedure.--The Clerk shall include in the
bill each numbered rescission request listed in the
Presidential package in question, except that the Clerk shall
omit a numbered rescission request if the Chairman of the
Committee on the Budget of the House, after consulting with
the Chairman of the Committee on the Budget of the Senate,
CBO, GAO, and the House and Senate committees that have
jurisdiction over the funding, determines that the numbered
rescission does not refer to funding or includes matter not
permitted under a request to rescind funding.
``(b) Introduction and Referral of Legislation To Enact a
Package of Expedited Rescissions.--The majority leader or the
minority leader of the House or Representatives, or a
designee, shall (by request) introduce each bill prepared
under subsection (a) not later than 4 days of session of the
House after its transmittal, or, if no such bill is
introduced within that period, any member of the House may
introduce the required bill in the required form on the fifth
or sixth day of session of the House after its transmittal.
If such an expedited rescission bill is introduced in
accordance with the preceding sentence, it shall be referred
to the House committee of jurisdiction. A copy of the
introduced House bill shall be transmitted to the Secretary
of the Senate, who shall provide it to the Senate committee
of jurisdiction.
``(c) House Report and Consideration of Legislation To
Enact a Package of Expedited Rescissions.--The House
committee of jurisdiction shall report without amendment the
bill referred to it under subsection (b) not more than 5 days
of session of the House after the referral. The committee may
order the bill reported favorably, unfavorably, or without
recommendation. If the committee has not reported the bill by
the end of the 5-day period, the committee shall be
automatically discharged from further consideration of the
bill and it shall be placed on the appropriate calendar.
``(d) House Motion To Proceed.--
``(1) In general.--After a bill to enact an expedited
rescission package has been reported or the committee of
jurisdiction has been discharged under subsection (c), it
shall be in order to move to proceed to consider the bill in
the House. A Member who wishes to move to proceed to
consideration of the bill shall announce that fact, and the
motion to proceed shall be in order only during a time
designated by the Speaker within the legislative schedule for
the next calendar day of legislative session or the one
immediately following it.
``(2) Failure to set time.--If the Speaker does not
designate a time under paragraph (1), 3 or more calendar days
of legislative session after the bill has been reported or
discharged, it shall be in order for any Member to move to
proceed to consider the bill.
``(3) Procedure.--A motion to proceed under this subsection
shall not be in order after the House has disposed of a prior
motion to proceed with respect to that package of expedited
rescissions. The previous question shall be considered as
ordered on the motion to proceed, without intervening motion.
A motion to reconsider the vote by which the motion to
proceed has been disposed of shall not be in order.
``(4) Removal from calendar.--If 5 calendar days of
legislative session have passed since the bill was reported
or discharged under this subsection and no Member has made a
motion to proceed, the bill shall be removed from the
calendar.
``(e) House Consideration.--
``(1) Considered as read.--A bill consisting of a package
of rescissions under this part shall be considered as read.
``(2) Points of order.--All points of order against the
bill are waived, except that a point of order may be made
that 1 or more numbered rescissions included in the bill
would enact language containing matter not requested by the
President or not permitted under this part as part of that
package. If the Presiding Officer sustains such a point of
order, the numbered rescission or rescissions that would
enact such language are deemed to be automatically stripped
from the bill and consideration proceeds on the bill as
modified.
``(3) Previous question.--The previous question shall be
considered as ordered on the bill to its passage without
intervening motion, except that 4 hours of debate equally
divided and controlled by a proponent and an opponent are
allowed, as well as 1 motion to further limit debate on the
bill.

[[Page S7205]]

``(4) Motion to reconsider.--A motion to reconsider the
vote on passage of the bill shall not be in order.
``(f) Senate Consideration.--
``(1) Referral.--If the House of Representatives approves a
House bill enacting a package of rescissions, that bill as
passed by the House shall be sent to the Senate and referred
to the Senate committee of jurisdiction.
``(2) Committee action.--The committee of jurisdiction
shall report without amendment the bill referred to it under
this subsection not later than 3 days of session of the
Senate after the referral. The committee may order the bill
reported favorably, unfavorably, or without recommendation.
``(3) Discharge.--If the committee has not reported the
bill by the end of the 3-day period, the committee shall be
automatically discharged from further consideration of the
bill and it shall be placed on the appropriate calendar.
``(4) Motion to proceed.--On the following day and for 3
subsequent calendar days in which the Senate is in session,
it shall be in order for any Senator to move to proceed to
consider the bill in the Senate. Upon such a motion being
made, it shall be deemed to have been agreed to and the
motion to reconsider shall be deemed to have been laid on the
table.
``(5) Debate.--Debate on the bill in the Senate under this
subsection, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours, equally
divided and controlled in the usual form. Debate in the
Senate on any debatable motion or appeal in connection with
such a bill shall be limited to not more than 1 hour, to be
equally divided and controlled in the usual form. A motion to
further limit debate on such a bill is not debatable.
``(6) Motions not in order.--A motion to amend such a bill
or strike a provision from it is not in order. A motion to
recommit such a bill is not in order.
``(g) Senate Point of Order.--It shall not be in order
under this part for the Senate to consider a bill approved by
the House enacting a package of rescissions under this part
if any numbered rescission in the bill would enact matter not
requested by the President or not permitted under this Act as
part of that package. If a point of order under this
subsection is sustained, the bill may not be considered under
this part.''.

SEC. 1203. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Table of Contents.--Section 1(b) of the Congressional
Budget and Impoundment Control Act of 1974 is amended by
striking the matter for part C of title X and inserting the
following:

``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.

(b) Temporary Withholding.--Section 1013(c) of the
Impoundment Control Act of 1974 is amended by striking
``section 1012'' and inserting ``section 1012 or section
1025''.
(c) Rulemaking.--
(1) 904(a).--Section 904(a) of the Congressional Budget Act
of 1974 is amended by striking ``and 1017'' and inserting
``1017, and 1026''.
(2) 904(d)(1).--Section 904(d)(1) of the Congressional
Budget Act of 1974 is amended by striking ``1017'' and
inserting ``1017 or 1026''.

SEC. 1204. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL
ACT.

(a) In General.--Part A of the Impoundment Control Act of
1974 is amended by inserting at the end the following:

``SEC. 1002. SEVERABILITY.

``If the judicial branch of the United States finally
determines that 1 or more of the provisions of parts B or C
violate the Constitution of the United States, the remaining
provisions of those parts shall continue in effect.''.
(b) Table of Contents.--Section 1(b) of the Congressional
Budget and Impoundment Control Act of 1974 is amended by
inserting at the end of the matter for part A of title X the
following:

``Sec. 1002. Severability.''.

SEC. 1205. EXPIRATION.

Part C of the Impoundment Control Act of 1974 (as amended
by this Act) shall expire on December 31, 2015.

DIVISION B--TAX REFORM

TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSES

SEC. 2101. TAX REFORM FOR FAMILIES AND SMALL BUSINESSES.

(a) In General.--The Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives shall report legislation that will lower,
consolidate, and simplify the individual income tax system,
with not more than 3 tax rates, the highest being 25 percent.
Such legislation shall be reported not later than 60 days
after the date of the enactment of this Act and shall be
revenue neutral as scored by the Joint Committee on Taxation
using a current policy baseline.
(b) Legislation Goals.--Such reported legislation shall be
required to achieve the following:
(1) Reduced tax liability.--Lower the overall tax burden
for the majority of American individual taxpayers.
(2) Simplification.--Close tax loopholes and eliminate
frivolous deductions and certain tax credits, at the
discretion of each Committee, in order to reduce tax
expenditures and simplify the tax code.
(3) Consolidation.--Provide necessary changes in order to
consolidate the individual income tax system consistent with
the tax rates specified in subsection (a).
(4) Standard deduction and personal exemptions.--Revise the
amount provided for the standard deduction and personal
exemptions in conjunction with the elimination of certain
deductions and credits in order to reduce the overall tax
liability of the majority of American individual taxpayers.

(c) Additional Changes.--Such Committees shall include in
such legislation any further changes to the individual income
tax system in order to ensure tax reductions and
simplifications consistent with the goals of this Act.

TITLE II--TAX REFORM FOR EMPLOYERS

SEC. 2201. REDUCTION IN CORPORATE INCOME TAX RATES AND REFORM
OF BUSINESS TAX.

(a) In General.--The Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives shall report legislation that will lower,
consolidate, and simplify the corporate income tax system,
with a top tax rate of 25 percent and a consolidation of the
system into 2 tax rates. Such legislation shall be reported
not later than 60 days after the date of the enactment of
this Act and shall be revenue neutral as scored by the Joint
Committee on Taxation using a current policy baseline.
(b) Legislation Goals.--Such reported legislation shall be
required to achieve the following:
(1) Reduced tax liability.--Lower the overall tax rates for
American corporations and businesses.
(2) Simplification.--Close tax loopholes and eliminate
industry specific deductions and certain tax credits,
including the elimination of industry specific taxes, at the
discretion of each Committee, in order to reduce tax
expenditures and simplify the tax code.
(3) Territorial tax system.--Establishment of a territorial
tax system, including strong incentives to repatriate
overseas capital, in lieu of the current worldwide tax
system.
(4) Consolidation.--Provide necessary changes in order to
consolidate the corporate income tax system with a total of
two tax rates, the top tax rate of 25 percent and a lower tax
rate as determined by the Committees as specified in
subsection (a).
(c) Additional Changes.--Such Committees shall include in
such legislation any further changes to the corporate income
tax system in order to ensure tax reductions and
simplifications consistent with the goals of this Act.

TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011

SEC. 2301. SHORT TITLE.

This title may be cited as the ``Withholding Tax Relief Act
of 2011''.

SEC. 2302. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN
PAYMENTS MADE TO VENDORS BY GOVERNMENT
ENTITIES.

The amendment made by section 511 of the Tax Increase
Prevention and Reconciliation Act of 2005 is repealed and the
Internal Revenue Code of 1986 shall be applied as if such
amendment had never been enacted.

SEC. 2303. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS
IN REVENUES.

(a) In General.--Notwithstanding any other provision of
law, of all available unobligated funds, $39,000,000,000 in
appropriated discretionary funds are hereby permanently
rescinded.
(b) Implementation.--The Director of the Office of
Management and Budget shall determine and identify from which
appropriation accounts the rescission under subsection (a)
shall apply and the amount of such rescission that shall
apply to each such account. Not later than 60 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall submit a report to the
Secretary of the Treasury and Congress of the accounts and
amounts determined and identified for rescission under the
preceding sentence.
(c) Exception.--This section shall not apply to the
unobligated funds of the Department of Defense or the
Department of Veterans Affairs.

DIVISION C--REGULATION REFORM

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

SEC. 3101. REPEAL OF THE JOB-KILLING HEALTH CARE LAW AND
HEALTH CARE-RELATED PROVISIONS IN THE HEALTH
CARE AND EDUCATION RECONCILIATION ACT OF 2010.

(a) Job-Killing Health Care Law.--Effective as of the
enactment of Public Law 111-148, such Act is repealed, and
the provisions of law amended or repealed by such Act are
restored or revived as if such Act had not been enacted.
(b) Health Care-Related Provisions in the Health Care and
Education Reconciliation Act of 2010.--Effective as of the
enactment of the Health Care and Education Reconciliation Act
of 2010 (Public Law 111-152), title I and subtitle B of title
II of such Act are repealed, and the provisions of law

[[Page S7206]]

amended or repealed by such title or subtitle, respectively,
are restored or revived as if such title and subtitle had not
been enacted.

SEC. 3102. BUDGETARY EFFECTS OF THIS SUBTITLE.

The budgetary effects of this title, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this title,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted
prior to the vote on passage of this title.

TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011

SEC. 3201. SHORT TITLE.

This title may be cited as the ``Medical Care Access
Protection Act of 2011'' or the ``MCAP Act''.

SEC. 3202. FINDINGS AND PURPOSE.

(a) Findings.--
(1) Effect on health care access and costs.--Congress finds
that our current civil justice system is adversely affecting
patient access to health care services, better patient care,
and cost-efficient health care, in that the health care
liability system is a costly and ineffective mechanism for
resolving claims of health care liability and compensating
injured patients, and is a deterrent to the sharing of
information among health care professionals which impedes
efforts to improve patient safety and quality of care.
(2) Effect on interstate commerce.--Congress finds that the
health care and insurance industries are industries affecting
interstate commerce and the health care liability litigation
systems existing throughout the United States are activities
that affect interstate commerce by contributing to the high
costs of health care and premiums for health care liability
insurance purchased by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive health care
benefits under programs operated or financed by the Federal
Government;
(B) the large number of individuals who benefit because of
the exclusion from Federal taxes of the amounts spent to
provide them with health insurance benefits; and
(C) the large number of health care providers who provide
items or services for which the Federal Government makes
payments.
(b) Purpose.--It is the purpose of this title is to
implement reasonable, comprehensive, and effective health
care liability reforms designed to--
(1) improve the availability of health care services in
cases in which health care liability actions have been shown
to be a factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of
which contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes
over, and provide compensation for, health care liability by
reducing uncertainty in the amount of compensation provided
to injured individuals; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.

SEC. 3203. DEFINITIONS.

In this title:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care institution, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, care, or treatment of
any human disease or impairment, or the assessment of the
health of human beings.
(8) Health care institution.--The term ``health care
institution'' means any entity licensed under Federal or
State law to provide health care services (including but not
limited to ambulatory surgical centers, assisted living
facilities, emergency medical services providers, hospices,
hospitals and hospital systems, nursing homes, or other
entities licensed to provide such services).
(9) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of health care goods or services affecting
interstate commerce, or any health care liability action
concerning the provision of (or the failure to provide)
health care goods or services affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider or a health care institution regardless of the
theory of liability on which the claim is based, or the
number of claimants, plaintiffs, defendants, or other
parties, or the number of claims or causes of action, in
which the claimant alleges a health care liability claim.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider or a health
care institution regardless of the theory of liability on
which the claim is based, or the number of plaintiffs,
defendants, or other parties, or the number of causes of
action, in which the claimant alleges a health care liability
claim.
(11) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider or health
care institution, including third-party claims, cross-claims,
counter-claims, or contribution claims, which are based upon
the provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care services, regardless of
the theory of liability on which the claim is based, or the
number of plaintiffs, defendants, or other parties, or the
number of causes of action.
(12) Health care provider.--
(A) In general.--The term ``health care provider'' means
any person (including but not limited to a physician (as
defined by section 1861(r) of the Social Security Act (42
U.S.C. 1395x(r)), registered nurse, dentist, podiatrist,
pharmacist, chiropractor, or optometrist) required by State
or Federal law to be licensed, registered, or certified to
provide health care services, and being either so licensed,
registered, or certified, or exempted from such requirement
by other statute or regulation.
(B) Treatment of certain professional associations.--For
purposes of this Act, a professional association that is
organized under State law by an individual physician or group
of physicians, a partnership or limited liability partnership
formed by a group of physicians, a nonprofit health
corporation certified under State law, or a company formed by
a group of physicians under State law shall be treated as a
health care provider under subparagraph (A).
(13) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss

[[Page S7207]]

of consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature.
(15) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider or health care institution. Punitive damages
are neither economic nor noneconomic damages.
(16) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.

SEC. 3204. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit shall be 3 years after the date of manifestation of
injury or 1 year after the claimant discovers, or through the
use of reasonable diligence should have discovered, the
injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except that if such minor is under the full age of 6 years,
such action shall be commenced within 3 years of the
manifestation of injury, or prior to the eighth birthday of
the minor, whichever provides a longer period. Such time
limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or
health care institution have committed fraud or collusion in
the failure to bring an action on behalf of the injured
minor.
(d) Rule 11 Sanctions.--Whenever a Federal or State court
determines (whether by motion of the parties or whether on
the motion of the court) that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure (or a similar
violation of applicable State court rules) in a health care
liability action to which this Act applies, the court shall
impose upon the attorneys, law firms, or pro se litigants
that have violated Rule 11 or are responsible for the
violation, an appropriate sanction, which shall include an
order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorneys' fee. Such
sanction shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated,
and to compensate the party or parties injured by such
conduct.

SEC. 3205. COMPENSATING PATIENT INJURY.

(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing
in this Act shall limit the recovery by a claimant of the
full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--
(1) Health care providers.--In any health care lawsuit
where final judgment is rendered against a health care
provider, the amount of noneconomic damages recovered from
the provider, if otherwise available under applicable Federal
or State law, may be as much as $250,000, regardless of the
number of parties other than a health care institution
against whom the action is brought or the number of separate
claims or actions brought with respect to the same
occurrence.
(2) Health care institutions.--
(A) Single institution.--In any health care lawsuit where
final judgment is rendered against a single health care
institution, the amount of noneconomic damages recovered from
the institution, if otherwise available under applicable
Federal or State law, may be as much as $250,000, regardless
of the number of parties against whom the action is brought
or the number of separate claims or actions brought with
respect to the same occurrence.
(B) Multiple institutions.--In any health care lawsuit
where final judgment is rendered against more than one health
care institution, the amount of noneconomic damages recovered
from each institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence, except that the
total amount recovered from all such institutions in such
lawsuit shall not exceed $500,000.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of the
limitations provided for in subsection (b) shall be reduced
either before the entry of judgment, or by amendment of the
judgment after entry of judgment, and such reduction shall be
made before accounting for any other reduction in damages
required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed the
limitations described in subsection (b), the future
noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.

SEC. 3206. MAXIMIZING PATIENT RECOVERY.

(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) Forty percent of the first $50,000 recovered by the
claimant(s).
(ii) Thirty-three and one-third percent of the next $50,000
recovered by the claimant(s).
(iii) Twenty-five percent of the next $500,000 recovered by
the claimant(s).
(iv) Fifteen percent of any amount by which the recovery by
the claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.

SEC. 3207. ADDITIONAL HEALTH BENEFITS.

(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits

[[Page S7208]]

to which the claimant is entitled, less any insurance
premiums or other payments made by the claimant (or by the
spouse, parent, child, or legal guardian of the claimant) to
obtain or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.

SEC. 3208. PUNITIVE DAMAGES.

(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.
(c) Liability of Health Care Providers.--
(1) In general.--A health care provider who prescribes, or
who dispenses pursuant to a prescription, a drug, biological
product, or medical device approved by the Food and Drug
Administration, for an approved indication of the drug,
biological product, or medical device, shall not be named as
a party to a product liability lawsuit invoking such drug,
biological product, or medical device and shall not be liable
to a claimant in a class action lawsuit against the
manufacturer, distributor, or product seller of such drug,
biological product, or medical device.
(2) Medical product.--The term ``medical product'' means a
drug or device intended for humans. The terms ``drug'' and
``device'' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321), respectively, including any component or
raw material used therein, but excluding health care
services.

SEC. 3209. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.

(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments in accordance with the Uniform Periodic
Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this Act.

SEC. 3210. EFFECT ON OTHER LAWS.

(a) General Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this Act shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this Act in conflict with
a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this Act or otherwise
applicable law (as determined under this Act) will apply to
such aspect of such action.
(b) Smallpox Vaccine Injury.--
(1) In general.--To the extent that part C of title II of
the Public Health Service Act establishes a Federal rule of
law applicable to a civil action brought for a smallpox
vaccine-related injury or death--
(A) this Act shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this Act in conflict with
a rule of law of such part C shall not apply to such action.
(2) Exception.--If there is an aspect of a civil action
brought for a smallpox vaccine-related injury or death to
which a Federal rule of law under part C of title II of the
Public Health Service Act does not apply, then this Act or
otherwise applicable law (as determined under this Act) will
apply to such aspect of such action.
(c) Other Federal Law.--Except as provided in this section,
nothing in this Act shall be deemed to affect any defense
available, or any limitation on liability that applies to, a
defendant in a health care lawsuit or action under any other
provision of Federal law.

SEC. 3211. STATE FLEXIBILITY AND PROTECTION OF STATES'
RIGHTS.

(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this Act shall preempt, subject to
subsections (b) and (c), State law to the extent that State
law prevents the application of any provisions of law
established by or under this Act. The provisions governing
health care lawsuits set forth in this Act supersede chapter
171 of title 28, United States Code, to the extent that such
chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this Act; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--No provision of this
Act shall be construed to preempt any State law (whether
effective before, on, or after the date of the enactment of
this Act) that specifies a particular monetary amount of
compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit,
regardless of whether such monetary amount is greater or
lesser than is provided for under this Act, notwithstanding
section 5(a).
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this Act (including
the State standards of negligence) shall be governed by
otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this Act shall be
construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections (such
as a shorter statute of limitations) for a health care
provider or health care institution from liability, loss, or
damages than those provided by this Act;
(B) preempt or supercede any State law that permits and
provides for the enforcement of any arbitration agreement
related to a health care liability claim whether enacted
prior to or after the date of enactment of this Act;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.

SEC. 3212. APPLICABILITY; EFFECTIVE DATE.

This title shall apply to any health care lawsuit brought
in a Federal or State court, or subject to an alternative
dispute resolution system, that is initiated on or after the
date of the enactment of this Act, except that any health
care lawsuit arising from an injury occurring prior to the
date of enactment of this title shall be governed by the
applicable statute of limitations provisions in effect at the
time the injury occurred.

TITLE III--FINANCIAL TAKEOVER REPEAL

SEC. 3301. REPEAL.

The Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203) is repealed, and the provisions of
law amended by such Act are revived or restored as if such
Act had not been enacted.

TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS
ACT)

SEC. 3401. SHORT TITLE.

This title may be cited as ``REINS Act''.

SEC. 3402. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:

[[Page S7209]]

(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 Act 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 Act is to increase
accountability for and transparency in the Federal regulatory
process.

SEC. 3403. 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

[[Page S7210]]

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' means any agency as that
term is defined in section 551(1);
``(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;
or
``(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.

``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

[[Page S7211]]

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--REGULATION MORATORIUM AND JOBS PRESERVATION ACT

SEC. 3501. SHORT TITLE.

This title may be cited as the ``Regulation Moratorium and
Jobs Preservation Act''.

SEC. 3502. DEFINITIONS.

In this title--
(1) the term ``agency'' has the meaning given under section
3502(1) of title 44, United States Code;
(2) the term ``regulatory action'' means any substantive
action by an agency that promulgates or is expected to lead
to the promulgation of a final regulation, including notices
of inquiry, advance notices of proposed rulemaking, and
notices of proposed rulemaking;
(3) the term ``significant regulatory action'' means any
regulatory action that is likely to result in a rule or
guidance that may--
(A) have an annual effect on the economy of $100,000,000 or
more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, small entities, or
State, local, or tribal governments or communities;
(B) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(C) materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or
(D) raise novel legal or policy issues; and
(4) the term ``small entities'' has the meaning given under
section 601(6) of title 5, United States Code.

SEC. 3503. SIGNIFICANT REGULATORY ACTIONS.

(a) In General.--No agency may take any significant
regulatory action, until the Bureau of Labor Statistics
average of monthly unemployment rates for any quarter
beginning after the date of enactment of this Act is equal to
or less than 7.7 percent.
(b) Determination.--The Secretary of Labor shall submit a
report to the Director of the Office of Management and Budget
whenever the Secretary determines that the Bureau of Labor
Statistics average of monthly unemployment rates for any
quarter beginning after the date of enactment of this Act is
equal to or less than 7.7 percent.

SEC. 3504. WAIVERS.

(a) National Security or National Emergency.--The President
may waive the application of section 3 to any significant
regulatory action, if the President--
(1) determines that the waiver is necessary on the basis of
national security or a national emergency; and
(2) submits notification to Congress of that waiver and the
reasons for that waiver.
(b) Additional Waivers.--
(1) Submission.--The President may submit a request to
Congress for a waiver of the application of section 3 to any
significant regulatory action.
(2) Contents.--A submission under this subsection shall
include--
(A) an identification of the significant regulatory action;
and
(B) the reasons which necessitate a waiver for that
significant regulatory action.
(3) Congressional action.--Congress shall give expeditious
consideration and take appropriate legislative action with
respect to any waiver request submitted under this
subsection.

SEC. 3505. JUDICIAL REVIEW.

(a) Definition.--In this section, the term ``small
business'' means any business, including an unincorporated
business or a sole proprietorship, that employs not more than
500 employees or that has a net worth of less than $7,000,000
on the date a civil action arising under this Act is filed.
(b) Review.--Any person that is adversely affected or
aggrieved by any significant regulatory action in violation
of this Act is entitled to judicial review in accordance with
chapter 7 of title 5, United States Code.
(c) Jurisdiction.--Each court having jurisdiction to review
any significant regulatory action for compliance with any
other provision of law shall have jurisdiction to review all
claims under this Act.
(d) Relief.--In granting any relief in any civil action
under this section, the court shall order the agency to take
corrective action consistent with this Act and chapter 7 of
title 5, United States Code, including remanding the
significant regulatory action to the agency and enjoining the
application or enforcement of that significant regulatory
action, unless the court finds by a preponderance of the
evidence that application or enforcement is required to
protect against an imminent and serious threat to the
national security from persons or states engaged in hostile
or military activities against the United States.
(e) Reasonable Attorney Fees for Small Businesses.--The
court shall award reasonable attorney fees and costs to a
substantially prevailing small business in any civil action
arising under this Act. A party qualifies as substantially
prevailing even without obtaining a final judgment in its
favor if the agency changes its position as a result of the
civil action.
(f) Limitation on Commencing Civil Action.--A person may
seek and obtain judicial review during the 1-year period
beginning on the date of the challenged agency action or
within 90 days after an enforcement action or notice thereof,
except that where another provision of law requires that a
civil action be commenced before the expiration of that 1-
year period, such lesser period shall apply.

TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND
ONEROUS MANDATES ACT OF 2011

SEC. 3601. SHORT TITLE.

This title may be cited as the ``Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of
2011''.

SEC. 3602. FINDINGS.

Congress finds the following:
(1) A vibrant and growing small business sector is critical
to the recovery of the economy of the United States.
(2) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities, sometimes inhibiting the ability of
small entities to create new jobs.
(3) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities unnecessary and disproportionately burdensome
demands, including legal, accounting, and consulting costs,
thereby threatening the viability of small entities and the
ability of small entities to compete and create new jobs in a
global marketplace.
(4) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale
and resources of regulated entities, but in many instances
have failed to do so.
(5) In 2009, there were nearly 70,000 pages in the Federal
Register, and, according to research by the Office of
Advocacy of the Small Business Administration, the annual
cost of Federal regulations totals $1,750,000,000,000. Small
firms bear a disproportionate burden, paying approximately 36
percent more per employee than larger firms in annual
regulatory compliance costs.
(6) All agencies in the Federal Government should fully
consider the costs, including indirect economic impacts and
the potential for job loss, of proposed rules, periodically
review existing regulations to determine their impact on
small entities, and repeal regulations that are unnecessarily
duplicative or have outlived their stated purpose.
(7) It is the intention of Congress to amend chapter 6 of
title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking
process and that the agencies assess a full range of
alternatives that will limit adverse economic consequences,
enhance economic benefits, and fully address potential job
loss.

SEC. 3603. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY
ANALYSES.

Section 601 of title 5, United States Code, is amended by
adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) the economic effects on small entities directly
regulated by the rule; and
``(B) the reasonably foreseeable economic effects of the
rule on small entities that--
``(i) purchase products or services from, sell products or
services to, or otherwise conduct business with entities
directly regulated by the rule;
``(ii) are directly regulated by other governmental
entities as a result of the rule; or
``(iii) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other agency
regulations as a result of the rule.''.

SEC. 3604. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO
CHALLENGE PROPOSED REGULATIONS.

Section 611(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``603,'' after ``601,'';
(2) in paragraph (2), by inserting ``603,'' after ``601,'';
(3) by striking paragraph (3) and inserting the following:
``(3) A small entity may seek such review during the 1-year
period beginning on the date of final agency action, except
that--
``(A) if a provision of law requires that an action
challenging a final agency action be commenced before the
expiration of 1 year, the lesser period shall apply to an
action for judicial review under this section; and
``(B) in the case of noncompliance with section 603 or
605(b), a small entity may seek judicial review of agency
compliance with such section before the close of the public
comment period.''; and
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;

[[Page S7212]]

(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) issuing an injunction prohibiting an agency from
taking any agency action with respect to a rulemaking until
that agency is in compliance with the requirements of section
603 or 605.''.

SEC. 3605. PERIODIC REVIEW.

Section 610 of title 5, United States Code, is amended to
read as follows:

``Sec. 610. Periodic review of rules

``(a)(1) Not later than 180 days after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2011, each agency shall
establish a plan for the periodic review of--
``(A) each rule issued by the agency that the head of the
agency determines has a significant economic impact on a
substantial number of small entities, without regard to
whether the agency performed an analysis under section 604
with respect to the rule; and
``(B) any small entity compliance guide required to be
published by the agency under section 212 of the Small
Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 601 note).
``(2) In reviewing rules and small entity compliance guides
under paragraph (1), the agency shall determine whether the
rules and guides should--
``(A) be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any
significant adverse economic impacts on a substantial number
of small entities (including an estimate of any adverse
impacts on job creation and employment by small entities); or
``(B) continue in effect without change.
``(3) Each agency shall publish the plan established under
paragraph (1) in the Federal Register and on the Web site of
the agency.
``(4) An agency may amend the plan established under
paragraph (1) at any time by publishing the amendment in the
Federal Register and on the Web site of the agency.
``(b) Each plan established under subsection (a) shall
provide for--
``(1) the review of each rule and small entity compliance
guide described in subsection (a)(1) in effect on the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2011--
``(A) not later than 9 years after the date of publication
of the plan in the Federal Register; and
``(B) every 9 years thereafter; and
``(2) the review of each rule adopted and small entity
compliance guide described in subsection (a)(1) that is
published after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2011--
``(A) not later than 9 years after the publication of the
final rule in the Federal Register; and
``(B) every 9 years thereafter.
``(c) In reviewing rules under the plan required under
subsection (a), the agency shall consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of
the agency determines it to be infeasible, State and local
rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such a calculation cannot be made;
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the economic impact of the rule, including--
``(A) the estimated number of small entities to which the
rule will apply;
``(B) the estimated number of small entity jobs that will
be lost or created due to the rule; and
``(C) the projected reporting, recordkeeping, and other
compliance requirements of the proposed rule, including--
``(i) an estimate of the classes of small entities that
will be subject to the requirement; and
``(ii) the type of professional skills necessary for
preparation of the report or record.
``(d)(1) Each agency shall submit an annual report
regarding the results of the review required under subsection
(a) to--
``(A) Congress; and
``(B) in the case of an agency that is not an independent
regulatory agency (as defined in section 3502(5) of title
44), the Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
``(2) Each report required under paragraph (1) shall
include a description of any rule or guide with respect to
which the agency made a determination of infeasibility under
paragraph (5) or (6) of subsection (c), together with a
detailed explanation of the reasons for the determination.
``(e) Each agency shall publish in the Federal Register and
on the Web site of the agency a list of the rules and small
entity compliance guides to be reviewed under the plan
required under subsection (a) that includes--
``(1) a brief description of each rule or guide;
``(2) for each rule, the reason why the head of the agency
determined that the rule has a significant economic impact on
a substantial number of small entities (without regard to
whether the agency had prepared a final regulatory
flexibility analysis for the rule); and
``(3) a request for comments from the public, the Chief
Counsel for Advocacy of the Small Business Administration,
and the Regulatory Enforcement Ombudsman concerning the
enforcement of the rules or publication of the guides.
``(f)(1) Not later than 6 months after each date described
in subsection (b)(1), the Inspector General for each agency
shall--
``(A) determine whether the agency has conducted the review
required under subsection (b) appropriately; and
``(B) notify the head of the agency of--
``(i) the results of the determination under subparagraph
(A); and
``(ii) any issues preventing the Inspector General from
determining that the agency has conducted the review under
subsection (b) appropriately.
``(2)(A) Not later than 6 months after the date on which
the head of an agency receives a notice under paragraph
(1)(B) that the agency has not conducted the review under
subsection (b) appropriately, the agency shall address the
issues identified in the notice.
``(B) Not later than 30 days after the last day of the 6-
month period described in subparagraph (A), the Inspector
General for an agency that receives a notice described in
subparagraph (A) shall--
``(i) determine whether the agency has addressed the issues
identified in the notice; and
``(ii) notify Congress if the Inspector General determines
that the agency has not addressed the issues identified in
the notice; and
``(C) Not later than 30 days after the date on which the
Inspector General for an agency transmits a notice under
subparagraph (B)(ii), an amount equal to 1 percent of the
amount appropriated for the fiscal year to the appropriations
account of the agency that is used to pay salaries shall be
rescinded.
``(D) Nothing in this paragraph may be construed to prevent
Congress from acting to prevent a rescission under
subparagraph (C).''.

SEC. 3606. REQUIRING SMALL BUSINESS REVIEW PANELS FOR
ADDITIONAL AGENCIES.

(a) Agencies.--Section 609 of title 5, United States Code,
is amended--
(1) in subsection (b)--
(A) by striking ``a covered agency'' the first place it
appears and inserting ``an agency designated under subsection
(d)''; and
(B) by striking ``a covered agency'' each place it appears
and inserting ``the agency'';
(2) by striking subsection (d), as amended by section
1100G(a) of Public Law 111-203 (124 Stat. 2112), and
inserting the following:
``(d)(1)(A) On and after the date of enactment of the
Freedom from Restrictive Excessive Executive Demands and
Onerous Mandates Act of 2011, the Environmental Protection
Agency and the Occupational Safety and Health Administration
of the Department of Labor shall be--
``(i) agencies designated under this subsection; and
``(ii) subject to the requirements of subsection (b).
``(B) On and after the designated transfer date established
under section 1062 of Public Law 111-203 (12 U.S.C. 5582),
the Bureau of Consumer Financial Protection shall be--
``(i) an agency designated under this subsection; and
``(ii) subject to the requirements of subsection (b).
``(2) The Chief Counsel for Advocacy shall designate as
agencies that shall be subject to the requirements of
subsection (b) on and after the date of the designation--
``(A) 3 agencies for the first year after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2011;
``(B) in addition to the agencies designated under
subparagraph (A), 3 agencies for the second year after the
date of enactment of the Freedom from Restrictive Excessive
Executive Demands and Onerous Mandates Act of 2011; and
``(C) in addition to the agencies designated under
subparagraphs (A) and (B), 3 agencies for the third year
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2011.
``(3) The Chief Counsel for Advocacy shall designate
agencies under paragraph (2) based on the economic impact of
the rules of the agency on small entities, beginning with
agencies with the largest economic impact on small
entities.''; and
(3) in subsection (e)(1), by striking ``the covered
agency'' and inserting ``the agency''.
(b) Technical and Conforming Amendments.--
(1) Section 603.--Section 603(d) of title 5, United States
Code, as added by section 1100G(b) of Public Law 111-203 (124
Stat. 2112), is amended--
(A) in paragraph (1), by striking ``a covered agency, as
defined in section 609(d)(2)'' and

[[Page S7213]]

inserting ``the Bureau of Consumer Financial Protection'';
and
(B) in paragraph (2), by striking ``A covered agency, as
defined in section 609(d)(2),'' and inserting ``The Bureau of
Consumer Financial Protection''.
(2) Section 604.--Section 604(a) of title 5, United States
Code, is amended--
(A) by redesignating the second paragraph designated as
paragraph (6) (relating to covered agencies), as added by
section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113),
as paragraph (7); and
(B) in paragraph (7), as so redesignated--
(i) by striking ``a covered agency, as defined in section
609(d)(2)'' and inserting ``the Bureau of Consumer Financial
Protection''; and
(ii) by striking ``the agency'' and inserting ``the
Bureau''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act and
apply on and after the designated transfer date established
under section 1062 of Public Law 111-203 (12 U.S.C. 5582).

SEC. 3607. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY
GUIDANCE DOCUMENTS.

Section 601(2) of title 5, United States Code, is amended
by inserting after ``public comment'' the following: ``and
any significant guidance document, as defined in the Office
of Management and Budget Final Bulletin for Agency Good
Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

SEC. 3608. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER
SMALL ENTITY IMPACT.

(a) In General.--Section 603(a) of title 5, United States
Code, is amended, in the fifth sentence, by striking ``but
only'' and all that follows through the period at the end and
inserting ``but only to the extent that such interpretative
rules, or the statutes upon which such rules are based,
impose on small entities a collection of information
requirement or a recordkeeping requirement.''.
(b) Definitions.--Section 601 of title 5, United States
Code, as amended by section 3 of this Act, is amended--
(1) in paragraph (6), by striking ``and'' at the end; and
(2) by striking paragraphs (7) and (8) and inserting the
following:
``(7) the term `collection of information' has the meaning
given that term in section 3502(3) of title 44;
``(8) the term `recordkeeping requirement' has the meaning
given that term in section 3502(13) of title 44; and''.

SEC. 3609. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL
ENTITIES.

Section 223 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
(1) in subsection (a)--
(A) by striking ``Each agency'' and inserting the
following:
``(1) Establishment of policy or program.--Each agency'';
and
(B) by adding at the end the following:
``(2) Review of civil penalties.--Not later than 2 years
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2011,
and every 2 years thereafter, each agency regulating the
activities of small entities shall review the civil penalties
imposed by the agency for violations of a statutory or
regulatory requirement by a small entity to determine whether
a reduction or waiver of the civil penalties is
appropriate.''; and
(2) in subsection (c)--
(A) by striking ``Agencies shall report'' and all that
follows through ``the scope'' and inserting ``Not later than
2 years after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2011, and every 2 years thereafter, each agency shall
submit to the Committee on Small Business and
Entrepreneurship and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Small
Business and the Committee on the Judiciary of the House of
Representatives a report discussing the scope''; and
(B) by striking ``and the total amount of penalty
reductions and waivers'' and inserting ``the total amount of
penalty reductions and waivers, and the results of the most
recent review under subsection (a)(2)''.

SEC. 3610. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

(a) Initial Regulatory Flexibility Analysis.--Section 603
of title 5, United States Code, as amended by section
1100G(b) of Public Law 111-203 (124 Stat. 2112), is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required
under this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of
professional skills necessary for preparation of the report
and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or
the reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities, including job loss by
small entities, beyond that already imposed on the class of
small entities by the agency, or the reasons why such an
estimate is not available.''; and
(2) by adding at the end the following:
``(e) An agency shall notify the Chief Counsel for Advocacy
of the Small Business Administration of any draft rules that
may have a significant economic impact on a substantial
number of small entities--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs of the Office of
Management and Budget under Executive Order 12866, if that
order requires the submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is required--
``(A) a reasonable period before publication of the rule by
the agency; and
``(B) in any event, not later than 3 months before the date
on which the agency publishes the rule.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) by inserting ``detailed'' before ``description'' each
place it appears;
(B) in paragraph (2)--
(i) by inserting ``detailed'' before ``statement'' each
place it appears; and
(ii) by inserting ``(or certification of the proposed rule
under section 605(b))'' after ``initial regulatory
flexibility analysis'';
(C) in paragraph (4), by striking ``an explanation'' and
inserting ``a detailed explanation''; and
(D) in paragraph (6) (relating to a description of steps
taken to minimize significant economic impact), as added by
section 1601 of the Small Business Jobs Act of 2010 (Public
Law 111-240; 124 Stat. 2251), by inserting ``detailed''
before ``statement''.
(2) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall--
``(1) make copies of the final regulatory flexibility
analysis available to the public, including by publishing the
entire final regulatory flexibility analysis on the Web site
of the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary of the analysis that
includes the telephone number, mailing address, and address
of the Web site where the complete final regulatory
flexibility analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of
title 5, United States Code, is amended to read as follows:
``(a) A Federal agency shall be deemed to have satisfied a
requirement regarding the content of a regulatory flexibility
agenda or regulatory flexibility analysis under section 602,
603, or 604, if the Federal agency provides in the agenda or
regulatory flexibility analysis a cross-reference to the
specific portion of an agenda or analysis that is required by
another law and that satisfies the requirement under section
602, 603, or 604.''.
(d) Certifications.--Section 605(b) of title 5, United
States Code, is amended, in the second sentence, by striking
``statement providing the factual'' and inserting ``detailed
statement providing the factual and legal''.
(e) Quantification Requirements.--Section 607 of title 5,
United States Code, is amended to read as follows:

``Sec. 607. Quantification requirements

``In complying with sections 603 and 604, an agency shall
provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule, including an estimate
of the potential for job loss, and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement regarding the
potential for job loss and a detailed statement explaining
why quantification under paragraph (1) is not practicable or
reliable.''.

SEC. 3611. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY
IMPACT DURING THE RULEMAKING PROCESS.

Section 605(b) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If, after publication of the certification required
under paragraph (1), the head of the agency determines that
there will be a significant economic impact on a substantial
number of small entities, the agency shall comply with the
requirements of section 603 before the publication of the
final rule, by--
``(A) publishing an initial regulatory flexibility analysis
for public comment; or
``(B) re-proposing the rule with an initial regulatory
flexibility analysis.
``(3) The head of an agency may not make a certification
relating to a rule under this subsection, unless the head of
the agency has determined--
``(A) the average cost of the rule for small entities
affected or reasonably presumed to be affected by the rule;
``(B) the number of small entities affected or reasonably
presumed to be affected by the rule; and
``(C) the number of affected small entities for which that
cost will be significant.
``(4) Before publishing a certification and a statement
providing the factual basis for the

[[Page S7214]]

certification under paragraph (1), the head of an agency
shall--
``(A) transmit a copy of the certification and statement to
the Chief Counsel for Advocacy of the Small Business
Administration; and
``(B) consult with the Chief Counsel for Advocacy of the
Small Business Administration on the accuracy of the
certification and statement.''.

SEC. 3612. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

Section 203 of Public Law 94-305 (15 U.S.C. 634c) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) at the discretion of the Chief Counsel for Advocacy,
comment on regulatory action by an agency that affects small
businesses, without regard to whether the agency is required
to file a notice of proposed rulemaking under section 553 of
title 5, United States Code, with respect to the action.''.

SEC. 3613. FUNDING AND OFFSETS.

(a) Authorization.--There are authorized to be appropriated
to the Small Business Administration, for any costs of
carrying out this Act and the amendments made by this Act
(including the costs of hiring additional employees)--
(1) $1,000,000 for fiscal year 2012;
(2) $2,000,000 for fiscal year 2013; and
(3) $3,000,000 for fiscal year 2014.
(b) Repeals.--In order to offset the costs of carrying out
this Act and the amendments made by this Act and to reduce
the Federal deficit, the following provisions of law are
repealed, effective on the date of enactment of this Act:
(1) Section 21(n) of the Small Business Act (15 U.S.C.
648).
(2) Section 27 of the Small Business Act (15 U.S.C. 654).
(3) Section 1203(c) of the Energy Security and Efficiency
Act of 2007 (15 U.S.C. 657h(c)).

SEC. 3614. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Heading.--Section 605 of title 5, United States Code,
is amended in the section heading by striking ``Avoidance''
and all that follows and inserting the following:
``Incorporations by reference and certification.''.
(b) Table of Sections.--The table of sections for chapter 6
of title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:

``605. Incorporations by reference and certifications.'';
and
(2) by striking the item relating to section 607 inserting
the following:

``607. Quantification requirements.''.

TITLE VII--UNFUNDED MANDATES ACCOUNTABILITY ACT

SEC. 3701. SHORT TITLE.

This title may be cited as the ``Unfunded Mandates
Accountability Act''.

SEC. 3702. FINDINGS.

Congress finds the following:
(1) The public has a right to know the benefits and costs
of regulation. Effective regulatory programs provide
important benefits to the public, including protecting the
environment, worker safety, and human health. Regulations
also impose significant costs on individuals, employers,
State, local, and tribal governments, diverting resources
from other important priorities.
(2) Better regulatory analysis and review should improve
the quality of agency decisions, increasing the benefits and
reducing unwarranted costs of regulation.
(3) Disclosure and scrutiny of key information underlying
agency decisions should make Government more accountable to
the public it serves.

SEC. 3703. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.

(a) Regulatory Impact Analyses for Certain Rules.--Section
202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended--
(1) by striking the section heading and inserting the
following:

``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';

(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Definition.--In this section, the term `cost' means
the cost of compliance and any reasonably foreseeable
indirect costs, including revenues lost as a result of an
agency rule subject to this section.
``(b) In General.--Before promulgating any proposed or
final rule that may have an annual effect on the economy of
$100,000,000 or more (adjusted for inflation), or that may
result in the expenditure by State, local, and tribal
governments, in the aggregate, of $100,000,000 or more
(adjusted for inflation) in any 1 year, each agency shall
prepare and publish in the Federal Register an initial and
final regulatory impact analysis. The initial regulatory
impact analysis shall accompany the agency's notice of
proposed rulemaking and shall be open to public comment. The
final regulatory impact analysis shall accompany the final
rule.
``(c) Content.--The initial and final regulatory impact
analysis under subsection (b) shall include--
``(1)(A) an analysis of the anticipated benefits and costs
of the rule, which shall be quantified to the extent
feasible;
``(B) an analysis of the benefits and costs of a reasonable
number of regulatory alternatives within the range of the
agency's discretion under the statute authorizing the rule,
including alternatives that--
``(i) require no action by the Federal Government; and
``(ii) use incentives and market-based means to encourage
the desired behavior, provide information upon which choices
can be made by the public, or employ other flexible
regulatory options that permit the greatest flexibility in
achieving the objectives of the statutory provision
authorizing the rule; and
``(C) an explanation that the rule meets the requirements
of section 205;
``(2) an assessment of the extent to which--
``(A) the costs to State, local and tribal governments may
be paid with Federal financial assistance (or otherwise paid
for by the Federal Government); and
``(B) there are available Federal resources to carry out
the rule;
``(3) estimates of--
``(A) any disproportionate budgetary effects of the rule
upon any particular regions of the Nation or particular
State, local, or tribal governments, urban or rural or other
types of communities, or particular segments of the private
sector; and
``(B) the effect of the rule on job creation or job loss,
which shall be quantified to the extent feasible; and
``(4)(A) a description of the extent of the agency's prior
consultation with elected representatives (under section 204)
of the affected State, local, and tribal governments;
``(B) a summary of the comments and concerns that were
presented by State, local, or tribal governments either
orally or in writing to the agency; and
``(C) a summary of the agency's evaluation of those
comments and concerns.'';
(4) in subsection (d) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' and
inserting ``subsection (b)''; and
(5) in subsection (e) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' each place
that term appears and inserting ``subsection (b)''.
(b) Technical and Conforming Amendment.--The table of
sections for the Unfunded Mandates Reform Act of 1995 is
amended by striking the item relating to section 202 and
inserting the following:

``Sec. 202. Regulatory impact analyses for certain rules.''.

SEC. 3704. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

Section 205 of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1535) is amended by striking section 205 and inserting
the following:

``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

``Before promulgating any proposed or final rule for which
a regulatory impact analysis is required under section 202,
the agency shall--
``(1) identify and consider a reasonable number of
regulatory alternatives within the range of the agency's
discretion under the statute authorizing the rule, including
alternatives required under section 202(b)(1)(B); and
``(2) from the alternatives described under paragraph (1),
select the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the
statute.''.

SEC. 3705. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY
AGENCIES.

(a) In General.--Section 421(1) of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is
amended by striking ``, but does not include independent
regulatory agencies''.
(b) Exemption for Monetary Policy.--The Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by
inserting after section 5 the following:

``SEC. 6. EXEMPTION FOR MONETARY POLICY.

``Nothing in title II, III, or IV 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. 3706. JUDICIAL REVIEW.

The Unfunded Mandates Reform Act of 1995 is amended by
striking section 401 (2 U.S.C. 1571) and inserting the
following:

``SEC. 401. JUDICIAL REVIEW.

``(a) In General.--For any rule subject to section 202, a
party aggrieved by final agency action is entitled to
judicial review of an agency's analysis under and compliance
with sections 202 (b) and (c)(1) and 205. The scope of review
shall be governed by chapter 7 of title 5, United States
Code.
``(b) Jurisdiction.--Each court having jurisdiction to
review a rule subject to section 202 for compliance with
section 553 of title 5, United States Code, or under any
other provision of law, shall have jurisdiction to review any
claims brought under subsection (a) of this section.
``(c) Relief Available.--In granting relief in an action
under this section, the court shall order the agency to take
remedial action consistent with chapter 7 of title 5, United
States Code, including remand and vacatur of the rule.''.

SEC. 3707. EFFECTIVE DATE.

This title shall take effect 90 days after the date of
enactment of this title.

[[Page S7215]]

TITLE VIII--GOVERNMENT LITIGATION SAVINGS ACT

SEC. 3801. SHORT TITLE.

This title may be cited as the ``Government Litigation
Savings Act''.

SEC. 3802. MODIFICATION OF EQUAL ACCESS TO JUSTICE
PROVISIONS.

(a) Agency Proceedings.--
(1) Eligibility parties; attorney fees.--Section 504 of
title 5, United States Code, is amended--
(A) in subsection (a)(1), by inserting after ``prevailing
party'' the following: ``who has a direct and personal
monetary interest in the adjudication, including because of
personal injury, property damage, or unpaid agency
disbursement,''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A)(ii), by striking ``$125 per hour''
and all that follows through ``a higher fee'' and inserting
``$175 per hour''; and
(ii) in subparagraph (B), by striking ``; except that'' and
all that follows through ``section 601''.
(2) Reduction or denial of awards.--Section 504(a)(3) of
title 5, United States Code, is amended in the first
sentence--
(A) by striking ``may reduce the amount to be awarded, or
deny an award,'' and inserting ``shall reduce the amount to
be awarded, or deny an award, commensurate with pro bono
hours and related fees and expenses, or'';
(B) by striking ``unduly and''; and
(C) by striking ``controversy.'' and inserting
``controversy or acted in an obdurate, dilatory, mendacious,
or oppressive manner, or in bad faith.''.
(3) Limitation on awards.--Section 504(a) of title 5,
United States Code, is amended by adding at the end the
following:
``(5) A party may not receive an award of fees and other
expenses under this section--
``(A) in excess of $200,000 in any single adversary
adjudication, or
``(B) for more than 3 adversary adjudications initiated in
the same calendar year,
unless the adjudicative officer of the agency determines that
an award exceeding such limits is required to avoid severe
and unjust harm to the prevailing party.''.
(4) Reporting in agency adjudications.--Section 504 of such
title is amended--
(A) in subsection (c)(1), by striking ``, United States
Code''; and
(B) by striking subsection (e) and inserting the following:
``(e)(1) The Chairman of the Administrative Conference of
the United States shall issue an annual, online report to the
Congress on the amount of fees and other expenses awarded
during the preceding fiscal year pursuant to this section.
The report shall describe the number, nature, and amount of
the awards, the nature of and claims involved in each
controversy (including the law under which the controversy
arose), and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards.
The report shall be made available to the public online, and
contain a searchable database of the total awards given, and
the total number of applications for the award of fees and
other expenses that were filed, defended, and heard, and
shall include, with respect to each such application, the
following:
``(A) The name of the party seeking the award of fees and
other expenses.
``(B) The agency to which the application for the award was
made.
``(C) The names of the administrative law judges in the
adversary adjudication that is the subject of the
application.
``(D) The disposition of the application, including any
appeal of action taken on the application.
``(E) The amount of each award.
``(F) The hourly rates of expert witnesses stated in the
application that was awarded.
``(G) With respect to each award of fees and other
expenses, the basis for the finding that the position of the
agency concerned was not substantially justified.
``(2)(A) The report under paragraph (1) shall cover
payments of fees and other expenses under this section that
are made pursuant to a settlement agreement, regardless of
whether the settlement agreement is otherwise subject to
nondisclosure provisions.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) does not affect any other information
that is subject to nondisclosure provisions in the settlement
agreement.''.
(5) Adjustment of attorney fees.--Section 504 of such title
is amended by adding at the end the following:
``(g) The Director of the Office of Management and Budget
may adjust the maximum hourly fee set forth in subsection
(b)(1)(A)(ii) for the fiscal year beginning October 1, 2012,
and for each fiscal year thereafter, to reflect changes in
the Consumer Price Index, as determined by the Secretary of
Labor.''.
(b) Court Cases.--
(1) Eligibility parties; attorney fees; limitation on
awards.--Section 2412(d) of title 28, United States Code, is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) by striking ``in any civil action'' and all that
follows through ``jurisdiction of that action'' and inserting
``in the civil action''; and
(II) by striking ``shall award to a prevailing party other
than the United States'' and inserting the following: ``, in
any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action,
brought by or against the United States in any court having
jurisdiction of that action, shall award to a prevailing
party who has a direct and personal monetary interest in the
civil action, including because of personal injury, property
damage, or unpaid agency disbursement, other than the United
States,''; and

(ii) by adding at the end the following:
``(E) An individual or entity may not receive an award of
fees and other expenses under this subsection in excess of--
``(i) $200,000 in any single civil action, or
``(ii) for more than 3 civil actions initiated in the same
calendar year,
unless the presiding judge determines that an award exceeding
such limits is required to avoid severe and unjust harm to
the prevailing party.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``$125 per hour''
and all that follows through ``a higher fee'' and inserting
``$175 per hour''; and
(ii) in subparagraph (B), by striking ``; except that'' and
all that follows through ``section 601''.
(2) Reduction or denial of awards.--Section 2412(d)(1)(C)
of title 28, United States Code, is amended--
(A) by striking ``, in its discretion, may reduce the
amount to be awarded pursuant to this subsection, or deny an
award,'' and inserting ``shall reduce the amount to be
awarded under this subsection, or deny an award, commensurate
with pro bono hours and related fees and expenses, or'';
(B) by striking ``unduly and''; and
(C) by striking ``controversy.'' and inserting
``controversy or acted in an obdurate, dilatory, mendacious,
or oppressive manner, or in bad faith.''.
(3) Adjustment of attorney fees.--Section 2412(d) of title
28, United States Code, is amended by adding at the end the
following:
``(5) The Director of the Office of Management and Budget
may adjust the maximum hourly fee set forth in paragraph
(2)(A)(ii) for the fiscal year beginning October 1, 2012, and
for each fiscal year thereafter, to reflect changes in the
Consumer Price Index, as determined by the Secretary of
Labor.''.
(4) Reporting.--Section 2412(d) of title 28, United States
Code, is further amended by adding at the end the following:
``(6)(A) The Chairman of the Administrative Conference of
the United States shall issue an annual, online report to the
Congress on the amount of fees and other expenses awarded
during the preceding fiscal year pursuant to this subsection.
The report shall describe the number, nature, and amount of
the awards, the nature of and claims involved in each
controversy (including the law under which the controversy
arose), and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards.
The report shall be made available to the public online and
shall contain a searchable database of total awards given and
the total number of cases filed, defended, or heard, and
shall include with respect to each such case the following:
``(i) The name of the party seeking the award of fees and
other expenses in the case.
``(ii) The district court hearing the case.
``(iii) The names of the presiding judges in the case.
``(iv) The agency involved in the case.
``(v) The disposition of the application for fees and other
expenses, including any appeal of action taken on the
application.
``(vi) The amount of each award.
``(vii) The hourly rates of expert witnesses stated in the
application that was awarded.
``(viii) With respect to each award of fees and other
expenses, the basis for the finding that the position of the
agency concerned was not substantially justified.
``(B)(i) The report under subparagraph (A) shall cover
payments of fees and other expenses under this subsection
that are made pursuant to a settlement agreement, regardless
of whether the settlement agreement is otherwise subject to
nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) does not affect any other information that
is subject to nondisclosure provisions in the settlement
agreement.
``(C) The Chairman of the Administrative Conference shall
include in the annual report under subparagraph (A), for each
case in which an award of fees and other expenses is included
in the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(D) The Attorney General of the United States shall
provide to the Chairman of the Administrative Conference of
the United States such information as the Chairman requests
to carry out this paragraph.''.
(c) Effective Date.--
(1) Modifications to procedures.--The amendments made by--
(A) paragraphs (1), (2), and (3) of subsection (a) shall
apply with respect to adversary adjudications commenced on or
after the date of the enactment of this Act; and
(B) paragraphs (1) and (2) of subsection (b) shall apply
with respect to civil actions commenced on or after such date
of enactment.
(2) Reporting.--The amendments made by paragraphs (4) and
(5) of subsection (a) and by paragraphs (3) and (4) of
subsection (b) shall take effect on the date of the enactment
of this Act.

[[Page S7216]]

SEC. 3803. GAO STUDY.

Not later than 30 days after the date of the enactment of
this Act, the Comptroller General shall commence an audit of
the implementation of the Equal Access to Justice Act for the
years 1995 through the end of the calendar year in which this
Act is enacted. The Comptroller General shall, not later than
1 year after the end of the calendar year in which this Act
is enacted, complete such audit and submit to the Congress a
report on the results of the audit.

TITLE IX--EMPLOYMENT PROTECTION ACT OF 2011

SEC. 3901. SHORT TITLE.

This title may be cited as the ``Employment Protection Act
of 2011''.

SEC. 3902. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT
AND ECONOMIC ACTIVITY.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) De minimis negative impact.--The term ``de minimis
negative impact'' means--
(A) with respect to employment levels, a loss of more than
100 jobs, subject to the condition that any offsetting job
gains that result from the hypothetical creation of new jobs
through new technologies or government employment may not be
used to offset the job loss calculation; and
(B) with respect to economic activity, a decrease in
economic activity of more than $1,000,000 during any calendar
year, subject to the condition that any offsetting economic
activity that results from the hypothetical creation of new
economic activity through new technologies or government
employment may not be used in the economic activity
calculation.
(b) Analysis of Impacts of Actions on Employment and
Economic Activity.--
(1) Analysis.--Prior to promulgating any regulation or
other requirement, issuing any policy statement, guidance
document, or endangerment finding, implementing any new or
substantially altered program, or denying any permit, the
Administrator shall analyze the impact on employment levels
and economic activity, disaggregated by State, of the
regulation, requirement, policy statement, guidance document,
endangerment finding, program, or permit denial.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall use the best available economic models.
(B) Annual gao report.--Not later than December 31, 2011,
and annually thereafter, the Comptroller General of the
United States shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the economic models used by the
Administrator to carry out this subsection.
(3) Availability of information.--With respect to any
regulation, requirement, policy statement, guidance document,
endangerment finding, program, or permit denial, the
Administrator shall--
(A) post the analysis under paragraph (1) as a link on the
main page of the public Internet website of the Environmental
Protection Agency; and
(B) request that the Governor of any State experiencing
more than a de minimis negative impact post the analysis in
the Capitol of the State.
(4) Clean water act and other permits.--Each analysis under
paragraph (1) shall include a description of estimated job
losses and decreased economic activity due to the denial of a
permit, including any permit denied under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (b)(1) that a regulation, requirement, policy
statement, guidance document, endangerment finding, program,
or permit denial will have more than a de minimis negative
impact on employment levels or economic activity in a State,
the Administrator shall hold a public hearing in each such
State not less than--
(A) 30 days before the effective date of the regulation,
requirement, policy statement, guidance document,
endangerment finding, or program; or
(B) 48 hours before the denial of a permit.
(2) Time, location, and selection.--
(A) In general.--A public hearing required by paragraph (1)
shall be held at a convenient time and location for impacted
residents.
(B) Location.--In selecting a location for a public hearing
under subparagraph (A), the Administrator shall give priority
to locations in the State that will experience the greatest
number of job losses.
(3) Citizen suits.--
(A) In general.--If a public hearing is required by
paragraph (1) with respect to any State, and the
Administrator fails to hold such a public hearing in
accordance with paragraphs (1) and (2), any resident of the
State may bring an action in any United States district court
in the State to compel compliance by the Administrator.
(B) Relief.--If a resident prevails in an action against
the Administrator under subparagraph (A), the United States
district court--
(i) shall enjoin the regulation, requirement, policy
statement, guidance document, endangerment finding, program,
or permit denial that is the subject of the action; and
(ii) may award reasonable attorneys' fees and costs.
(C) Appeal.--On appeal of an injunction issued under
subparagraph (B)(i), a United States court of appeals--
(i) shall require the submission of briefs not later than
30 days after the date of filing of the appeal;
(ii) may not stay the injunction prior to hearing oral
arguments; and
(iii) shall make a final decision not later than 90 days
after the date of filing of the appeal.
(d) Notification.--If the Administrator concludes under
subsection (b)(1) that a regulation, requirement, policy
statement, guidance document, endangerment finding, program,
or permit denial will have more than a de minimis negative
impact on employment levels or economic activity in any
State, the Administrator shall provide a notice of the de
minimis negative impact to the congressional delegation,
Governor, and legislature of the affected State not later
than--
(1) 45 days before the effective date of the regulation,
requirement, policy statement, guidance document,
endangerment finding, requirement, or program; or
(2) 7 days before the denial of the permit.

TITLE X--FARM DUST REGULATION PREVENTION ACT

SEC. 3931. SHORT TITLE.

This title may be cited as the ``Farm Dust Regulation
Prevention Act''.

SEC. 3932. NUISANCE DUST.

Part A of title I of the Clean Air Act (42 U.S.C. 7401 et
seq.) is amended by adding at the end the following:

``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE,
TRIBAL, AND LOCAL GOVERNMENTS.

``(a) Definition of Nuisance Dust.--In this section, the
term `nuisance dust' means particulate matter--
``(1) generated from natural sources, unpaved roads,
agricultural activities, earth moving, or other activities
typically conducted in rural areas; or
``(2) consisting primarily of soil, windblown dust, or
other natural or biological materials, or some combination of
those materials.
``(b) Applicability.--Except as provided in subsection (c),
this Act does not apply to, and references in this Act to
particulate matter are deemed to exclude, nuisance dust.
``(c) Exception.--Subsection (b) does not apply with
respect to any geographical area in which nuisance dust is
not regulated under State, tribal, or local law to the extent
that the Administrator finds that--
``(1) nuisance dust (or any subcategory of nuisance dust)
causes substantial adverse public health and welfare effects
at ambient concentrations; and
``(2) the benefits of applying standards and other
requirements of this Act to nuisance dust (or such a
subcategory of nuisance dust) outweigh the costs (including
local and regional economic and employment impacts) of
applying those standards and other requirements to nuisance
dust (or such a subcategory).''.

SEC. 3933. TEMPORARY PROHIBITION AGAINST REVISING ANY
NATIONAL AMBIENT AIR QUALITY STANDARD
APPLICABLE TO COARSE PARTICULATE MATTER.

Before the date that is 1 year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency may not propose, finalize, implement, or
enforce any regulation revising the national primary ambient
air quality standard or the national secondary ambient air
quality standard applicable to particulate matter with an
aerodynamic diameter greater than 2.5 micrometers under
section 109 of the Clean Air Act (42 U.S.C. 7409).

TITLE XI--NATIONAL LABOR RELATIONS BOARD REFORM

SEC. 3951. SHORT TITLE.

This title may be cited as the ``National Labor Relations
Board Reform Act''.

SEC. 3952. AUTHORITY OF THE NLRB.

Section 10(c) of the National Labor Relations Act (29
U.S.C. 160) is amended by inserting before the period at the
end the following: ``: Provided further, That the Board shall
have no power to order an employer (or seek an order against
an employer) to restore or reinstate any work, product,
production line, or equipment, to rescind any relocation,
transfer, subcontracting, outsourcing, or other change
regarding the location, entity, or employer who shall be
engaged in production or other business operations, or to
require any employer to make an initial or additional
investment at a particular plant, facility, or location''.

SEC. 3953. RETROACTIVITY.

The amendment made by section 3952 shall apply to any
complaint for which a final adjudication by the National
Labor Relations Board has not been made by the date of
enactment of this Act.

TITLE XII--GOVERNMENT NEUTRALITY IN CONTRACTING ACT

SEC. 3971. SHORT TITLE.

This title may be cited as the ``Government Neutrality in
Contracting Act''.

SEC. 3972. PURPOSES.

It is the purpose of this title to--
(1) promote and ensure open competition on Federal and
federally funded or assisted construction projects;

[[Page S7217]]

(2) maintain Federal Government neutrality towards the
labor relations of Federal Government contractors on Federal
and federally funded or assisted construction projects;
(3) reduce construction costs to the Federal Government and
to the taxpayers;
(4) expand job opportunities, especially for small and
disadvantaged businesses; and
(5) prevent discrimination against Federal Government
contractors or their employees based upon labor affiliation
or the lack thereof, thereby promoting the economical,
nondiscriminatory, and efficient administration and
completion of Federal and federally funded or assisted
construction projects.

SEC. 3973. PRESERVATION OF OPEN COMPETITION AND FEDERAL
GOVERNMENT NEUTRALITY.

(a) Prohibition.--
(1) General rule.--The head of each executive agency that
awards any construction contract after the date of enactment
of this Act, or that obligates funds pursuant to such a
contract, shall ensure that the agency, and any construction
manager acting on behalf of the Federal Government with
respect to such contract, in its bid specifications, project
agreements, or other controlling documents does not--
(A) require or prohibit a bidder, offeror, contractor, or
subcontractor from entering into, or adhering to, agreements
with 1 or more labor organization, with respect to that
construction project or another related construction project;
or
(B) otherwise discriminate against a bidder, offeror,
contractor, or subcontractor because such bidder, offeror,
contractor, or subcontractor--
(i) becomes a signatory, or otherwise adheres to, an
agreement with 1 or more labor organization with respect to
that construction project or another related construction
project; or
(ii) refuses to become a signatory, or otherwise adheres
to, an agreement with 1 or more labor organization with
respect to that construction project or another related
construction project.
(2) Application of prohibition.--The provisions of this
section shall not apply to contracts awarded prior to the
date of enactment of this Act, and subcontracts awarded
pursuant to such contracts regardless of the date of such
subcontracts.
(3) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit a contractor or subcontractor from
voluntarily entering into an agreement described in such
paragraph.
(b) Recipients of Grants and Other Assistance.--The head of
each executive agency that awards grants, provides financial
assistance, or enters into cooperative agreements for
construction projects after the date of enactment of this
Act, shall ensure that--
(1) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
recipient of a grant or financial assistance, or by the
parties to a cooperative agreement, do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1); or
(2) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
construction manager acting on behalf of a recipient or party
described in paragraph (1) do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1).
(c) Failure To Comply.--If an executive agency, a recipient
of a grant or financial assistance from an executive agency,
a party to a cooperative agreement with an executive agency,
or a construction manager acting on behalf of such an agency,
recipient, or party, fails to comply with subsection (a) or
(b), the head of the executive agency awarding the contract,
grant, or assistance, or entering into the agreement,
involved shall take such action, consistent with law, as the
head of the agency determines to be appropriate.
(d) Exemptions.--
(1) In general.--The head of an executive agency may exempt
a particular project, contract, subcontract, grant, or
cooperative agreement from the requirements of 1 or more of
the provisions of subsections (a) and (b) if the head of such
agency determines that special circumstances exist that
require an exemption in order to avert an imminent threat to
public health or safety or to serve the national security.
(2) Special circumstances.--For purposes of paragraph (1),
a finding of ``special circumstances'' may not be based on
the possibility or existence of a labor dispute concerning
contractors or subcontractors that are nonsignatories to, or
that otherwise do not adhere to, agreements with 1 or more
labor organization, or labor disputes concerning employees on
the project who are not members of, or affiliated with, a
labor organization.
(3) Additional exemption for certain projects.--The head of
an executive agency, upon application of an awarding
authority, a recipient of grants or financial assistance, a
party to a cooperative agreement, or a construction manager
acting on behalf of any of such entities, may exempt a
particular project from the requirements of any or all of the
provisions of subsections (a) or (c) if the agency head
finds--
(A) that the awarding authority, recipient of grants or
financial assistance, party to a cooperative agreement, or
construction manager acting on behalf of any of such entities
had issued or was a party to, as of the date of the enactment
of this Act, bid specifications, project agreements,
agreements with one or more labor organizations, or other
controlling documents with respect to that particular
project, which contained any of the requirements or
prohibitions set forth in subsection (a)(1); and
(B) that one or more construction contracts subject to such
requirements or prohibitions had been awarded as of the date
of the enactment of this Act.
(e) Federal Acquisition Regulatory Council.--With respect
to Federal contracts to which this section applies, not later
than 60 days after the date of enactment of this Act, the
Federal Acquisition Regulatory Council shall take appropriate
action to amend the Federal Acquisition Regulation to
implement the provisions of this section.
(f) Definitions.--In this section:
(1) Construction contract.--The term ``construction
contract'' means any contract for the construction,
rehabilitation, alteration, conversion, extension, or repair
of buildings, highways, or other improvements to real
property.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41,
United States Code, except that such term shall not include
the Government Accountability Office.
(3) Labor organization.--The term ``labor organization''
has the meaning given such term in section 701(d) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).

TITLE XIII--FINANCIAL REGULATORY RESPONSIBILITY ACT

SEC. 3981. SHORT TITLE.

This title may be cited as the ``Financial Regulatory
Responsibility Act''.

SEC. 3982. DEFINITIONS.

As used in this title--
(1) the term ``agency'' means 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 ``chief economist'' means--
(A) with respect to the Board of Governors of the Federal
Reserve System, the Director of the Division of Research and
Statistics, or an employee of the agency with comparable
authority;
(B) with respect to the Bureau of Consumer Financial
Protection, the Assistant Director for Research, or an
employee of the agency with comparable authority;
(C) with respect to the Commodity Futures Trading
Commission, the Chief Economist, or an employee of the agency
with comparable authority;
(D) with respect to the Federal Deposit Insurance
Corporation, the Director of the Division of Insurance and
Research, or an employee of the agency with comparable
authority;
(E) with respect to the Federal Housing Finance Agency, the
Chief Economist, or an employee of the agency with comparable
authority;
(F) with respect to the Financial Stability Oversight
Council, the Chief Economist, or an employee of the agency
with comparable authority;
(G) with respect to the Office of the Comptroller of the
Currency, the Director for Policy Analysis, or an employee of
the agency with comparable authority;
(H) with respect to the Office of Financial Research, the
Director, or an employee of the agency with comparable
authority;
(I) with respect to the National Credit Union
Administration, the Chief Economist, or an employee of the
agency with comparable authority; and
(J) with respect to the Securities and Exchange Commission,
the Director of the Division of Risk, Strategy, and Financial
Innovation, or an employee of the agency with comparable
authority;
(3) the term ``Council'' means the Chief Economists Council
established under section 9; and
(4) the term ``regulation''--
(A) means an agency statement of general applicability and
future effect that is designed to implement, interpret, or
prescribe law or policy or to describe the procedure or
practice requirements of an agency, including rules, orders
of general applicability, interpretive releases, and other
statements of general applicability that the agency intends
to have the force and effect of law;
(B) does not include--
(i) a regulation issued in accordance with the formal
rulemaking provisions of section 556 or 557 of title 5,
United States Code;
(ii) a regulation that is limited to agency organization,
management, or personnel matters;
(iii) a regulation promulgated pursuant to statutory
authority that expressly prohibits compliance with this
provision;
(iv) a regulation that is certified by the agency to be an
emergency action, if such certification is published in the
Federal Register; or
(v) a regulation 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.

[[Page S7218]]

SEC. 3983. REQUIRED REGULATORY ANALYSIS.

(a) Requirements for Notices of Proposed Rulemaking.--An
agency may not issue a notice of proposed rulemaking unless
the agency includes in the notice of proposed rulemaking an
analysis that contains, at a minimum, with respect to each
regulation that is being proposed--
(1) an identification of the need for the regulation and
the regulatory objective, including identification of the
nature and significance of the market failure, regulatory
failure, or other problem that necessitates the regulation;
(2) an explanation of why the private market or State,
local, or tribal authorities cannot adequately address the
identified market failure or other problem;
(3) an analysis of the adverse impacts to regulated
entities, other market participants, economic activity, or
agency effectiveness that are engendered by the regulation
and the magnitude of such adverse impacts;
(4) a quantitative and qualitative assessment of all
anticipated direct and indirect costs and benefits of the
regulation (as compared to a benchmark that assumes the
absence of the regulation), including--
(A) compliance costs;
(B) effects on economic activity, net job creation
(excluding jobs related to ensuring compliance with the
regulation), efficiency, competition, and capital formation;
(C) regulatory administrative costs; and
(D) costs imposed by the regulation on State, local, or
tribal governments or other regulatory authorities;
(5) if quantified benefits do not outweigh quantitative
costs, a justification for the regulation;
(6) identification and assessment of all available
alternatives to the regulation, including modification of an
existing regulation or statute, together with--
(A) an explanation of why the regulation meets the
objectives of the regulation more effectively than the
alternatives, and if the agency is proposing multiple
alternatives, an explanation of why a notice of proposed
rulemaking, rather than an advanced notice of proposed
rulemaking, is appropriate; and
(B) if the regulation is not a pilot program, an
explanation of why a pilot program is not appropriate;
(7) if the regulation specifies the behavior or manner of
compliance, an explanation of why the agency did not instead
specify performance objectives;
(8) an assessment of how the burden imposed by the
regulation will be distributed among market participants,
including whether consumers, investors, or small businesses
will be disproportionately burdened;
(9) an assessment of the extent to which the regulation is
inconsistent, incompatible, or duplicative with the existing
regulations of the agency or those of other domestic and
international regulatory authorities with overlapping
jurisdiction;
(10) a description of any studies, surveys, or other data
relied upon in preparing the analysis;
(11) an assessment of the degree to which the key
assumptions underlying the analysis are subject to
uncertainty; and
(12) an explanation of predicted changes in market
structure and infrastructure and in behavior by market
participants, including consumers and investors, assuming
that they will pursue their economic interests.
(b) Requirements for Notices of Final Rulemaking.--
(1) In general.--Notwithstanding any other provision of
law, an agency may not issue a notice of final rulemaking
with respect to a regulation unless the agency--
(A) has issued a notice of proposed rulemaking for the
relevant regulation;
(B) has conducted and includes in the notice of final
rulemaking an analysis that contains, at a minimum, the
elements required under subsection (a); and
(C) includes in the notice of final rulemaking regulatory
impact metrics selected by the chief economist to be used in
preparing the report required pursuant to section 6.
(2) Consideration of comments.--The agency shall
incorporate in the elements described in paragraph (1)(B) the
data and analyses provided to the agency by commenters during
the comment period, or explain why the data or analyses are
not being incorporated.
(3) Comment period.--An agency shall not publish a notice
of final rulemaking with respect to a regulation, unless the
agency--
(A) has allowed at least 90 days from the date of
publication in the Federal Register of the notice of proposed
rulemaking for the submission of public comments; or
(B) includes in the notice of final rulemaking an
explanation of why the agency was not able to provide a 90-
day comment period.
(4) Prohibited rules.--
(A) In general.--An agency may not publish a notice of
final rulemaking if the agency, in its analysis under
paragraph (1)(B), determines that the quantified costs are
greater than the quantified benefits under subsection (a)(5).
(B) Publication of analysis.--If the agency is precluded by
subparagraph (A) from publishing a notice of final
rulemaking, the agency shall publish in the Federal Register
and on the public website of the agency its analysis under
paragraph (1)(B), and provide the analysis to each House of
Congress.
(C) Congressional waiver.--If the agency is precluded by
subparagraph (A) from publishing a notice of final
rulemaking, Congress, by joint resolution pursuant to the
procedures set forth for joint resolutions in section 802 of
title 5, United States Code, may direct the agency to publish
a notice of final rulemaking notwithstanding the prohibition
contained in subparagraph (A). In applying section 802 of
title 5, United States Code, for purposes of this paragraph,
section 802(e)(2) shall not apply and the term--
(i) ``joint resolution'' or ``joint resolution described in
subsection (a)'' means only a joint resolution introduced
during the period beginning on the submission or publication
date 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 directs,
notwithstanding the prohibition contained in (3)(b)(4)(A) of
the Financial Regulatory Responsibility Act of 2011, the __
to publish the notice of final rulemaking for the regulation
or regulations that were the subject of the analysis
submitted by the __ to Congress on __.'' (The blank spaces
being appropriately filled in.); and
(ii) ``submission or publication date'' means--

(I) the date on which the analysis under paragraph (1)(B)
is submitted to Congress under paragraph (4)(B); or
(II) if the analysis is submitted to Congress less than 60
session days or 60 legislative days before the date on which
the Congress adjourns a session of Congress, the date on
which the same or succeeding Congress first convenes its next
session.

SEC. 3984. RULE OF CONSTRUCTION.

For purposes of the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), obtaining, causing to be obtained, or soliciting
information for purposes of complying with section 3 with
respect to a proposed rulemaking shall not be construed to be
a collection of information, provided that the agency has
first issued an advanced notice of proposed rulemaking in
connection with the regulation, identifies that advanced
notice of proposed rulemaking in its solicitation of
information, and informs the person from whom the information
is obtained or solicited that the provision of information is
voluntary.

SEC. 3985. PUBLIC AVAILABILITY OF DATA AND REGULATORY
ANALYSIS.

(a) In General.--At or before the commencement of the
public comment period with respect to a regulation, the
agency shall make available on its public website sufficient
information about the data, methodologies, and assumptions
underlying the analyses performed pursuant to section 3 so
that the analytical results of the agency are capable of
being substantially reproduced, subject to an acceptable
degree of imprecision or error.
(b) Confidentiality.--The agency shall comply with
subsection (a) in a manner that preserves the confidentiality
of nonpublic information, including confidential trade
secrets, confidential commercial or financial information,
and confidential information about positions, transactions,
or business practices.

SEC. 3986. FIVE-YEAR REGULATORY IMPACT ANALYSIS.

(a) In General.--Not later than 5 years after the date of
publication in the Federal Register of a notice of final
rulemaking, the chief economist of the agency shall issue a
report that examines the economic impact of the subject
regulation, including the direct and indirect costs and
benefits of the regulation.
(b) Regulatory Impact Metrics.--In preparing the report
required by subsection (a), the chief economist shall employ
the regulatory impact metrics included in the notice of final
rulemaking pursuant to section 3(b)(1)(C).
(c) Reproducibility.--The report shall include the data,
methodologies, and assumptions underlying the evaluation so
that the agency's analytical results are capable of being
substantially reproduced, subject to an acceptable degree of
imprecision or error.
(d) Confidentiality.--The agency shall comply with
subsection (c) in a manner that preserves the confidentiality
of nonpublic information, including confidential trade
secrets, confidential commercial or financial information,
and confidential information about positions, transactions,
or business practices.
(e) Report.--The agency shall submit the report required by
subsection (a) to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives and post it on the
public website of the agency. The Commodity Futures Trading
Commission shall also submit its report to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives.

SEC. 3987. RETROSPECTIVE REVIEW OF EXISTING RULES.

(a) Regulatory Improvement Plan.--Not later than 1 year
after the date of enactment of this title and every 5 years
thereafter, each agency shall develop, submit to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives, and post on the public website of the
agency a plan, consistent with law and its resources and
regulatory priorities, under which the agency will modify,
streamline,

[[Page S7219]]

expand, or repeal existing regulations so as to make the
regulatory program of the agency more effective or less
burdensome in achieving the regulatory objectives. The
Commodity Futures Trading Commission shall also submit its
plan to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House
of Representatives.
(b) Implementation Progress Report.--Two years after the
date of submission of each plan required under subsection
(a), each agency shall develop, submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, and post on the public website of the agency
a report of the steps that it has taken to implement the
plan, steps that remain to be taken to implement the plan,
and, if any parts of the plan will not be implemented,
reasons for not implementing those parts of the plan. The
Commodity Futures Trading Commission shall also submit its
plan to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House
of Representatives.

SEC. 3988. JUDICIAL REVIEW.

(a) In General.--Notwithstanding any other provision of
law, during the period beginning on the date on which a
notice of final rulemaking for a regulation is published in
the Federal Register and ending 1 year later, a person that
is adversely affected or aggrieved by the regulation is
entitled to bring an action in the United States Court of
Appeals for the District of Columbia Circuit for judicial
review of agency compliance with the requirements of section
3.
(b) Stay.--The court may stay the effective date of the
regulation or any provision thereof.
(c) Relief.--If the court finds that an agency has not
complied with the requirements of section 3, the court shall
vacate the subject regulation, unless the agency shows by
clear and convincing evidence that vacating the regulation
would result in irreparable harm. Nothing in this section
affects other limitations on judicial review or the power or
duty of the court to dismiss any action or deny relief on any
other appropriate legal or equitable ground.

SEC. 3989. CHIEF ECONOMISTS COUNCIL.

(a) Establishment.--There is established the Chief
Economists Council.
(b) Membership.--The Council shall consist of the chief
economist of each agency. The members of the Council shall
select the first chairperson of the Council. Thereafter the
position of Chairperson shall rotate annually among the
members of the Council.
(c) Meetings.--The Council shall meet at the call of the
Chairperson, but not less frequently than quarterly.
(d) Report.--One year after the effective date of this
title and annually thereafter, the Council shall prepare and
submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Financial
Services and the Committee on Agriculture of the House of
Representatives a report on--
(1) the benefits and costs of regulations adopted by the
agencies during the past 12 months;
(2) the regulatory actions planned by the agencies for the
upcoming 12 months;
(3) the cumulative effect of the existing regulations of
the agencies on economic activity, innovation, international
competitiveness of entities regulated by the agencies, and
net job creation (excluding jobs related to ensuring
compliance with the regulation);
(4) the training and qualifications of the persons who
prepared the cost-benefit analyses of each agency during the
past 12 months;
(5) the sufficiency of the resources available to the chief
economists during the past 12 months for the conduct of the
activities required by this title; and
(6) recommendations for legislative or regulatory action to
enhance the efficiency and effectiveness of financial
regulation in the United States.

SEC. 3990. CONFORMING AMENDMENTS.

Section 15(a) of the Commodity Exchange Act (7 U.S.C.
19(a)) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2), by striking (2) and all that follows
through ``light of--'' and inserting the following:
``(1) Considerations.--Before promulgating a regulation
under this chapter or issuing an order (except as provided in
paragraph (2)), the Commission shall take into
consideration--'';
(3) in paragraph (1), as so redesignated--
(A) in subparagraph (B), by striking ``futures'' and
inserting ``the relevant'';
(B) in subparagraph (C), by adding ``and'' at the end;
(C) in subparagraph (D), by striking ``and'' at the end;
and
(D) by striking subparagraph (E); and
(4) by redesignating paragraph (3) as paragraph (2).

SEC. 3991. OTHER REGULATORY ENTITIES.

(a) Securities and Exchange Commission.--Not later than 1
year after the date of enactment of this title, the
Securities and Exchange Commission shall provide to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives a report setting forth a plan for
subjecting the Public Company Accounting Oversight Board, the
Municipal Securities Rulemaking Board, and any national
securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-4(a)) to the
requirements of this title, other than direct representation
on the Council.
(b) Commodity Futures Trading Commission.--Not later than 1
year after the date of enactment of this title, the Commodity
Futures Trading Commission shall provide to the Committee on
Banking, Housing, and Urban Affairs of the Senate, the
Committee on Financial Services of the House of
Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Committee on Agriculture of
the House of Representatives a report setting forth a plan
for subjecting any futures association registered under
section 17 of the Commodity Exchange Act (7 U.S.C. 21) to the
requirements of this title, other than direct representation
on the Council.

SEC. 3992. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSES.

An agency may perform the analyses required by this title
in conjunction with, or as a part of, any other agenda or
analysis required by any other provision of law, if such
other analysis satisfies the provisions this Act.

SEC. 3993. SEVERABILITY.

If any provision of this title the application of any
provision of this title to any person or circumstance, is
held invalid, the application of such provision to other
persons or circumstances, and the remainder of this title,
shall not be affected thereby.

TITLE XIV--REGULATORY RESPONSIBILITY FOR OUR ECONOMY ACT

SEC. 3994. SHORT TITLE.

This title may be cited as the ``Regulatory Responsbility
for Our Economy Act''.

SEC. 3995. DEFINITIONS.

In this title--
(1) the term ``agency'' means any authority of the United
States that is--
(A) an agency as defined under section 3502(1) of title 44,
United States Code; and
(B) shall include an independent regulatory agency as
defined under section 3502(5) of title 44, United States
Code;
(2) the term ``regulation''--
(A) means an agency statement of general applicability and
future effect, which the agency intends to have the force and
effect of law, that is designed to implement, interpret, or
prescribe law or policy or to describe the procedure or
practice requirements of an agency; and
(B) shall not include--
(i) regulations issued in accordance with the formal
rulemaking provisions of sections 556 and 557 of title 5,
United States Code;
(ii) regulations that pertain to a military or foreign
affairs function of the United States, other than procurement
regulations and regulations involving the import or export of
non-defense articles and services; or
(iii) regulations that are limited to agency organization,
management, or personnel matters;
(3) the term ``regulatory action'' means any substantive
action by an agency (normally published in the Federal
Register) that promulgates or is expected to lead to the
promulgation of a final regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking; and
(4) the term ``significant regulatory action'' means any
regulatory action that is likely to result in a regulation
that may--
(A) have an annual effect on the economy of $100,000,000 or
more or 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;
(B) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(C) materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and
obligation of recipients thereof;
(D) add to the national debt; or
(E) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set
forth in this Act.

SEC. 3996. AGENCY REQUIREMENTS.

(a) Federal Regulatory System.--The Federal regulatory
system shall--
(1) protect the public health, welfare, safety, and the
environment of the United States, especially those promoting
economic growth, innovation, competitiveness, and job
creation;
(2) be based on the best available science and information;
(3) allow for public participation and an open exchange of
ideas;
(4) promote predictability and reduce uncertainty,
including adherence to a clearly articulated timeline for the
release of regulatory documents at all stages of the
regulatory process;
(5) identify and use the best, most innovative, and least
burdensome tools for achieving regulatory ends;
(6) take into account benefits and costs, both quantitative
and qualitative;
(7) ensure that regulations are accessible, consistent,
written in plain language, and easy to understand; and
(8) measure, and seek to improve, the actual results of
regulatory requirements.
(b) Requirements.--Each agency shall--

[[Page S7220]]

(1) propose or adopt a regulation only upon a reasoned
determination that the benefits of the regulation justify the
costs of the regulation to the extent permitted by law;
(2) tailor regulations of the agency to impose the least
burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, the
costs of cumulative regulations;
(3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits,
including potential economic, environmental, public health
and safety, and other advantages, distributive impacts, and
equity;
(4) specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities
are required to adopt;
(5) identify and assess available alternatives to direct
regulation, including providing economic incentives to
encourage the desired behavior, such as user fees or
marketable permits, or providing information upon which
choices can be made by the public; and
(6) use the best available techniques to quantify
anticipated present and future benefits and costs.

SEC. 3997. PUBLIC PARTICIPATION.

(a) In General.--Regulations shall be--
(1) adopted through a process that involves public
participation; and
(2) based, to the extent consistent with law, on the open
exchange of information and perspectives among State, local,
and tribal officials, experts in relevant disciplines,
affected stakeholders in the private sector, and the public
as a whole.
(b) Opportunity To Participate.--Each agency shall--
(1) provide the public with an opportunity to participate
in the regulatory process;
(2) as authorized by law, afford the public a meaningful
opportunity to comment through the Internet on any proposed
regulation, with a comment period that shall begin on the
date on which the proposed regulation is published in the
Federal Register and be not less than 60 days, unless the
relevant regulation is designated by the Administrator of the
Office of Information and Regulatory Affairs to be an
emergency rule;
(3) provide, for both proposed and final rules, timely
online access to the rulemaking docket on regulations.gov,
including relevant scientific and technical findings, in an
open format that can be easily searched and downloaded; and
(4) for proposed rules, provide access to include, to the
extent permitted by law, an opportunity for public comment on
all pertinent parts of the rulemaking docket, including
relevant scientific and technical findings.
(c) Seeking Affected Parties.--Before issuing a notice of
proposed rulemaking, each agency shall, where appropriate,
seek the views of those who are likely to be affected,
including those who are likely to benefit from and those who
are potentially subject to such rulemaking.
(d) Delay of Implementation.--
(1) In general.--An agency shall delay implementation of an
interim final rule until final disposition of a challenge is
entered by a court in the United States, if--
(A) the agency excepted the rule from notice and public
procedure under section 553(b)(B) of title 5, United States
Code; and
(B) the agency exception of the rule described under
paragraph (1) is challenged in a court in the United States.
(2) Length of delay.--If implementation of an interim final
rule is delayed under paragraph (1), the delay shall continue
until a final disposition of the challenge is entered by the
court.

SEC. 3998. INTEGRATION AND INNOVATION.

(a) Findings.--Congress finds that--
(1) some sectors and industries face a significant number
of regulatory requirements, some of which may be redundant,
inconsistent, or overlapping; and
(2) greater coordination across agencies should reduce
these requirements, thus reducing costs and simplifying and
harmonizing rules.
(b) Promotion of Innovation.--In developing regulatory
actions and identifying appropriate approaches, each agency
shall--
(1) promote coordination, simplification, and
harmonization; and
(2) identify means to achieve regulatory goals that are
designed to promote innovation.

SEC. 3999. FLEXIBLE APPROACHES.

(a) In General.--Each agency shall identify and consider
regulatory approaches that reduce burdens, especially
economic burdens, and maintain flexibility and freedom of
choice for the public.
(b) Contents.--The approaches described under subsection
(a) shall include warnings, appropriate default rules,
disclosure requirements, and the provision of information to
the public in a form that is clear and intelligible.

SEC. 3999A. SCIENCE.

Each agency shall ensure the objectivity of any scientific
and technological information and processes used to support
the regulatory actions of the agency.

SEC. 3999B. RETROSPECTIVE ANALYSES OF EXISTING RULES.

(a) Retrospective Analyses.--
(1) In general.--To facilitate the periodic review of
existing significant regulatory actions, agencies shall
consider how best to promote retrospective analysis of rules
that may be outmoded, ineffective, insufficient, or
excessively burdensome, and to modify, streamline, expand, or
repeal such regulations in accordance with what has been
learned.
(2) Agreement.--Once every 5 years, each agency may enter
into an agreement with a qualified private organization to
conduct the retrospective analysis described in paragraph (1)
of the agency.
(3) Publication online.--Any retrospective analyses
conducted under this subsection, including supporting data,
shall be published online.
(b) Agency Plans.--
(1) Plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this title, each agency shall develop and submit
to the appropriate congressional committees a preliminary
plan for reviewing significant regulatory actions issued by
the agency, consistent with law, under which the agency shall
review its existing significant regulatory actions once every
5 years to determine whether such regulations should be
modified, streamlined, expanded, or repealed so as to make
the regulatory program of the agency more effective or less
burdensome in achieving the regulatory objectives.
(B) Repeal.--If the plan described in subparagraph (A)
includes suggestions for needed repeals a timeline for such
repeals shall also be included in the plan.
(2) Report.--Upon completion of a review under a plan
submitted under paragraph (1), each agency shall submit to
the appropriate congressional committees a report that--
(A) describes the outcome of the review, including which
regulations were modified, streamlined, expanded, or
repealed;
(B) describes the reasons for the modifications,
streamlining, expansions, or repeals described in
subparagraph (A); and
(C) in any case where an agency did not take action,
describes the reasons why the agency did not take action to
modify, streamline, expand, or repeal any significant
regulatory actions.

TITLE XV--REDUCING REGULATORY BURDENS ACT

SEC. 3999C. SHORT TITLE.

This title may be cited as the ``Reducing Regulatory
Burdens Act''.

SEC. 3999D. USE OF AUTHORIZED PESTICIDES.

Section 3(f) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at
the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act,
the Administrator or a State may not require a permit under
such Act for a discharge from a point source into navigable
waters of a pesticide authorized for sale, distribution, or
use under this Act, or the residue of such a pesticide,
resulting from the application of such pesticide.''.

SEC. 3999E. DISCHARGES OF PESTICIDES.

Section 402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from
a point source into navigable waters of a pesticide
authorized for sale, distribution, or use under the Federal
Insecticide, Fungicide, and Rodenticide Act, or the residue
of such a pesticide, resulting from the application of such
pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a
pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is relevant
to protecting water quality, if--
``(i) the discharge would not have occurred but for the
violation; or
``(ii) the amount of pesticide or pesticide residue in the
discharge is greater than would have occurred without the
violation.
``(B) Stormwater discharges subject to regulation under
subsection (p).
``(C) The following discharges subject to regulation under
this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal operation of a
vessel, including a discharge resulting from ballasting
operations or vessel biofouling prevention.''.

DIVISION D--DOMESTIC ENERGY JOB PROMOTION

TITLE I--DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT REDUCTION ACT

SEC. 4101. SHORT TITLE.

This title may be cited as the ``Domestic Jobs, Domestic
Energy, and Deficit Reduction Act''.

Subtitle A--Outer Continental Shelf Leasing

SEC. 4111. LEASING PROGRAM CONSIDERED APPROVED.

(a) In General.--The Draft Proposed Outer Continental Shelf
Oil and Gas Leasing Program 2010-2015 issued by the Secretary
of the Interior (referred to in this section as the
``Secretary'') under section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344) is considered to have been
approved by the Secretary as a final oil and gas leasing
program under that section.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact
statement for the program described in subsection

[[Page S7221]]

(a) in accordance with all requirements under section
102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)).

SEC. 4112. LEASE SALES.

(a) In General.--Except as otherwise provided in this
section, not later than 180 days after the date of enactment
of this Act and every 270 days thereafter, the Secretary of
the Interior (referred to in this section as the
``Secretary'') shall conduct a lease sale in each outer
Continental Shelf planning area for which the Secretary
determines that there is a commercial interest in purchasing
Federal oil and gas leases for production on the outer
Continental Shelf.
(b) Subsequent Determinations and Sales.--If the Secretary
determines that there is not a commercial interest in
purchasing Federal oil and gas leases for production on the
outer Continental Shelf in a planning area under this
section, not later than 2 years after the date of enactment
of the determination and every 2 years thereafter, the
Secretary shall--
(1) determine whether there is a commercial interest in
purchasing Federal oil and gas leases for production on the
outer Continental Shelf in the planning area; and
(2) if the Secretary determines that there is a commercial
interest described in subsection (a), conduct a lease sale in
the planning area.
(c) Exclusion From 5-year Lease Program.--If a planning
area for which there is a commercial interest described in
subsection (a) was not included in a 5-year lease program,
the Secretary shall include leasing in the planning area in
the subsequent 5-year lease program.
(d) Petitions.--If a person petitions the Secretary to
conduct a lease sale for an outer Continental Shelf planning
area in which the person has a commercial interest, not later
than 60 days after the date of receipt of the petition, the
Secretary shall conduct a lease sale for the area.
(e) Exception.--Subsection (a) shall not apply to the North
Atlantic Planning Area.

SEC. 4113. APPLICATIONS FOR PERMITS TO DRILL.

Section 5 of the Outer Continental Shelf Lands Act (43
U.S.C. 1334) is amended by adding at the end the following:
``(k) Applications for Permits to Drill.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall approve or disapprove an application for a permit to
drill submitted under this Act not later than 20 days after
the date the application is submitted to the Secretary.
``(2) Disapproval.--If the Secretary disapproves an
application for a permit to drill submitted under paragraph
(1), the Secretary shall--
``(A) provide to the applicant a description of the reasons
for the disapproval of the application;
``(B) allow the applicant to resubmit an application during
the 10-day period beginning on the date of the receipt of the
description by the applicant; and
``(C) approve or disapprove any resubmitted application not
later than 10 days after the date the application is
submitted to the Secretary.''.

SEC. 4114. LEASE SALES FOR CERTAIN AREAS.

(a) In General.--As soon as practicable but not later than
1 year after the date of enactment of this Act, the Secretary
of the Interior shall hold--
(1) Lease Sale 216 for areas in the Central Gulf of Mexico;
(2) Lease Sale 218 for areas in the Western Gulf of Mexico;
(3) Lease Sale 220 for areas offshore the State of
Virginia; and
(4) Lease Sale 222 for areas in the Central Gulf of Mexico.
(b) Compliance With Other Laws.--For purposes of the Lease
Sales described in subsection (a), the Environmental Impact
Statement for the 2007-2015-Year OCS Plan and the applicable
Multi-Sale Environmental Impact Statement shall be considered
to satisfy the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Energy Projects in the Gulf of Mexico.--
(1) Jurisdiction.--The United States Court of Appeals for
the Fifth Circuit shall have exclusive jurisdiction over
challenges to offshore energy projects and permits to drill
carried out in the Gulf of Mexico.
(2) Filing deadline.--Any civil action to challenge a
project or permit described in paragraph (1) shall be filed
not later than 60 days after the date of approval of the
project or the issuance of the permit.

Subtitle B--Regulatory Streamlining

SEC. 4131. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES
ON PUBLIC LAND.

Subsection (e) of the Oil Shale, Tar Sands, and Other
Strategic Unconventional Fuels Act of 2005 (42 U.S.C.
15927(e)) is amended--
(1) in the first sentence, by striking ``Not later'' and
inserting the following:
``(1) In general.--Not later'';
(2) in the second sentence--
(A) by striking ``If the Secretary'' and inserting the
following:
``(2) Lease sales.--
``(A) In general.--If the Secretary''; and
(B) by striking ``may'' and inserting ``shall'';
(3) in the last sentence, by striking ``Evidence of
interest'' and inserting the following:
``(B) Evidence of interest.--Evidence of interest''; and
(4) by adding at the end the following:
``(C) Subsequent lease sales.--During any period for which
the Secretary determines that there is sufficient support and
interest in a State in the development of tar sands and oil
shale resources, the Secretary shall--
``(i) at least annually, consult with the persons described
in paragraph (1) to expedite the commercial leasing program
for oil shale resources on public land in the State; and
``(ii) at least once every 270 days, conduct a lease sale
in the State under the commercial leasing program
regulations.''.

SEC. 4132. JURISDICTION OVER COVERED ENERGY PROJECTS.

(a) Definition of Covered Energy Project.--In this section,
the term ``covered energy project'' means any action or
decision by a Federal official regarding--
(1) the leasing of Federal land (including submerged land)
for the exploration, development, production, processing, or
transmission of oil, natural gas, or any other source or form
of energy, including actions and decisions regarding the
selection or offering of Federal land for such leasing; or
(2) any action under such a lease, except that this section
and Act shall not apply to a dispute between the parties to a
lease entered into a provision of law authorizing the lease
regarding obligations under the lease or the alleged breach
of the lease.
(b) Exclusive Jurisdiction Over Causes and Claims Relating
to Covered Energy Projects.--Notwithstanding any other
provision of law, the United States District Court for the
District of Columbia shall have exclusive jurisdiction to
hear all causes and claims under this section or any other
Act that arise from any covered energy project.
(c) Time for Filing Complaint.--
(1) In general.--Each case or claim described in subsection
(b) shall be filed not later than the end of the 60-day
period beginning on the date of the action or decision by a
Federal official that constitutes the covered energy project
concerned.
(2) Prohibition.--Any cause or claim described in
subsection (b) that is not filed within the time period
described in paragraph (1) shall be barred.
(d) District Court for the District of Columbia Deadline.--
(1) In general.--Each proceeding that is subject to
subsection (b) shall--
(A) be resolved as expeditiously as practicable and in any
event not more than 180 days after the cause or claim is
filed; and
(B) take precedence over all other pending matters before
the district court.
(2) Failure to comply with deadline.--If an interlocutory
or final judgment, decree, or order has not been issued by
the district court by the deadline required under this
section, the cause or claim shall be dismissed with prejudice
and all rights relating to the cause or claim shall be
terminated.
(e) Ability To Seek Appellate Review.--An interlocutory or
final judgment, decree, or order of the district court under
this section may be reviewed by no other court except the
Supreme Court.
(f) Deadline for Appeal to the Supreme Court.--If a writ of
certiorari has been granted by the Supreme Court pursuant to
subsection (e), the interlocutory or final judgment, decree,
or order of the district court shall be resolved as
expeditiously as practicable and in any event not more than
180 days after the interlocutory or final judgment, decree,
order of the district court is issued.

SEC. 4133. ENVIRONMENTAL IMPACT STATEMENTS.

Title I of the National Environmental Policy Act of 1969
(42 U.S.C. 4331 et seq.) is amended by adding at the end the
following:

``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT
STATEMENTS.

``(a) Completion.--
``(1) In general.--Notwithstanding any other provision of
law, each review carried out under section 102(2)(C) with
respect to any action taken under any provision of law, or
for which funds are made available under any provision of
law, shall be completed not later than the date that is 270
days after the commencement of the review.
``(2) Failure to complete review.--If a review described in
paragraph (1) has not been completed for an action subject to
section 102(2)(C) by the date specified in paragraph (1)--
``(A) the action shall be considered to have no significant
impact described in section 102(2)(C); and
``(B) that classification shall be considered to be a final
agency action.
``(3) Unemployment rate.--If the national unemployment rate
is 5 percent or more, the lead agency conducting a review of
an action under this section shall use the most expeditious
means authorized under this title to conduct the review.
``(b) Lead Agency.--The lead agency for a review of an
action under this section shall be the Federal agency to
which funds are made available for the action.
``(c) Review.--
``(1) Administrative appeals.--There shall be a single
administrative appeal for each review carried out pursuant to
section 102(2)(C).
``(2) Judicial review.--
``(A) In general.--On resolution of the administrative
appeal, judicial review of the final agency decision after
exhaustion of administrative remedies shall lie with the
United States Court of Appeals for the District of Columbia
Circuit.

[[Page S7222]]

``(B) Administrative record.--An appeal to the court
described in subparagraph (A) shall be based only on the
administrative record.
``(C) Pendency of judicial review.--After an agency has
made a final decision with respect to a review carried out
under this subsection, the decision shall be effective during
the course of any subsequent appeal to a court described in
subparagraph (A).
``(3) Civil action.--Each civil action covered by this
section shall be considered to arise under the laws of the
United States.''.

SEC. 4134. CLEAN AIR REGULATION.

(a) Regulation of Greenhouse Gases.--Section 302(g) of the
Clean Air Act (42 U.S.C. 7602(g)) is amended--
(1) by striking ``(g) The term'' and inserting the
following:
``(g) Air Pollutant.--
``(1) In general.--The term'';
(2) by striking ``Such term'' and inserting the following:
``(2) Inclusions.--The term `air pollutant' ''; and
(3) by adding at the end the following:
``(3) Exclusions.--The term `air pollutant' does not
include carbon dioxide, methane from agriculture or
livestock, or water vapor.''.
(b) Emission Waivers.--The Administrator of the
Environmental Protection Agency shall not grant to any State
any waiver of Federal preemption of motor vehicle standards
under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b))
for preemption under that Act for any regulation of the State
to control greenhouse gas emissions from motor vehicles.

SEC. 4135. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.

Section 321(b) of the Clean Air Act (42 U.S.C. 7621(b)) is
amended--
(1) by designating the first through eighth sentences as
paragraphs (1) through (8), respectively; and
(2) by adding at the end the following:
``(9) Economic analysis.--Not later than 30 days before
conducting a public hearing or providing notice of a
determination that a hearing is not necessary with respect to
a requirement described in paragraph (1), the Administrator
shall--
``(A) conduct a full economic analysis of the requirement;
and
``(B) make the results of the analysis available to the
public.
``(10) Economic review board.--
``(A) In general.--Not later than 30 days after the date on
which the Administrator makes the results of an economic
analysis of a requirement available to the public under
paragraph (9)(B), the Secretary of Commerce shall establish
an economic review board consisting of a representative from
each Federal agency with jurisdiction over affected
industries to assess--
``(i) the cumulative economic impact of the requirement,
including the direct, indirect, quantifiable, and qualitative
effects;
``(ii) the cost of compliance with the requirement;
``(iii) the effect of the requirement on the retirement or
closure of domestic businesses;
``(iv) the direct and indirect adverse impacts on the
economies of local communities that are projected to result
from the requirement;
``(v) energy sectors that could be expected to retire units
as a result of the requirement;
``(vi) the impact of the requirement on the price of
electricity, oil, gas, coal, and renewable resources;
``(vii) the economic harm to consumers resulting from the
requirement;
``(viii) the impact of the requirement on the ability of
industries and businesses in the United States to compete
with industries and businesses in other countries, with
respect to competitiveness in both domestic and foreign
markets;
``(ix) the regions of the United States that are forecasted
to be--

``(I) most affected from the direct and indirect adverse
impacts of the requirement from the retirement of impacted
units and increased prices for retail electricity,
transportation fuels, heating oil, and petrochemicals; and
``(II) least affected from adverse impacts described in
subclause (I) due to the creation of new jobs and economic
growth that are expected to result directly and indirectly
from energy construction projects;

``(x) the adverse impacts of the requirement on electric
reliability that are expected to result from the retirement
of electric generation;
``(xi) the geographical distribution of the projected
adverse electric reliability impacts of the requirement;
``(xii) Federal, State, and local policies that have been
or will be implemented to support energy infrastructure in
the United States, including policies that promote fuel
diversity, affordable and reliable electricity, and energy
security; and
``(xiii) other direct and indirect impacts that are
expected to result from the cumulative obligation to comply
with the requirement.
``(B) Report.--Not later than 30 days after the date on
which the economic review board completes the assessment of a
requirement under subparagraph (A), the economic review board
shall submit to Congress, the President, and the Secretary a
report that describes the results of the assessment.
``(C) Regulations.--The Administrator shall not promulgate
regulations to implement a requirement described in paragraph
(1) until at least 60 days after the date of submission of
the report on the requirement under subparagraph (B).''.

SEC. 4136. ENDANGERED SPECIES.

(a) Emergencies.--Section 10 of the Endangered Species Act
of 1973 (16 U.S.C. 1539) is amended by adding at the end the
following:
``(k) Emergencies.--On the declaration of an emergency by
the Governor of a State, the Secretary shall, for the
duration of the emergency, temporarily exempt from the
prohibition against taking, and the prohibition against the
adverse modification of critical habitat, under this Act any
action that is reasonably necessary to avoid or ameliorate
the impact of the emergency, including the operation of any
water supply or flood control project by a Federal agency.''.
(b) Prohibition of Consideration of Impact of Greenhouse
Gas.--
(1) In general.--The Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) is amended by adding at the end the
following:

``SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF
GREENHOUSE GAS.

``(a) Definition of Greenhouse.--In this section, the term
`greenhouse gas' means any of--
``(1) carbon dioxide;
``(2) methane;
``(3) nitrous oxide;
``(4) sulfur hexafluoride;
``(5) a hydrofluorocarbon;
``(6) a perfluorocarbon; or
``(7) any other anthropogenic gas designated by the
Secretary for purposes of this section.
``(b) Impact of Greenhouse Gas.--The impact of greenhouse
gas on any species of fish or wildlife or plant shall not be
considered for any purpose in the implementation of this
Act.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16
U.S.C. prec. 1531) is amended by adding at the end the
following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 19. Prohibition of consideration of impact of greenhouse gas.''.

SEC. 4137. REISSUANCE OF PERMITS AND LEASES.

(a) Environmental Protection Agency.--Not later than 30
days after the date of enactment of this Act, the
Administrator of the Environment Protection Agency shall
approve the specification of the areas described in the
notice entitled ``Final Determination of the Assistant
Administrator for Water Pursuant to Section 404(c) of the
Clean Water Act Concerning the Spruce No. 1 Mine, Logan
County, WV'' (76 Fed. Reg. 3126; January 19. 2011), with no
further review or analysis.
(b) Department of the Interior.--Not later than 30 days
after the date of enactment of this Act, the Secretary of the
Interior shall issue or reissue, with no further review or
analysis, each lease for the production of oil or gas in the
State of Utah was cancelled during any of calendar years 2009
through 2011.

SEC. 4138. CENTRAL VALLEY PROJECT.

The Act of August 27, 1954 (68 Stat. 879, chapter 1012; 16
U.S.C. 695d et seq.) is amended by adding at the end the
following:

``SEC. 9. EFFECT OF BIOLOGICAL OPINIONS.

``Notwithstanding any other provision of law, in connection
with the Central Valley Project, the Bureau of Reclamation
and an agency of the State of California operating a water
project in connection with the Project shall not restrict
operations of an applicable project pursuant to any
biological opinion issued under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), if the restriction would
result in a level of allocation of water that is less than
the historical maximum level of allocation of water under the
project.''.

SEC. 4139. BEAUFORT SEA OIL DRILLING PROJECT.

Not later than 30 days after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall issue a permit under the Clean Air Act (42 U.S.C. 7401
et seq.) to Shell Oil Company to permit the Company to drill
for oil in the Beaufort Sea, with no further review or
analysis.

SEC. 4140. ENVIRONMENTAL LEGAL FEES.

Section 504 of title 5, United States Code, is amended by
adding at the end the following:
``(g) Environmental Legal Fees.--Notwithstanding section
1304 of title 31, no award may be made under this section and
no amounts may be obligated or expended from the Claims and
Judgment Fund of the United States Treasury to pay any legal
fees of an environmental nongovernmental organization related
to an action that (with respect to the United States)--
``(1) prevents, terminates, or reduces access to or the
production of--
``(A) energy;
``(B) a mineral resource;
``(C) water by agricultural producers;
``(D) a resource by commercial or recreational fishermen;
or
``(E) grazing or timber production on Federal land;
``(2) diminishes the private property value of a property
owner; or
``(3) eliminates or prevents 1 or more jobs.''.

TITLE II--JOBS AND ENERGY PERMITTING ACT

SEC. 4201. SHORT TITLE.

This title may be cited as the ``Jobs and Energy Permitting
Act''.

[[Page S7223]]

SEC. 4202. AIR QUALITY MEASUREMENT.

Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended in the second sentence by inserting
before the period at the end the following: ``, except that
any air quality impact of any OCS source shall be measured or
modeled, as appropriate, and determined solely with respect
to the impacts in the corresponding onshore area''.

SEC. 4203. OUTER CONTINENTAL SHELF SOURCE.

Section 328(a)(4) of the Clean Air Act (42 U.S.C.
7627(a)(4)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``subsections (a) and (b)'' and inserting ``this subsection
and subsections (b) and (d)''; and
(2) in subparagraph (C)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and by indenting
the subclauses appropriately;
(B) by striking ``The terms'' and inserting ``(i) In
general.--The terms''; and
(C) by striking the undesignated matter following subclause
(III) (as redesignated by subparagraph (A)) and inserting the
following:
``(ii) OCS source activity.--An OCS source activity
includes platform and drill ship exploration, construction,
development, production, processing, and transportation.
``(iii) Emissions.--Emissions from any vessel servicing or
associated with an OCS source, including emissions while at
the OCS source or en route to or from the OCS source within
25 miles of the OCS source--

``(I) shall be considered direct emissions from the OCS
source; but
``(II) shall not be subject to any emission control
requirement applicable to the source under subpart 1 of part
C of title I.

``(iv) Platform or drill ship exploration.--For platform or
drill ship exploration, an OCS source is established at the
point in time when drilling commences at a location and
ceases to exist when drilling activity ends at that location
or is temporarily interrupted because the platform or drill
ship relocates for weather or other reasons.''.

SEC. 4204. PERMITS.

Section 328 of the Clean Air Act (42 U.S.C. 7627) is
amended by adding at the end the following:
``(d) Permit Application.--In the case of a completed
application for a permit under this Act for platform or drill
ship exploration for an OCS source--
``(1) final agency action (including any reconsideration of
the issuance or denial of the permit) shall be taken not
later than 180 days after the date of filing the completed
application;
``(2) the Environmental Appeals Board of the Environmental
Protection Agency shall have no authority to consider any
matter relating to the consideration, issuance, or denial of
the permit;
``(3) no administrative stay of the effectiveness of the
permit may extend beyond the date that is 180 days after the
date of filing the completed application;
``(4) the final agency action shall be considered to be
nationally applicable under section 307(b); and
``(5) judicial review of the final agency action shall be
available only in accordance with section 307(b) without
additional administrative review or adjudication.''.

TITLE III--AMERICAN ENERGY AND WESTERN JOBS ACT

SEC. 4301. SHORT TITLE.

This title may be cited as the ``American Energy and
Western Jobs Act''.

SEC. 4302. RESCISSION OF CERTAIN INSTRUCTION MEMORANDA.

The following are rescinded and shall have no force or
effect:
(1) The Bureau of Land Management Instruction Memorandum
entitled ``Oil and Gas Leasing Reform--Land Use Planning and
Lease Parcel Reviews'', numbered 2010-117, and dated May 17,
2010.
(2) The Bureau of Land Management Instruction Memorandum
entitled ``Energy Policy Act Section 390 Categorical
Exclusion Policy Revision'', numbered 2010-118, and dated May
17, 2010.
(3) Secretarial Order No. 3310 issued by the Secretary of
the Interior on December 22, 2010.

SEC. 4303. AMENDMENTS TO THE MINERAL LEASING ACT.

(a) Onshore Oil and Gas Lease Issuance Improvement.--
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended in the seventh sentence, by striking
``Leases shall be issued within 60 days following payment by
the successful bidder of the remainder of the bonus bid, if
any, and the annual rental for the first lease year'' and
inserting ``The Secretary of the Interior shall automatically
issue a lease 60 days after the date of the payment by the
successful bidder of the remainder of the bonus bid, if any,
and the annual rental for the first lease year, unless the
Secretary of the Interior is able to issue the lease before
that date. The filing of any protest to the sale or issuance
of a lease shall not extend the date by which the lease is to
be issued''.
(b) Judicial Review.--Section 17 of the Mineral Leasing Act
(30 U.S.C. 226) is amended by adding at the end the
following:
``(q) Judicial Review.--Any action seeking judicial review
of the adequacy of any program or site-specific environmental
impact statement under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) concerning
oil and gas leasing for onshore Federal land shall be barred
unless the action is brought in the appropriate district
court of the United States by the date that is 60 days after
the date on which there is published in the Federal Register
the notice of the availability of the environmental impact
statement.''.
(c) Determination of Impact of Proposed Policy
Modifications.--The Mineral Leasing Act is amended by
inserting after section 37 (30 U.S.C. 193) the following:

``SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POLICY
MODIFICATIONS.

``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of the Interior.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Duty of Secretary.--
``(1) In general.--Before the modification and
implementation of any onshore oil or natural gas preleasing
or leasing and development policy (as in effect as of January
1, 2010) or a policy relating to protecting the wilderness
characteristics of public land, the Secretary shall--
``(A) complete an economic impact assessment in accordance
with paragraph (2); and
``(B) issue a determination that the proposed policy
modification would have the effects described in paragraph
(2)(A).
``(2) Requirements.--In carrying out an assessment to
determine the impact of a proposed policy modification
described in paragraph (1), the Secretary shall--
``(A) in consultation with the appropriate officials of
each State (including political subdivisions of the State) in
which 1 or more parcels of land subject to oil and natural
gas leasing are located and any other appropriate individuals
or entities, as determined by the Secretary--
``(i)(I) carry out an economic analysis of the impact of
the policy modification on oil- and natural gas-related
employment opportunities and domestic reliance on foreign
imports of petroleum resources; and
``(II) certify that the policy modification would not
result in a detrimental impact on employment opportunities
relating to oil- and natural gas-related development or
contribute to an increase in the domestic use of imported
petroleum resources; and
``(ii) carry out a policy assessment to determine the
manner by which the policy modification would impact--

``(I) revenues from oil and natural gas receipts to the
general fund of the Treasury, including a certification that
the modification would, for the 10-year period beginning on
the date of implementation of the modification, not
contribute to an aggregate loss of oil and natural gas
receipts; and
``(II) revenues to the treasury of each affected State that
shares oil and natural gas receipts with the Federal
Government, including a certification that the modification
would, for the 10-year period beginning on the date of
implementation of the modification, not contribute to an
aggregate loss of oil and natural gas receipts; and

``(B) provide notice to the public of, and an opportunity
to comment on, the policy modification in a manner consistent
with subchapter II of chapter 5 and chapter 7 of title 5,
United States Code (commonly known as the `Administrative
Procedure Act').''.

SEC. 4304. ANNUAL REPORT ON REVENUES GENERATED FROM MULTIPLE
USE OF PUBLIC LAND.

(a) Annual Report.--As part of the annual agency budget,
the Secretary of the Interior (acting through the Director of
the Bureau of Land Management) and the Secretary of
Agriculture (acting through the Chief of the Forest Service)
shall submit an annual report detailing, for each field
office, the revenues generated by each use of public land.
(b) Inclusions.--The report shall include--
(1) a line item for each use of public land, including use
for--
(A) grazing;
(B) recreation;
(C) timber;
(D) leasable minerals, including a distinct accounting for
each of oil, natural gas, coal, and geothermal development;
(E) locatable minerals;
(F) renewable energy sources, including a distinct
accounting for each of wind and solar energy;
(G) the sale of land; and
(H) transmission; and
(2) identification of the total acres designated as
wilderness, wilderness study areas, and wild lands.
(c) Availability.--The Secretary of the Interior and the
Secretary of Agriculture shall make the report prepared under
this section publicly available on the applicable agency
website.

SEC. 4305. FEDERAL ONSHORE OIL AND NATURAL GAS PRODUCTION
GOAL.

(a) In General.--The Secretary of the Interior shall
establish a domestic strategic production goal for the
development of oil and natural gas managed by the Federal
Government.
(b) Requirements.--In establishing the goal under
subsection (a), the Secretary shall--
(1) ensure that the United States maintains or increases
production of Federal onshore oil and natural gas;
(2) ensure that the 10-year production outlook for Federal
onshore oil and natural gas be provided annually;
(3) examine steps to streamline the permitting process to
meet the goal;
(4) include the goal in each resource management plan; and
(5) analyze each proposed policy of the Department of the
Interior for the potential

[[Page S7224]]

impact of the policy on achieving the goal before
implementation of the policy.

SEC. 4306. OIL SHALE.

(a) Additional Research and Development Lease Sales.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of the Interior shall hold a lease sale in
which the Secretary of the Interior shall offer an additional
10 parcels for lease for research, development, and
demonstration of oil shale resources in accordance with the
terms offered in the solicitation of bids for the leases
described in the notice entitled ``Potential for Oil Shale
Development; Call for Nominations--Oil Shale Research,
Development, and Demonstration (R, D, and D) Program'' (74
Fed. Reg. 2611).
(b) Application of Regulations.--The final rule entitled
``Oil Shale Management--General'' (73 Fed. Reg. 69414), shall
apply to all commercial leasing for the management of
federally owned oil shale and any associated minerals located
on Federal land.

TITLE IV--MINING JOBS PROTECTION ACT

SEC. 4401. SHORT TITLE.

This title may be cited as the ``Mining Jobs Protection
Act''.

SEC. 4402. PERMITS FOR DREDGED OR FILL MATERIAL.

Section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) is amended by striking subsection (c) and
inserting the following:
``(c) Authority of Administrator To Disapprove
Specifications.--
``(1) In general.--The Administrator, in accordance with
this subsection, may prohibit the specification of any
defined area as a disposal site, and may deny or restrict the
use of any defined area for specification as a disposal site,
in any case in which the Administrator determines, after
notice and opportunity for public hearings and consultation
with the Secretary, that the discharge of those materials
into the area will have an unacceptable adverse effect on--
``(A) municipal water supplies;
``(B) shellfish beds and fishery areas (including spawning
and breeding areas);
``(C) wildlife; or
``(D) recreational areas.
``(2) Deadline for action.--
``(A) In general.--The Administrator shall--
``(i) not later than 30 days after the date on which the
Administrator receives from the Secretary for review a
specification proposed to be issued under subsection (a),
provide notice to the Secretary of, and publish in the
Federal Register, a description of any potential concerns of
the Administrator with respect to the specification,
including a list of measures required to fully address those
concerns; and
``(ii) if the Administrator intends to disapprove a
specification, not later than 60 days after the date on which
the Administrator receives a proposed specification under
subsection (a) from the Secretary, provide to the Secretary
and the applicant, and publish in the Federal Register, a
statement of disapproval of the specification pursuant to
this subsection, including the reasons for the disapproval.
``(B) Failure to act.--If the Administrator fails to take
any action or meet any deadline described in subparagraph (A)
with respect to a proposed specification, the Administrator
shall have no further authority under this subsection to
disapprove or prohibit issuance of the specification.
``(3) No retroactive disapproval.--
``(A) In general.--The authority of the Administrator to
disapprove or prohibit issuance of a specification under this
subsection--
``(i) terminates as of the date that is 60 days after the
date on which the Administrator receives the proposed
specification from the Secretary for review; and
``(ii) shall not be used with respect to any specification
after issuance of the specification by the Secretary under
subsection (a).
``(B) Specifications disapproved before date of
enactment.--In any case in which, before the date of
enactment of this subparagraph, the Administrator disapproved
a specification under this subsection (as in effect on the
day before the date of enactment of the Jobs Through Growth
Act) after the specification was issued by the Secretary
pursuant to subsection (a)--
``(i) the Secretary may--

``(I) reevaluate and reissue the specification after making
appropriate modifications; or
``(II) elect not to reissue the specification; and

``(ii) the Administrator shall have no further authority to
disapprove the modified specification or any reissuance of
the specification.
``(C) Finality.--An election by the Secretary under
subparagraph (B)(i) shall constitute final agency action.
``(4) Applicability.--Except as provided in paragraph (3),
this subsection applies to each specification proposed to be
issued under subsection (a) that is pending as of, or
requested or filed on or after, the date of enactment of the
Jobs Through Growth Act''.

SEC. 4403. REVIEW OF PERMITS.

Section 404(q) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(q)) is amended--
(1) in the first sentence, by striking ``(q) Not later
than'' and inserting the following:
``(q) Agreements; Higher Review of Permits.--
``(1) Agreements.--
``(A) In general.--Not later than'';
(2) in the second sentence, by striking ``Such agreements''
and inserting the following:
``(B) Deadline.--Agreements described in subparagraph
(A)''; and
(3) by adding at the end the following:
``(2) Higher review of permits.--
``(A) In general.--Subject to subparagraph (C), before the
Administrator or the head of another Federal agency requests
that a permit proposed to be issued under this section
receive a higher level of review by the Secretary, the
Administrator or other head shall--
``(i) consult with the head of the State agency having
jurisdiction over aquatic resources in each State in which
activities under the requested permit would be carried out;
and
``(ii) obtain official consent from the State agency (or,
in the case of multiple States in which activities under the
requested permit would be carried out, from each State
agency) to designate areas covered or affected by the
proposed permit as aquatic resources of national importance.
``(B) Failure to obtain consent.--If the Administrator or
the head of another Federal agency does not obtain State
consent described in subparagraph (A) with respect to a
permit proposed to be issued under this section, the
Administrator or Federal agency may not proceed in seeking
higher review of the permit.
``(C) Limitation on elevations.--The Administrator or the
head of another Federal agency may request that a permit
proposed to be issued under this section receive a higher
level of review by the Secretary not more than once per
permit.
``(D) Effective date.--This paragraph applies to permits
for which applications are submitted under this section on or
after January 1, 2010.''.

TITLE V--ENERGY TAX PREVENTION ACT

SEC. 4501. SHORT TITLE.

This title may be cited as the ``Energy Tax Prevention
Act''.

SEC. 4502. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

(a) In General.--Title III of the Clean Air Act (42 U.S.C.
7601 et seq.) is amended by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

``(a) Definition.--In this section, the term `greenhouse
gas' means any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this
Act to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--
``(A) In general.--The Administrator may not, under this
Act, promulgate any regulation concerning, take action
relating to, or take into consideration the emission of a
greenhouse gas to address climate change.
``(B) Air pollutant definition.--The definition of the term
`air pollutant' in section 302(g) does not include a
greenhouse gas. Nothwithstanding the previous sentence, such
definition may include a greenhouse gas for purposes of
addressing concerns other than climate change.
``(2) Exceptions.--Paragraph (1) does not prohibit the
following:
``(A) Notwithstanding paragraph (4)(B), implementation and
enforcement of the rule entitled `Light-Duty Vehicle
Greenhouse Gas Emission Standards and Corporate Average Fuel
Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and
without further revision) and finalization, implementation,
enforcement, and revision of the proposed rule entitled
`Greenhouse Gas Emissions Standards and Fuel Efficiency
Standards for Medium- and Heavy-Duty Engines and Vehicles'
published at 75 Fed. Reg. 74152 (November 30, 2010).
``(B) Implementation and enforcement of section 211(o).
``(C) Statutorily authorized Federal research, development,
and demonstration programs addressing climate change.
``(D) Implementation and enforcement of title VI to the
extent such implementation or enforcement only involves one
or more class I or class II substances (as such terms are
defined in section 601).
``(E) Implementation and enforcement of section 821 (42
U.S.C. 7651k note) of Public Law 101-549 (commonly referred
to as the `Clean Air Act Amendments of 1990').
``(3) Inapplicability of provisions.--Nothing listed in
paragraph (2) shall cause a greenhouse gas to be subject to
part C of title I (relating to prevention of significant
deterioration of air quality) or considered an air pollutant
for purposes of title V (relating to air permits).
``(4) Certain prior agency actions.--The following rules,
and actions (including any supplement or revision to such
rules and actions) are repealed and shall have no legal
effect:
``(A) `Mandatory Reporting of Greenhouse Gases', published
at 74 Fed. Reg. 56260 (October 30, 2009).
``(B) `Endangerment and Cause or Contribute Findings for
Greenhouse Gases under section 202(a) of the Clean Air Act'
published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
``(C) `Reconsideration of the Interpretation of Regulations
That Determine Pollutants

[[Page S7225]]

Covered by Clean Air Act Permitting Programs' published at 75
Fed. Reg. 17004 (April 2, 2010) and the memorandum from
Stephen L. Johnson, Environmental Protection Agency (EPA)
Administrator, to EPA Regional Administrators, concerning
`EPA's Interpretation of Regulations that Determine
Pollutants Covered by Federal Prevention of Significant
Deterioration (PSD) Permit Program' (Dec. 18, 2008).
``(D) `Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg.
31514 (June 3, 2010).
``(E) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Substantial
Inadequacy and SIP Call', published at 75 Fed. Reg. 77698
(December 13, 2010).
``(F) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Failure to
Submit State Implementation Plan Revisions Required for
Greenhouse Gases', published at 75 Fed. Reg. 81874 (December
29, 2010).
``(G) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Federal Implementation
Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
``(H) `Action To Ensure Authority To Implement Title V
Permitting Programs Under the Greenhouse Gas Tailoring Rule',
published at 75 Fed. Reg. 82254 (December 30, 2010).
``(I) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program', published at 75 Fed. Reg. 82430
(December 30, 2010).
``(J) `Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-
Sources in State Implementation Plans; Final Rule', published
at 75 Fed. Reg. 82536 (December 30, 2010).
``(K) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program; Proposed Rule', published at 75 Fed.
Reg. 82365 (December 30, 2010).
``(L) Except for action listed in paragraph (2), any other
Federal action under this Act occurring before the date of
enactment of this section that applies a stationary source
permitting requirement or an emissions standard for a
greenhouse gas to address climate change.
``(5) State action.--
``(A) No limitation.--This section does not limit or
otherwise affect the authority of a State to adopt, amend,
enforce, or repeal State laws and regulations pertaining to
the emission of a greenhouse gas.
``(B) Exception.--
``(i) Rule.--Notwithstanding subparagraph (A), any
provision described in clause (ii)--

``(I) is not federally enforceable;
``(II) is not deemed to be a part of Federal law; and
``(III) is deemed to be stricken from the plan described in
clause (ii)(I) or the program or permit described in clause
(ii)(II), as applicable.

``(ii) Provisions defined.--For purposes of clause (i), the
term `provision' means any provision that--

``(I) is contained in a State implementation plan under
section 110 and authorizes or requires a limitation on, or
imposes a permit requirement for, the emission of a
greenhouse gas to address climate change; or
``(II) is part of an operating permit program under title
V, or a permit issued pursuant to title V, and authorizes or
requires a limitation on the emission of a greenhouse gas to
address climate change.

``(C) Action by administrator.--The Administrator may not
approve or make federally enforceable any provision described
in subparagraph (B)(ii).''.

SEC. 4503. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is
amended by adding at the end the following:
``(4) With respect to standards for emissions of greenhouse
gases (as defined in section 330) for model year 2017 or any
subsequent model year for new motor vehicles and new motor
vehicle engines--
``(A) the Administrator may not waive application of
subsection (a); and
``(B) no waiver granted prior to the date of enactment of
this paragraph may be considered to waive the application of
subsection (a).''.

TITLE VI--REPEAL RESTRICTIONS ON GOVERNMENT USE OF DOMESTIC ALTERNATIVE
FUELS

SEC. 4601. REPEAL OF UNNECESSARY BARRIER TO DOMESTIC FUEL
PRODUCTION.

Section 526 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17142) is repealed.

TITLE VII--PUBLIC LANDS JOB CREATION ACT

SEC. 4701. SHORT TITLE.

This title may be cited as the ``Public Lands Job Creation
Act''.

SEC. 4702. REVIEW OF CERTAIN FEDERAL REGISTER NOTICES.

If, by the date that is 45 days after the date on which a
State Bureau of Land Management office has submitted a
Federal Register notice to the Washington, DC, office of the
Bureau of Land Management for Department of Interior review,
the review has not been completed--
(1) the notice shall consider to be approved; and
(2) the State Bureau of Land Management office shall
immediately forward the notice to the Federal Register for
publication.

DIVISION E--EXPORT PROMOTION

SEC. 5001. SHORT TITLE.

This division may be cited as the ``Creating American Jobs
through Exports Act of 2011''.

SEC. 5002. RENEWAL OF TRADE PROMOTION AUTHORITY.

(a) In General.--Section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3803) is amended--
(1) in subsection (a)(1), by striking subparagraph (A) and
inserting the following:
``(A) may enter into trade agreements with foreign
countries--
``(i) on and after the date of the enactment of the
Creating American Jobs through Exports Act of 2011 and before
June 1, 2013; or
``(ii) on and after June 1, 2013, and before December 31,
2013, if trade authorities procedures are extended under
subsection (c); and'';
(2) in subsection (b)(1), by striking subparagraph (C) and
inserting the following:
``(C) The President may enter into a trade agreement under
this paragraph--
``(i) on and after the date of the enactment of the
Creating American Jobs through Exports Act of 2011 and before
June 1, 2013; or
``(ii) on and after June 1, 2013, and before December 31,
2013, if trade authorities procedures are extended under
subsection (c).''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``before July 1,
2005'' and inserting ``on and after the date of the enactment
of the Creating American Jobs through Exports Act of 2011 and
before June 1, 2013''; and
(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by striking ``after
June 30, 2005, and before July 1, 2007'' and inserting ``on
or after June 1, 2013, and before December 31, 2013''; and
(II) in clause (ii), by striking ``July 1, 2005'' and
inserting ``June 1, 2013'';

(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``April 1, 2005'' and inserting ``March 1,
2013'';
(C) in paragraph (3)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``June 1, 2005'' and inserting ``May 1,
2013''; and
(ii) in subparagraph (B)--

(I) by striking ``June 1, 2005'' and inserting ``May 1,
2013''; and
(II) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the Creating
American Jobs through Exports Act of 2011''; and

(D) in paragraph (5), by striking ``June 30, 2005'' each
place it appears and inserting ``May 31, 2013''.
(b) Treatment of the Trans-Pacific Partnership Agreement
and Certain Other Agreements.--Section 2106 of the Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3806) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the comma at the end and
inserting ``, or'';
(B) by striking paragraphs (2), (3), and (4) and inserting
the following:
``(2) establishes a Trans-Pacific Partnership,''; and
(C) in the flush text at the end, by striking ``the date of
the enactment of this Act'' and inserting ``the date of the
enactment of the Creating American Jobs through Exports Act
of 2011''; and
(2) in subsection (b)(2), in the matter preceding
subparagraph (A), by striking ``the enactment of this Act''
and inserting ``the date of the enactment of the Creating
American Jobs through Exports Act of 2011''.

SEC. 5003. MODIFICATION OF STANDARD FOR PROVISIONS THAT MAY
BE INCLUDED IN IMPLEMENTING BILLS.

Section 2103(b) of the Bipartisan Trade Promotion Authority
Act of 2002 (19 U.S.C. 3803(b)), as amended by section
5002(a), is further amended in paragraph (3)(B) by striking
clause (ii) and inserting the following:
``(ii) provisions that are necessary to the implementation
and enforcement of such trade agreement.''.

____________________