[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3487 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3487
To encourage job creation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2011
Mr. Buchanan introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Natural Resources, the Judiciary, Energy and Commerce, Science, Space,
and Technology, Education and the Workforce, Small Business, and
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage job creation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Job Creation Act
of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TRADE
Sec. 101. Sense of Congress regarding implementation of certain free
trade agreements.
Sec. 102. Sense of Congress regarding China's intellectual property
rights violations.
TITLE II--TAX REFORM
Sec. 201. Sense of Congress regarding tax reform.
TITLE III--BALANCED BUDGET AMENDMENT
Sec. 301. Sense of Congress regarding a balanced budget amendment.
TITLE IV--ENERGY
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Leasing program for lands within the Coastal Plain.
Sec. 404. Lease sales.
Sec. 405. Grant of leases by the Secretary.
Sec. 406. Lease terms and conditions.
Sec. 407. Coastal Plain environmental protection.
Sec. 408. Expedited judicial review.
Sec. 409. Federal and State distribution of revenues.
Sec. 410. Rights-of-way across the Coastal Plain.
Sec. 411. Conveyance.
Sec. 412. Local government impact aid and community service assistance.
Sec. 413. ANWR Alternative Energy Trust Fund.
TITLE V--REDUCTION IN FEDERAL WORKFORCE
Sec. 501. Reduction in Federal workforce.
TITLE VI--REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE
Sec. 601. Repeal of employer health insurance mandate.
TITLE VII--SECRET BALLOT PROTECTION ACT
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. National Labor Relations Act.
Sec. 704. Regulations.
TITLE VIII--FEDERAL RULES OF CIVIL PROCEDURE IMPROVEMENTS
Sec. 801. Attorney accountability.
Sec. 802. Applicability of Rule 11 to State cases affecting interstate
commerce.
Sec. 803. Prevention of forum-shopping.
Sec. 804. Rule of construction.
Sec. 805. Three-strikes rule for suspending attorneys who commit
multiple Rule 11 violations.
Sec. 806. Presumption of rule 11 violation for repeatedly relitigating
same issue.
Sec. 807. Enhanced sanctions for document destruction in pending
Federal court proceedings.
Sec. 808. Ban on concealment of unlawful conduct.
TITLE IX--REGULATORY FLEXIBILITY IMPROVEMENTS ACT OF 2011
Sec. 901. Short title.
Sec. 902. Clarification and expansion of rules covered by the
Regulatory Flexibility Act.
Sec. 903. Requirements providing for more detailed analyses.
Sec. 904. Repeal of waiver and delay authority; additional powers of
the Chief Counsel for Advocacy.
Sec. 905. Procedures for gathering comments.
Sec. 906. Periodic review of rules.
Sec. 907. Judicial review of compliance with the requirements of the
Regulatory Flexibility Act available after
publication of the final rule.
Sec. 908. Jurisdiction of court of appeals over rules implementing the
Regulatory Flexibility Act.
Sec. 909. Clerical amendments.
TITLE I--TRADE
SEC. 101. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF CERTAIN FREE
TRADE AGREEMENTS.
(a) Findings.--Congress finds the following:
(1) Ninety-five percent of the world's consumers live
outside the United States.
(2) It is imperative to the United States economy that
United States businesses sell their goods and services outside
the United States.
(3) Congress and the Administration are currently working
to implement free trade agreements with Colombia, Panama, and
South Korea. The United States International Trade Commission
recently reported that implementation of the three free trade
agreements would increase United States exports by $13 billion,
adding $10 billion to the Gross Domestic Product of the United
States. Such an increase would support 250,000 American jobs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress should continue to work with the
Administration to expand trading markets;
(2) the President should pursue quick entry into force of
the three trade agreements; and
(3) the future growth of the United States economy requires
this pro-growth strategy.
SEC. 102. SENSE OF CONGRESS REGARDING CHINA'S INTELLECTUAL PROPERTY
RIGHTS VIOLATIONS.
(a) Findings.--Congress finds the following:
(1) United States copyright industries suffer severe losses
due to piracy in China.
(2) Counterfeiting remains pervasive in many retail and
wholesale markets in China.
(3) China also maintains market access barriers, which
delay entry into China for legitimate products and, thus,
create commercial opportunities for infringing products.
(4) According to a report by the United States
International Trade Commission, Chinese piracy and
counterfeiting of United States software and a wide range of
other intellectual property cost American businesses an
estimated $48 billion in 2009.
(5) The report also concluded that 2.1 million jobs could
be created in the United States if China complied with its
current international obligations to protect and enforce
intellectual property rights.
(6) The most direct jobs impact would come in high-tech and
other innovative industries.
(b) Sense of Congress.--It is the sense of Congress that China's
intellectual property rights violations are a problem for our economy.
TITLE II--TAX REFORM
SEC. 201. SENSE OF CONGRESS REGARDING TAX REFORM.
(a) Findings.--Congress finds the following:
(1) The Federal tax code is long, complex, antiquated, and
stifling growth in our economy.
(2) Comprehensive reform of the Federal tax code is needed
to get Americans working again and our economy back on track.
(3) Independent economists estimate that, when coupled with
reduced Federal spending, comprehensive tax reform could lead
to the creation of 1 million jobs in the first year alone.
(4) The Federal tax code has become so complex that even
the Commissioner of the Internal Revenue Service does not
prepare his own taxes.
(5) The Internal Revenue Service reports that the average
person spends more than 21 hours to fill out the tax forms.
(6) A USA Today editorial lampooned the complexity by
noting that the instruction booklet for Apple's Ipad is one
page, while the instruction booklet for this year's IRS 1040
long form is 172 pages.
(7) The Federal tax system needs to be reformed in order
for the United States to once again be competitive in the
international market.
(8) Only Japan has a higher corporate tax rate than
America, which has a combined Federal-State rate of 39.2
percent, and Japan has already indicated its intent to lower
its rate.
(9) In 1960, 17 companies headquartered in the United
States comprised 17 of the world's largest 20 companies--that's
85 percent. By 2010, just 6 companies headquartered in the
United States--or a mere 30 percent--were ranked among the top
20.
(b) Sense of Congress.--It is the sense of Congress that reforming
the Federal tax code will benefit American taxpayers and our economy.
TITLE III--BALANCED BUDGET AMENDMENT
SEC. 301. SENSE OF CONGRESS REGARDING A BALANCED BUDGET AMENDMENT.
(a) Findings.--The Congress finds that a balanced budget amendment
would put the United States on a path to solvency and help bring
stability to the economy.
(b) Sense of Congress.--It is the sense of Congress that Congress
needs to pass a balanced budget amendment to the United States
Constitution and send it to the States for ratification.
TITLE IV--ENERGY
SEC. 401. SHORT TITLE.
This title may be cited as the ``American Energy Independence and
Price Reduction Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Secretary.--The term ``Secretary'', except as otherwise
provided, means the Secretary of the Interior or the
Secretary's designee.
SEC. 403. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General.--The Secretary shall take such actions as are
necessary--
(1) to establish and implement, in accordance with this
title and acting through the Director of the Bureau of Land
Management in consultation with the Director of the United
States Fish and Wildlife Service, a competitive oil and gas
leasing program that will result in an environmentally sound
program for the exploration, development, and production of the
oil and gas resources of the Coastal Plain; and
(2) to administer the provisions of this title through
regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that ensure
the oil and gas exploration, development, and production
activities on the Coastal Plain will result in no significant
adverse effect on fish and wildlife, their habitat, subsistence
resources, and the environment, including, in furtherance of
this goal, by requiring the application of the best
commercially available technology for oil and gas exploration,
development, and production to all exploration, development,
and production operations under this Act in a manner that
ensures the receipt of fair market value by the public for the
mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents in section
1 of such Act is amended by striking the item relating to
section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.), the oil and gas leasing program and activities
authorized by this section in the Coastal Plain are deemed to
be compatible with the purposes for which the Arctic National
Wildlife Refuge was established, and no further findings or
decisions are required to implement this determination.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The ``Final
Legislative Environmental Impact Statement'' (April 1987) on
the Coastal Plain prepared pursuant to section 1002 of the
Alaska National Interest Lands Conservation Act of 1980 (16
U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is
deemed to satisfy the requirements under the National
Environmental Policy Act of 1969 that apply with respect to
prelease activities, including actions authorized to be taken
by the Secretary to develop and promulgate the regulations for
the establishment of a leasing program authorized by this title
before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--Before
conducting the first lease sale under this title, the Secretary
shall prepare an environmental impact statement under the
National Environmental Policy Act of 1969 with respect to the
actions authorized by this title that are not referred to in
paragraph (2). Notwithstanding any other law, the Secretary is
not required to identify nonleasing alternative courses of
action or to analyze the environmental effects of such courses
of action. The Secretary shall only identify a preferred action
for such leasing and a single leasing alternative, and analyze
the environmental effects and potential mitigation measures for
those two alternatives. The identification of the preferred
action and related analysis for the first lease sale under this
title shall be completed within 18 months after the date of
enactment of this Act. The Secretary shall only consider public
comments that specifically address the Secretary's preferred
action and that are filed within 20 days after publication of
an environmental analysis. Notwithstanding any other law,
compliance with this paragraph is deemed to satisfy all
requirements for the analysis and consideration of the
environmental effects of proposed leasing under this title.
(d) Relationship to State and Local Authority.--Nothing in this
title shall be considered to expand or limit State and local regulatory
authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the
State of Alaska, the city of Kaktovik, and the North Slope
Borough, may designate up to a total of 45,000 acres of the
Coastal Plain as a Special Area if the Secretary determines
that the Special Area is of such unique character and interest
so as to require special management and regulatory protection.
The Secretary shall designate as such a Special Area the
Sadlerochit Spring area, comprising approximately 4,000 acres.
(2) Management.--Each such Special Area shall be managed so
as to protect and preserve the area's unique and diverse
character including its fish, wildlife, and subsistence
resource values.
(3) Exclusion from leasing or surface occupancy.--The
Secretary may exclude any Special Area from leasing. If the
Secretary leases a Special Area, or any part thereof, for
purposes of oil and gas exploration, development, production,
and related activities, there shall be no surface occupancy of
the lands comprising the Special Area.
(4) Directional drilling.--Notwithstanding the other
provisions of this subsection, the Secretary may lease all or a
portion of a Special Area under terms that permit the use of
horizontal drilling technology from sites on leases located
outside the Special Area.
(f) Limitation on Closed Areas.--The Secretary's sole authority to
close lands within the Coastal Plain to oil and gas leasing and to
exploration, development, and production is that set forth in this
title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such
regulations as may be necessary to carry out this title,
including rules and regulations relating to protection of the
fish and wildlife, their habitat, subsistence resources, and
environment of the Coastal Plain, by no later than 15 months
after the date of enactment of this Act.
(2) Revision of regulations.--The Secretary shall
periodically review and, if appropriate, revise the rules and
regulations issued under subsection (a) to reflect any
significant biological, environmental, or engineering data that
come to the Secretary's attention.
SEC. 404. LEASE SALES.
(a) In General.--Lands may be leased pursuant to this title to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this title shall be
by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--In the first lease sale under
this title, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) conduct the first lease sale under this title within 22
months after the date of the enactment of this Act;
(2) evaluate the bids in such sale and issue leases
resulting from such sale, within 90 days after the date of the
completion of such sale; and
(3) conduct additional sales so long as sufficient interest
in development exists to warrant, in the Secretary's judgment,
the conduct of such sales.
SEC. 405. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest responsible
qualified bidder in a lease sale conducted pursuant to section 404 any
lands to be leased on the Coastal Plain upon payment by the lessee of
such bonus as may be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this title may be
sold, exchanged, assigned, sublet, or otherwise transferred except with
the approval of the Secretary. Prior to any such approval the Secretary
shall consult with, and give due consideration to the views of, the
Attorney General.
SEC. 406. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this title
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent in amount or value of the production removed or
sold from the lease, as determined by the Secretary under the
regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife;
(3) require that the lessee of lands within the Coastal
Plain shall be fully responsible and liable for the reclamation
of lands within the Coastal Plain and any other Federal lands
that are adversely affected in connection with exploration,
development, production, or transportation activities conducted
under the lease and within the Coastal Plain by the lessee or
by any of the subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for lands
required to be reclaimed under this title shall be, as nearly
as practicable, a condition capable of supporting the uses
which the lands were capable of supporting prior to any
exploration, development, or production activities, or upon
application by the lessee, to a higher or better use as
approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, their habitat, subsistence resources, and
the environment as required pursuant to section 403(a)(2);
(7) provide that the lessee, its agents, and its
contractors use best efforts to provide a fair share, as
determined by the level of obligation previously agreed to in
the 1974 agreement implementing section 29 of the Federal
Agreement and Grant of Right of Way for the Operation of the
Trans-Alaska Pipeline, of employment and contracting for Alaska
Natives and Alaska Native Corporations from throughout the
State;
(8) prohibit the export of oil produced under the lease;
and
(9) contain such other provisions as the Secretary
determines necessary to ensure compliance with the provisions
of this title and the regulations issued under this title.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this title and in recognizing the
Government's proprietary interest in labor stability and in the ability
of construction labor and management to meet the particular needs and
conditions of projects to be developed under the leases issued pursuant
to this title and the special concerns of the parties to such leases,
shall require that the lessee and its agents and contractors negotiate
to obtain a project labor agreement for the employment of laborers and
mechanics on production, maintenance, and construction under the lease.
SEC. 407. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--The Secretary shall, consistent with the
requirements of section 403, administer the provisions of this title
through regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that--
(1) ensure the oil and gas exploration, development, and
production activities on the Coastal Plain will result in no
significant adverse effect on fish and wildlife, their habitat,
and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum amount of surface acreage
covered by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for
support of pipelines, does not exceed 2,000 acres on the
Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
also require, with respect to any proposed drilling and related
activities, that--
(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, their habitat, subsistence
resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this title, the Secretary shall
prepare and promulgate regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other measures designed
to ensure that the activities undertaken on the Coastal Plain under
this title are conducted in a manner consistent with the purposes and
environmental requirements of this title.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The proposed regulations, lease terms, conditions,
restrictions, prohibitions, and stipulations for the leasing program
under this title shall require compliance with all applicable
provisions of Federal and State environmental law, and shall also
require the following:
(1) Standards at least as effective as the safety and
environmental mitigation measures set forth in items 1 through
29 at pages 167 through 169 of the ``Final Legislative
Environmental Impact Statement'' (April 1987) on the Coastal
Plain.
(2) Seasonal limitations on exploration, development, and
related activities, where necessary, to avoid significant
adverse effects during periods of concentrated fish and
wildlife breeding, denning, nesting, spawning, and migration.
(3) That exploration activities, except for surface
geological studies, be limited to the period between
approximately November 1 and May 1 each year and that
exploration activities shall be supported, if necessary, by ice
roads, winter trails with adequate snow cover, ice pads, ice
airstrips, and air transport methods, except that such
exploration activities may occur at other times if the
Secretary finds that such exploration will have no significant
adverse effect on the fish and wildlife, their habitat, and the
environment of the Coastal Plain.
(4) Design safety and construction standards for all
pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible,
adverse effects upon the passage of migratory species
such as caribou; and
(B) minimize adverse effects upon the flow of
surface water by requiring the use of culverts,
bridges, and other structural devices.
(5) Prohibitions on general public access and use on all
pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements,
consistent with the standards set forth in this title,
requiring the removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment upon completion of oil and gas production operations,
except that the Secretary may exempt from the requirements of
this paragraph those facilities, structures, or equipment that
the Secretary determines would assist in the management of the
Arctic National Wildlife Refuge and that are donated to the
United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of
explosives.
(11) Avoidance, to the extent practicable, of springs,
streams, and river system; the protection of natural surface
drainage patterns, wetlands, and riparian habitats; and the
regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory
drilling.
(12) Avoidance or minimization of air traffic-related
disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including an annual waste management
report, a hazardous materials tracking system, and a
prohibition on chlorinated solvents, in accordance with
applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(18) Compliance with applicable air and water quality
standards.
(19) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and
archeological resources.
(21) All other protective environmental stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating regulations,
lease terms, conditions, restrictions, prohibitions, and stipulations
under this section, the Secretary shall consider the following:
(1) The stipulations and conditions that govern the
National Petroleum Reserve-Alaska leasing program, as set forth
in the 1999 Northeast National Petroleum Reserve-Alaska Final
Integrated Activity Plan/Environmental Impact Statement.
(2) The environmental protection standards that governed
the initial Coastal Plain seismic exploration program under
parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
(3) The land use stipulations for exploratory drilling on
the KIC-ASRC private lands that are set forth in appendix 2 of
the August 9, 1983, agreement between Arctic Slope Regional
Corporation and the United States.
(f) Facility Consolidation Planning.--
(1) In general.--The Secretary shall, after providing for
public notice and comment, prepare and update periodically a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production, and
transportation of Coastal Plain oil and gas resources.
(2) Objectives.--The plan shall have the following
objectives:
(A) Avoiding unnecessary duplication of facilities
and activities.
(B) Encouraging consolidation of common facilities
and activities.
(C) Locating or confining facilities and activities
to areas that will minimize impact on fish and
wildlife, their habitat, and the environment.
(D) Utilizing existing facilities wherever
practicable.
(E) Enhancing compatibility between wildlife values
and development activities.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to
subsections (a) and (b) of section 811 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public lands in the Coastal Plain for traditional
uses.
SEC. 408. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review of any provision of this title or any
action of the Secretary under this title shall be filed--
(A) except as provided in subparagraph (B), within
the 90-day period beginning on the date of the action
being challenged; or
(B) in the case of a complaint based solely on
grounds arising after such period, within 90 days after
the complainant knew or reasonably should have known of
the grounds for the complaint.
(2) Venue.--Any complaint seeking judicial review of any
provision of this title or any action of the Secretary under
this title may be filed only in the United States Court of
Appeals for the District of Columbia.
(3) Limitation on scope of certain review.--Judicial review
of a Secretarial decision to conduct a lease sale under this
title, including the environmental analysis thereof, shall be
limited to whether the Secretary has complied with the terms of
this title and shall be based upon the administrative record of
that decision. The Secretary's identification of a preferred
course of action to enable leasing to proceed and the
Secretary's analysis of environmental effects under this title
shall be presumed to be correct unless shown otherwise by clear
and convincing evidence to the contrary.
(b) Limitation on Other Review.--Actions of the Secretary with
respect to which review could have been obtained under this section
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
SEC. 409. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of law, of the
amount of adjusted bonus, rental, and royalty revenues from Federal oil
and gas leasing and operations authorized under this title--
(1) 50 percent shall be paid to the State of Alaska; and
(2) except as provided in section 412(d), the balance shall
be transferred to the ANWR Alternative Energy Trust Fund
established by this title.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made semiannually.
SEC. 410. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General.--The Secretary shall issue rights-of-way and
easements across the Coastal Plain for the transportation of oil and
gas--
(1) except as provided in paragraph (2), under section 28
of the Mineral Leasing Act (30 U.S.C. 185), without regard to
title XI of the Alaska National Interest Lands Conservation Act
(30 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands
Conservation Act (30 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170 and 3171).
(b) Terms and Conditions.--The Secretary shall include in any
right-of-way or easement issued under subsection (a) such terms and
conditions as may be necessary to ensure that transportation of oil and
gas does not result in a significant adverse effect on the fish and
wildlife, subsistence resources, their habitat, and the environment of
the Coastal Plain, including requirements that facilities be sited or
designed so as to avoid unnecessary duplication of roads and pipelines.
(c) Regulations.--The Secretary shall include in regulations under
section 403(g) provisions granting rights-of-way and easements
described in subsection (a) of this section.
SEC. 411. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title
to lands and clarifying land ownership patterns within the Coastal
Plain, the Secretary, notwithstanding the provisions of section
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3192(h)(2)), shall convey--
(1) to the Kaktovik Inupiat Corporation the surface estate
of the lands described in paragraph 1 of Public Land Order
6959, to the extent necessary to fulfill the Corporation's
entitlement under sections 12 and 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance
with the terms and conditions of the Agreement between the
Department of the Interior, the United States Fish and Wildlife
Service, the Bureau of Land Management, and the Kaktovik
Inupiat Corporation effective January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining
subsurface estate to which it is entitled pursuant to the
August 9, 1983, agreement between the Arctic Slope Regional
Corporation and the United States of America.
SEC. 412. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized.--
(1) In general.--The Secretary may use amounts available
from the Coastal Plain Local Government Impact Aid Assistance
Fund established by subsection (d) to provide timely financial
assistance to entities that are eligible under paragraph (2)
and that are directly impacted by the exploration for or
production of oil and gas on the Coastal Plain under this
title.
(2) Eligible entities.--The North Slope Borough, the City
of Kaktovik, and any other borough, municipal subdivision,
village, or other community in the State of Alaska that is
directly impacted by exploration for, or the production of, oil
or gas on the Coastal Plain under this title, as determined by
the Secretary, shall be eligible for financial assistance under
this section.
(b) Use of Assistance.--Financial assistance under this section may
be used only for--
(1) planning for mitigation of the potential effects of oil
and gas exploration and development on environmental, social,
cultural, recreational, and subsistence values;
(2) implementing mitigation plans and maintaining
mitigation projects;
(3) developing, carrying out, and maintaining projects and
programs that provide new or expanded public facilities and
services to address needs and problems associated with such
effects, including fire-fighting, police, water, waste
treatment, medivac, and medical services; and
(4) establishment of a coordination office, by the North
Slope Borough, in the City of Kaktovik, which shall--
(A) coordinate with and advise developers on local
conditions, impact, and history of the areas utilized
for development; and
(B) provide to the Committee on Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report on
the status of coordination between developers and the
communities affected by development.
(c) Application.--
(1) In general.--Any community that is eligible for
assistance under this section may submit an application for
such assistance to the Secretary, in such form and under such
procedures as the Secretary may prescribe by regulation.
(2) North slope borough communities.--A community located
in the North Slope Borough may apply for assistance under this
section either directly to the Secretary or through the North
Slope Borough.
(3) Application assistance.--The Secretary shall work
closely with and assist the North Slope Borough and other
communities eligible for assistance under this section in
developing and submitting applications for assistance under
this section.
(d) Establishment of Fund.--
(1) In general.--There is established in the Treasury the
Coastal Plain Local Government Impact Aid Assistance Fund.
(2) Use.--Amounts in the fund may be used only for
providing financial assistance under this section.
(3) Deposits.--Subject to paragraph (4), there shall be
deposited into the fund amounts received by the United States
as revenues derived from rents, bonuses, and royalties from
Federal leases and lease sales authorized under this title.
(4) Limitation on deposits.--The total amount in the fund
may not exceed $11,000,000.
(5) Investment of balances.--The Secretary of the Treasury
shall invest amounts in the fund in interest bearing government
securities.
(e) Authorization of Appropriations.--To provide financial
assistance under this section there is authorized to be appropriated to
the Secretary from the Coastal Plain Local Government Impact Aid
Assistance Fund $5,000,000 for each fiscal year.
SEC. 413. ANWR ALTERNATIVE ENERGY TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the ``ANWR
Alternative Energy Trust Fund'', consisting of such amounts as may be
transferred to the ANWR Alternative Energy Trust Fund as provided in
section 409.
(b) Expenditures From ANWR Alternative Energy Trust Fund.--
(1) In general.--Amounts in the ANWR Alternative Energy
Trust Fund shall be available without further appropriation to
carry out specified provisions of the Energy Policy Act of 2005
(Public Law 109-58; in this section referred to as
``EPAct2005'') and the Energy Independence and Security Act of
2007 (Public Law 110-140; in this section referred to as
``EISAct2007''), as follows:
----------------------------------------------------------------------------------------------------------------
The following percentage of annual receipts to the ANWR
To carry out the provisions of: Alternative Energy Trust Fund, but not to exceed the limit
on amount authorized, if any:
----------------------------------------------------------------------------------------------------------------
EPAct2005: ...........................................................
Section 210.................................... 1.5 percent
Section 242.................................... 1.0 percent
Section 369.................................... 2.0 percent
Section 401.................................... 6.0 percent
Section 812.................................... 6.0 percent
Section 931.................................... 19.0 percent
Section 942.................................... 1.5 percent
Section 962.................................... 3.0 percent
Section 968.................................... 1.5 percent
Section 1704................................... 6.0 percent
EISAct2007: ...........................................................
Section 207.................................... 15.0 percent
Section 607.................................... 1.5 percent
Title VI, Subtitle B........................... 3.0 percent
Title VI, Subtitle C........................... 1.5 percent
Section 641.................................... 9.0 percent
Title VII, Subtitle A.......................... 15.0 percent
Section 1112................................... 1.5 percent
Section 1304................................... 6.0 percent.
----------------------------------------------------------------------------------------------------------------
(2) Apportionment of excess amount.--Notwithstanding
paragraph (1), any amounts allocated under paragraph (1) that
are in excess of the amounts authorized in the applicable cited
section or subtitle of EPAct2005 and EISAct2007 shall be
reallocated to the remaining sections and subtitles cited in
paragraph (1), up to the amounts otherwise authorized by law to
carry out such sections and subtitles, in proportion to the
amounts authorized by law to be appropriated for such other
sections and subtitles.
TITLE V--REDUCTION IN FEDERAL WORKFORCE
SEC. 501. REDUCTION IN FEDERAL WORKFORCE.
(a) Definition.--For the purpose of this section--
(1) the term ``total number of Federal employees'' means
the total number of Federal employees in all agencies;
(2) the term ``Federal employee'' means an employee as
defined by section 2105 of title 5, United States Code; and
(3) the term ``agency'' means an Executive agency as
defined by section 105 of title 5, United States Code,
excluding the Government Accountability Office.
(b) Limitation.--The President, through the Office of Management
and Budget (in consultation with the Office of Personnel Management),
shall take appropriate measures to ensure that, effective beginning in
fiscal year 2015, the total number of Federal employees (as determined
under subsection (c)) shall not exceed 90 percent of the total number
of Federal employees as of September 30, 2011 (as so determined).
(c) Monitoring and Notification.--The Office of Management and
Budget (in consultation with the Office of Personnel Management)--
(1) shall continuously monitor all agencies and make a
determination, as of September 30, 2011, and the last day of
each quarter of each fiscal year beginning thereafter, as to
whether or not the total number of Federal employees exceeds
the maximum number allowable under subsection (b); and
(2) whenever a determination under paragraph (1) is made
that the total number of Federal employees exceeds the maximum
number allowable under subsection (b), shall provide written
notice to that effect to the President and Congress within 14
days after the last day of the quarter to which such
determination relates.
(d) Compliance.--Whenever, with respect to the quarter ending on
September 30, 2014, or any subsequent quarter, the Office of Management
and Budget provides written notice under subsection (c)(2) that the
total number of Federal employees exceeds the maximum number allowable
under subsection (b), no agency may thereafter appoint any employee to
fill any vacancy within such agency until the Office of Management and
Budget provides written notice to the President and Congress of a
determination under subsection (c)(1) that the total number of Federal
employees no longer exceeds the maximum number allowable under
subsection (b). Any notice under the preceding sentence shall be
provided within 14 days after the last day of the quarter to which the
determination relates.
(e) Waiver.--
(1) Emergencies.--This section may be waived upon a
determination by the President that--
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, public safety, property, or
the environment so requires.
(2) Agency efficiency or critical mission.--This section
may be waived, with respect to a particular position or
category of positions in an agency, upon a determination by the
President that the efficiency of the agency or the performance
of a critical agency mission so requires.
(f) Replacement Rate.--To the extent necessary to achieve the
workforce reduction required by subsection (b), the Office of
Management and Budget (in consultation with the Office of Personnel
Management) shall take appropriate measures to ensure that agencies
shall appoint no more than 1 employee for every 3 employees retiring or
otherwise separating from Government service after the date of the
enactment of this Act. This subsection shall cease to apply after
September 30, 2014.
(g) Counting Rule.--For purposes of this Act, any determination of
the number of employees in an agency shall be expressed on a full-time
equivalent basis.
(h) Limitation on Procurement of Service Contracts.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall take appropriate measures to
ensure that there is no increase in the procurement of service
contracts by reason of the enactment of this Act, except in cases in
which a cost comparison demonstrates that such contracts would be to
the financial advantage of the Government.
(i) Regulations.--Any regulations necessary to carry out this Act
may be prescribed by the President or his designee.
TITLE VI--REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE
SEC. 601. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980H.
(b) Repeal of Related Reporting Requirements.--Subpart D of part
III of subchapter A of chapter 61 of such Code is amended by striking
section 6056.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 6724(d)(1) of such Code is
amended by inserting ``or'' at the end of clause (xxiii), by
striking ``and'' at the end of clause (xxiv) and inserting
``or'', and by striking clause (xxv).
(2) Paragraph (2) of section 6724(d) of such Code is
amended by inserting ``or'' at the end of subparagraph (FF), by
striking ``, or'' at the end of subparagraph (GG) and inserting
a period, and by striking subparagraph (HH).
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980H.
(4) The table of sections for subpart D of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6056.
(5) Section 1513 of the Patient Protection and Affordable
Care Act is amended by striking subsection (c).
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
months and other periods beginning after December 31, 2013.
(2) Repeal of study and report.--The amendment made by
subsection (c)(5) shall take effect on the date of the
enactment of this Act.
TITLE VII--SECRET BALLOT PROTECTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Secret Ballot Protection Act''.
SEC. 702. FINDINGS.
Congress finds that--
(1) the importance of a secret ballot election has been
recognized by the United States for over 100 years;
(2) the fundamental democratic right to choose by secret
ballot is the only method that ensures a choice free of
coercion, intimidation, irregularity, or illegality;
(3) the recognition of a labor organization by way of a
private agreement, rather than a secret ballot election
supervised by a neutral third party, threatens an employee's
right, codified in the National Labor Relations Act, to choose
whether or not to be represented by a labor organization; and
(4) preserving workers' right to choose whether or not to
be represented by a labor organization through a secret ballot
election is important to the strength of the national economy.
SEC. 703. NATIONAL LABOR RELATIONS ACT.
(a) Recognition of Representative.--
(1) In general.--Section 8(a)(2) of the National Labor
Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting
before the colon the following: ``or to recognize or bargain
collectively with a labor organization that has not been
selected by a majority of employees in a unit appropriate for
such purposes in a secret ballot election conducted by the
National Labor Relations Board in accordance with section 9''.
(2) Application.--The amendment made by paragraph (1) shall
not apply to collective bargaining relationships that were
recognized before the date of enactment of this Act.
(b) Election Required.--
(1) In general.--Section 8(b) of the National Labor
Relations Act (29 U.S.C. 158(b)), as amended by subsection (c)
of this section, is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following:
``(8) to cause or attempt to cause an employer to recognize
or bargain collectively with a representative of a labor
organization that has not been selected by a majority of
employees in a unit appropriate for such purposes in a secret
ballot election conducted by the National Labor Relations Board
in accordance with section 9.''.
(2) Application.--The amendment made by paragraph (1) shall
not apply to collective bargaining relationships that were
recognized before the date of enactment of this Act.
(c) Secret Ballot Election Required.--Section 9(a) of the National
Labor Relations Act (29 U.S.C. 159(a)), is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by inserting after ``designated or selected'' the
following: ``by a secret ballot election conducted by the
National Labor Relations Board in accordance with this
section''; and
(3) by adding at the end the following:
``(2) The secret ballot election requirement of paragraph
(1) shall not apply to collective bargaining relationships that
were recognized before the date of enactment of the Secret
Ballot Protection Act.''.
(d) Conforming Amendments.--Section 9(c)(1) of such Act (29 U.S.C.
159(c)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and that their
employer declines to recognize their representative as
the representative defined in section 9(a)'' and
inserting ``by a representative''; and
(B) in clause (ii), by striking ``section 9(a);''
and inserting ``subsection (a),''; and
(2) in subparagraph (B), by striking ``alleging'' and all
that follows through ``defined in section 9(a)''.
SEC. 704. REGULATIONS.
Not later than 6 months after the date of the enactment of this Act
the National Labor Relations Board shall review and revise all
regulations promulgated before such date to implement the amendments
made in this title to the National Labor Relations Act.
TITLE VIII--FEDERAL RULES OF CIVIL PROCEDURE IMPROVEMENTS
SEC. 801. ATTORNEY ACCOUNTABILITY.
Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) by amending the first sentence to read as follows: ``If
a pleading, motion, or other paper is signed in violation of
this rule, the court, upon motion or upon its own initiative,
shall impose upon the attorney, law firm, or parties that have
violated this subdivision or are responsible for the violation,
an appropriate sanction, which may 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 attorney's fee.'';
(2) in paragraph (1)(A)--
(A) by striking ``Rule 5'' and all that follows
through ``corrected.'' and inserting ``Rule 5.''; and
(B) by striking ``the court may award'' and
inserting ``the court shall award''; and
(3) in paragraph (2), by striking ``shall be limited to
what is sufficient'' and all that follows through the end of
the paragraph (including subparagraphs (A) and (B)) and
inserting ``shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated, and
to compensate the parties that were injured by such conduct.
The sanction may consist of an order to pay to the party or
parties the amount of 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 attorney's fee.''.
SEC. 802. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, shall
determine within 30 days after the filing of such motion whether the
action substantially affects interstate commerce. Such court shall make
such determination based on an assessment of the costs to the
interstate economy, including the loss of jobs, were the relief
requested granted. If the court determines such action substantially
affects interstate commerce, the provisions of Rule 11 of the Federal
Rules of Civil Procedure shall apply to such action.
SEC. 803. PREVENTION OF FORUM-SHOPPING.
(a) In General.--Subject to subsection (b), a personal injury claim
filed in State or Federal court may be filed only in the State and,
within that State, in the county (or if there is no State court in the
county, the nearest county where a court of general jurisdiction is
located), or Federal district in which--
(1) the person bringing the claim, including an estate in
the case of a decedent and a parent or guardian in the case of
a minor or incompetent--
(A) resides at the time of filing; or
(B) resided at the time of the alleged injury;
(2) the alleged injury or circumstances giving rise to the
personal injury claim allegedly occurred;
(3) the defendant's principal place of business is located,
if the defendant is a corporation; or
(4) the defendant resides, if the defendant is an
individual.
(b) Determination of Most Appropriate Forum.--If a person alleges
that the injury or circumstances giving rise to the personal injury
claim occurred in more than one county (or Federal district), the trial
court shall determine which State and county (or Federal district) is
the most appropriate forum for the claim. If the court determines that
another forum would be the most appropriate forum for a claim, the
court shall dismiss the claim. Any otherwise applicable statute of
limitations shall be tolled beginning on the date the claim was filed
and ending on the date the claim is dismissed under this subsection.
(c) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate;
(B) does not include a claim brought as a class
action; and
(C) does not include a claim against a debtor in a
case pending under title 11 of the United States Code
that is a personal injury tort or wrongful death claim
within the meaning of section 157(b)(5) of title 28,
United States Code.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 804. RULE OF CONSTRUCTION.
Nothing in section 402 or in the amendments made by section 401
shall be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
SEC. 805. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT
MULTIPLE RULE 11 VIOLATIONS.
(a) Mandatory Suspension.--Whenever a Federal district court
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in that Federal district court
during that attorney's career. If the court determines that the number
is three or more, the Federal district court--
(1) shall suspend that attorney from the practice of law in
that Federal district court for one year; and
(2) may suspend that attorney from the practice of law in
that Federal district court for any additional period that the
court considers appropriate.
(b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
(c) Reinstatement.--To be reinstated to the practice of law in a
Federal district court after completion of a suspension under
subsection (a), the attorney involved must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.
SEC. 806. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING
SAME ISSUE.
Whenever a party presents to a Federal court a pleading, written
motion, or other paper, that includes a claim or defense that the party
has already litigated and lost on the merits in any forum in final
decisions not subject to appeal on three consecutive occasions, and the
claim or defense, respectively, involves the same plaintiff and the
same defendant on each occasion, there shall be a rebuttable
presumption that the presentation of such paper is in violation of Rule
11 of the Federal Rules of Civil Procedure.
SEC. 807. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING
FEDERAL COURT PROCEEDINGS.
Whoever willfully and intentionally influences, obstructs, or
impedes, or attempts to influence, or obstruct, or impede, a pending
Federal court proceeding through the willful and intentional
destruction of documents sought pursuant to the rules of such Federal
court proceeding and highly relevant to that proceeding--
(1) shall be punished with mandatory civil sanctions of a
degree commensurate with the civil sanctions available under
Rule 11 of the Federal Rules of Civil Procedure, in addition to
any other civil sanctions that otherwise apply; and
(2) shall be held in contempt of court; and if an attorney,
referred to one or more appropriate State bar associations for
disciplinary proceedings.
SEC. 808. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT.
(a) In General.--In any Rule 11 of the Federal Rules of Civil
Procedure proceeding, a court may not order that a court record not be
disclosed unless the court makes a finding of fact that identifies the
interest that justifies the order and determines that interest
outweighs any interest in the public health and safety that the court
determines would be served by disclosing the court record.
(b) Applicability.--This section applies to any record formally
filed with a court, but shall not include any records subject to--
(1) the attorney-client privilege or any other privilege
recognized under Federal or State law that grants the right to
prevent disclosure of certain information unless the privilege
has been waived; or
(2) applicable State or Federal laws that protect the
confidentiality of crime victims, including victims of sexual
abuse.
TITLE IX--REGULATORY FLEXIBILITY IMPROVEMENTS ACT OF 2011
SEC. 901. SHORT TITLE.
This title may be cited as the ``Regulatory Flexibility
Improvements Act of 2011''.
SEC. 902. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Paragraph (2) of section 601 of title 5, United
States Code, is amended to read as follows:
``(2) Rule.--The term `rule' has the meaning given such
term in section 551(4) of this title, except that such term
does not include a rule of particular (and not general)
applicability relating to rates, wages, corporate or financial
structures or reorganizations thereof, prices, facilities,
appliances, services, or allowances therefor or to valuations,
costs or accounting, or practices relating to such rates,
wages, structures, prices, appliances, services, or
allowances.''.
(b) Inclusion of Rules With Indirect Effects.--Section 601 of title
5, United States Code, is amended by adding at the end the following
new paragraph:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities
of such rule; and
``(B) any indirect economic effect on small
entities which is reasonably foreseeable and results
from such rule (without regard to whether small
entities will be directly regulated by the rule).''.
(c) Inclusion of Rules With Beneficial Effects.--
(1) Initial regulatory flexibility analysis.--Subsection
(c) of section 603 of title 5, United States Code, is amended
by striking the first sentence and inserting ``Each initial
regulatory flexibility analysis shall also contain a detailed
description of alternatives to the proposed rule which minimize
any adverse significant economic impact or maximize any
beneficial significant economic impact on small entities.''.
(2) Final regulatory flexibility analysis.--The first
paragraph (6) of section 604(a) of title 5, United States Code,
is amended by striking ``minimize the significant economic
impact'' and inserting ``minimize the adverse significant
economic impact or maximize the beneficial significant economic
impact''.
(d) Inclusion of Rules Affecting Tribal Organizations.--Paragraph
(5) of section 601 of title 5, United States Code, is amended by
inserting ``and tribal organizations (as defined in section 4(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(l))),'' after ``special districts,''.
(e) Inclusion of Land Management Plans and Formal Rulemaking.--
(1) Initial regulatory flexibility analysis.--Subsection
(a) of section 603 of title 5, United States Code, is amended
in the first sentence--
(A) by striking ``or'' after ``proposed rule,'';
and
(B) by inserting ``or publishes a revision or
amendment to a land management plan,'' after ``United
States,''.
(2) Final regulatory flexibility analysis.--Subsection (a)
of section 604 of title 5, United States Code, is amended in
the first sentence--
(A) by striking ``or'' after ``proposed
rulemaking,''; and
(B) by inserting ``or adopts a revision or
amendment to a land management plan,'' after ``section
603(a),''.
(3) Land management plan defined.--Section 601 of title 5,
United States Code, is amended by adding at the end the
following new paragraph:
``(10) Land management plan.--
``(A) In general.--The term `land management plan'
means--
``(i) any plan developed by the Secretary
of Agriculture under section 6 of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604); and
``(ii) any plan developed by the Secretary
of Interior under section 202 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1712).
``(B) Revision.--The term `revision' means any
change to a land management plan which--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(5) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-6 of title 43, Code of Federal
Regulations (or any successor regulation).
``(C) Amendment.--The term `amendment' means any
change to a land management plan which--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(4) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) and with respect to which the
Secretary of Agriculture prepares a statement
described in section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-5 of title 43, Code of Federal
Regulations (or any successor regulation) and
with respect to which the Secretary of the
Interior prepares a statement described in
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
(f) Inclusion of Certain Interpretive Rules Involving the Internal
Revenue Laws.--
(1) In general.--Subsection (a) of section 603 of title 5,
United States Code, is amended by striking the period at the
end and inserting ``or a recordkeeping requirement, and without
regard to whether such requirement is imposed by statute or
regulation.''.
(2) Collection of information.--Paragraph (7) of section
601 of title 5, United States Code, is amended to read as
follows:
``(7) Collection of information.--The term `collection of
information' has the meaning given such term in section 3502(3)
of title 44, United States Code.''.
(3) Recordkeeping requirement.--Paragraph (8) of section
601 of title 5, United States Code, is amended to read as
follows:
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' has the meaning given such term in section
3502(13) of title 44, United States Code.''.
(g) Definition of Small Organization.--Paragraph (4) of section 601
of title 5, United States Code, is amended to read as follows:
``(4) Small organization.--
``(A) In general.--The term `small organization'
means any not-for-profit enterprise which, as of the
issuance of the notice of proposed rulemaking--
``(i) in the case of an enterprise which is
described by a classification code of the North
American Industrial Classification System, does
not exceed the size standard established by the
Administrator of the Small Business
Administration pursuant to section 3 of the
Small Business Act (15 U.S.C. 632) for small
business concerns described by such
classification code; and
``(ii) in the case of any other enterprise,
has a net worth that does not exceed $7,000,000
and has not more than 500 employees.
``(B) Local labor organizations.--In the case of
any local labor organization, subparagraph (A) shall be
applied without regard to any national or international
organization of which such local labor organization is
a part.
``(C) Agency definitions.--Subparagraphs (A) and
(B) shall not apply to the extent that an agency, after
consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for
public comment, establishes one or more definitions for
such term which are appropriate to the activities of
the agency and publishes such definitions in the
Federal Register.''.
SEC. 903. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Subsection (b) of
section 603 of title 5, United States Code, is amended to read as
follows:
``(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;
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities beyond that already
imposed on the class of small entities by the agency or why
such an estimate is not available; and
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) in paragraph (4), by striking ``an
explanation'' and inserting ``a detailed explanation'';
(B) in each of paragraphs (4), (5), and the first
paragraph (6), by inserting ``detailed'' before
``description''; and
(C) by adding at the end the following:
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities.''.
(2) Inclusion of response to comments on certification of
proposed rule.--Paragraph (2) of section 604(a) of title 5,
United States Code, is amended by inserting ``(or certification
of the proposed rule under section 605(b))'' after ``initial
regulatory flexibility analysis''.
(3) Publication of analysis on website.--Subsection (b) of
section 604 of title 5, United States Code, is amended to read
as follows:
``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including placement of
the entire analysis on the agency's website, and shall publish in the
Federal Register the final regulatory flexibility analysis, or a
summary thereof which includes the telephone number, mailing address,
and link to the website where the complete analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Subsection (a) of section
605 of title 5, United States Code, is amended to read as follows:
``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency
provides in such agenda or analysis a cross-reference to the specific
portion of another agenda or analysis which is required by any other
law and which satisfies such requirement.''.
(d) Certifications.--Subsection (b) of section 605 of title 5,
United States Code, is amended--
(1) by inserting ``detailed'' before ``statement''; and
(2) by inserting ``and legal'' after ``factual''.
(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 and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 904. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF
THE CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 608 is amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
``(a)(1) Not later than 270 days after the date of the enactment of
the Regulatory Flexibility Reform Act, the Chief Counsel for Advocacy
of the Small Business Administration shall, after opportunity for
notice and comment under section 553, issue rules governing agency
compliance with this chapter. The Chief Counsel may modify or amend
such rules after notice and comment under section 553. This chapter
(other than this subsection) shall not apply with respect to the
issuance, modification, and amendment of rules under this paragraph.
``(2) An agency shall not issue rules which supplement the rules
issued under subsection (a) unless such agency has first consulted with
the Chief Counsel for Advocacy to ensure that such supplemental rules
comply with this chapter and the rules issued under paragraph (1).
``(b) Notwithstanding any other law, the Chief Counsel for Advocacy
of the Small Business Administration may intervene in any agency
adjudication (unless such agency is authorized to impose a fine or
penalty under such adjudication), and may inform the agency of the
impact that any decision on the record may have on small entities. The
Chief Counsel shall not initiate an appeal with respect to any
adjudication in which the Chief Counsel intervenes under this
subsection.
``(c) The Chief Counsel for Advocacy may file comments in response
to any agency notice requesting comment, regardless of whether the
agency is required to file a general notice of proposed rulemaking
under section 553.''.
(b) Conforming Amendments.--
(1) Section 611(a)(1) of such title is amended by striking
``608(b),''.
(2) Section 611(a)(2) of such title is amended by striking
``608(b),''.
(3) Section 611(a)(3) of such title is amended--
(A) by striking subparagraph (B); and
(B) by striking ``(3)(A) A small entity'' and
inserting the following:
``(3) A small entity''.
SEC. 905. PROCEDURES FOR GATHERING COMMENTS.
Section 609 of title 5, United States Code, is amended by striking
subsection (b) and all that follows and inserting the following:
``(b)(1) Prior to publication of any proposed rule described in
subsection (e), an agency making such rule shall notify the Chief
Counsel for Advocacy of the Small Business Administration and provide
the Chief Counsel with--
``(A) all materials prepared or utilized by the agency in
making the proposed rule, including the draft of the proposed
rule; and
``(B) information on the potential adverse and beneficial
economic impacts of the proposed rule on small entities and the
type of small entities that might be affected.
``(2) An agency shall not be required under paragraph (1) to
provide the exact language of any draft if the rule--
``(A) relates to the internal revenue laws of the United
States; or
``(B) is proposed by an independent regulatory agency (as
defined in section 3502(5) of title 44, United States Code).
``(c) Not later than 15 days after the receipt of such materials
and information under subsection (b), the Chief Counsel for Advocacy of
the Small Business Administration shall--
``(1) identify small entities or representatives of small
entities or a combination of both for the purpose of obtaining
advice, input, and recommendations from those persons about the
potential economic impacts of the proposed rule and the
compliance of the agency with section 603 of this title; and
``(2) convene a review panel consisting of an employee from
the Office of Advocacy of the Small Business Administration, an
employee from the agency making the rule, and in the case of an
agency other than an independent regulatory agency (as defined
in section 3502(5) of title 44, United States Code), an
employee from the Office of Information and Regulatory Affairs
of the Office of Management and Budget to review the materials
and information provided to the Chief Counsel under subsection
(b).
``(d)(1) Not later than 60 days after the review panel described in
subsection (c)(2) is convened, the Chief Counsel for Advocacy of the
Small Business Administration shall, after consultation with the
members of such panel, submit a report to the agency and, in the case
of an agency other than an independent regulatory agency (as defined in
section 3502(5) of title 44, United States Code), the Office of
Information and Regulatory Affairs of the Office of Management and
Budget.
``(2) Such report shall include an assessment of the economic
impact of the proposed rule on small entities and a discussion of any
alternatives that will minimize adverse significant economic impacts or
maximize beneficial significant economic impacts on small entities.
``(3) Such report shall become part of the rulemaking record. In
the publication of the proposed rule, the agency shall explain what
actions, if any, the agency took in response to such report.
``(e) A proposed rule is described by this subsection if the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget, the head of the agency (or the
delegatee of the head of the agency), or an independent regulatory
agency determines that the proposed rule is likely to result in--
``(1) an annual effect on the economy of $100,000,000 or
more;
``(2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local governments,
tribal organizations, or geographic regions;
``(3) 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; or
``(4) a significant economic impact on a substantial number
of small entities.
``(f) Upon application by the agency, the Chief Counsel for
Advocacy of the Small Business Administration may waive the
requirements of subsections (b) through (e) if the Chief Counsel
determines that compliance with the requirements of such subsections
are impracticable, unnecessary, or contrary to the public interest.''.
SEC. 906. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of the Regulatory
Flexibility Improvements Act of 2011, each agency shall publish in the
Federal Register and place on its website a plan for the periodic
review of rules issued by the agency which the head of the agency
determines have a significant economic impact on a substantial number
of small entities. Such determination shall be made without regard to
whether the agency performed an analysis under section 604. The purpose
of the review shall be to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize any
adverse significant economic impacts or maximize any beneficial
significant economic impacts on a substantial number of small entities.
Such plan may be amended by the agency at any time by publishing the
revision in the Federal Register and subsequently placing the amended
plan on the agency's website.
``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of the Regulatory
Flexibility Improvements Act of 2011 within 10 years of the date of
publication of the plan in the Federal Register and for review of rules
adopted after the date of enactment of the Regulatory Flexibility
Improvements Act of 2011 within 10 years after the publication of the
final rule in the Federal Register. If the head of the agency
determines that completion of the review of existing rules is not
feasible by the established date, the head of the agency shall so
certify in a statement published in the Federal Register and may extend
the review for not longer than 2 years after publication of notice of
extension in the Federal Register. Such certification and notice shall
be sent to the Chief Counsel for Advocacy of the Small Business
Administration and the Congress.
``(c) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to the Congress, the Chief
Counsel for Advocacy of the Small Business Administration, and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44, United States Code) to the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget. Such report shall include the
identification of any rule with respect to which the head of the agency
made a determination described in paragraph (5) or (6) of subsection
(d) and a detailed explanation of the reasons for such determination.
``(d) In reviewing a rule pursuant to subsections (a) through (c),
the agency shall amend or rescind the rule to minimize any adverse
significant economic impact on a substantial number of small entities
or disproportionate economic impact on a specific class of small
entities, or maximize any beneficial significant economic impact of the
rule on a substantial number of small entities to the greatest extent
possible, consistent with the stated objectives of applicable statutes.
In amending or rescinding the rule, the agency shall consider the
following factors:
``(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 calculations cannot be made and reports
that determination in the annual report required under
subsection (c).
``(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.
``(e) The agency shall publish in the Federal Register and on its
website a list of rules to be reviewed pursuant to such plan. Such
publication shall include a brief description of the rule, the reason
why the agency determined that it has a significant economic impact on
a substantial number of small entities (without regard to whether it
had prepared a final regulatory flexibility analysis for the rule), and
request comments from the public, the Chief Counsel for Advocacy of the
Small Business Administration, and the Regulatory Enforcement Ombudsman
concerning the enforcement of the rule.''.
SEC. 907. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE
REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF
THE FINAL RULE.
(a) In General.--Paragraph (1) of section 611(a) of title 5, United
States Code, is amended by striking ``final agency action'' and
inserting ``such rule''.
(b) Jurisdiction.--Paragraph (2) of such section is amended by
inserting ``(or which would have such jurisdiction if publication of
the final rule constituted final agency action)'' after ``provision of
law,''.
(c) Time for Bringing Action.--Paragraph (3) of such section is
amended--
(1) by striking ``final agency action'' and inserting
``publication of the final rule''; and
(2) by inserting ``, in the case of a rule for which the
date of final agency action is the same date as the publication
of the final rule,'' after ``except that''.
(d) Intervention by Chief Counsel for Advocacy.--Subsection (b) of
section 612 of title 5, United States Code, is amended by inserting
before the first period ``or agency compliance with section 601, 603,
604, 605(b), 609, or 610''.
SEC. 908. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Section 2342 of title 28, United States Code, is
amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) all final rules under section 608(a) of title 5,
United States Code.''.
(b) Conforming Amendments.--Paragraph (3) of section 2341 of title
28, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the Office of Advocacy of the Small Business
Administration, when the final rule is under section
608(a) of title 5, United States Code.''.
(c) Authorization To Intervene and Comment on Agency Compliance
With Administrative Procedure.--Subsection (b) of section 612 of title
5, United States Code, is amended by inserting ``chapter 5, and chapter
7,'' after ``this chapter,''.
SEC. 909. CLERICAL AMENDMENTS.
(a) Section 601 of title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(1) the term'' and inserting the
following:
``(1) Agency.--The term'';
(2) in paragraph (3)--
(A) by striking the semicolon at the end and
inserting a period, and
(B) by striking ``(3) the term'' and inserting the
following:
``(3) Small business.--The term'';
(3) in paragraph (5)--
(A) by striking the semicolon at the end and
inserting a period, and
(B) by striking ``(5) the term'' and inserting the
following:
``(5) Small governmental jurisdiction.--The term''; and
(4) in paragraph (6)--
(A) by striking ``; and'' and inserting a period,
and
(B) by striking ``(6) the term'' and inserting the
following:
``(6) Small entity.--The term''.
(b) The heading of section 605 of title 5, United States Code, is
amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
(c) 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 new item:
``605. Incorporations by reference and certifications'';
(2) by striking the item relating to section 607 and
inserting the following new item:
``607. Quantification requirements'';
and
(3) by striking the item relating to section 608 and
inserting the following:
``608. Additional powers of Chief Counsel for Advocacy''.
(d) Chapter 6 of title 5, United States Code, is amended as
follows:
(1) In section 603, by striking subsection (d).
(2) In section 604(a) by striking the second paragraph (6).
<all>