[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1720 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 203
112th CONGRESS
  1st Session
                                S. 1720

           To provide American jobs through economic growth.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2011

  Mr. McCain (for himself, Mr. Paul, Mr. Portman, Mr. McConnell, Mr. 
Chambliss, Mr. Coats, Mr. Cochran, Mr. Crapo, Mr. DeMint, Mr. Grassley, 
 Mr. Heller, Mr. Hoeven, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. 
 Johanns, Mr. Johnson of Wisconsin, Mr. Kirk, Mr. Lee, Mr. Lugar, Mr. 
Roberts, Mr. Rubio, Mr. Toomey, Mr. Wicker, Mr. Shelby, Mr. Thune, Mr. 
Graham, Mr. Vitter, Mr. Enzi, Mr. Barrasso, Mr. Blunt, Mr. Boozman, Mr. 
Sessions, Mr. Burr, and Mr. Moran) introduced the following bill; which 
                        was read the first time

                            October 18, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
           To provide American jobs through economic growth.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
  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 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.
            ``(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 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 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 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:
            (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 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 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;
                    (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 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 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.

             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.

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;
            (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.

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, 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--
            (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 (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.
                    ``(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''.

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 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 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.''.
                                                       Calendar No. 203

112th CONGRESS

  1st Session

                                S. 1720

_______________________________________________________________________

                                 A BILL

           To provide American jobs through economic growth.

_______________________________________________________________________

                            October 18, 2011

            Read the second time and placed on the calendar