[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2199 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2199

                To spur economic growth and create jobs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2012

    Mr. Lee introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
                To spur economic growth and create jobs.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Grow America Act 
of 2012''.
    (b) Table of Contents.--

Sec. 1. Short title.
                     TITLE I--PRO-GROWTH TAX REFORM

 Subtitle A--Pro-Growth, Pro-Family Tax Reform for Families, Seniors, 
                          and Small Businesses

Sec. 101. Tax reform for families, seniors, and small businesses.
               Subtitle B--Capital Gains Inflation Relief

Sec. 111. Indexing of certain assets for purposes of determining gain 
                            or loss.
 Subtitle C--Pro-Growth, Pro-Business Tax Reform for Corporations and 
                            Other Businesses

Sec. 121. Reduction in corporate income tax rates and reform of 
                            business tax.
                     Subtitle D--Rebuilding America

Sec. 131. Modification and temporary extension of the incentives to 
                            reinvest foreign earnings in the United 
                            States.
                   Subtitle E--Saving the Family Farm

Sec. 141. Exclusion from gross estate of certain farmland so long as 
                            farmland use continues.
                      TITLE II--RED TAPE REDUCTION

                   Subtitle A--Regulatory Moratorium

Sec. 201. Definitions.
Sec. 202. Significant regulatory actions.
Sec. 203. Waivers.
Sec. 204. Judicial review.
 Subtitle B--Increase of Size of Small Businesses Exempt From Federal 
                          Laws and Regulations

Sec. 211. Increase of size of small businesses exempt from Federal laws 
                            and regulations.
                       Subtitle C--The REINS Act

Sec. 221. Purpose.
Sec. 222. Congressional review of agency rulemaking.
             Subtitle D--Small Business Regulatory Freedom

Sec. 231. Findings.
Sec. 232. Including indirect economic impact in small entity analyses.
Sec. 233. Judicial review to allow small entities to challenge proposed 
                            regulations.
Sec. 234. Periodic review and sunset of existing rules.
Sec. 235. Requiring small business review panels for all agencies.
Sec. 236. Expanding the Regulatory Flexibility Act to agency guidance 
                            documents.
Sec. 237. Requiring the Internal Revenue Service to consider small 
                            entity impact.
Sec. 238. Mitigating penalties on small entities.
Sec. 239. Requiring more detailed small entity analyses.
Sec. 240. Ensuring that agencies consider small entity impact during 
                            the rulemaking process.
Sec. 241. Qualifications of the Chief Counsel for Advocacy and 
                            authority for the Office of Advocacy.
Sec. 242. Technical and conforming amendments.
           Subtitle E--Small Business Freedom of Commerce Act

Sec. 251. Small business exemptions.
                 TITLE III--AMERICAN ENERGY PRODUCTION

    Subtitle A--End of Presidential Permatorium on America's Outer 
                      Continental Shelf Resources

Sec. 301. Deadline for certain permit applications under existing 
                            leases.
                   Chapter 1--Outer Continental Shelf

Sec. 311. End moratorium of oil and gas leasing in certain areas of the 
                            Gulf of Mexico.
Sec. 312. Outer Continental Shelf directed lease sales.
Sec. 313. Leasing program considered approved.
Sec. 314. Outer Continental Shelf lease sales.
Sec. 315. Restrictions on leasing of the Outer Continental Shelf.
Sec. 316. Sharing of OCS receipts with States and local governments.
                    Chapter 2--Arctic Coastal Plain

Sec. 321. Definitions.
Sec. 322. Leasing program for land within the Coastal Plain.
Sec. 323. Lease sales.
Sec. 324. Grant of leases by the Secretary.
Sec. 325. Lease terms and conditions.
Sec. 326. Expedited judicial review.
Sec. 327. Rights-of-way across the Coastal Plain.
Sec. 328. Conveyance.
        Subtitle B--Revocation of Energy-Restricting BLM Lockup

Sec. 331. Revocation of Secretarial Order No. 3310.
          Chapter 1--Expedited Shale Leasing of Federal Lands

Sec. 341. Opening of lands to oil shale leasing.
          Chapter 2--Judicial Review Regarding Energy Projects

Sec. 351. Exclusive jurisdiction over causes and claims relating to 
                            covered energy projects.
Sec. 352. Time for filing complaint.
Sec. 353. District Court for the District of Columbia deadline.
Sec. 354. Ability to seek appellate review.
Sec. 355. Deadline for appeal to the Supreme Court.
Sec. 356. Covered energy project defined.
Sec. 357. Limitation on application.
                      Chapter 3--Permitting Reform

Sec. 361. Purposes.
Sec. 362. Federal Coordinator.
Sec. 363. Regional Offices and Regional Permit Coordinators.
Sec. 364. Reviews and actions of Federal agencies.
Sec. 365. State coordination.
Sec. 366. Savings provision.
Sec. 367. Administrative and judicial review.
Sec. 368. Amendments to publication process.
Sec. 369. Repeal of fee for permits to drill.
Sec. 370. Alaska Offshore Continental Shelf Coordination Office.
    Subtitle C--Relief From Regulations and Prohibitions That Cause 
                       Artificial Price Increases

   Chapter 1--Relief From EPA Climate Change Regulations and Federal 
                    Prohibitions on Synthetic Fuels

Sec. 371. Repeal of EPA climate change regulation.
Sec. 372. Repeal of Federal ban on synthetic fuels purchasing 
                            requirement.
                       Chapter 2--Refinery Reform

Sec. 381. Refinery permitting process.
Sec. 382. Existing refinery permit application deadline.
    Subtitle D--Extension of Certain Outer Continental Shelf Leases

Sec. 391. Extension of certain outer continental shelf leases.
          Subtitle E--Approval of Keystone XL Pipeline Project

Sec. 395. Approval of Keystone XL pipeline project.

                     TITLE I--PRO-GROWTH TAX REFORM

 Subtitle A--Pro-Growth, Pro-Family Tax Reform for Families, Seniors, 
                          and Small Businesses

SEC. 101. TAX REFORM FOR FAMILIES, SENIORS, 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 2 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.--Eliminate all tax credits and 
        deductions. Add deductions and credits for the following items:
                    (A) Home mortgage.
                    (B) Charitable contributions.
                    (C) Tuition and direct expenses for higher 
                education and qualified trade schools.
                    (D) Health insurance costs.
                    (E) $10,000 deduction for working seniors as 
                defined by the Social Security Administration.
                    (F) Earned income credit.
            (3) Consolidation.--Provide necessary changes in order to 
        consolidate the individual income tax system consistent with 
        the tax rates specified in subsection (a).
    (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.

               Subtitle B--Capital Gains Inflation Relief

SEC. 111. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN 
              OR LOSS.

    (a) In General.--Part II of subchapter O of chapter 1 of the 
Internal Revenue Code of 1986 is amended by redesignating section 1023 
as section 1024 and by inserting after section 1022 the following new 
section:

``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING 
              GAIN OR LOSS.

    ``(a) General Rule.--
            ``(1) Indexed basis substituted for adjusted basis.--Solely 
        for purposes of determining gain or loss on the sale or other 
        disposition by a taxpayer (other than a corporation) of an 
        indexed asset which has been held for more than 3 years, the 
        indexed basis of the asset shall be substituted for its 
        adjusted basis.
            ``(2) Exception for depreciation, etc.--The deductions for 
        depreciation, depletion, and amortization shall be determined 
        without regard to the application of paragraph (1) to the 
        taxpayer or any other person.
            ``(3) Written documentation requirement.--Paragraph (1) 
        shall apply only with respect to indexed assets for which the 
        taxpayer has written documentation of the original purchase 
        price paid or incurred by the taxpayer to acquire such asset.
    ``(b) Indexed Asset.--
            ``(1) In general.--For purposes of this section, the term 
        `indexed asset' means--
                    ``(A) common stock in a C corporation (other than a 
                foreign corporation), or
                    ``(B) tangible property,
        which is a capital asset or property used in the trade or 
        business (as defined in section 1231(b)).
            ``(2) Stock in certain foreign corporations included.--For 
        purposes of this section--
                    ``(A) In general.--The term `indexed asset' 
                includes common stock in a foreign corporation which is 
                regularly traded on an established securities market.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to--
                            ``(i) stock of a foreign investment 
                        company,
                            ``(ii) stock in a passive foreign 
                        investment company (as defined in section 
                        1296),
                            ``(iii) stock in a foreign corporation held 
                        by a United States person who meets the 
                        requirements of section 1248(a)(2), and
                            ``(iv) stock in a foreign personal holding 
                        company.
                    ``(C) Treatment of american depository receipts.--
                An American depository receipt for common stock in a 
                foreign corporation shall be treated as common stock in 
                such corporation.
    ``(c) Indexed Basis.--For purposes of this section--
            ``(1) General rule.--The indexed basis for any asset is--
                    ``(A) the adjusted basis of the asset, increased by
                    ``(B) the applicable inflation adjustment.
            ``(2) Applicable inflation adjustment.--The applicable 
        inflation adjustment for any asset is an amount equal to--
                    ``(A) the adjusted basis of the asset, multiplied 
                by
                    ``(B) the percentage (if any) by which--
                            ``(i) the gross domestic product deflator 
                        for the last calendar quarter ending before the 
                        asset is disposed of, exceeds
                            ``(ii) the gross domestic product deflator 
                        for the last calendar quarter ending before the 
                        asset was acquired by the taxpayer.
        The percentage under subparagraph (B) shall be rounded to the 
        nearest \1/10\ of 1 percentage point.
            ``(3) Gross domestic product deflator.--The gross domestic 
        product deflator for any calendar quarter is the implicit price 
        deflator for the gross domestic product for such quarter (as 
        shown in the last revision thereof released by the Secretary of 
        Commerce before the close of the following calendar quarter).
    ``(d) Suspension of Holding Period Where Diminished Risk of Loss; 
Treatment of Short Sales.--
            ``(1) In general.--If the taxpayer (or a related person) 
        enters into any transaction which substantially reduces the 
        risk of loss from holding any asset, such asset shall not be 
        treated as an indexed asset for the period of such reduced 
        risk.
            ``(2) Short sales.--
                    ``(A) In general.--In the case of a short sale of 
                an indexed asset with a short sale period in excess of 
                3 years, for purposes of this title, the amount 
                realized shall be an amount equal to the amount 
                realized (determined without regard to this paragraph) 
                increased by the applicable inflation adjustment. In 
                applying subsection (c)(2) for purposes of the 
                preceding sentence, the date on which the property is 
                sold short shall be treated as the date of acquisition 
                and the closing date for the sale shall be treated as 
                the date of disposition.
                    ``(B) Short sale period.--For purposes of 
                subparagraph (A), the short sale period begins on the 
                day that the property is sold and ends on the closing 
                date for the sale.
    ``(e) Treatment of Regulated Investment Companies and Real Estate 
Investment Trusts.--
            ``(1) Adjustments at entity level.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the adjustment under subsection (a) 
                shall be allowed to any qualified investment entity 
                (including for purposes of determining the earnings and 
                profits of such entity).
                    ``(B) Exception for corporate shareholders.--Under 
                regulations--
                            ``(i) in the case of a distribution by a 
                        qualified investment entity (directly or 
                        indirectly) to a corporation--
                                    ``(I) the determination of whether 
                                such distribution is a dividend shall 
                                be made without regard to this section, 
                                and
                                    ``(II) the amount treated as gain 
                                by reason of the receipt of any capital 
                                gain dividend shall be increased by the 
                                percentage by which the entity's net 
                                capital gain for the taxable year 
                                (determined without regard to this 
                                section) exceeds the entity's net 
                                capital gain for such year determined 
                                with regard to this section, and
                            ``(ii) there shall be other appropriate 
                        adjustments (including deemed distributions) so 
                        as to ensure that the benefits of this section 
                        are not allowed (directly or indirectly) to 
                        corporate shareholders of qualified investment 
                        entities.
                For purposes of the preceding sentence, any amount 
                includible in gross income under section 852(b)(3)(D) 
                shall be treated as a capital gain dividend and an S 
                corporation shall not be treated as a corporation.
                    ``(C) Exception for qualification purposes.--This 
                section shall not apply for purposes of sections 851(b) 
                and 856(c).
                    ``(D) Exception for certain taxes imposed at entity 
                level.--
                            ``(i) Tax on failure to distribute entire 
                        gain.--If any amount is subject to tax under 
                        section 852(b)(3)(A) for any taxable year, the 
                        amount on which tax is imposed under such 
                        section shall be increased by the percentage 
                        determined under subparagraph (B)(i)(II). A 
                        similar rule shall apply in the case of any 
                        amount subject to tax under paragraph (2) or 
                        (3) of section 857(b) to the extent 
                        attributable to the excess of the net capital 
                        gain over the deduction for dividends paid 
                        determined with reference to capital gain 
                        dividends only. The first sentence of this 
                        clause shall not apply to so much of the amount 
                        subject to tax under section 852(b)(3)(A) as is 
                        designated by the company under section 
                        852(b)(3)(D).
                            ``(ii) Other taxes.--This section shall not 
                        apply for purposes of determining the amount of 
                        any tax imposed by paragraph (4), (5), or (6) 
                        of section 857(b).
            ``(2) Adjustments to interests held in entity.--
                    ``(A) Regulated investment companies.--Stock in a 
                regulated investment company (within the meaning of 
                section 851) shall be an indexed asset for any calendar 
                quarter in the same ratio as--
                            ``(i) the average of the fair market values 
                        of the indexed assets held by such company at 
                        the close of each month during such quarter, 
                        bears to
                            ``(ii) the average of the fair market 
                        values of all assets held by such company at 
                        the close of each such month.
                    ``(B) Real estate investment trusts.--Stock in a 
                real estate investment trust (within the meaning of 
                section 856) shall be an indexed asset for any calendar 
                quarter in the same ratio as--
                            ``(i) the fair market value of the indexed 
                        assets held by such trust at the close of such 
                        quarter, bears to
                            ``(ii) the fair market value of all assets 
                        held by such trust at the close of such 
                        quarter.
                    ``(C) Ratio of 80 percent or more.--If the ratio 
                for any calendar quarter determined under subparagraph 
                (A) or (B) would (but for this subparagraph) be 80 
                percent or more, such ratio for such quarter shall be 
                100 percent.
                    ``(D) Ratio of 20 percent or less.--If the ratio 
                for any calendar quarter determined under subparagraph 
                (A) or (B) would (but for this subparagraph) be 20 
                percent or less, such ratio for such quarter shall be 
                zero.
                    ``(E) Look-thru of partnerships.--For purposes of 
                this paragraph, a qualified investment entity which 
                holds a partnership interest shall be treated (in lieu 
                of holding a partnership interest) as holding its 
                proportionate share of the assets held by the 
                partnership.
            ``(3) Treatment of return of capital distributions.--Except 
        as otherwise provided by the Secretary, a distribution with 
        respect to stock in a qualified investment entity which is not 
        a dividend and which results in a reduction in the adjusted 
        basis of such stock shall be treated as allocable to stock 
        acquired by the taxpayer in the order in which such stock was 
        acquired.
            ``(4) Qualified investment entity.--For purposes of this 
        subsection, the term `qualified investment entity' means--
                    ``(A) a regulated investment company (within the 
                meaning of section 851), and
                    ``(B) a real estate investment trust (within the 
                meaning of section 856).
    ``(f) Other Pass-Thru Entities.--
            ``(1) Partnerships.--
                    ``(A) In general.--In the case of a partnership, 
                the adjustment made under subsection (a) at the 
                partnership level shall be passed through to the 
                partners.
                    ``(B) Special rule in the case of section 754 
                elections.--In the case of a transfer of an interest in 
                a partnership with respect to which the election 
                provided in section 754 is in effect--
                            ``(i) the adjustment under section 
                        743(b)(1) shall, with respect to the transferor 
                        partner, be treated as a sale of the 
                        partnership assets for purposes of applying 
                        this section, and
                            ``(ii) with respect to the transferee 
                        partner, the partnership's holding period for 
                        purposes of this section in such assets shall 
                        be treated as beginning on the date of such 
                        adjustment.
            ``(2) S corporations.--In the case of an S corporation, the 
        adjustment made under subsection (a) at the corporate level 
        shall be passed through to the shareholders. This section shall 
        not apply for purposes of determining the amount of any tax 
        imposed by section 1374 or 1375.
            ``(3) Common trust funds.--In the case of a common trust 
        fund, the adjustment made under subsection (a) at the trust 
        level shall be passed through to the participants.
            ``(4) Indexing adjustment disregarded in determining loss 
        on sale of interest in entity.--Notwithstanding the preceding 
        provisions of this subsection, for purposes of determining the 
        amount of any loss on a sale or exchange of an interest in a 
        partnership, S corporation, or common trust fund, the 
        adjustment made under subsection (a) shall not be taken into 
        account in determining the adjusted basis of such interest.
    ``(g) Dispositions Between Related Persons.--
            ``(1) In general.--This section shall not apply to any sale 
        or other disposition of property between related persons except 
        to the extent that the basis of such property in the hands of 
        the transferee is a substituted basis.
            ``(2) Related persons defined.--For purposes of this 
        section, the term `related persons' means--
                    ``(A) persons bearing a relationship set forth in 
                section 267(b), and
                    ``(B) persons treated as single employer under 
                subsection (b) or (c) of section 414.
    ``(h) Transfers To Increase Indexing Adjustment.--If any person 
transfers cash, debt, or any other property to another person and the 
principal purpose of such transfer is to secure or increase an 
adjustment under subsection (a), the Secretary may disallow part or all 
of such adjustment or increase.
    ``(i) Special Rules.--For purposes of this section--
            ``(1) Treatment of improvements, etc.--If there is an 
        addition to the adjusted basis of any tangible property or of 
        any stock in a corporation during the taxable year by reason of 
        an improvement to such property or a contribution to capital of 
        such corporation--
                    ``(A) such addition shall never be taken into 
                account under subsection (c)(1)(A) if the aggregate 
                amount thereof during the taxable year with respect to 
                such property or stock is less than $1,000, and
                    ``(B) such addition shall be treated as a separate 
                asset acquired at the close of such taxable year if the 
                aggregate amount thereof during the taxable year with 
                respect to such property or stock is $1,000 or more.
        A rule similar to the rule of the preceding sentence shall 
        apply to any other portion of an asset to the extent that 
        separate treatment of such portion is appropriate to carry out 
        the purposes of this section.
            ``(2) Assets which are not indexed assets throughout 
        holding period.--The applicable inflation adjustment shall be 
        appropriately reduced for periods during which the asset was 
        not an indexed asset.
            ``(3) Treatment of certain distributions.--A distribution 
        with respect to stock in a corporation which is not a dividend 
        shall be treated as a disposition.
            ``(4) Section cannot increase ordinary loss.--To the extent 
        that (but for this paragraph) this section would create or 
        increase a net ordinary loss to which section 1231(a)(2) 
        applies or an ordinary loss to which any other provision of 
        this title applies, such provision shall not apply. The 
        taxpayer shall be treated as having a long-term capital loss in 
        an amount equal to the amount of the ordinary loss to which the 
        preceding sentence applies.
            ``(5) Acquisition date where there has been prior 
        application of subsection (a)(1) with respect to the 
        taxpayer.--If there has been a prior application of subsection 
        (a)(1) to an asset while such asset was held by the taxpayer, 
        the date of acquisition of such asset by the taxpayer shall be 
        treated as not earlier than the date of the most recent such 
        prior application.
    ``(j) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section.''.
    (b) Clerical Amendment.--The table of sections for part II of 
subchapter O of chapter 1 of the Internal Revenue Code of 1986 is 
amended by striking the item relating to section 1023 and by inserting 
after the item relating to section 1022 the following new item:

``Sec. 1023. Indexing of certain assets for purposes of determining 
                            gain or loss.
``Sec. 1024. Cross references.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to indexed assets acquired by the taxpayer after December 31, 
2011, in taxable years ending after such date.

 Subtitle C--Pro-Growth, Pro-Business Tax Reform for Corporations and 
                            Other Businesses

SEC. 121. 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 not more than 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 and broaden the tax base 
        for the corporate income tax.
            (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) Expensing.--Replace the current depreciation schedules 
        with 100 percent expensing in the same year that the capital 
        expenditure occurs.
            (4) Territorial tax system.--Establishment of a territorial 
        tax system, including strong incentives to repatriate overseas 
        capital, in lieu of the current worldwide tax system.
            (5) Consolidation.--Provide necessary changes in order to 
        consolidate the corporate income tax system with a total of not 
        more than 2 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.

                     Subtitle D--Rebuilding America

SEC. 131. MODIFICATION AND TEMPORARY EXTENSION OF THE INCENTIVES TO 
              REINVEST FOREIGN EARNINGS IN THE UNITED STATES.

    (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1) 
of section 965 of the Internal Revenue Code of 1986 is amended by 
striking ``85 percent'' and inserting ``85.7 percent''.
    (b) Election.--Subsection (f) of section 965 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(f) Election.--The taxpayer may elect to apply this section to--
            ``(1) the taxpayer's last taxable year which begins before 
        the date of the enactment of this subsection, or
            ``(2) the taxpayer's first taxable year which begins during 
        the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or before 
the due date (including extensions) for filing the return of tax for 
such taxable year.''.
    (c) Limitation.--Paragraph (1) of section 965(b) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(1) In general.--The amount of dividends taken into 
        account under subsection (a) shall not exceed the sum of the 
        current and accumulated earnings and profits described in 
        section 959(c)(3) for the year a deduction is claimed under 
        subsection (a), without diminution by reason of any 
        distributions made during the election year, for all controlled 
        foreign corporations of the United States shareholder.''.
    (d) Elimination of Other Limitations.--Section 965(b) of the 
Internal Revenue Code of 1986 is amended by striking paragraphs (2) and 
(4) and by redesignating paragraph (3) as paragraph (2).
    (e) Conforming Amendments.--
            (1) Subparagraph (B) of section 965(b)(2) of the Internal 
        Revenue Code of 1986, as redesignated by subsection (d), is 
        amended by striking ``October 3, 2004'' and inserting 
        ``February 15, 2012''.
            (2) Section 965(c) of such Code is amended by striking 
        paragraphs (1) and (2) and by redesignating paragraphs (3), 
        (4), and (5) as paragraphs (1), (2), and (3), respectively.
            (3) Paragraph (3) of section 965(c) of such Code, as 
        redesignated by paragraph (2), is amended to read as follows:
            ``(3) Controlled groups.--All United States shareholders 
        which are members of an affiliated group filing a consolidated 
        return under section 1501 shall be treated as one United States 
        shareholder.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years ending on or after the date of the enactment of 
this Act.

                   Subtitle E--Saving the Family Farm

SEC. 141. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS 
              FARMLAND USE CONTINUES.

    (a) In General.--Part III of subchapter A of chapter 11 of the 
Internal Revenue Code of 1986 is amended by inserting after section 
2033 the following new section:

``SEC. 2033A. EXCLUSION OF CERTAIN FAMILY-OWNED FARMS AND BUSINESSES.

    ``(a) In General.--In the case of an estate of a decedent to which 
this section applies, the value of the gross estate shall not include 
the adjusted value of any qualified family-owned farm or business 
included in the estate.
    ``(b) Estates to Which Section Applies.--This section shall apply 
to an estate if--
            ``(1) the decedent was (at the date of the decedent's 
        death) a citizen or resident of the United States, and
            ``(2) during the 8-year period ending on the date of the 
        decedent's death there have been periods aggregating 5 years or 
        more during which--
                    ``(A) not less than 60 percent of the qualified 
                family-owned farm or business was owned by the decedent 
                and members of the decedent's family, and
                    ``(B) there was material participation (within the 
                meaning of section 2032A(e)(6)) by the decedent or the 
                qualified heir in the operation of such farm or 
                business.
        Rules similar to the rules of paragraphs (4) and (5) of section 
        2032A(b) shall apply for purposes of subparagraph (B).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified family-owned farm or business.--The term 
        `qualified family-owned farm or business' means--
                    ``(A) any qualified farmland, or
                    ``(B) any qualified trade or business.
            ``(2) Qualified farmland.--The term `qualified farmland' 
        means any real property--
                    ``(A) which is located in the United States,
                    ``(B) which is used as a farm for farming purposes 
                (within the meaning of section 2032A(e)), and
                    ``(C) which was acquired from or passed from the 
                decedent to a qualified heir of the decedent and which, 
                on the date of the decedent's death, was being so used 
                by the decedent or a member of the decedent's family.
            ``(3) Qualified trade or business.--The term `qualified 
        trade or business' means any interest in a trade or business of 
        the taxpayer--
                    ``(A) which is not an interest in a C corporation, 
                and
                    ``(B) which was acquired from or passed from the 
                decedent to a qualified heir of the decedent.
            ``(4) Adjusted value.--The term `adjusted value' means the 
        value of the qualified family-owned farm or business for 
        purposes of this chapter (determined without regard to this 
        section), reduced by the amount deductible under paragraph (3) 
        or (4) of section 2053(a).
            ``(5) Other terms.--Any other term used in this section 
        which is also used in section 2032A shall have the same meaning 
        given such term by section 2032A.
    ``(d) Tax Treatment of Dispositions and Failures To Use for Farming 
Purposes.--
            ``(1) Imposition of recapture tax.--If, at any time after 
        the decedent's death and before the death of the qualified 
        heir--
                    ``(A) the qualified heir disposes of any interest 
                in qualified family-owned farm or business (other than 
                by a disposition to a member of his family), or
                    ``(B) in the case of qualified farmland, the 
                qualified heir ceases to use the real property which 
                was acquired (or passed) from the decedent as a farm 
                for farming purposes,
        then, there is hereby imposed a recapture tax.
            ``(2) Amount of recapture tax, etc.--Rules similar to the 
        rules of section 2032A(c) with respect to the additional estate 
        tax shall apply for purposes of this subsection with respect to 
        the recapture tax.
    ``(e) Application of Other Rules.--To the extent provided by the 
Secretary in regulations, rules similar to the rules of subsections 
(e), (f), (g), (h), and (i) of section 2032A shall apply for purposes 
of this section.''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is 
amended by inserting after the item relating to section 2033 the 
following new item:

``Sec. 2033A. Exclusion of certain family-owned farms and 
                            businesses.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to estates of decedents dying after the date of the enactment of 
this Act.

                      TITLE II--RED TAPE REDUCTION

                   Subtitle A--Regulatory Moratorium

SEC. 201. DEFINITIONS.

    In this subtitle--
            (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. 202. 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. 203. WAIVERS.

    (a) National Security or National Emergency.--The President may 
waive the application of section 202 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 202 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. 204. 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 subtitle is filed.
    (b) Review.--Any person that is adversely affected or aggrieved by 
any significant regulatory action in violation of this subtitle 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 
subtitle.
    (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 subtitle 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 subtitle. 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.

 Subtitle B--Increase of Size of Small Businesses Exempt From Federal 
                          Laws and Regulations

SEC. 211. INCREASE OF SIZE OF SMALL BUSINESSES EXEMPT FROM FEDERAL LAWS 
              AND REGULATIONS.

    Notwithstanding any other provision of law, every exemption from, 
or special benefit under, any Federal law or regulation which is 
available to any business with 200 or fewer employees shall be 
available to every comparable business with 200 or fewer employees. The 
preceding sentence shall not apply in any context in which its 
application would result in increased eligibility for tax deductions or 
credits, or an increase in Federal expenditures.

                       Subtitle C--The REINS Act

SEC. 221. PURPOSE.

    The purpose of this subtitle is to increase accountability for and 
transparency in the federal regulatory process. Section 1 of article I 
of the United States Constitution grants all legislative powers to 
Congress. 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. By 
requiring a vote in Congress, this subtitle will result in more 
carefully drafted and detailed legislation, an improved regulatory 
process, and a legislative branch that is truly accountable to the 
American people for the laws imposed upon them.

SEC. 222. 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.
            ``(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.''.

             Subtitle D--Small Business Regulatory Freedom

SEC. 231. 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 creation and 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 creation or job loss.

SEC. 232. 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) any direct economic effect of the rule on 
                small entities; and
                    ``(B) any indirect economic effect on small 
                entities, including potential job creation or job loss, 
                that is reasonably foreseeable and that results from 
                the rule, without regard to whether small entities are 
                directly regulated by the rule.''.

SEC. 233. 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. 234. PERIODIC REVIEW AND SUNSET OF EXISTING RULES.

    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 
Grow America Act of 2012, 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)(1) Each plan established under subsection (a) shall provide 
for--
            ``(A) the review of each rule and small entity compliance 
        guide described in subsection (a)(1) in effect on the date of 
        enactment of the Grow America Act of 2012--
                    ``(i) not later than 8 years after the date of 
                publication of the plan in the Federal Register; and
                    ``(ii) every 8 years thereafter; and
            ``(B) 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 Grow America Act 
        of 2012--
                    ``(i) not later than 8 years after the publication 
                of the final rule in the Federal Register; and
                    ``(ii) every 8 years thereafter.
    ``(2)(A) If an agency determines that the review of the rules and 
guides described in paragraph (1)(A) cannot be completed before the 
date described in paragraph (1)(A)(i), the agency--
            ``(i) shall publish a statement in the Federal Register 
        certifying that the review cannot be completed; and
            ``(ii) may extend the period for the review of the rules 
        and guides described in paragraph (1)(A) for a period of not 
        more than 2 years, if the agency publishes notice of the 
        extension in the Federal Register.
    ``(B) An agency shall transmit to the Chief Counsel for Advocacy of 
the Small Business Administration and Congress notice of any statement 
or notice described in subparagraph (A).
    ``(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 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) With respect to each agency, not later than 6 months after 
each date described in subsection (b)(1), the Chief Counsel for 
Advocacy of the Small Business Administration shall determine whether 
the agency has completed the review required under subsection (b).
    ``(2) If, after a review under paragraph (1), the Chief Counsel for 
Advocacy of the Small Business Administration determines that an agency 
has failed to complete the review required under subsection (b), each 
rule issued by the agency that the head of the agency determined under 
subsection (a) has a significant economic impact on a substantial 
number of small entities shall immediately cease to have effect.''.

SEC. 235. REQUIRING SMALL BUSINESS REVIEW PANELS FOR ALL AGENCIES.

    (a) Agencies.--Section 609 of title 5, United States Code, is 
amended--
            (1) in subsection (b), by striking ``a covered agency'' 
        each place it appears and inserting ``an agency''; and
            (2) in subsection (e)(1), by striking ``the covered 
        agency'' and inserting ``the agency''.
    (b) Technical and Conforming Amendments.--
            (1) Section 609.--Section 609 of title 5, United States 
        Code, is amended--
                    (A) by striking subsection (d), as amended by 
                section 1100G(a) of Public Law 111-203 (124 Stat. 
                2112); and
                    (B) by redesignating subsection (e) as subsection 
                (d).
            (2) 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''.
            (3) 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''.
            (4) 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. 236. 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. 237. 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 332 of this title, 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. 238. MITIGATING PENALTIES ON SMALL ENTITIES.

    Section 223 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Public Law 104-121; 110 Stat. 862) is amended by adding at 
the end the following:
    ``(d) Review of Policies and Programs.--
            ``(1) Review required.--Not later than 6 months after the 
        date of enactment of this subsection, and every 2 years 
        thereafter, each agency regulating the activities of small 
        entities shall review the policy or program established by the 
        agency under subsection (a) and make any modifications to the 
        policy or program necessary to comply with the requirements 
        under this section.
            ``(2) Report.--Not later than 6 months after the date of 
        enactment of this subsection, and every 2 years thereafter, 
        each agency described in paragraph (1) shall submit a report on 
        the review and modifications required under paragraph (1) to--
                    ``(A) the Committee on Small Business and 
                Entrepreneurship and the Committee on Homeland Security 
                and Governmental Affairs of the Senate; and
                    ``(B) the Committee on Small Business and the 
                Committee on the Judiciary of the House of 
                Representatives.''.

SEC. 239. 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 creation 
        and employment 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 creation or job loss, and alternatives to 
        the proposed or final rule; or
            ``(2) a more general descriptive statement regarding the 
        potential for job creation or job loss and a detailed statement 
        explaining why quantification under paragraph (1) is not 
        practicable or reliable.''.

SEC. 240. 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. 241. QUALIFICATIONS OF THE CHIEF COUNSEL FOR ADVOCACY AND 
              AUTHORITY FOR THE OFFICE OF ADVOCACY.

    (a) Qualifications of Chief Counsel for Advocacy.--Section 201 of 
Public Law 94-305 (15 U.S.C. 634a) is amended by adding at the end the 
following: ``The Chief Counsel for Advocacy shall be an attorney with 
business experience and expertise in or knowledge of the regulatory 
process.''.
    (b) Additional Powers of 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. 242. 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 certification.'';
        and
            (2) by striking the item relating to section 607 and 
        inserting the following:

``607. Quantification requirements.''.

           Subtitle E--Small Business Freedom of Commerce Act

SEC. 251. SMALL BUSINESS EXEMPTIONS.

    (a) Election.--Notwithstanding any other provision of law, a small 
business concern operating in the United States may elect to be exempt 
from any Federal rule or regulation issued on or after January 1, 2008.
    (b) Process for Exemption.--
            (1) Notification of federal agency.--To be exempt from a 
        rule or regulation under this section, the highest ranking 
        official of a small business concern shall provide to the 
        Federal agency that issued such rule or regulation written 
        notice that the small business concern has elected to be exempt 
        from such rule or regulation.
            (2) Timing.--A small business concern shall be exempt from 
        a rule or regulation beginning on the date that is 30 days 
        after the date that written notice provided by such concern 
        under paragraph (1), with respect to such rule or regulation, 
        is received by the applicable Federal agency.
            (3) Confirmation of written notice.--Not later than 7 days 
        after receiving a written notice under paragraph (1), the head 
        of the Federal agency that received such notice shall provide 
        to the applicable small business concern written confirmation 
        that such notice has been received.
    (c) Notification of Public.--A small business concern that is 
exempt from a Federal rule or regulation under this section shall--
            (1) label any product of the concern affected by such 
        exemption in a manner that provides notice that the product is 
        no longer subject to such rule or regulation; and
            (2) include in any communication of the concern relating to 
        a product or activity affected by such exemption notice that 
        the product or activity is no longer subject to such rule or 
        regulation.
    (d) Penalties.--A small business concern that fails to satisfy any 
requirement under this section shall be subject to penalties for 
noncompliance with an applicable Federal rule or regulation without 
regard to any election of the small business concern to be exempt from 
such rule or regulation.
    (e) Limitations.--A small business concern may not elect to be 
exempt under this section from a rule or regulation issued by the 
Department of Defense or the Department of Homeland Security, if the 
Secretary of Defense or the Secretary of Homeland Security has 
determined that such rule or regulation is necessary for the security 
of the United States.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Federal agency.--The term ``Federal agency'' means any 
        department, agency, or independent establishment of the Federal 
        Government.
            (2) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).

                 TITLE III--AMERICAN ENERGY PRODUCTION

    Subtitle A--End of Presidential Permatorium on America's Outer 
                      Continental Shelf Resources

SEC. 301. DEADLINE FOR CERTAIN PERMIT APPLICATIONS UNDER EXISTING 
              LEASES.

    (a) In General.--A lease under which a covered application is 
submitted to the Secretary of the Interior shall be considered to be in 
directed suspension during the period beginning May 27, 2010, and 
ending on the date the Secretary issues a final decision on the 
application, if the Secretary does not issue a final decision on the 
application--
            (1) before the end of the 30-day period beginning on the 
        date of enactment of this Act, in the case of a covered 
        application submitted before such date of enactment; or
            (2) before the end of the 30-day period beginning on the 
        date the application is received by the Secretary, in the case 
        of a covered application submitted on or after such date of 
        enactment.
    (b) Covered Application.--In this section the term ``covered 
application'' means an application for a permit to drill under an oil 
and gas lease under the Outer Continental Shelf Lands Act in effect on 
the date of enactment of this Act, that--
            (1) represents a resubmission of an approved permit to 
        drill (including an application for a permit to sidetrack) that 
        was approved by the Secretary before May 27, 2010; and
            (2) is received by the Secretary after October 12, 2010, 
        and before the end of the 30-day period beginning on the date 
        of enactment of this Act.

                   CHAPTER 1--OUTER CONTINENTAL SHELF

SEC. 311. END MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE 
              GULF OF MEXICO.

    (a) Repeal of Moratorium.--
            (1) Repeal.--Subsection (a) of section 104 of the Gulf of 
        Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 
        Law 109-432) is repealed.
            (2) National defense area.--Section 12(d) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1341(d)) is amended--
                    (A) by striking ``(d) The United States'' and 
                inserting the following:
    ``(d) Restriction of Areas for National Defense.--
            ``(1) In general.--The United States''; and
                    (B) by adding at the end the following:
            ``(2) Review.--Annually, the Secretary of Defense shall 
        review the areas of the outer Continental Shelf that have been 
        designated as restricted from exploration and operation to 
        determine whether the areas should remain under restriction.''.
    (b) Leasing of Moratorium Areas.--
            (1) 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 offer for leasing under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), any areas 
        made available for leasing as a result of the enactment of 
        subsection (a).
            (2) Leasing plan.--Any areas made available for leasing 
        under paragraph (1) shall be offered for lease under this 
        section notwithstanding the omission of any of these respective 
        areas from the applicable 5-year plan developed by the 
        Secretary pursuant to section 18 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1344).
    (c) Military Mission.--Section 104 of the Gulf of Mexico Energy 
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is 
further amended--
            (1) by striking ``(b) Military Mission Line.--
        Notwithstanding subsection (a), the'' and inserting ``(a) 
        Military Mission.--The'';
            (2) by redesignating subsection (c) as subsection (b);
            (3) in subsection (b)(1), as so redesignated, by striking 
        ``paragraph (2) or (3) of subsection (a)'' and inserting 
        ``paragraph (5)''; and
            (4) in subsection (b), as so redesignated, by adding at the 
        end the following:
            ``(5) Areas described.--The areas referred to in paragraph 
        (1) are--
                    ``(A) any area in the Eastern Planning Area that is 
                within 125 miles of the coastline of the State of 
                Florida; and
                    ``(B) any area in the Central Planning Area that 
                is--
                            ``(i) within--
                                    ``(I) the 181 Area; and
                                    ``(II) 100 miles of the coastline 
                                of the State of Florida; or
                            ``(ii)(I) outside the 181 Area;
                                    ``(II) east of the western edge of 
                                the Pensacola Official Protraction 
                                Diagram (UTM X coordinate 1,393,920 
                                (NAD 27 feet)); and
                                    ``(III) within 100 miles of the 
                                coastline of the State of Florida.''.

SEC. 312. OUTER CONTINENTAL SHELF DIRECTED LEASE SALES.

    (a) 209 Lease Sale.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall offer the Beaufort Sea Program 
Area for oil and gas leasing pursuant to the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007-
2012 Lease Sale Schedule.
    (b) 210 Lease Sale.--The Secretary shall offer the Western Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (c) 212 Lease Sale.--The Secretary shall offer the Chukchi Sea 
Program Area for oil and gas leasing pursuant to the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 
2007-2012 Lease Sale Schedule.
    (d) 213 Lease Sale.--The Secretary shall offer the Central Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (e) 215 Lease Sale.--The Secretary shall offer the Western Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (f) 216 Lease Sale.--The Secretary shall offer the Central Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (g) 217 Lease Sale.--The Secretary shall offer the Beaufort Sea 
Program Area for oil and gas leasing pursuant to the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 
2007-2012 Lease Sale Schedule.
    (h) 214 Lease Sale.--The Secretary shall offer the North Aleutian 
Basin Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (i) 218 Lease Sale.--The Secretary shall offer the Western Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as 
established in the 2007-2012 Lease Sale Schedule.
    (j) 219 Lease Sale.--The Secretary shall offer the Cook Inlet 
Program Area for oil and gas leasing pursuant to the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 
2007-2012 Lease Sale Schedule.
    (k) 220 Lease Sale.--The Secretary shall offer the Mid-Atlantic 
Program Area for oil and gas leasing pursuant to the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 
2007-2012 Lease Sale Schedule.
    (l) 221 Lease Sale.--The Secretary shall offer the Chukchi Sea 
Program Area for oil and gas leasing pursuant to the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as established in the 
2007-2012 Lease Sale Schedule.
    (m) 222 Lease Sale.--The Secretary shall offer the Central Gulf of 
Mexico Program Area for oil and gas leasing pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as 
established in the 2007-2012 Lease Sale Schedule.

SEC. 313. 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 of the 
requirements of sections 18, 19, and 20 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1344, 1345, and 1346), 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)), and in accordance with all 
requirements of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.).

SEC. 314. OUTER CONTINENTAL SHELF LEASE SALES.

    (a) Requirement To Conduct Lease Sales.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than one year after the date of enactment of this Act and 
        annually thereafter, the Secretary of the Interior (referred to 
        in this section as the ``Secretary'') shall conduct at a 
        minimum one lease sale in an Atlantic Planning Area, one lease 
        sale in the Pacific Planning Area, one lease sale in the Alaska 
        Planning Area, and three lease sales in a Gulf of Mexico 
        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.
            (2) 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 
        subsection, not later than 2 years after the date of enactment 
        of the determination and every 2 years thereafter, the 
        Secretary shall--
                    (A) 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
                    (B) if the Secretary determines that there is a 
                commercial interest described in subparagraph (A), 
                conduct a lease sale in the planning area.
    (b) Leasing Plan.--Any areas made available for leasing under 
subsection (a) shall be offered for lease under this section 
notwithstanding the omission of any of these respective areas from the 
applicable 5-year plan developed by the Secretary pursuant to section 
18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

SEC. 315. RESTRICTIONS ON LEASING OF THE OUTER CONTINENTAL SHELF.

    (a) State Opt-Out.--No lease authorizing a permanent surface energy 
project for the exploration, development, or production of oil or gas 
may be issued for any area of the Outer Continental Shelf located 
within 10 miles of the coastline of a State if the State has notified 
the Secretary of the Interior that the State does not want to 
participate in such leasing.
    (b) Existing Leases Not Affected.--This section shall not affect 
any lease issued before the date of enactment of this Act.

SEC. 316. SHARING OF OCS RECEIPTS WITH STATES AND LOCAL GOVERNMENTS.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended as follows:
            (1) By designating the existing text as subsection (a).
            (2) In subsection (a) (as so designated) by inserting ``, 
        if not paid as otherwise provided in this title'' after 
        ``receipts''.
            (3) By adding the following:
    ``(b) Treatment of OCS Receipts.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraph (2).
            ``(2) Immediate receipts sharing.--Beginning October 1, 
        2012, the Secretary shall share 50 percent of OCS Receipts 
        derived from all leases, except that the Secretary shall only 
        share 25 percent of such OCS Receipts derived from all such 
        leases within a State's Adjacent Zone if leasing is not allowed 
        within at least 25 percent of that State's Adjacent Zone 
        located completely within 75 miles of any coastline.
            ``(3) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are shared under paragraph (2) as follows:
                    ``(A) Bonus bids.--Deposits derived from bonus bids 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits derived from royalties 
                and net profit shares from a leased tract, including 
                interest thereon, shall be allocated at the end of each 
                fiscal year as follows:
                            ``(i) Fifty percent to the Adjacent State.
                            ``(ii) Fifty percent to all States, 
                        including the Adjacent State, having a 
                        coastline point within 300 miles of the leased 
                        tract, divided equally, if such State allows 
                        leasing within at least 25 percent of its 
                        Adjacent Zone within 75 miles of the coastline.
                    ``(C) Limitation if not admitted to the union as a 
                state.--Any entity defined as a `State' under section 
                2(r), that has not been admitted to the Union as a 
                State shall only be entitled to one-half of a State 
                share under this paragraph.
    ``(c) Transmission of Allocations.--
            ``(1) In general.--Not later than 90 days after the end of 
        each fiscal year, the Secretary shall transmit--
                    ``(A) to each State 60 percent of such State's 
                allocations under subsections (b)(2), (b)(3)(A), and 
                (b)(3)(B) (i) and (ii) for the immediate prior fiscal 
                year; and
                    ``(B) to each coastal county-equivalent and 
                municipal political subdivisions of such State a total 
                of 40 percent of such State's allocations under 
                subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and 
                (ii), for the immediate prior fiscal year, together 
                with all accrued interest thereon.
            ``(2) Allocations to coastal county-equivalent political 
        subdivisions.--The Secretary shall make an initial allocation 
        of the OCS Receipts to be shared under paragraph (1)(B) as 
        follows:
                    ``(A) Twenty-five percent shall be allocated to 
                coastal county-equivalent political subdivisions that 
                are completely more than 25 miles landward of the 
                coastline and at least a part of which lies not more 
                than 75 miles landward from the coastline, with the 
                allocation among such coastal county-equivalent 
                political subdivisions based on population.
                    ``(B) Seventy-five percent shall be allocated to 
                coastal county-equivalent political subdivisions that 
                are completely or partially less than 25 miles landward 
                of the coastline, with the allocation among such 
                coastal county-equivalent political subdivisions to be 
                further allocated as follows:
                            ``(i) Twenty-five percent shall be 
                        allocated based on the ratio of such coastal 
                        county-equivalent political subdivision's 
                        population to the coastal population of all 
                        coastal county-equivalent political 
                        subdivisions in the State.
                            ``(ii) Twenty-five percent shall be 
                        allocated based on the ratio of such coastal 
                        county-equivalent political subdivision's 
                        coastline miles to the coastline miles of all 
                        coastal county-equivalent political 
                        subdivisions in the State as calculated by the 
                        Secretary. In such calculations, coastal 
                        county-equivalent political subdivisions 
                        without a coastline shall be considered to have 
                        50 percent of the average coastline miles of 
                        the coastal county-equivalent political 
                        subdivisions that do have coastlines.
                            ``(iii) Fifty percent shall be allocated 
                        equally to all coastal county-equivalent 
                        political subdivisions having a coastline point 
                        within 300 miles of the leased tract for which 
                        OCS Receipts are being shared.
            ``(3) Allocations to coastal municipal political 
        subdivisions.--The initial allocation to each coastal county-
        equivalent political subdivision under paragraph (2) shall be 
        further allocated to the coastal county-equivalent political 
        subdivision and any coastal municipal political subdivisions 
        located partially or wholly within the boundaries of the 
        coastal county-equivalent political subdivision as follows:
                    ``(A) One-third shall be allocated to the coastal 
                county-equivalent political subdivision.
                    ``(B) Two-thirds shall be allocated on a per capita 
                basis to the municipal political subdivisions and the 
                county-equivalent political subdivision, with the 
                allocation to the latter based upon its population not 
                included within the boundaries of a municipal political 
                subdivision.
    ``(d) Investment of Deposits.--Amounts deposited under this section 
shall be invested by the Secretary of the Treasury in securities backed 
by the full faith and credit of the United States having maturities 
suitable to the needs of the account in which they are deposited and 
yielding the highest reasonably available interest rates as determined 
by the Secretary of the Treasury.
    ``(e) Use of Funds.--A recipient of funds under this section may 
use the funds for one or more of the following:
            ``(1) To reduce in-State college tuition at public 
        institutions of higher learning and otherwise support public 
        education, including career technical education.
            ``(2) To make transportation infrastructure improvements.
            ``(3) To reduce taxes.
            ``(4) To promote, fund, and provide for--
                    ``(A) coastal or environmental restoration;
                    ``(B) fish, wildlife, and marine life habitat 
                enhancement;
                    ``(C) waterways construction and maintenance;
                    ``(D) levee construction and maintenance and shore 
                protection; and
                    ``(E) marine and oceanographic education and 
                research.
            ``(5) To promote, fund, and provide for--
                    ``(A) infrastructure associated with energy 
                production activities conducted on the outer 
                Continental Shelf;
                    ``(B) energy demonstration projects;
                    ``(C) supporting infrastructure for shore-based 
                energy projects;
                    ``(D) State geologic programs, including geologic 
                mapping and data storage programs, and State 
                geophysical data acquisition;
                    ``(E) State seismic monitoring programs, including 
                operation of monitoring stations;
                    ``(F) development of oil and gas resources through 
                enhanced recovery techniques;
                    ``(G) energy efficiency and conservation programs; 
                and
                    ``(H) front-end engineering and design for 
                facilities that produce liquid fuels from hydrocarbons 
                and other biological matter.
            ``(6) To promote, fund, and provide for--
                    ``(A) historic preservation programs and projects;
                    ``(B) natural disaster planning and response; and
                    ``(C) hurricane and natural disaster insurance 
                programs.
            ``(7) For any other purpose as determined by State law.
    ``(f) No Accounting Required.--No recipient of funds under this 
section shall be required to account to the Federal Government for the 
expenditure of such funds, except as otherwise may be required by law. 
However, States may enact legislation providing for accounting for and 
auditing of such expenditures. Further, funds allocated under this 
section to States and political subdivisions may be used as matching 
funds for other Federal programs.
    ``(g) Effect of Future Laws.--Enactment of any future Federal 
statute that has the effect, as determined by the Secretary, of 
restricting any Federal agency from spending appropriated funds, or 
otherwise preventing it from fulfilling its pre-existing 
responsibilities as of the date of enactment of the statute, unless 
such responsibilities have been reassigned to another Federal agency by 
the statute with no prevention of performance, to issue any permit or 
other approval impacting on the OCS oil and gas leasing program, or any 
lease issued thereunder, or to implement any provision of this Act 
shall automatically prohibit any sharing of OCS Receipts under this 
section directly with the States, and their coastal political 
subdivisions, for the duration of the restriction. The Secretary shall 
make the determination of the existence of such restricting effects 
within 30 days of a petition by any outer Continental Shelf lessee or 
producing State.
    ``(h) Definitions.--In this section:
            ``(1) Coastal county-equivalent political subdivision.--The 
        term `coastal county-equivalent political subdivision' means a 
        political jurisdiction immediately below the level of State 
        government, including a county, parish, borough in Alaska, 
        independent municipality not part of a county, parish, or 
        borough in Alaska, or other equivalent subdivision of a coastal 
        State, that lies within the coastal zone.
            ``(2) Coastal municipal political subdivision.--The term 
        `coastal municipal political subdivision' means a municipality 
        located within and part of a county, parish, borough in Alaska, 
        or other equivalent subdivision of a State, all or part of 
        which coastal municipal political subdivision lies within the 
        coastal zone.
            ``(3) Coastal population.--The term `coastal population' 
        means the population of all coastal county-equivalent political 
        subdivisions, as determined by the most recent official data of 
        the Census Bureau.
            ``(4) Coastal zone.--The term `coastal zone' means that 
        portion of a coastal State, including the entire territory of 
        any coastal county-equivalent political subdivision at least a 
        part of which lies, within 75 miles landward from the 
        coastline, or a greater distance as determined by State law 
        enacted to implement this section.
            ``(5) Bonus bids.--The term `bonus bids' means all funds 
        received by the Secretary to issue an outer Continental Shelf 
        minerals lease.
            ``(6) Royalties.--The term `royalties' means all funds 
        received by the Secretary from production of oil or natural 
        gas, or the sale of production taken in-kind, or from net 
        profit shares, from an outer Continental Shelf minerals lease.
            ``(7) Producing state.--The term `producing State' means an 
        Adjacent State having an Adjacent Zone containing leased tracts 
        from which OCS Receipts were derived.
            ``(8) OCS receipts.--The term `OCS Receipts' means bonus 
        bids and royalties, excluding royalties from leases amended 
        under the authority of section 8(s) of this Act.''.

                    CHAPTER 2--ARCTIC COASTAL PLAIN

SEC. 321. DEFINITIONS.

    In this chapter:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area identified as the ``1002 Coastal Plain Area'' on the map.
            (2) Federal agreement.--The term ``Federal Agreement'' 
        means the Federal Agreement and Grant Right-of-Way for the 
        Trans-Alaska Pipeline issued on January 23, 1974, in accordance 
        with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and 
        the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et 
        seq.).
            (3) Final statement.--The term ``Final Statement'' means 
        the final legislative environmental impact statement on the 
        Coastal Plain, dated April 1987, and prepared pursuant to 
        section 1002 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Map.--The term ``map'' means the map entitled ``Arctic 
        National Wildlife Refuge'', dated September 2005, and prepared 
        by the United States Geological Survey.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or the designee of the Secretary), acting 
        through the Director of the Bureau of Land Management, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service.

SEC. 322. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        chapter, a competitive oil and gas leasing program that will 
        result in an environmentally sound program for the exploration, 
        development, and production of the oil and gas resources of the 
        Coastal Plain; and
            (2) to administer this chapter through regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other provisions that require the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this chapter in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents contained 
        in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
        striking the item relating to section 1003.
            (3) Compliance with nepa for other actions.--
                    (A) In general.--Before conducting the first lease 
                sale under this chapter, the Secretary shall prepare an 
                environmental impact statement in accordance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with respect to the actions authorized by 
                this chapter that are not referred to in paragraph (2).
                    (B) Identification and analysis.--Notwithstanding 
                any other provision of law, in carrying out this 
                paragraph, the Secretary shall not be required--
                            (i) to identify nonleasing alternative 
                        courses of action; or
                            (ii) to analyze the environmental effects 
                        of those courses of action.
                    (C) Identification of preferred action.--Not later 
                than 18 months after the date of enactment of this Act, 
                the Secretary shall--
                            (i) identify only a preferred action and a 
                        single leasing alternative for the first lease 
                        sale authorized under this chapter; and
                            (ii) analyze the environmental effects and 
                        potential mitigation measures for those 2 
                        alternatives.
                    (D) Public comments.--In carrying out this 
                paragraph, the Secretary shall consider only public 
                comments that are filed not later than 20 days after 
                the date of publication of a draft environmental impact 
                statement.
                    (E) Effect of compliance.--Notwithstanding any 
                other provision of law, compliance with this paragraph 
                shall be considered to satisfy all requirements for the 
                analysis and consideration of the environmental effects 
                of proposed leasing under this chapter.
    (c) Relationship to State and Local Authority.--Nothing in this 
chapter expands or limits any State or local regulatory authority.
    (d) Special Areas.--
            (1) Designation.--
                    (A) In general.--The Secretary, after consultation 
                with the State of Alaska, the North Slope Borough, 
                Alaska, and the City of Kaktovik, Alaska, may designate 
                not more than 45,000 acres of the Coastal Plain as a 
                special area if the Secretary determines that the 
                special area would be of such unique character and 
                interest as to require special management and 
                regulatory protection.
                    (B) Sadlerochit spring area.--The Secretary shall 
                designate as a special area in accordance with 
                subparagraph (A) the Sadlerochit Spring area, 
                comprising approximately 4,000 acres as depicted on the 
                map.
            (2) Management.--The Secretary shall manage each special 
        area designated under this subsection in a manner that 
        preserves the unique and diverse character of the area, 
        including fish, wildlife, subsistence resources, and cultural 
        values of the area.
            (3) Exclusion from leasing or surface occupancy.--
                    (A) In general.--The Secretary may exclude any 
                special area designated under this subsection from 
                leasing.
                    (B) No surface occupancy.--If the Secretary leases 
                all or a portion of a special area for the purposes of 
                oil and gas exploration, development, production, and 
                related activities, there shall be no surface occupancy 
                of the land comprising the special area.
            (4) Directional drilling.--Notwithstanding any other 
        provision of this subsection, the Secretary may lease all or a 
        portion of a special area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the special area.
    (e) Limitation on Closed Areas.--The Secretary may not close land 
within the Coastal Plain to oil and gas leasing or to exploration, 
development, or production except in accordance with this chapter.
    (f) Regulations.--
            (1) In general.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to carry out this chapter, 
        including rules and regulations relating to protection of the 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and environment of the Coastal Plain.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, as appropriate, revise the rules and 
        regulations issued under paragraph (1) to reflect any 
        significant biological, environmental, scientific or 
        engineering data that come to the attention of the Secretary.

SEC. 323. LEASE SALES.

    (a) In General.--Land may be leased pursuant to this chapter to any 
person qualified to obtain a lease for deposits of oil and gas under 
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after that nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Bidding for leases under this chapter shall 
be by sealed competitive cash bonus bids.
    (d) Acreage Minimum in First Sale.--For the first lease sale under 
this chapter, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) not later than 22 months after the date of enactment of 
        this Act, conduct the first lease sale under this chapter;
            (2) not later than 90 days after the date of the completion 
        of the sale, evaluate the bids in the sale and issue leases 
        resulting from the sale; and
            (3) conduct additional sales at appropriate intervals if 
        sufficient interest in exploration or development exists to 
        warrant the conduct of the additional sales.

SEC. 324. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--On payment by a lessee of such bonus as may be 
accepted by the Secretary, the Secretary may grant to the highest 
responsible qualified bidder in a lease sale conducted pursuant to 
section 323 a lease for any land on the Coastal Plain.
    (b) Subsequent Transfers.--
            (1) In general.--No lease issued under this chapter may be 
        sold, exchanged, assigned, sublet, or otherwise transferred 
        except with the approval of the Secretary.
            (2) Condition for approval.--Before granting any approval 
        described in paragraph (1), the Secretary shall consult with 
        and give due consideration to the opinion of the Attorney 
        General.

SEC. 325. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued pursuant to this chapter shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent of the amount or value of the production 
        removed or sold from the lease, as determined by the Secretary 
        in accordance with regulations applicable to other Federal oil 
        and gas leases;
            (2) require that each lessee of land within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of land within the Coastal Plain and any other Federal land 
        that is adversely affected in connection with exploration, 
        development, production, or transportation activities within 
        the Coastal Plain conducted by the lessee or by any of the 
        subcontractors or agents of the lessee;
            (3) provide that the lessee may not delegate or convey, by 
        contract or otherwise, that reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (4) provide that the standard of reclamation for land 
        required to be reclaimed under this chapter shall be, to the 
        maximum extent practicable--
                    (A) a condition capable of supporting the uses that 
                the land was capable of supporting prior to any 
                exploration, development, or production activities; or
                    (B) on application by the lessee, to a higher or 
                better standard, as approved by the Secretary;
            (5) contain terms and conditions relating to protection of 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and the environment as required under section 
        322(a)(2);
            (6) provide that each lessee, and each agent and contractor 
        of a lessee, use their best efforts to provide a fair share of 
        employment and contracting for Alaska Natives and Alaska Native 
        Corporations from throughout the State of Alaska, as determined 
        by the level of obligation previously agreed to in the Federal 
        Agreement; and
            (7) contain such other provisions as the Secretary 
        determines to be necessary to ensure compliance with this 
        chapter and the regulations promulgated under this chapter.

SEC. 326. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaints.--
            (1) Deadline.--A complaint seeking judicial review of a 
        provision of this chapter or an action of the Secretary under 
        this chapter shall be filed--
                    (A) except as provided in subparagraph (B), during 
                the 90-day period beginning on the date on which the 
                action being challenged was carried out; or
                    (B) in the case of a complaint based solely on 
                grounds arising after the 90-day period described in 
                subparagraph (A), by not later than 90 days after the 
                date on which the complainant knew or reasonably should 
                have known about the grounds for the complaint.
            (2) Venue.--A complaint seeking judicial review of a 
        provision of this chapter or an action of the Secretary under 
        this chapter shall be filed in the United States District Court 
        for the District of Columbia.
            (3) Scope.--
                    (A) In general.--Judicial review of a decision of 
                the Secretary relating to a lease sale under this 
                chapter (including an environmental analysis of such a 
                lease sale) shall be--
                            (i) limited to a review of whether the 
                        decision is in accordance with this chapter; 
                        and
                            (ii) based on the administrative record of 
                        the decision.
                    (B) Presumptions.--Any identification by the 
                Secretary of a preferred course of action relating to a 
                lease sale, and any analysis by the Secretary of 
                environmental effects, under this chapter shall be 
                presumed to be correct unless proven otherwise by clear 
                and convincing evidence.
    (b) Limitation on Other Review.--Any action of the Secretary that 
is subject to judicial review under this section shall not be subject 
to judicial review in any civil or criminal proceeding for enforcement.
    (c) Relationship to Other Provisions.--Subchapter B of chapter 2 
shall not affect the application of this section.

SEC. 327. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170, 3171).
    (b) Regulations.--The Secretary shall include in regulations under 
section 322(f) provisions granting rights-of-way and easements 
described in subsection (a).

SEC. 328. CONVEYANCE.

    Notwithstanding section 1302(h)(2) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on 
title to land, and to clarify land ownership patterns in the Coastal 
Plain, the Secretary shall--
            (1) to the extent necessary to fulfill the entitlement of 
        the Kaktovik Inupiat Corporation under sections 12 and 14 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        as determined by the Secretary, convey to that Corporation the 
        surface estate of the land described in paragraph (1) of Public 
        Land Order 6959, in accordance with the terms and conditions of 
        the agreement between the Secretary, the United States Fish and 
        Wildlife Service, the Bureau of Land Management, and the 
        Kaktovik Inupiat Corporation, dated January 22, 1993; and
            (2) convey to the Arctic Slope Regional Corporation the 
        remaining subsurface estate to which that Corporation is 
        entitled under the agreement between that corporation and the 
        United States, dated August 9, 1983.

        Subtitle B--Revocation of Energy-Restricting BLM Lockup

SEC. 331. REVOCATION OF SECRETARIAL ORDER NO. 3310.

    Secretarial Order No. 3310, dated December 22, 2010, relating to 
protecting wilderness characteristics on lands managed by the Bureau of 
Land Management is hereby revoked.

          CHAPTER 1--EXPEDITED SHALE LEASING OF FEDERAL LANDS

SEC. 341. OPENING OF LANDS TO OIL SHALE LEASING.

    (a) Repeal of Limitation on Use of Funds.--Section 433 of division 
F of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 
Stat. 2152) is repealed.
    (b) Issuance of Regulations.--The Secretary of the Interior shall 
issue all regulations necessary to implement section 369 of the Energy 
Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15927) with respect to 
oil shale by not later than 60 days after the date of the enactment of 
this Act. Such regulations shall include such safeguards and assurances 
as the Secretary considers necessary to allow States to exercise their 
regulatory and statutory authorities under State law, consistent with 
otherwise applicable Federal law.
    (c) Leasing of Oil Shale Resource.--Immediately after issuing 
regulations under subsection (b), the Secretary of the Interior shall--
            (1) offer for leasing for research and development of oil 
        shale resources under subsection (c) of section 369 of the 
        Energy Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15927), 
        additional 160-acre tracts of lands the Secretary considers 
        necessary to fulfill the research and development objectives of 
        such Act; and
            (2) offer for leasing for commercial exploration, 
        development, and production of oil shale resources under 
        subsection (e) of such section, public lands in States for 
        which the Secretary finds sufficient support and interest as 
        required by that subsection.

          CHAPTER 2--JUDICIAL REVIEW REGARDING ENERGY PROJECTS

SEC. 351. 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 subtitle or any 
other provision of law that arise from any covered energy project.

SEC. 352. TIME FOR FILING COMPLAINT.

    All causes and claims referred to in section 351 must 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. Any cause or claim not filed within that time 
period shall be barred.

SEC. 353. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.

    (a) In General.--All proceedings that are subject to section 351--
            (1) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause or claim is 
        filed; and
            (2) shall take precedence over all other pending matters 
        before the district court.
    (b) 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 described under this section, the cause or claim shall be 
dismissed with prejudice and all rights relating to such cause or claim 
shall be terminated.

SEC. 354. ABILITY TO SEEK APPELLATE REVIEW.

    An interlocutory or final judgment, decree, or order of the 
district court in a proceeding that is subject to section 351 may be 
reviewed by no other court except the Supreme Court.

SEC. 355. DEADLINE FOR APPEAL TO THE SUPREME COURT.

    If a writ of certiorari has been granted by the Supreme Court 
pursuant to section 354, then--
            (1) the interlocutory or final judgment, decree, or order 
        of the district court shall be resolved as expeditiously as 
        possible and in any event not more than 180 days after such 
        interlocutory or final judgment, decree, order of the district 
        court is issued; and
            (2) all such proceedings shall take precedence over all 
        other matters then before the Supreme Court.

SEC. 356. COVERED ENERGY PROJECT DEFINED.

    In this chapter, the term ``covered energy project'' means any 
action or decision by the President or a Federal official regarding--
            (1) the leasing of Federal lands (including submerged 
        lands) 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 lands for such 
        leasing; or
            (2) any action under such a lease.

SEC. 357. LIMITATION ON APPLICATION.

    This chapter shall not apply with respect to a covered energy 
project to the extent such application would be inconsistent with 
chapter 3.

                      CHAPTER 3--PERMITTING REFORM

SEC. 361. PURPOSES.

    The purposes of this chapter are to--
            (1) respond to the Nation's increased need for domestic 
        energy resources;
            (2) facilitate interagency coordination and cooperation in 
        the processing of permits required to support oil and gas use 
        authorization on Federal lands, both onshore and on the Outer 
        Continental Shelf, in order to achieve greater consistency, 
        certainty, and timeliness in permit processing requirements;
            (3) promote process streamlining and increased interagency 
        efficiency, including elimination of interagency duplication of 
        effort;
            (4) improve information sharing among agencies and 
        understanding of respective agency roles and responsibilities;
            (5) promote coordination with State agencies with expertise 
        and responsibilities related to Federal oil and gas permitting 
        decisions;
            (6) promote responsible stewardship of Federal oil and gas 
        resources;
            (7) maintain high standards of safety and environmental 
        protection; and
            (8) enhance the benefits to Federal permitting already 
        occurring as a result of a coordinated and timely interagency 
        process for oil and gas permit review for certain Federal oil 
        and gas leases.

SEC. 362. FEDERAL COORDINATOR.

    (a) Establishment.--There is established, as an independent agency 
in the Executive Branch, the Office of the Federal Oil and Gas Permit 
Coordinator.
    (b) Federal Permit Coordinator.--The Office shall be headed by a 
Federal Permit Coordinator, who shall be appointed by the President 
within 90 days after the date of enactment of this Act.
    (c) Duties.--The Federal Permit Coordinator shall be responsible 
for the following:
            (1) Coordinating the timely completion of all permitting 
        activities by Federal agencies, and State agencies to the 
        maximum extent practicable, with respect to any oil and gas 
        project under a Federal lease issued pursuant to the mineral 
        leasing laws, either onshore or on the Outer Continental Shelf. 
        For purposes of this chapter only, such oil and gas projects 
        shall include oil shale projects under Federal oil shale 
        leases.
            (2) Ensuring the compliance of Federal agencies, and State 
        agencies to the extent they participate, with this chapter.

SEC. 363. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.

    (a) Regional Offices.--Within 90 days after the date of appointment 
of the Federal Permit Coordinator, the Secretary of the Interior 
(Secretary), in consultation with the Federal Permit Coordinator, shall 
establish regional offices to coordinate review of Federal permits for 
oil and gas projects on Federal lands onshore and on the Outer 
Continental Shelf.
    (b) Number and Location of Regional Offices.--The number of 
regional offices shall be established by the Secretary in consultation 
with the Federal Permit Coordinator. The Secretary shall ensure that 
there is an adequate number of offices in each region proximate to 
available Federal oil and gas lease tracts onshore and on the Outer 
Continental Shelf to meet the demands for expeditious permitting in 
that region. The Secretary shall designate as regional offices under 
this section all offices established under section 365 of the Energy 
Policy Act of 2005 (42 U.S.C. 15924).
    (c) Memorandum of Understanding.--Within 90 days after the 
appointment of the Federal Permit Coordinator, the Federal Permit 
Coordinator, the Secretary, the Secretary of Agriculture, the Secretary 
of Commerce, the Secretary of Homeland Security, the Administrator of 
the Environmental Protection Agency, the Secretary of Defense, and the 
head of any other Federal agency with responsibilities related to 
permitting of Federal oil and gas leases, shall enter into a memorandum 
of understanding (MOU) establishing respective duties and 
responsibilities for staffing the regional offices and accomplishing 
the objectives of this section.
    (d) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        signing of the MOU under subsection (c), all Federal signatory 
        agencies shall assign to each regional office the appropriate 
        employees with expertise in the oil and gas permitting issues 
        relating to that office, including, but not limited, with 
        respect to--
                    (A) consultation and preparation of biological 
                opinions under section 7 of the Endangered Species Act 
                of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.);
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) (NEPA);
                    (F) applications for permits to drill under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.); and
                    (G) exploration plans and development and 
                production plans under the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1331 et seq.).
            (2) Preference and incentives.--To the maximum extent 
        practicable, for purposes of this subsection, Federal agencies 
        shall give preference to employees volunteering for 
        reassignment to the regional offices, and shall offer 
        incentives to attract and retain regional office employees, 
        including, but not limited to, retaining contract employees, 
        rotational assignments, salary incentives of up to 120 percent 
        of an employee's existing salary immediately prior to 
        reassignment, or any combination of strategies.
    (e) Duties.--Each employee assigned under subsection (d) shall--
            (1) within 90 days after the date of assignment, report to 
        the regional office to which the employee is assigned;
            (2) be responsible for all issues relating to the 
        jurisdiction of the home office or agency of the employee; and
            (3) participate as part of the team working on proposed oil 
        and gas projects, planning, and environmental analyses.
    (f) Creation of and Delegation of Authority to Regional Permit 
Coordinators.--The Federal Permit Coordinator shall appoint a Regional 
Permit Coordinator to be located within each regional office 
established under this section, with full authority to act on behalf of 
the Federal Permit Coordinator.
    (g) Additional Personnel.--The Federal Permit Coordinator or 
Regional Permit Coordinators may at any time direct that any Federal 
agency party to the MOU under subsection (c) assign additional staff 
required to implement the duties of the regional offices.

SEC. 364. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.

    (a) Schedules for Timely Permit Decisionmaking.--Within 10 days 
after the date on which the Secretary receives any oil and gas permit 
application or amended application, the Secretary shall either notify 
the applicant that the application is complete or notify the applicant 
that information is missing and specify the information that is 
required to be submitted for the application to be complete. Within 30 
days after notifying a permit applicant that an application is 
complete, the Secretary, in consultation with the permit applicant as 
necessary, shall determine and inform the Regional Permit Coordinator 
responsible for that project area whether the proposed permit is a 
class I, class II, or class III permit. The Regional Permit Coordinator 
shall as soon as possible but in no event later than 30 days following 
the Secretary's determination establish a binding schedule to ensure 
the most expeditious possible review and processing of the requested 
permit, in accordance with this section.
    (b) Permit Classes and Schedules.--
            (1) Class i permits.--An oil and gas permit shall be 
        designated as a class I permit under this section if the 
        permitted activity is of a nature that would typically require 
        preparation of an environmental impact statement under NEPA to 
        inform the permitting decision. For such permits, the Regional 
        Permit Coordinator shall establish a schedule for timely 
        completion of all permit reviews and processing, not to exceed 
        30 months. The Regional Permit Coordinator shall make the 
        schedule publicly available within 10 days after the schedule 
        is established.
            (2) Class ii permits.--An oil and gas permit shall be 
        designated as a class II permit under this section if the 
        permitted activity is of a nature that would typically be found 
        not to significantly affect the quality of the human 
        environment under NEPA. For such permits, the Regional Permit 
        Coordinator shall establish the most expeditious schedule 
        possible for completion of all permit reviews and processing, 
        not to exceed 90 days. The Regional Permit Coordinator may 
        grant a one-time extension of that schedule, not to exceed 60 
        days, upon a good cause showing that additional time is 
        necessary to complete permit decisions. Not later than 15 days 
        after establishing or extending any schedule for a class II 
        permit, the Regional Permit Coordinator shall provide the 
        permit applicant with the schedule.
            (3) Class iii permits.--Notwithstanding paragraphs (1) and 
        (2), an oil and gas permit shall be designated as a class III 
        permit under this section if the permitted activity either 
        qualifies for a statutory or regulatory categorical exclusion 
        under NEPA or if the requirements under NEPA and other 
        applicable law for the permit have been completed within 30 
        days after the date of a complete application. For such 
        permits, the permit shall be issued within 30 days after the 
        date of a complete application.
            (4) Reclassification of class ii permit.--If prior to the 
        expiration of the established schedule for a class II permit 
        newly discovered information indicates that the class II permit 
        will significantly affect the quality of the human environment, 
        the Secretary may, in consultation with the permit applicant, 
        reclassify the permit as a class I permit under paragraph (1), 
        and the Regional Coordinator shall establish an amended 
        schedule that complies with the provisions of that paragraph.
    (c) Reporting.--The Regional Permit Coordinators shall include data 
on all schedule timing and compliance in their reports to the Federal 
Permit Coordinator required under subsection (i), who shall include 
such data in the report to the President and Congress required under 
subsection (i).
    (d) Dispute Resolution.--The Regional Permit Coordinator shall 
resolve all administrative issues that affect oil and gas permit 
reviews. The Regional Permit Coordinator shall report jointly to the 
Federal Permit Coordinator and to the head of the relevant action 
agency, or his or her designee, for resolution of any issue regarding 
an oil and gas permit that may result in missing the schedule deadlines 
established pursuant to subsection (b). The Regional Permit 
Coordinators shall include data regarding the incidence and resolution 
of disputes under this subsection in their reports to the Federal 
Permit Coordinator required under subsection (i), who shall include 
such reported data and develop recommendations in the report to the 
President and Congress required under subsection (i).
    (e) Remedies.--An applicant for a class I permit may bring a cause 
of action to seek expedited mandamus review, if a Regional Permit 
Coordinator or the Secretary fails to--
            (1) establish a schedule in accordance with subsection (b);
            (2) enforce and ensure completion of reviews within 
        schedule deadlines; or
            (3) take all actions as are necessary and proper to avoid 
        jeopardizing the timely completion of the entire schedule.
If an agency fails to complete its review of and issue a decision upon 
a permit within the schedule established by the Court, that permit 
shall be deemed granted to the applicant.
    (f) Prohibition of Certain Terms and Conditions.--No Federal agency 
may include in any permit, right-of-way, or other authorization issued 
for an oil and gas project subject to the provisions of this chapter, 
any term or condition that may be authorized, but is not required, by 
the provisions of any applicable law, if the Federal Permit Coordinator 
determines that such term or condition would prevent or impair in any 
significant respect completion of a permit review within the time 
schedule established pursuant to subsection (b) or would otherwise 
impair in any significant respect expeditious oil and gas development. 
The Federal Permit Coordinator shall not have any authority to impose 
any terms, conditions, or requirements beyond those imposed by any 
Federal law, agency, regulation, or lease term.
    (g) Consolidated Record.--The Federal Permit Coordinator, acting 
through the appropriate Regional Permit Coordinator, with the 
cooperation of Federal and State administrative officials and agencies, 
shall maintain a complete, consolidated record of all decisions made or 
actions taken by the Federal Permit Coordinator or Regional Permit 
Coordinator or by any Federal agency with respect to any oil and gas 
permit.
    (h) Relationship to NEPA and Energy Policy Act of 2005.--
            (1) Section 390(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 15942(a)) is amended--
                    (A) by striking ``rebuttable presumption that the 
                use of a''; and
                    (B) by striking ``would apply''.
            (2) Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
        226(p)) is repealed.
    (i) Additional Powers and Responsibilities.--
            (1) Regional permit coordinator reports.--The Regional 
        Permit Coordinators shall each submit a report to the Federal 
        Permit Coordinator by December 31 of each year that documents 
        each office's performance in meeting the objectives under this 
        chapter, including recommendations to further streamline the 
        permitting process.
            (2) Redirection of priorities or resources.--In order to 
        expedite overall permitting activity, the Federal Permit 
        Coordinator may redirect the priority of regional office 
        activities or the allocation of resources among such offices, 
        and shall engage the agencies that are parties to the MOU to 
        the extent such adjustments implicate their respective staffs 
        or resources.
            (3) Report to congress.--Beginning three years after the 
        date of enactment of this Act, the Federal Permit Coordinator 
        shall prepare and submit a report to the President and Congress 
        by April 15 of each year that outlines the results achieved 
        under this chapter and makes recommendations to the President 
        and Congress for further improvements in processing oil and gas 
        permits on Federal lands.

SEC. 365. STATE COORDINATION.

    The Governor of any State wherein an oil and gas operation may 
require a Federal permit, or the coastline of which is in immediate 
geographic proximity to oil and gas operations on the Outer Continental 
Shelf, may be a signatory to the MOU for purposes of fulfilling any 
State responsibilities with respect to Federal oil and gas permitting 
decisions. The Regional Permit Coordinators shall facilitate and 
coordinate concurrent State reviews of requested permits for oil and 
gas projects on the Outer Continental Shelf.

SEC. 366. SAVINGS PROVISION.

    Except as expressly stated, nothing in this chapter affects--
            (1) the applicability of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency the employees of which are participating in the 
        implementation of this section.

SEC. 367. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Any oil and gas permitting decision for 
Federal lands onshore or on the Outer Continental Shelf that was issued 
in accordance with the procedures established by this chapter shall not 
be subject to further administrative review within the respective 
Federal agency responsible for that decision, and shall be the final 
decision of that agency for purposes of judicial review.
    (b) Exclusive Jurisdiction Over Permit Decisions.--Only the United 
States District Court for the District of Columbia shall have original 
jurisdiction over any civil action for the review of such a permit 
decision.
    (c) Limitations on Claims.--Notwithstanding any other provision of 
law, any action arising under Federal law seeking judicial review of a 
permit, license, or approval issued by a Federal agency for an oil and 
gas permit subject to this chapter shall be barred unless it is filed 
within 90 days of the date of the decision. Nothing in this chapter 
shall create a right to judicial review or places any limit on filing a 
claim that a person has violated the terms of a permit, license, or 
approval.
    (d) Filing of Record.--When any civil action is brought pursuant to 
this chapter, the Federal Permit Coordinator shall immediately prepare 
for the court a consolidated record.
    (e) Expedited Review.--Any action for judicial review challenging a 
decision approved pursuant to this section shall be set for 
consideration by not later than 90 days after the date the action is 
filed.
    (f) Expedited Mandamus Review.--Notwithstanding subsection (e), 
within 30 days after the filing of an action challenging or seeking to 
enforce an established permit review schedule for a class I permit, the 
court shall issue a decision either compelling permit issuance or 
sanctioning the delay and establishing a new schedule that enables the 
most expeditious possible completion of proceedings. In rendering its 
decision, the court shall review whether the agencies subject to the 
schedule have been acting in good faith, whether the permit applicant 
has been cooperating fully with the agencies that are responsible for 
issuing the requested permits, and any other relevant matters. The 
court may issue orders to enforce any schedule it establishes under 
this subsection.
    (g) No Private Right of Action.--This chapter shall not be 
construed to create any additional right, benefit, or trust 
responsibility, substantive or procedural, enforceable at law or 
equity, by a person against the United States, its agencies, its 
officers, or any person.
    (h) Finality of Leasing Decisions.--Notwithstanding the provisions 
of any law or regulation to the contrary, a decision by the Bureau of 
Land Management or the Minerals Management Service to issue a Final 
Notice of Sale and proceed with an oil and gas lease sale pursuant to 
any mineral leasing law shall not be subject to further administrative 
review within the Department of the Interior, and shall be the final 
decision of the agency for purposes of judicial review.

SEC. 368. AMENDMENTS TO PUBLICATION PROCESS.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) by amending subsection (c)(2) to read as follows:
            ``(2) The Secretary shall publish a proposed leasing 
        program in the Federal Register, and shall submit a copy of 
        such proposed program to the Governor of each affected State, 
        for review and comment. The Governor may solicit comments from 
        those executives of local governments in his State which he, in 
        his discretion, determines will be affected by the proposed 
        program.'';
            (2) by striking subsection (c)(3); and
            (3) in subsection (d)(2) by inserting ``final'' after 
        ``proposed''.

SEC. 369. REPEAL OF FEE FOR PERMITS TO DRILL.

    Public Law 110-161 is amended under the heading ``Bureau of Land 
Management--management of lands and resources'' (121 Stat. 2098) by 
striking ``to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $4,000 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application,''.

SEC. 370. ALASKA OFFSHORE CONTINENTAL SHELF COORDINATION OFFICE.

    (a) Establishment.--The Secretary of the Interior shall establish 
and maintain, in coordination with the Mayor of the North Slope Borough 
of Alaska, a separate office to be known as the Alaska Offshore 
Continental Shelf Coordination Office.
    (b) Purpose.--The purpose of the office shall be to--
            (1) coordinate the leasing of the Outer Continental Shelf 
        off the coast of Alaska;
            (2) advise persons awarded such leases on local conditions 
        and the history of areas affected by development of the oil and 
        gas resources of the Outer Continental Shelf off the coast of 
        Alaska;
            (3) provide to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate annual reports on the status of 
        the coordination between such and communities affected by such 
        development;
            (4) collect from residents of the North Slope of Alaska 
        information regarding the impacts of such development on marine 
        wildlife, coastal habitats, marine and coastal subsistence 
        resources, and the marine and coastal environment of Alaska's 
        North Slope region; and
            (5) ensure that the information collected under paragraph 
        (3) is submitted to--
                    (A) developers of such resources; and
                    (B) any appropriate Federal agency.

    Subtitle C--Relief From Regulations and Prohibitions That Cause 
                       Artificial Price Increases

   CHAPTER 1--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL 
                    PROHIBITIONS ON SYNTHETIC FUELS

SEC. 371. REPEAL OF EPA CLIMATE CHANGE REGULATION.

    (a) Greenhouse Gas Regulation Under Clean Air Act.--Section 302(g) 
of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the 
following at the end thereof: ``The term `air pollutant' shall not 
include carbon dioxide, water vapor, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.''.
    (b) No Regulation of Climate Change.--Nothing in the Clean Air Act 
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.), shall be treated as authorizing or requiring the regulation of 
climate change or global warming.

SEC. 372. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING 
              REQUIREMENT.

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

                       CHAPTER 2--REFINERY REFORM

SEC. 381. REFINERY PERMITTING PROCESS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Expansion.--The term ``expansion'' means a physical 
        change that results in an increase in the capacity of a 
        refinery.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Permit.--The term ``permit'' means any permit, license, 
        approval, variance, or other form of authorization that a 
        refiner is required to obtain--
                    (A) under any Federal law; or
                    (B) from a State or Indian tribal government agency 
                delegated authority by the Federal Government, or 
                authorized under Federal law, to issue permits.
            (5) Refiner.--The term ``refiner'' means a person that--
                    (A) owns or operates a refinery; or
                    (B) seeks to become an owner or operator of a 
                refinery.
            (6) Refinery.--
                    (A) In general.--The term ``refinery'' means--
                            (i) a facility at which crude oil is 
                        refined into transportation fuel or other 
                        petroleum products; and
                            (ii) a coal liquification or coal-to-liquid 
                        facility at which coal is processed into 
                        synthetic crude oil or any other fuel.
                    (B) Inclusions.--The term ``refinery'' includes an 
                expansion of a refinery.
            (7) Refinery permitting agreement.--The term ``refinery 
        permitting agreement'' means an agreement entered into between 
        the Administrator and a State or Indian tribe under subsection 
        (b).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
    (b) Streamlining of Refinery Permitting Process.--
            (1) In general.--At the request of the Governor of a State 
        or the governing body of an Indian tribe, the Administrator 
        shall enter into a refinery permitting agreement with the State 
        or Indian tribe under which the process for obtaining all 
        permits necessary for the construction and operation of a 
        refinery shall be streamlined using a systematic 
        interdisciplinary multimedia approach as provided in this 
        section.
            (2) Authority of administrator.--Under a refinery 
        permitting agreement the Administrator shall have authority, as 
        applicable and necessary, to--
                    (A) accept from a refiner a consolidated 
                application for all permits that the refiner is 
                required to obtain to construct and operate a refinery;
                    (B) in consultation and cooperation with each 
                Federal, State, or Indian tribal government agency that 
                is required to make any determination to authorize the 
                issuance of a permit, establish a schedule under which 
                each agency shall--
                            (i) concurrently consider, to the maximum 
                        extent practicable, each determination to be 
                        made; and
                            (ii) complete each step in the permitting 
                        process; and
                    (C) issue a consolidated permit that combines all 
                permits issued under the schedule established under 
                subparagraph (B).
            (3) Agreement by the state.--Under a refinery permitting 
        agreement, a State or governing body of an Indian tribe shall 
        agree that--
                    (A) the Administrator shall have each of the 
                authorities described in paragraph (2); and
                    (B) each State or Indian tribal government agency 
                shall--
                            (i) in accordance with State law, make such 
                        structural and operational changes in the 
                        agencies as are necessary to enable the 
                        agencies to carry out consolidated project-wide 
                        permit reviews concurrently and in coordination 
                        with the Environmental Protection Agency and 
                        other Federal agencies; and
                            (ii) comply, to the maximum extent 
                        practicable, with the applicable schedule 
                        established under paragraph (2)(B).
            (4) Deadlines.--
                    (A) New refineries.--In the case of a consolidated 
                permit for the construction of a new refinery, the 
                Administrator and the State or governing body of an 
                Indian tribe shall approve or disapprove the 
                consolidated permit not later than--
                            (i) 360 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 90 days after the 
                        expiration of the deadline established under 
                        clause (i).
                    (B) Expansion of existing refineries.--In the case 
                of a consolidated permit for the expansion of an 
                existing refinery, the Administrator and the State or 
                governing body of an Indian tribe shall approve or 
                disapprove the consolidated permit not later than--
                            (i) 120 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 30 days after the 
                        expiration of the deadline established under 
                        clause (i).
            (5) Federal agencies.--Each Federal agency that is required 
        to make any determination to authorize the issuance of a permit 
        shall comply with the applicable schedule established under 
        paragraph (2)(B).
            (6) Judicial review.--Any civil action for review of any 
        permit determination under a refinery permitting agreement 
        shall be brought exclusively in the United States district 
        court for the district in which the refinery is located or 
        proposed to be located.
            (7) Efficient permit review.--In order to reduce the 
        duplication of procedures, the Administrator shall use State 
        permitting and monitoring procedures to satisfy substantially 
        equivalent Federal requirements under this chapter.
            (8) Severability.--If 1 or more permits that are required 
        for the construction or operation of a refinery are not 
        approved on or before any deadline established under paragraph 
        (4), the Administrator may issue a consolidated permit that 
        combines all other permits that the refiner is required to 
        obtain other than any permits that are not approved.
            (9) Savings.--Nothing in this subsection affects the 
        operation or implementation of otherwise applicable law 
        regarding permits necessary for the construction and operation 
        of a refinery.
            (10) Consultation with local governments.--Congress 
        encourages the Administrator, States, and tribal governments to 
        consult, to the maximum extent practicable, with local 
        governments in carrying out this subsection.
            (11) Effect on local authority.--Nothing in this subsection 
        affects--
                    (A) the authority of a local government with 
                respect to the issuance of permits; or
                    (B) any requirement or ordinance of a local 
                government (such as a zoning regulation).
    (c) Fischer-Tropsch Fuels.--
            (1) In general.--In cooperation with the Secretary of 
        Energy, the Secretary of Defense, the Administrator of the 
        Federal Aviation Administration, Secretary of Health and Human 
        Services, and Fischer-Tropsch industry representatives, the 
        Administrator shall--
                    (A) conduct a research and demonstration program to 
                evaluate the air quality benefits of ultra-clean 
                Fischer-Tropsch transportation fuel, including diesel 
                and jet fuel;
                    (B) evaluate the use of ultra-clean Fischer-Tropsch 
                transportation fuel as a mechanism for reducing engine 
                exhaust emissions; and
                    (C) submit recommendations to Congress on the most 
                effective use and associated benefits of these ultra-
                clean fuel for reducing public exposure to exhaust 
                emissions.
            (2) Guidance and technical support.--The Administrator 
        shall, to the extent necessary, issue any guidance or technical 
        support documents that would facilitate the effective use and 
        associated benefit of Fischer-Tropsch fuel and blends.
            (3) Requirements.--The program described in paragraph (1) 
        shall consider--
                    (A) the use of neat (100 percent) Fischer-Tropsch 
                fuel and blends with conventional crude oil-derived 
                fuel for heavy-duty and light-duty diesel engines and 
                the aviation sector; and
                    (B) the production costs associated with domestic 
                production of those ultra-clean fuel and prices for 
                consumers.
            (4) Reports.--The Administrator shall submit to the 
        Committee on Environment and Public Works and the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives--
                    (A) not later than 1 year after the date of 
                enactment of this Act, an interim report on actions 
                taken to carry out this subsection; and
                    (B) not later than 2 years after the date of 
                enactment of this Act, a final report on actions taken 
                to carry out this subsection.

SEC. 382. EXISTING REFINERY PERMIT APPLICATION DEADLINE.

    Notwithstanding any other provision of law, applications for a 
permit for existing refinery applications shall not be considered to be 
timely if submitted after 120 days after the date of enactment of this 
Act.

    Subtitle D--Extension of Certain Outer Continental Shelf Leases

SEC. 391. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.

    (a) Definition of Covered Lease.--In this section, the term 
``covered lease'' means each oil and gas lease for the Gulf of Mexico 
outer Continental Shelf region issued under section 8 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337) that was--
            (1) not producing as of April 30, 2010; or
            (2) suspended from operations, permit processing, or 
        consideration, in accordance with the moratorium set forth in 
        the Minerals Management Service Notice to Lessees and Operators 
        No. 2010-N04, dated May 30, 2010, or the decision memorandum of 
        the Secretary of the Interior entitled ``Decision memorandum 
        regarding the suspension of certain offshore permitting and 
        drilling activities on the Outer Continental Shelf'' and dated 
        July 12, 2010.
    (b) Extension of Covered Leases.--The Secretary of the Interior 
shall extend the term of a covered lease by 1 year.
    (c) Effect on Suspensions of Operations or Production.--The 
extension of covered leases under this section is in addition to any 
suspension of operations or suspension of production granted by the 
Minerals Management Service or Bureau of Ocean Energy Management, 
Regulation and Enforcement after May 1, 2010.

          Subtitle E--Approval of Keystone XL Pipeline Project

SEC. 395. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

    (a) Approval of Cross-Border Facilities.--
            (1) In general.--In accordance with section 8 of article 1 
        of the Constitution (delegating to Congress the power to 
        regulate commerce with foreign nations), TransCanada Keystone 
        Pipeline, L.P. is authorized to construct, connect, operate, 
        and maintain pipeline facilities, subject to subsection (c), 
        for the import of crude oil and other hydrocarbons at the 
        United States-Canada Border at Phillips County, Montana, in 
        accordance with the application filed with the Department of 
        State on September 19, 2008 (as supplemented and amended).
            (2) Permit.--Notwithstanding any other provision of law, no 
        permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or 
        any other similar Executive Order regulating construction, 
        connection, operation, or maintenance of facilities at the 
        borders of the United States, and no additional environmental 
        impact statement, shall be required for TransCanada Keystone 
        Pipeline, L.P. to construct, connect, operate, and maintain the 
        facilities described in paragraph (1).
    (b) Construction and Operation of Keystone XL Pipeline in United 
States.--
            (1) In general.--The final environmental impact statement 
        issued by the Department of State on August 26, 2011, shall be 
        considered to satisfy all requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        any other provision of law that requires Federal agency 
        consultation or review with respect to the cross-border 
        facilities described in subsection (a)(1) and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended).
            (2) Permits.--Any Federal permit or authorization issued 
        before the date of enactment of this Act for the cross-border 
        facilities described in subsection (a)(1), and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended), shall remain in effect.
    (c) Conditions.--In constructing, connecting, operating, and 
maintaining the cross-border facilities described in subsection (a)(1) 
and related facilities in the United States described in the 
application filed with the Department of State on September 19, 2008 
(as supplemented and amended), TransCanada Keystone Pipeline, L.P. 
shall comply with the following conditions:
            (1) TransCanada Keystone Pipeline, L.P. shall comply with 
        all applicable Federal and State laws (including regulations) 
        and all applicable industrial codes regarding the construction, 
        connection, operation, and maintenance of the facilities.
            (2) Except as provided in subsection (a)(2), TransCanada 
        Keystone Pipeline, L.P. shall comply with all requisite permits 
        from Canadian authorities and applicable Federal, State, and 
        local government agencies in the United States.
            (3) TransCanada Keystone Pipeline, L.P. shall take all 
        appropriate measures to prevent or mitigate any adverse 
        environmental impact or disruption of historic properties in 
        connection with the construction, connection, operation, and 
        maintenance of the facilities.
            (4) The construction, connection, operation, and 
        maintenance of the facilities shall be--
                    (A) in all material respects, similar to that 
                described in--
                            (i) the application filed with the 
                        Department of State on September 19, 2008 (as 
                        supplemented and amended); and
                            (ii) the final environmental impact 
                        statement described in subsection (b)(1); and
                    (B) carried out in accordance with--
                            (i) the construction, mitigation, and 
                        reclamation measures agreed to for the project 
                        in the construction mitigation and reclamation 
                        plan contained in appendix B of the final 
                        environmental impact statement described in 
                        subsection (b)(1);
                            (ii) the special conditions agreed to 
                        between the owners and operators of the project 
                        and the Administrator of the Pipeline and 
                        Hazardous Materials Safety Administration of 
                        the Department of Transportation, as contained 
                        in appendix U of the final environmental impact 
                        statement;
                            (iii) the measures identified in appendix H 
                        of the final environmental impact statement, if 
                        the modified route submitted by the State of 
                        Nebraska to the Secretary of State crosses the 
                        Sand Hills region; and
                            (iv) the stipulations identified in 
                        appendix S of the final environmental impact 
                        statement.
    (d) Route in Nebraska.--
            (1) In general.--Any route and construction, mitigation, 
        and reclamation measures for the project in the State of 
        Nebraska that is identified by the State of Nebraska and 
        submitted to the Secretary of State under this section is 
        considered sufficient for the purposes of this section.
            (2) Prohibition.--Construction of the facilities in the 
        United States described in the application filed with the 
        Department of State on September 19, 2008 (as supplemented and 
        amended), shall not commence in the State of Nebraska until the 
        date on which the Secretary of State receives a route for the 
        project in the State of Nebraska that is identified by the 
        State of Nebraska.
            (3) Receipt.--On the date of receipt of the route described 
        in paragraph (1) by the Secretary of State, the route for the 
        project within the State of Nebraska under this section shall 
        supersede the route for the project in the State specified in 
        the application filed with the Department of State on September 
        19, 2008 (including supplements and amendments).
            (4) Cooperation.--Not later than 30 days after the date on 
        which the State of Nebraska submits a request to the Secretary 
        of State or any appropriate Federal official, the Secretary of 
        State or Federal official shall provide assistance that is 
        consistent with the law of the State of Nebraska.
    (e) Administration.--
            (1) In general.--Any action taken to carry out this section 
        (including the modification of any route under subsection (d)) 
        shall not constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) State siting authority.--Nothing in this section alters 
        any provision of State law relating to the siting of pipelines.
            (3) Private property.--Nothing in this section alters any 
        Federal, State, or local process or condition in effect on the 
        date of enactment of this Act that is necessary to secure 
        access from an owner of private property to construct the 
        project.
    (f) Federal Judicial Review.--The cross-border facilities described 
in subsection (a)(1), and the related facilities in the United States 
described in the application filed with the Department of State on 
September 19, 2008 (as supplemented and amended), that are approved by 
this section, and any permit, right-of-way, or other action taken to 
construct or complete the project pursuant to Federal law, shall only 
be subject to judicial review on direct appeal to the United States 
Court of Appeals for the District of Columbia Circuit.
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