[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 361

 To amend the Internal Revenue Code of 1986 to provide tax relief for 
               small businesses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide tax relief for 
               small businesses, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
            TITLE I--JOB TRAINING AND WORKFORCE DEVELOPMENT

Sec. 101. Manufacturing Job Training National Program.
Sec. 102. Workforce development and economic assistance to BRAC 
                            communities.
Sec. 103. Department of Labor Efficiency Report.
      TITLE II--DEEP OFFSHORE WIND ENERGY RESEARCH, DEVELOPMENT, 
               DEMONSTRATION, AND COMMERCIAL APPLICATION

Sec. 201. Definitions.
Sec. 202. Offshore wind energy research and deployment program.
Sec. 203. National offshore wind energy research, development, and 
                            demonstration centers.
Sec. 204. Authorization of appropriations.
                  TITLE III--SMALL BUSINESS TAX RELIEF

Sec. 301. Temporary employer payroll tax cut.
Sec. 302. 15-year straight-line cost recovery for qualified leasehold 
                            improvements, qualified restaurant 
                            buildings and improvements, qualified 
                            retail improvements, and other 
                            nonresidential real property and 
                            residential rental property.
Sec. 303. Repeal of sunset on increased limitations on, and on 
                            expansion of, small business expensing.
Sec. 304. Repeal of expansion of information reporting requirements.
Sec. 305. Extension and modification of research credit.
                      TITLE IV--REGULATORY REFORM

Sec. 401. Regulatory reform.
Sec. 402. Reduction or waiver of civil penalties imposed on small 
                            entities.
           TITLE V--INTERSTATE HIGHWAY VEHICLE WEIGHT LIMITS

Sec. 501. Interstate highway vehicle weight limits in Maine and 
                            Vermont.
                   TITLE VI--ETHANOL SUBSIDIES REPEAL

Sec. 601. Elimination of tax subsidies for ethanol fuel.
Sec. 602. Removal of tariffs on ethanol.
                    TITLE VII--SPENDING LIMITATIONS

Sec. 701. Discretionary spending limits.
Sec. 702. Adjusted gross income limitation for recipients of farm 
                            subsidies.

            TITLE I--JOB TRAINING AND WORKFORCE DEVELOPMENT

SEC. 101. MANUFACTURING JOB TRAINING NATIONAL PROGRAM.

    (a) Program.--Subtitle D of title I of the Workforce Investment Act 
of 1998 is amended by inserting after section 173A (29 U.S.C. 2918a) 
the following:

``SEC. 173B. MANUFACTURING JOB TRAINING NATIONAL PROGRAM.

    ``(a) Purpose.--The purpose of this section is to support programs 
of employment and training activities for manufacturing-related jobs, 
in order--
            ``(1) to enable participants to develop skills that are 
        readily applicable to manufacturing;
            ``(2) to develop a workforce with the skills necessary to 
        obtain employment;
            ``(3) to make such participants more competitive in the 
        workforce;
            ``(4) to encourage individuals to develop skills and 
        continue to advance professionally within manufacturing fields; 
        and
            ``(5) to ensure that programs of employment and training 
        activities are meeting the needs of the manufacturers.
    ``(b) National Program Authorized.--
            ``(1) Program.--The Secretary shall establish a 
        Manufacturing Job Training National Program.
            ``(2) Grants.--
                    ``(A) In general.--The Secretary shall make grants 
                through the Program, on a competitive basis, to 
                eligible entities.
                    ``(B) Planning and development grants.--The 
                Secretary shall make such grants, for periods of 1 
                year, to enable the entities to plan and develop 
                programs described in subsection (f)(1).
                    ``(C) Implementation grants.--The Secretary shall 
                make such grants, for periods of not less than 1 and 
                not more than 3 years, to implement programs described 
                in subsection (f)(2).
    ``(c) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a Governor, a State agency with 
responsibility for labor programs, or a State designated agency 
described in section 122(i).
    ``(d) Program Plan.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an entity shall submit a program plan to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require, including a strategy 
        for meeting the needs of workers to develop skills for 
        manufacturing-related jobs.
            ``(2) Contents.--Such plan shall--
                    ``(A) be consistent with the purpose described in 
                subsection (a);
                    ``(B) be written in conjunction with local 
                manufacturers, economic development agencies, 
                community-based organizations, institutions of higher 
                education (as defined in section 102 of the Higher 
                Education Act of 1965 (20 U.S.C. 1002)), labor 
                organizations, or other relevant parties or 
                individuals;
                    ``(C) identify the population to be served;
                    ``(D) identify the education and employment needs 
                of the population to be served and the manner in which 
                the activities to be provided will strengthen the 
                ability of the individuals served to obtain or retain 
                employment;
                    ``(E) describe the activities to be provided; and
                    ``(F) describe performance measures for the 
                program.
    ``(e) Priority.--In making the grants, the Secretary shall give 
priority consideration to entities proposing programs to develop skills 
for manufacturing jobs as shipbuilders, ship fitters, welders, 
electricians, fabricators, pipe fitters, machinists, mechanics, metals 
inspectors, electrical engineers, or chemical engineers, in pulp and 
paper science disciplines, or in related fields.
    ``(f) Authorized Activities.--
            ``(1) Planning and development.--An entity that receives a 
        grant under subsection (b)(2)(B) may use the funds made 
        available through the grant to plan and develop a new program 
        of employment and training activities that targets the specific 
        needs of a manufacturer.
            ``(2) Program implementation.--An entity that receives a 
        grant under subsection (b)(2)(C) may use the funds made 
        available through the grant to implement a program of 
        employment and training activities that targets the specific 
        needs of a manufacturer.''.
    (b) Authorization of Appropriations.--Section 174 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2919) is amended by adding at the end 
the following:
    ``(d) Manufacturing Job Training.--There is authorized to be 
appropriated to carry out section 173B $80,000,000 for each of fiscal 
years 2012 through 2016.''.

SEC. 102. WORKFORCE DEVELOPMENT AND ECONOMIC ASSISTANCE TO BRAC 
              COMMUNITIES.

    (a) Workforce Development Amendments.--
            (1) In general.--Section 202 of the Public Works and 
        Economic Development Act of 1965 (42 U.S.C. 3142) is amended--
                    (A) by striking ``Notwithstanding any other 
                provision'' and inserting the following:
    ``(c) No Requirement of Title.--Notwithstanding any other 
provision''; and
                    (B) by inserting before subsection (c) (as 
                redesignated by subparagraph (A)) the following:
    ``(a) Definitions.--In this section:
            ``(1) BRAC 2005.--The term `BRAC 2005' means the base 
        realignment and closure activities established by the Secretary 
        of Defense in 2005.
            ``(2) BRAC eligible recipient.--The term `BRAC eligible 
        recipient' means an eligible recipient that is affected by BRAC 
        2005.
            ``(3) Report.--The term `report' means the report of the 
        2005 Defense Base Closure and Realignment entitled `2005 
        Defense Base Closure and Realignment Commission Report' and 
        dated September 8, 2005.
    ``(b) Assistance to Eligible Recipients Affected by BRAC.--
            ``(1) In general.--The Secretary shall provide to BRAC 
        eligible recipients not less than 25 percent of any amounts 
        made available for grants under this title that are projected 
        to experience a net loss of jobs as a result of BRAC 2005, as 
        determined in the report.
            ``(2) Criteria for grant.--To receive a grant under this 
        title, a BRAC eligible recipient described in paragraph (1) 
        shall comply with all requirements described in this title.
            ``(3) Priority.--
                    ``(A) In general.--In making grants available to a 
                BRAC eligible recipient under this section, the 
                Secretary shall give priority to a BRAC eligible 
                recipient that, as determined in the report, is 
                projected to experience--
                            ``(i) at least 2,000 direct job losses; or
                            ``(ii) at least 3,000 indirect job losses.
                    ``(B) Additional priority.--The Secretary shall 
                give additional priority to any BRAC eligible recipient 
                that, as determined in the report, is projected to 
                experience--
                            ``(i) at least 2,000 direct job losses; and
                            ``(ii) at least 3,000 indirect job losses.
            ``(4) Review.--In making grants available to BRAC eligible 
        recipients under this section, the Secretary, in conjunction 
        with the Secretary of Labor, shall review each grant provided 
        to BRAC eligible recipients under this title to ensure that the 
        BRAC eligible recipients are receiving the most appropriate 
        grants and services under this Act.''.

SEC. 103. DEPARTMENT OF LABOR EFFICIENCY REPORT.

    (a) Reviews.--
            (1) Department of labor job training programs.--The 
        Secretary shall review job training programs carried out or 
        supported by the Department of Labor, and identify ways to 
        increase efficiency and reduce duplicative and unnecessary 
        processes and activities in those programs. In particular, the 
        Secretary shall examine ways to reduce paperwork and 
        bureaucratic restrictions with respect to those programs.
            (2) Job training programs generally.--In addition, the 
        Secretary shall review and identify ways in which the Secretary 
        can provide financial assistance, in a cost-effective manner, 
        to workers to enable the workers to participate in short-term 
        job training programs.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Secretary shall prepare and submit to the appropriate 
committees of Congress a report that contains the results of the 
reviews described in subsection (a).

      TITLE II--DEEP OFFSHORE WIND ENERGY RESEARCH, DEVELOPMENT, 
               DEMONSTRATION, AND COMMERCIAL APPLICATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (2) National offshore wind center.--The term ``national 
        offshore wind center'' means a national offshore wind energy 
        research, development, and demonstration center established 
        under section 203(a).
            (3) Program.--The term ``program'' means a program--
                    (A) that includes activities (including the 
                awarding of grants) to support the research, 
                demonstration, and development of commercial 
                applications for deep offshore water wind energy; and
                    (B) to be carried out by the Secretary under 
                section 202(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 202. OFFSHORE WIND ENERGY RESEARCH AND DEPLOYMENT PROGRAM.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, in accordance with subsection (b), the Secretary shall 
carry out the program--
            (1) to carry out a research, development, and demonstration 
        program to facilitate the deployment of a wind energy program 
        in deep offshore waters of the United States;
            (2) to improve the energy efficiency, reliability, and 
        capacity of offshore wind turbines; and
            (3) to reduce the cost of manufacturing, construction, 
        deployment, generation, and maintenance of offshore wind energy 
        systems.
    (b) Program Requirements.--The Secretary shall carry out the 
program to support--
            (1) the design, demonstration, and deployment of advanced 
        wind turbine foundations and support structures, blades, 
        turbine systems, components, and supporting land- and water-
        based infrastructure for application in deep offshore water;
            (2) the full-scale testing and establishment of regional 
        demonstrations of deep offshore water wind components and 
        systems to validate technology and performance issues relating 
        to the components;
            (3) for inclusion in a publically accessible database, 
        assessments of the deep offshore water wind resources of the 
        United States, including--
                    (A) environmental impacts and benefits;
                    (B) siting and permitting issues;
                    (C) exclusion zones; and
                    (D) transmission needs;
            (4) the design, demonstration, and deployment of integrated 
        sensors, actuators, and advanced materials (including composite 
        materials);
            (5) advanced blade manufacturing activity (including 
        automation, materials, and the assembly of large-scale 
        components) to stimulate the development of the blade 
        manufacturing capacity of the United States;
            (6) methods to assess and mitigate the effects of wind 
        energy systems on marine ecosystems and marine industries; and
            (7) other research areas, as determined to be appropriate 
        by the Secretary.

SEC. 203. NATIONAL OFFSHORE WIND ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    (a) Duty of Secretary.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall award, on a competitive 
basis and with an emphasis on technical merit, grants to institutions 
of higher education to establish 1 or more national offshore wind 
centers.
    (b) Selection Criteria.--In selecting institutions of higher 
education under subsection (a), the Secretary shall give preference to 
institutions of higher education that--
            (1) agree to cover transitional depth and deep offshore 
        water technologies to complement the activities of a national 
        offshore wind center;
            (2) agree to host an offshore wind energy research and 
        development program funded by the Department of Energy in 
        coordination with an engineering program of the institution of 
        higher education;
            (3) employ individuals who have proven expertise relating 
        to the development of novel materials for commercial 
        applications; and
            (4) have access to, and use the resources of--
                    (A) the Atlantic Ocean;
                    (B) the Gulf of Mexico; or
                    (C) the Pacific Ocean.
    (c) Requirements.--A national offshore wind center established with 
funds provided by the Secretary through a grant under subsection (a) 
shall be designed--
            (1) to focus on deepwater floating offshore wind energy 
        technologies; and
            (2) to facilitate the conduct of initiatives to advance 1 
        or more activities described in section 202(b).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this title--
            (1) $50,000,000 for each of fiscal years 2012 through 2016; 
        and
            (2) such sums as are necessary for each of fiscal years 
        2017 through 2021.

                  TITLE III--SMALL BUSINESS TAX RELIEF

SEC. 301. TEMPORARY EMPLOYER PAYROLL TAX CUT.

    (a) In General.--
            (1) Employers.--Section 601(a) of the Tax Relief, 
        Unemployment Insurance Reauthorization, and Job Creation Act of 
        2010 is amended by striking ``and'' at the end of paragraph 
        (1), by striking the period at the end of paragraph (2), and by 
        adding at the end the following new paragraph:
            ``(3) with respect to wages paid during the payroll tax 
        holiday period not to exceed $50,000 for each employee, the 
        rate of tax under 3111(a) of such Code shall be 4.2 percent 
        (including for purposes of determining the applicable 
        percentage under sections 3221(a) of such Code).''.
            (2) Self-employed individuals.--Section 601(a)(1) of such 
        Act is amended by inserting ``(8.40 percent in the case of 
        self-employment income not to exceed $50,000)'' after ``10.40 
        percent''.
    (b) Conforming Amendments.--
            (1) Section 601 of the Tax Relief, Unemployment Insurance 
        Reauthorization, and Job Creation Act of 2010 is amended by 
        striking subsection (b).
            (2) Section 601(e)(2) of such Act is amended by striking 
        ``subsection (a)(2)'' and inserting ``paragraphs (2) and (3) of 
        subsection (a)''.
            (3) The headings for title VI and section 601 of such Act 
        are each amended by striking ``employee''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to wages paid and self-employment income earned after 
        December 31, 2010.
            (2) Special transition rule.--
                    (A) Nonapplication of reduction during first 
                quarter.--The amendments made by subsection (a)(1) 
                shall not apply with respect to wages paid during the 
                first calendar quarter of 2011.
                    (B) Crediting of first quarter exemption during 
                second quarter.--The amount by which the tax imposed 
                under sections 3111(a) and 3221(a) of the Internal 
                Revenue Code of 1986 would (but for the application of 
                subparagraph (A)) have been reduced with respect to 
                wages paid by an employer during the first calendar 
                quarter of 2011 shall be treated as a payment against 
                the tax imposed under section 3111(a) of such Code or 
                section 3121(a) of such Code, as the case may be, with 
                respect to the employer for the second calendar quarter 
                of 2011 which is made on the date that such tax is due.

SEC. 302. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED LEASEHOLD 
              IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS AND 
              IMPROVEMENTS, QUALIFIED RETAIL IMPROVEMENTS, AND OTHER 
              NONRESIDENTIAL REAL PROPERTY AND RESIDENTIAL RENTAL 
              PROPERTY.

    (a) Qualified Leasehold Improvements, Qualified Restaurant 
Buildings and Improvements, and Qualified Retail Improvements.--
Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 
1986, as amended by the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010, is amended--
            (1) by striking ``placed in service before January 1, 
        2012'' in clauses (iv) and (v), and
            (2) by striking ``placed in service after December 31, 
        2008, and before January 1, 2012'' in clause (ix).
    (b) Other Nonresidential Real Property and Residential Rental 
Property.--
            (1) In general.--Subparagraph (E) of section 168(e)(3) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``and'' at the end of clause (viii), by striking the period at 
        the end of clause (ix) and inserting ``, and,'', and by adding 
        at the end the following new clause:
                            ``(x) any nonresidential real property or 
                        residential rental property not otherwise 
                        described in any preceding clause of this 
                        subparagraph placed in service after December 
                        31, 2011.''.
            (2) Conforming amendments.--
                    (A) The table contained in section 168(c) of the 
                Internal Revenue Code of 1986 is amended by striking 
                the items relating to residential rental property and 
                nonresidential real property.
                    (B) Subparagraph (B) of section 168(e)(2) of such 
                Code is amended by striking ``which is not'' and all 
                that follows and inserting ``which is not residential 
                rental property''.
                    (C) The table contained in section 168(j)(2) of 
                such Code is amended by striking the last item.
                    (D) The table contained in section 467(e)(3)(A) of 
                such Code is amended by striking the next to last item.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2011.

SEC. 303. REPEAL OF SUNSET ON INCREASED LIMITATIONS ON, AND ON 
              EXPANSION OF, SMALL BUSINESS EXPENSING.

    (a) Repeal of Sunset on Increased Limitations.--
            (1) In general.--Paragraph (1) of section 179(b) of the 
        Internal Revenue Code of 1986, as amended by the Tax Relief, 
        Unemployment Insurance Reauthorization, and Job Creation Act of 
        2010, is amended by striking ``shall not exceed--'' and all 
        that follows and inserting ``shall not exceed $125,000.''.
            (2) Reduction in limitation.--Paragraph (2) of section 
        179(b) of such Code, as so amended, is amended by striking 
        ``exceeds--'' and all that follows and inserting ``exceeds 
        $500,000.''.
            (3) Conforming amendment.--Subsection (b) of section 179 of 
        such Code, as so amended, is amended by striking paragraph (6).
            (4) Computer software.--Clause (ii) of section 179(d)(1)(A) 
        of such Code, as so amended, is amended by striking ``and 
        before 2013''.
            (5) Revocation of election.--Paragraph (2) of section 
        179(c) of such Code, as so amended, is amended to read as 
        follows:
            ``(2) Revocation of election.--Any election made under this 
        section, and any specification contained in any such election, 
        may be revoked by the taxpayer with respect to any property, 
        and such revocation, once made, shall be irrevocable.''.
    (b) Repeal of Sunset on Expansion.--Subsection (f) of section 179 
of such Code, as so amended, is amended--
            (1) by striking ``beginning in 2010 or 2011'' in paragraph 
        (1), and
            (2) by striking paragraph (4) and inserting the following 
        new paragraph:
            ``(4) Carryover limitation.--For purposes of applying 
        subsection (b)(3)(B) to any taxable year, the amount which is 
        disallowed under subsection (b)(3)(A) for such taxable year 
        which is attributed to qualified real property shall be the 
        amount which bears the same ratio to the total amount so 
        disallowed as--
                    ``(A) the aggregate amount attributable to 
                qualified real property placed in service during such 
                taxable year, increased by the portion of any amount 
                carried over to such taxable year from a prior taxable 
                year which is attributable to such property, bears to
                    ``(B) the total amount of section 179 property 
                placed in service during such taxable year, increased 
                by the aggregate amount carried over to such taxable 
                year from any prior taxable year.
        For purposes of the preceding sentence, only section 179 
        property with respect to which an election was made under 
        subsection (c)(1) shall be taken into account.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 304. REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS.

    (a) Repeal of Payments for Property and Other Gross Proceeds.--
Subsection (b) of section 9006 of the Patient Protection and Affordable 
Care Act, and the amendments made thereby, are hereby repealed; and the 
Internal Revenue Code of 1986 shall be applied as if such subsection, 
and amendments, had never been enacted.
    (b) Repeal of Application to Corporations and Regulatory 
Authority.--
            (1) In general.--Section 6041 of the Internal Revenue Code 
        of 1986, as amended by section 9006(a) of the Patient 
        Protection and Affordable Care Act and section 2101 of the 
        Small Business Jobs Act of 2010, is amended by striking 
        subsections (i) and (j).
            (2) Effective date.--The amendment made by this subsection 
        shall apply to payments made after December 31, 2010.

SEC. 305. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

    (a) Extension.--
            (1) In general.--Subparagraph (B) of section 41(h)(1) of 
        the Internal Revenue Code of 1986, as amended by the Tax 
        Relief, Unemployment Insurance Reauthorization, and Job 
        Creation Act of 2010, is amended by striking ``December 31, 
        2011'' and inserting ``December 31, 2016''.
            (2) Conforming amendment.--Subparagraph (D) of section 
        45C(b)(1) of such Code, as so amended, is amended by striking 
        ``December 31, 2011'' and inserting ``December 31, 2016''.
    (b) Increase in Alternative Simplified Research Credit.--Paragraph 
(5) of section 41(c) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``14 percent (12 percent in the case of 
        taxable years ending before January 1, 2009)'' in subparagraph 
        (A) and inserting ``20 percent (14 percent in the case of 
        taxable years ending before January 1, 2013)'', and
            (2) by striking ``6 percent'' in subparagraph (B)(ii) and 
        inserting ``10 percent (7 percent in the case of taxable years 
        ending before January 1, 2013)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2010.

                      TITLE IV--REGULATORY REFORM

SEC. 401. REGULATORY REFORM.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Office of Information and Regulatory Affairs in the Office 
        of Management and Budget;
            (2) the term ``agency'' has the same meaning as in section 
        3502(1) of title 44, United States Code;
            (3) the term ``economically significant guidance document'' 
        means a significant guidance document that may reasonably be 
        anticipated to lead to an annual effect on the economy of 
        $100,000,000 or more or adversely affect in a material way the 
        economy or a sector of the economy, except that economically 
        significant guidance documents do not include guidance 
        documents on Federal expenditures and receipts;
            (4) the term ``disseminated''--
                    (A) means prepared by an agency and distributed to 
                the public or regulated entities; and
                    (B) does not include--
                            (i) distribution limited to Federal 
                        Government employees;
                            (ii) intra- or interagency use or sharing 
                        of Federal Government information; and
                            (iii) responses to requests for agency 
                        records under section 552 of title 5, United 
                        States Code (commonly referred to as the 
                        ``Freedom of Information Act''), section 552a 
                        of title 5, United States Code, (commonly 
                        referred to as the ``Privacy Act''), the 
                        Federal Advisory Committee Act (5 U.S.C. App.), 
                        or other similar laws;
            (5) the term ``guidance document'' means an agency 
        statement of general applicability and future effect, other 
        than a regulatory action, that sets forth a policy on a 
        statutory, regulatory or technical issue or an interpretation 
        of a statutory or regulatory issue;
            (6) the term ``regulation'' means an agency statement of 
        general applicability and future effect, which the agency 
        intends to have the force and effect of law, that is designed 
        to implement, interpret, or prescribe law or policy or to 
        describe the procedure or practice requirements of an agency;
            (7) the term ``regulatory action'' means any substantive 
        action by an agency (normally published in the Federal 
        Register) that promulgates or is expected to lead to the 
        promulgation of a final regulation, including notices of 
        inquiry, advance notices of proposed rulemaking, and notices of 
        proposed rulemaking;
            (8) the term ``significant guidance document''--
                    (A) means a guidance document disseminated to 
                regulated entities or the general public that may 
                reasonably be anticipated to--
                            (i) lead to an annual effect on the economy 
                        of $100,000,000 or more or affect in a material 
                        way the economy, a sector of the economy, 
                        productivity, competition, jobs, the 
                        environment, public health or safety, or State, 
                        local, or tribal governments or communities;
                            (ii) create a serious inconsistency or 
                        otherwise interfere with an action taken or 
                        planned by another agency;
                            (iii) materially alter the budgetary impact 
                        of entitlements, grants, user fees, or loan 
                        programs or the rights and obligations of 
                        recipients thereof; or
                            (iv) raise novel legal or policy issues 
                        arising out of legal mandates and the 
                        priorities, principles, and provisions of this 
                        section; and
                    (B) does not include--
                            (i) legal advisory opinions for internal 
                        Executive Branch use and not for release (such 
                        as Department of Justice Office of Legal 
                        Counsel opinions);
                            (ii) briefs and other positions taken by 
                        agencies in investigations, pre-litigation, 
                        litigation, or other enforcement proceedings;
                            (iii) speeches;
                            (iv) editorials;
                            (v) media interviews;
                            (vi) press materials;
                            (vii) congressional correspondence;
                            (viii) guidance documents that pertain to a 
                        military or foreign affairs function of the 
                        United States (other than guidance on 
                        procurement or the import or export of non-
                        defense articles and services);
                            (ix) grant solicitations;
                            (x) warning letters;
                            (xi) case or investigatory letters 
                        responding to complaints involving fact-
                        specific determinations;
                            (xii) purely internal agency policies;
                            (xiii) guidance documents that pertain to 
                        the use, operation or control of a government 
                        facility;
                            (xiv) internal guidance documents directed 
                        solely to other agencies; and
                            (xv) any other category of significant 
                        guidance documents exempted by an agency head 
                        in consultation with the Administrator; and
            (9) the term ``significant regulatory action'' means any 
        regulatory action that is likely to result in a regulation that 
        may--
                    (A) have an annual effect on the economy of 
                $100,000,000 or more or adversely affect in a material 
                way the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients thereof; or
                    (D) raise novel legal or policy issues arising out 
                of legal mandates and the priorities, principles, and 
                provisions of this section.
    (b) Agency Assessment of Significant Regulatory Actions.--For each 
significant regulatory action, each agency shall submit, at such times 
specified by the Administrator, a report to the Office of Information 
and Regulatory Affairs that includes--
            (1) an assessment, including the underlying analysis, of 
        benefits anticipated from the significant regulatory action, 
        such as--
                    (A) the promotion of the efficient functioning of 
                the economy and private markets;
                    (B) the enhancement of health and safety;
                    (C) the protection of the natural environment; and
                    (D) the elimination or reduction of discrimination 
                or bias;
            (2) to the extent feasible, a quantification of the 
        benefits assessed under paragraph (1);
            (3) an assessment, including the underlying analysis, of 
        costs anticipated from the regulatory action, such as--
                    (A) the direct cost both to the Federal Government 
                in administering the significant regulatory action and 
                to businesses, consumers, and others (including State, 
                local, and tribal officials) in complying with the 
                regulation; and
                    (B) any adverse effects on the efficient 
                functioning of the economy, private markets (including 
                productivity, employment, and competitiveness), health, 
                safety, the natural environment, job creation, the 
                prices of consumer goods, and energy costs;
            (4) to the extent feasible, a quantification of the costs 
        assessed under paragraph (3); and
            (5) an assessment, including the underlying analysis, of 
        costs and benefits of potentially effective and reasonably 
        feasible alternatives to the planned significant regulatory 
        action, identified by the agency or the public (including 
        improving the current regulation and reasonably viable 
        nonregulatory actions), and an explanation why the planned 
        regulatory action is preferable to the identified potential 
        alternatives.
    (c) Agency Good Guidance Practices.--
            (1) Agency standards for significant guidance documents.--
                    (A) Approval procedures.--
                            (i) In general.--Each agency shall develop 
                        or have written procedures for the approval of 
                        significant guidance documents, which shall 
                        ensure that the issuance of significant 
                        guidance documents is approved by appropriate 
                        senior agency officials.
                            (ii) Requirement.--Employees of an agency 
                        may not depart from significant guidance 
                        documents without appropriate justification and 
                        supervisory concurrence.
                    (B) Standard elements.--Each significant guidance 
                document--
                            (i) shall--
                                    (I) include the term ``guidance'' 
                                or its functional equivalent;
                                    (II) identify the agency or office 
                                issuing the document;
                                    (III) identify the activity to 
                                which and the persons to whom the 
                                significant guidance document applies;
                                    (IV) include the date of issuance;
                                    (V) note if the significant 
                                guidance document is a revision to a 
                                previously issued guidance document 
                                and, if so, identify the document that 
                                the significant guidance document 
                                replaces;
                                    (VI) provide the title of the 
                                document and a document identification 
                                number; and
                                    (VII) include the citation to the 
                                statutory provision or regulation (in 
                                Code of Federal Regulations format) 
                                which the significant guidance document 
                                applies to or interprets; and
                            (ii) shall not include mandatory terms such 
                        as ``shall'', ``must'', ``required'', or 
                        ``requirement'' unless--
                                    (I) the agency is using those terms 
                                to describe a statutory or regulatory 
                                requirement; or
                                    (II) the terminology is addressed 
                                to agency staff and will not foreclose 
                                agency consideration of positions 
                                advanced by affected private parties.
            (2) Public access and feedback for significant guidance 
        documents.--
                    (A) Internet access.--
                            (i) In general.--Each agency shall--
                                    (I) maintain on the website for the 
                                agency, or as a link on the website of 
                                the agency to the electronic list 
                                posted on a website of a component of 
                                the agency a list of the significant 
                                guidance documents in effect of the 
                                agency, including a link to the text of 
                                each significant guidance document that 
                                is in effect; and
                                    (II) not later than 30 days after 
                                the date on which a significant 
                                guidance document is issued, update the 
                                list described in clause (i).
                            (ii) List requirements.--The list described 
                        in subparagraph (A)(i) shall--
                                    (I) include the name of each--
                                            (aa) significant guidance 
                                        document;
                                            (bb) document 
                                        identification number; and
                                            (cc) issuance and revision 
                                        dates; and
                                    (II) identify significant guidance 
                                documents that have been added, 
                                revised, or withdrawn in the preceding 
                                year.
                    (B) Public feedback.--
                            (i) In general.--Each agency shall 
                        establish and clearly advertise on the website 
                        for the agency a means for the public to 
                        electronically submit--
                                    (I) comments on significant 
                                guidance documents; and
                                    (II) a request for issuance, 
                                reconsideration, modification, or 
                                rescission of significant guidance 
                                documents.
                            (ii) Agency response.--Any comments or 
                        requests submitted under subparagraph (A)--
                                    (I) are for the benefit of the 
                                agency; and
                                    (II) shall not require a formal 
                                response from the agency.
                            (iii) Office for public comments.--
                                    (I) In general.--Each agency shall 
                                designate an office to receive and 
                                address complaints from the public 
                                relating to--
                                            (aa) the failure of the 
                                        agency to follow the procedures 
                                        described in this section; or
                                            (bb) the failure to treat a 
                                        significant guidance document 
                                        as a binding requirement.
                                    (II) Website.--The agency shall 
                                provide, on the website of the agency, 
                                the name and contact information for 
                                the office designated under clause (i).
            (3) Notice and public comment for economically significant 
        guidance documents.--
                    (A) In general.--Except as provided in paragraph 
                (2), in preparing a draft of an economically 
                significant guidance document, and before issuance of 
                the final significant guidance document, each agency 
                shall--
                            (i) publish a notice in the Federal 
                        Register announcing that the draft document is 
                        available;
                            (ii) post the draft document on the 
                        Internet and make a tangible copy of that 
                        document publicly available (or notify the 
                        public how the public can review the guidance 
                        document if the document is not in a format 
                        that permits such electronic posting with 
                        reasonable efforts);
                            (iii) invite public comment on the draft 
                        document; and
                            (iv) prepare and post on the website of the 
                        agency a document with responses of the agency 
                        to public comments.
                    (B) Exceptions.--In consultation with the 
                Administrator, an agency head may identify a particular 
                economically significant guidance document or category 
                of such documents for which the procedures of this 
                subsection are not feasible or appropriate.
            (4) Emergencies.--
                    (A) In general.--In emergency situations or when an 
                agency is obligated by law to act more quickly than 
                normal review procedures allow, the agency shall notify 
                the Administrator as soon as possible and, to the 
                extent practicable, comply with this subsection.
                    (B) Significant guidance documents subject to 
                statutory or court-imposed deadline.--For a significant 
                guidance document that is governed by a statutory or 
                court-imposed deadline, the agency shall, to the extent 
                practicable, schedule the proceedings of the agency to 
                permit sufficient time to comply with this subsection.
            (5) Effective date.--This section shall take effect 60 days 
        after the date of enactment of this Act.

SEC. 402. REDUCTION OR WAIVER OF CIVIL PENALTIES IMPOSED ON SMALL 
              ENTITIES.

    (a) In General.--Chapter 6 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 613. Reduction or waiver of civil penalties imposed on small 
              entities
    ``(a) Upon the request of a small entity, a Regional Advocate of 
the Office of Advocacy of the Small Business Administration (referred 
to in this section as a `Regional Advocate') shall submit to an agency 
a request that the agency reduce or waive a civil penalty imposed on 
the small entity, if the Regional Advocate determines that--
            ``(1) the civil penalty was the result of a first-time 
        violation by the small entity of a requirement to report 
        information to the agency; and
            ``(2) the reduction or waiver is consistent with the 
        conditions and exclusions described in paragraphs (1), (3), 
        (4), (5), and (6) of section 223(b) of the Small Business 
        Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
        121; 110 Stat. 862).
    ``(b) Not later than 60 days after the receipt of a request from a 
Regional Advocate under subsection (a), an agency shall send written 
notice of the decision of the agency with respect to the request, 
together with the reasons for the decision, to the Regional Advocate 
that made the request and the relevant small entity.
    ``(c) The Chief Counsel for Advocacy shall submit to Congress an 
annual report summarizing--
            ``(1) the requests received by the Regional Advocates from 
        small entities under subsection (a); and
            ``(2) the requests submitted by the Regional Advocates to 
        agencies under subsection (a) and the results of the 
        requests.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 6 of title 5, United States Code, is amended by adding at the 
end the following:

``613. Reduction or waiver of civil penalties imposed on small 
                            entities.''.

           TITLE V--INTERSTATE HIGHWAY VEHICLE WEIGHT LIMITS

SEC. 501. INTERSTATE HIGHWAY VEHICLE WEIGHT LIMITS IN MAINE AND 
              VERMONT.

    Section 127(a)(11) of title 23, United States Code, is amended to 
read as follows:
            ``(11)(A) With respect to all portions of the Interstate 
        Highway System in the State of Maine, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this subsection.
            ``(B) With respect to all portions of the Interstate 
        Highway System in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this 
        subsection.''.

                   TITLE VI--ETHANOL SUBSIDIES REPEAL

SEC. 601. ELIMINATION OF TAX SUBSIDIES FOR ETHANOL FUEL.

    (a) Elimination of Income Tax Credit.--
            (1) In general.--The table contained in section 40(h)(2) of 
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``2010'' and inserting ``the 
                enactment date of the Seven Point Plan for Growing Jobs 
                Act'',
                    (B) by adding at the end the following:


 
``After such enactment date...         zero  zero''.
 

            (2) Elimination of small ethanol producer credit.--Section 
        40(b)(4)(A) of such Code is amended by inserting ``(zero after 
        the date of the enactment of the Seven Point Plan for Growing 
        Jobs Act)'' after ``10 cents''.
    (b) Elimination of Excise Tax Credit or Payment.--
            (1) Section 6426(b)(2)(A)(ii) of the Internal Revenue Code 
        of 1986 is amended by inserting ``(zero after the date of the 
        enactment of the Seven Point Plan for Growing Jobs Act)'' after 
        ``45 cents''.
            (2) Section 6427(e)(6)(A) of such Code is amended by 
        inserting ``the date of the enactment the Seven Point Plan for 
        Growing Jobs Act, in the case of any alcohol fuel mixture 
        involving ethanol)'' after ``2011''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any sale, use, or removal for any period after the date of the 
enactment of the Act.

SEC. 602. REMOVAL OF TARIFFS ON ETHANOL.

    (a) Duty-Free Treatment.--Chapter 98 of the Harmonized Tariff 
Schedule of the United States is amended by adding at the end the 
following new subchapter:


                                               ``Subchapter XXIII
                                                Alternative Fuels
----------------------------------------------------------------------------------------------------------------
                                                                        Rates of Duty
                                           ---------------------------------------------------------------------
Heading/Subheading    Article Description                         1
                                           -----------------------------------------------           2
                                                    General                Special
----------------------------------------------------------------------------------------------------------------
9823.01.01          Ethyl alcohol           Free                    Free                   20%''.
                     (provided for in
                     subheadings
                     2207.10.60 and
                     2207.20) or any
                     mixture containing
                     such ethyl alcohol
                     (provided for in
                     heading 2710 or 3824)
                     if such ethyl alcohol
                     or mixture is to be
                     used as a fuel or in
                     producing a mixture
                     of gasoline and
                     alcohol, a mixture of
                     a special fuel and
                     alcohol, or any other
                     mixture to be used as
                     fuel (including motor
                     fuel provided for in
                     subheading
                     2710.11.15,
                     2710.19.15 or
                     2710.19.21), or is
                     suitable for any such
                     uses.................
----------------------------------------------------------------------------------------------------------------

    (b) Conforming Amendments.--Subchapter I of chapter 99 of the 
Harmonized Tariff Schedule of the United States is amended--
            (1) by striking heading 9901.00.50; and
            (2) by striking U.S. notes 2 and 3.
    (c) Effective Date.--The amendments made by this section apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this Act.

                    TITLE VII--SPENDING LIMITATIONS

SEC. 701. DISCRETIONARY SPENDING LIMITS.

    Title III of the Congressional Budget Act of 1974 is amended by 
inserting at the end the following:

                    ``discretionary spending limits

    ``Sec. 316.  (a) Discretionary Spending Limits.--It shall not be in 
order in the House of Representatives or the Senate to consider any 
bill, joint resolution, amendment, or conference report that includes 
any provision that would cause the discretionary spending limits as set 
forth in subsection (b) to be exceeded.
    ``(b) Limits.--The discretionary spending limits are as follows:
            ``(1) For fiscal year 2012--
                    ``(A) for the defense category (budget function 
                050), $573,612,000,000 in budget authority; and
                    ``(B) for the nondefense category, $543,790,000,000 
                in budget authority.
            ``(2) For fiscal year 2013--
                    ``(A) for the defense category (budget function 
                050), $584,421,000,000 in budget authority; and
                    ``(B) for the nondefense category, $551,498,000,000 
                in budget authority.
            ``(3) For fiscal year 2014--
                    ``(A) for the defense category (budget function 
                050), $595,433,680,000 in budget authority; and
                    ``(B) for the nondefense category, $559,315,260,000 
                in budget authority.
    ``(c) Point of Order in the Senate.--
            ``(1) Waiver.--The provisions of this section shall be 
        waived or suspended in the Senate only--
                    ``(A) by the affirmative vote of two-thirds of the 
                Members, duly chosen and sworn; or
                    ``(B) in the case of the defense budget authority, 
                if Congress declares war.
            ``(2) Appeal.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this section shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the measure. An 
        affirmative vote of two-thirds of the Members of the Senate, 
        duly chosen and sworn, shall be required to sustain an appeal 
        of the ruling of the Chair on a point of order raised under 
        this section.''.

SEC. 702. ADJUSTED GROSS INCOME LIMITATION FOR RECIPIENTS OF FARM 
              SUBSIDIES.

    Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) 
is amended by striking subsection (b) and inserting the following:
    ``(b) Limitation.--
            ``(1) Commodity and conservation programs.--
                    ``(A) Commodity programs.--Notwithstanding any 
                other provision of law, an individual or entity shall 
                not be eligible to receive any benefit described in 
                paragraph (2)(A) during a crop year if the average 
                adjusted gross income of the individual or entity, or 
                the average adjusted gross income of the individual and 
                spouse of the individual, exceeds--
                            ``(i) $250,000, if less than 66.66 percent 
                        of the average adjusted gross income of the 
                        individual or entity, or the average adjusted 
                        gross income of the individual and spouse of 
                        the individual, is derived from farming, 
                        ranching, or forestry operations, as determined 
                        by the Secretary; or
                            ``(ii) $750,000.
                    ``(B) Conservation programs.--Notwithstanding any 
                other provision of law, an individual or entity shall 
                not be eligible to receive any benefit described in 
                paragraph (2)(B) during a crop year if the average 
                adjusted gross income of the individual or entity, or 
                the average adjusted gross income of the individual and 
                spouse of the individual, exceeds $2,500,000, unless 
                not less than 75 percent of the average adjusted gross 
                income of the individual or entity, or the average 
                adjusted gross income of the individual and spouse of 
                the individual, is derived from farming, ranching, or 
                forestry operations, as determined by the Secretary.
            ``(2) Covered benefits.--
                    ``(A) In general.--Paragraph (1)(A) applies with 
                respect to the following:
                            ``(i) A direct payment or counter-cyclical 
                        payment under subtitle A or C of title I of the 
                        Food, Conservation, and Energy Act of 2008 (7 
                        U.S.C. 8711 et seq.).
                            ``(ii) A marketing loan gain or loan 
                        deficiency payment under subtitle B or C of 
                        title I of the Food, Conservation, and Energy 
                        Act of 2008 (7 U.S.C. 8731 et seq.).
                            ``(iii) An average crop revenue payment 
                        under section 1105 of the Food, Conservation, 
                        and Energy Act of 2008 (7 U.S.C. 8715).
                    ``(B) Conservation programs.--Paragraph (1)(B) 
                applies with respect to a payment under any program 
                under--
                            ``(i) title XII of this Act;
                            ``(ii) title II of the Farm Security and 
                        Rural Investment Act of 2002 (Public Law 107-
                        171; 116 Stat. 223); or
                            ``(iii) title II of the Food, Conservation, 
                        and Energy Act of 2008 (Public Law 110-246; 122 
                        Stat. 1753).
            ``(3) Income derived from farming, ranching or forestry 
        operations.--In determining what portion of the average 
        adjusted gross income of an individual or entity is derived 
        from farming, ranching, or forestry operations, the Secretary 
        shall include income derived from--
                    ``(A) the production of crops, livestock, or 
                unfinished raw forestry products;
                    ``(B) the sale, including the sale of easements and 
                development rights, of farm, ranch, or forestry land or 
                water or hunting rights;
                    ``(C) the sale of equipment to conduct farm, ranch, 
                or forestry operations;
                    ``(D) the rental or lease of land used for farming, 
                ranching, or forestry operations, including water or 
                hunting rights;
                    ``(E) the provision of production inputs and 
                services to farmers, ranchers, and foresters;
                    ``(F) the processing (including packing), storing 
                (including shedding), and transporting of farm, ranch, 
                and forestry commodities;
                    ``(G) the sale of land that has been used for 
                agriculture; and
                    ``(H) payments or other income attributable to 
                benefits received under any program authorized under 
                title I or II of the Food, Conservation, and Energy Act 
                of 2008 (7 U.S.C. 8702 et seq.).''.
                                 <all>