< Back to H.R. 3487 (112th Congress, 2011–2013)

Text of the Job Creation Act of 2011

This bill was introduced on November 18, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 18, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3487

IN THE HOUSE OF REPRESENTATIVES

November 18, 2011

introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Energy and Commerce, Science, Space, and Technology, Education and the Workforce, Small Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To encourage job creation, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Job Creation Act of 2011.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Trade

Sec. 101. Sense of Congress regarding implementation of certain free trade agreements.

Sec. 102. Sense of Congress regarding China’s intellectual property rights violations.

Title II—Tax reform

Sec. 201. Sense of Congress regarding tax reform.

Title III—Balanced budget amendment

Sec. 301. Sense of Congress regarding a balanced budget amendment.

Title IV—Energy

Sec. 401. Short title.

Sec. 402. Definitions.

Sec. 403. Leasing program for lands within the Coastal Plain.

Sec. 404. Lease sales.

Sec. 405. Grant of leases by the Secretary.

Sec. 406. Lease terms and conditions.

Sec. 407. Coastal Plain environmental protection.

Sec. 408. Expedited judicial review.

Sec. 409. Federal and State distribution of revenues.

Sec. 410. Rights-of-way across the Coastal Plain.

Sec. 411. Conveyance.

Sec. 412. Local government impact aid and community service assistance.

Sec. 413. ANWR Alternative Energy Trust Fund.

Title V—Reduction in Federal workforce

Sec. 501. Reduction in Federal workforce.

Title VI—Repeal of employer health insurance mandate

Sec. 601. Repeal of employer health insurance mandate.

Title VII—Secret Ballot Protection Act

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. National Labor Relations Act.

Sec. 704. Regulations.

Title VIII—Federal Rules of Civil Procedure improvements

Sec. 801. Attorney accountability.

Sec. 802. Applicability of Rule 11 to State cases affecting interstate commerce.

Sec. 803. Prevention of forum-shopping.

Sec. 804. Rule of construction.

Sec. 805. Three-strikes rule for suspending attorneys who commit multiple Rule 11 violations.

Sec. 806. Presumption of rule 11 violation for repeatedly relitigating same issue.

Sec. 807. Enhanced sanctions for document destruction in pending Federal court proceedings.

Sec. 808. Ban on concealment of unlawful conduct.

Title IX—Regulatory Flexibility Improvements Act of 2011

Sec. 901. Short title.

Sec. 902. Clarification and expansion of rules covered by the Regulatory Flexibility Act.

Sec. 903. Requirements providing for more detailed analyses.

Sec. 904. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy.

Sec. 905. Procedures for gathering comments.

Sec. 906. Periodic review of rules.

Sec. 907. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule.

Sec. 908. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act.

Sec. 909. Clerical amendments.

I

Trade

101.

Sense of Congress regarding implementation of certain free trade agreements

(a)

Findings

Congress finds the following:

(1)

Ninety-five percent of the world’s consumers live outside the United States.

(2)

It is imperative to the United States economy that United States businesses sell their goods and services outside the United States.

(3)

Congress and the Administration are currently working to implement free trade agreements with Colombia, Panama, and South Korea. The United States International Trade Commission recently reported that implementation of the three free trade agreements would increase United States exports by $13 billion, adding $10 billion to the Gross Domestic Product of the United States. Such an increase would support 250,000 American jobs.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

Congress should continue to work with the Administration to expand trading markets;

(2)

the President should pursue quick entry into force of the three trade agreements; and

(3)

the future growth of the United States economy requires this pro-growth strategy.

102.

Sense of Congress regarding China’s intellectual property rights violations

(a)

Findings

Congress finds the following:

(1)

United States copyright industries suffer severe losses due to piracy in China.

(2)

Counterfeiting remains pervasive in many retail and wholesale markets in China.

(3)

China also maintains market access barriers, which delay entry into China for legitimate products and, thus, create commercial opportunities for infringing products.

(4)

According to a report by the United States International Trade Commission, Chinese piracy and counterfeiting of United States software and a wide range of other intellectual property cost American businesses an estimated $48 billion in 2009.

(5)

The report also concluded that 2.1 million jobs could be created in the United States if China complied with its current international obligations to protect and enforce intellectual property rights.

(6)

The most direct jobs impact would come in high-tech and other innovative industries.

(b)

Sense of Congress

It is the sense of Congress that China’s intellectual property rights violations are a problem for our economy.

II

Tax reform

201.

Sense of Congress regarding tax reform

(a)

Findings

Congress finds the following:

(1)

The Federal tax code is long, complex, antiquated, and stifling growth in our economy.

(2)

Comprehensive reform of the Federal tax code is needed to get Americans working again and our economy back on track.

(3)

Independent economists estimate that, when coupled with reduced Federal spending, comprehensive tax reform could lead to the creation of 1 million jobs in the first year alone.

(4)

The Federal tax code has become so complex that even the Commissioner of the Internal Revenue Service does not prepare his own taxes.

(5)

The Internal Revenue Service reports that the average person spends more than 21 hours to fill out the tax forms.

(6)

A USA Today editorial lampooned the complexity by noting that the instruction booklet for Apple’s Ipad is one page, while the instruction booklet for this year’s IRS 1040 long form is 172 pages.

(7)

The Federal tax system needs to be reformed in order for the United States to once again be competitive in the international market.

(8)

Only Japan has a higher corporate tax rate than America, which has a combined Federal-State rate of 39.2 percent, and Japan has already indicated its intent to lower its rate.

(9)

In 1960, 17 companies headquartered in the United States comprised 17 of the world’s largest 20 companies—that’s 85 percent. By 2010, just 6 companies headquartered in the United States—or a mere 30 percent—were ranked among the top 20.

(b)

Sense of Congress

It is the sense of Congress that reforming the Federal tax code will benefit American taxpayers and our economy.

III

Balanced budget amendment

301.

Sense of Congress regarding a balanced budget amendment

(a)

Findings

The Congress finds that a balanced budget amendment would put the United States on a path to solvency and help bring stability to the economy.

(b)

Sense of Congress

It is the sense of Congress that Congress needs to pass a balanced budget amendment to the United States Constitution and send it to the States for ratification.

IV

Energy

401.

Short title

This title may be cited as the American Energy Independence and Price Reduction Act.

402.

Definitions

In this title:

(1)

Coastal plain

The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.

(2)

Secretary

The term Secretary, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.

403.

Leasing program for lands within the Coastal Plain

(a)

In General

The Secretary shall take such actions as are necessary—

(1)

to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and

(2)

to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.

(b)

Repeal

(1)

Repeal

Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.

(2)

Conforming amendment

The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.

(c)

Compliance With Requirements Under Certain Other Laws

(1)

Compatibility

For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.

(2)

Adequacy of the department of the interior’s legislative environmental impact statement

The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale.

(3)

Compliance with nepa for other actions

Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.

(d)

Relationship to State and Local Authority

Nothing in this title shall be considered to expand or limit State and local regulatory authority.

(e)

Special Areas

(1)

In general

The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.

(2)

Management

Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.

(3)

Exclusion from leasing or surface occupancy

The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.

(4)

Directional drilling

Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area.

(f)

Limitation on Closed Areas

The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.

(g)

Regulations

(1)

In general

The Secretary shall prescribe such regulations as may be necessary to carry out this title, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.

(2)

Revision of regulations

The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.

404.

Lease sales

(a)

In General

Lands may be leased pursuant to this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).

(b)

Procedures

The Secretary shall, by regulation, establish procedures for—

(1)

receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;

(2)

the holding of lease sales after such nomination process; and

(3)

public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

(c)

Lease Sale Bids

Bidding for leases under this title shall be by sealed competitive cash bonus bids.

(d)

Acreage Minimum in First Sale

In the first lease sale under this title, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.

(e)

Timing of Lease Sales

The Secretary shall—

(1)

conduct the first lease sale under this title within 22 months after the date of the enactment of this Act;

(2)

evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and

(3)

conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.

405.

Grant of leases by the Secretary

(a)

In General

The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 404 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.

(b)

Subsequent Transfers

No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.

406.

Lease terms and conditions

(a)

In General

An oil or gas lease issued pursuant to this title shall—

(1)

provide for the payment of a royalty of not less than 121/2 percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;

(2)

provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife;

(3)

require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;

(4)

provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;

(5)

provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;

(6)

contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 403(a)(2);

(7)

provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State;

(8)

prohibit the export of oil produced under the lease; and

(9)

contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this title and the regulations issued under this title.

(b)

Project Labor Agreements

The Secretary, as a term and condition of each lease under this title and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this title and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.

407.

Coastal Plain environmental protection

(a)

No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities

The Secretary shall, consistent with the requirements of section 403, administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—

(1)

ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;

(2)

require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and

(3)

ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.

(b)

Site-Specific Assessment and Mitigation

The Secretary shall also require, with respect to any proposed drilling and related activities, that—

(1)

a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;

(2)

a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and

(3)

the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.

(c)

Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment

Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.

(d)

Compliance With Federal and State Environmental Laws and Other Requirements

The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:

(1)

Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain.

(2)

Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.

(3)

That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.

(4)

Design safety and construction standards for all pipelines and any access and service roads, that—

(A)

minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and

(B)

minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.

(5)

Prohibitions on general public access and use on all pipeline access and service roads.

(6)

Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.

(7)

Appropriate prohibitions or restrictions on access by all modes of transportation.

(8)

Appropriate prohibitions or restrictions on sand and gravel extraction.

(9)

Consolidation of facility siting.

(10)

Appropriate prohibitions or restrictions on use of explosives.

(11)

Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.

(12)

Avoidance or minimization of air traffic-related disturbance to fish and wildlife.

(13)

Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.

(14)

Fuel storage and oil spill contingency planning.

(15)

Research, monitoring, and reporting requirements.

(16)

Field crew environmental briefings.

(17)

Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.

(18)

Compliance with applicable air and water quality standards.

(19)

Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.

(20)

Reasonable stipulations for protection of cultural and archeological resources.

(21)

All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.

(e)

Considerations

In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:

(1)

The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.

(2)

The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.

(3)

The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.

(f)

Facility Consolidation Planning

(1)

In general

The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.

(2)

Objectives

The plan shall have the following objectives:

(A)

Avoiding unnecessary duplication of facilities and activities.

(B)

Encouraging consolidation of common facilities and activities.

(C)

Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.

(D)

Utilizing existing facilities wherever practicable.

(E)

Enhancing compatibility between wildlife values and development activities.

(g)

Access to Public Lands

The Secretary shall—

(1)

manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and

(2)

ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.

408.

Expedited judicial review

(a)

Filing of Complaint

(1)

Deadline

Subject to paragraph (2), any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title shall be filed—

(A)

except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or

(B)

in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.

(2)

Venue

Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.

(3)

Limitation on scope of certain review

Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.

(b)

Limitation on Other Review

Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.

409.

Federal and State distribution of revenues

(a)

In General

Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title—

(1)

50 percent shall be paid to the State of Alaska; and

(2)

except as provided in section 412(d), the balance shall be transferred to the ANWR Alternative Energy Trust Fund established by this title.

(b)

Payments to Alaska

Payments to the State of Alaska under this section shall be made semiannually.

410.

Rights-of-way across the Coastal Plain

(a)

In General

The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas—

(1)

except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.); and

(2)

under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).

(b)

Terms and Conditions

The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.

(c)

Regulations

The Secretary shall include in regulations under section 403(g) provisions granting rights-of-way and easements described in subsection (a) of this section.

411.

Conveyance

In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey—

(1)

to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and

(2)

to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.

412.

Local government impact aid and community service assistance

(a)

Financial Assistance Authorized

(1)

In general

The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this title.

(2)

Eligible entities

The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this title, as determined by the Secretary, shall be eligible for financial assistance under this section.

(b)

Use of Assistance

Financial assistance under this section may be used only for—

(1)

planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;

(2)

implementing mitigation plans and maintaining mitigation projects;

(3)

developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and

(4)

establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, which shall—

(A)

coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and

(B)

provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.

(c)

Application

(1)

In general

Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.

(2)

North slope borough communities

A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.

(3)

Application assistance

The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.

(d)

Establishment of Fund

(1)

In general

There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.

(2)

Use

Amounts in the fund may be used only for providing financial assistance under this section.

(3)

Deposits

Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this title.

(4)

Limitation on deposits

The total amount in the fund may not exceed $11,000,000.

(5)

Investment of balances

The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.

(e)

Authorization of Appropriations

To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.

413.

ANWR Alternative Energy Trust Fund

(a)

Establishment of Trust Fund

There is established in the Treasury of the United States a trust fund to be known as the ANWR Alternative Energy Trust Fund, consisting of such amounts as may be transferred to the ANWR Alternative Energy Trust Fund as provided in section 409.

(b)

Expenditures From ANWR Alternative Energy Trust Fund

(1)

In general

Amounts in the ANWR Alternative Energy Trust Fund shall be available without further appropriation to carry out specified provisions of the Energy Policy Act of 2005 (Public Law 109–58; in this section referred to as EPAct2005) and the Energy Independence and Security Act of 2007 (Public Law 110–140; in this section referred to as EISAct2007), as follows:

To carry out the provisions of:The following percentage of annual receipts to the ANWR Alternative Energy Trust Fund, but not to exceed the limit on amount authorized, if any:
EPAct2005:
Section 2101.5 percent
Section 2421.0 percent
Section 3692.0 percent
Section 4016.0 percent
Section 8126.0 percent
Section 93119.0 percent
Section 9421.5 percent
Section 9623.0 percent
Section 9681.5 percent
Section 17046.0 percent
EISAct2007:
Section 20715.0 percent
Section 6071.5 percent
Title VI, Subtitle B3.0 percent
Title VI, Subtitle C1.5 percent
Section 6419.0 percent
Title VII, Subtitle A15.0 percent
Section 11121.5 percent
Section 13046.0 percent.
(2)

Apportionment of excess amount

Notwithstanding paragraph (1), any amounts allocated under paragraph (1) that are in excess of the amounts authorized in the applicable cited section or subtitle of EPAct2005 and EISAct2007 shall be reallocated to the remaining sections and subtitles cited in paragraph (1), up to the amounts otherwise authorized by law to carry out such sections and subtitles, in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles.

V

Reduction in Federal workforce

501.

Reduction in Federal workforce

(a)

Definition

For the purpose of this section—

(1)

the term total number of Federal employees means the total number of Federal employees in all agencies;

(2)

the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; and

(3)

the term agency means an Executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office.

(b)

Limitation

The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2015, the total number of Federal employees (as determined under subsection (c)) shall not exceed 90 percent of the total number of Federal employees as of September 30, 2011 (as so determined).

(c)

Monitoring and notification

The Office of Management and Budget (in consultation with the Office of Personnel Management)—

(1)

shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of Federal employees exceeds the maximum number allowable under subsection (b); and

(2)

whenever a determination under paragraph (1) is made that the total number of Federal employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates.

(d)

Compliance

Whenever, with respect to the quarter ending on September 30, 2014, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates.

(e)

Waiver

(1)

Emergencies

This section may be waived upon a determination by the President that—

(A)

the existence of a state of war or other national security concern so requires; or

(B)

the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires.

(2)

Agency efficiency or critical mission

This section may be waived, with respect to a particular position or category of positions in an agency, upon a determination by the President that the efficiency of the agency or the performance of a critical agency mission so requires.

(f)

Replacement rate

To the extent necessary to achieve the workforce reduction required by subsection (b), the Office of Management and Budget (in consultation with the Office of Personnel Management) shall take appropriate measures to ensure that agencies shall appoint no more than 1 employee for every 3 employees retiring or otherwise separating from Government service after the date of the enactment of this Act. This subsection shall cease to apply after September 30, 2014.

(g)

Counting rule

For purposes of this Act, any determination of the number of employees in an agency shall be expressed on a full-time equivalent basis.

(h)

Limitation on procurement of service contracts

The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government.

(i)

Regulations

Any regulations necessary to carry out this Act may be prescribed by the President or his designee.

VI

Repeal of employer health insurance mandate

601.

Repeal of employer health insurance mandate

(a)

In general

Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H.

(b)

Repeal of related reporting requirements

Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056.

(c)

Conforming amendments

(1)

Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting or at the end of clause (xxiii), by striking and at the end of clause (xxiv) and inserting or, and by striking clause (xxv).

(2)

Paragraph (2) of section 6724(d) of such Code is amended by inserting or at the end of subparagraph (FF), by striking , or at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH).

(3)

The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H.

(4)

The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056.

(5)

Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c).

(d)

Effective dates

(1)

In general

Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013.

(2)

Repeal of study and report

The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act.

VII

Secret Ballot Protection Act

701.

Short title

This title may be cited as the Secret Ballot Protection Act.

702.

Findings

Congress finds that—

(1)

the importance of a secret ballot election has been recognized by the United States for over 100 years;

(2)

the fundamental democratic right to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality;

(3)

the recognition of a labor organization by way of a private agreement, rather than a secret ballot election supervised by a neutral third party, threatens an employee’s right, codified in the National Labor Relations Act, to choose whether or not to be represented by a labor organization; and

(4)

preserving workers’ right to choose whether or not to be represented by a labor organization through a secret ballot election is important to the strength of the national economy.

703.

National Labor Relations Act

(a)

Recognition of representative

(1)

In general

Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.

(2)

Application

The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act.

(b)

Election required

(1)

In general

Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended—

(A)

by striking and at the end of paragraph (6);

(B)

by striking the period at the end of paragraph (7) and inserting ; and; and

(C)

by adding at the end the following:

(8)

to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.

.

(2)

Application

The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act.

(c)

Secret ballot election required

Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended—

(1)

by inserting (1) after (a);

(2)

by inserting after designated or selected the following: by a secret ballot election conducted by the National Labor Relations Board in accordance with this section; and

(3)

by adding at the end the following:

(2)

The secret ballot election requirement of paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of the Secret Ballot Protection Act.

.

(d)

Conforming amendments

Section 9(c)(1) of such Act (29 U.S.C. 159(c)(1)) is amended—

(1)

in subparagraph (A)—

(A)

in clause (i), by striking and that their employer declines to recognize their representative as the representative defined in section 9(a) and inserting by a representative; and

(B)

in clause (ii), by striking section 9(a); and inserting subsection (a),; and

(2)

in subparagraph (B), by striking alleging and all that follows through defined in section 9(a).

704.

Regulations

Not later than 6 months after the date of the enactment of this Act the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this title to the National Labor Relations Act.

VIII

Federal Rules of Civil Procedure improvements

801.

Attorney accountability

Rule 11(c) of the Federal Rules of Civil Procedure is amended—

(1)

by amending the first sentence to read as follows: If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee.;

(2)

in paragraph (1)(A)—

(A)

by striking Rule 5 and all that follows through corrected. and inserting Rule 5.; and

(B)

by striking the court may award and inserting the court shall award; and

(3)

in paragraph (2), by striking shall be limited to what is sufficient and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee..

802.

Applicability of Rule 11 to State cases affecting interstate commerce

In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action substantially affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action substantially affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action.

803.

Prevention of forum-shopping

(a)

In general

Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located), or Federal district in which—

(1)

the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent—

(A)

resides at the time of filing; or

(B)

resided at the time of the alleged injury;

(2)

the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred;

(3)

the defendant's principal place of business is located, if the defendant is a corporation; or

(4)

the defendant resides, if the defendant is an individual.

(b)

Determination of Most Appropriate Forum

If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection.

(c)

Definitions

In this section:

(1)

The term personal injury claim

(A)

means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate;

(B)

does not include a claim brought as a class action; and

(C)

does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code.

(2)

The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity.

(3)

The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States.

(d)

Applicability

This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act.

804.

Rule of construction

Nothing in section 402 or in the amendments made by section 401 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law.

805.

Three-strikes rule for suspending attorneys who commit multiple Rule 11 violations

(a)

Mandatory Suspension

Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is three or more, the Federal district court—

(1)

shall suspend that attorney from the practice of law in that Federal district court for one year; and

(2)

may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate.

(b)

Appeal; Stay

An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed.

(c)

Reinstatement

To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney involved must first petition the court for reinstatement under such procedures and conditions as the court may prescribe.

806.

Presumption of rule 11 violation for repeatedly relitigating same issue

Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on three consecutive occasions, and the claim or defense, respectively, involves the same plaintiff and the same defendant on each occasion, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure.

807.

Enhanced sanctions for document destruction in pending Federal court proceedings

Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding—

(1)

shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and

(2)

shall be held in contempt of court; and if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings.

808.

Ban on concealment of unlawful conduct

(a)

In general

In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record.

(b)

Applicability

This section applies to any record formally filed with a court, but shall not include any records subject to—

(1)

the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or

(2)

applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.

IX

Regulatory Flexibility Improvements Act of 2011

901.

Short title

This title may be cited as the Regulatory Flexibility Improvements Act of 2011.

902.

Clarification and expansion of rules covered by the Regulatory Flexibility Act

(a)

In general

Paragraph (2) of section 601 of title 5, United States Code, is amended to read as follows:

(2)

Rule

The term rule has the meaning given such term in section 551(4) of this title, except that such term does not include a rule of particular (and not general) applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances.

.

(b)

Inclusion of rules with indirect effects

Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph:

(9)

Economic impact

The term economic impact means, with respect to a proposed or final rule—

(A)

any direct economic effect on small entities of such rule; and

(B)

any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule).

.

(c)

Inclusion of rules with beneficial effects

(1)

Initial regulatory flexibility analysis

Subsection (c) of section 603 of title 5, United States Code, is amended by striking the first sentence and inserting Each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities..

(2)

Final regulatory flexibility analysis

The first paragraph (6) of section 604(a) of title 5, United States Code, is amended by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact.

(d)

Inclusion of rules affecting tribal organizations

Paragraph (5) of section 601 of title 5, United States Code, is amended by inserting and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))), after special districts,.

(e)

Inclusion of land management plans and formal rulemaking

(1)

Initial regulatory flexibility analysis

Subsection (a) of section 603 of title 5, United States Code, is amended in the first sentence—

(A)

by striking or after proposed rule,; and

(B)

by inserting or publishes a revision or amendment to a land management plan, after United States,.

(2)

Final regulatory flexibility analysis

Subsection (a) of section 604 of title 5, United States Code, is amended in the first sentence—

(A)

by striking or after proposed rulemaking,; and

(B)

by inserting or adopts a revision or amendment to a land management plan, after section 603(a),.

(3)

Land management plan defined

Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph:

(10)

Land management plan

(A)

In general

The term land management plan means—

(i)

any plan developed by the Secretary of Agriculture under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); and

(ii)

any plan developed by the Secretary of Interior under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

(B)

Revision

The term revision means any change to a land management plan which—

(i)

in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(5) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)); or

(ii)

in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–6 of title 43, Code of Federal Regulations (or any successor regulation).

(C)

Amendment

The term amendment means any change to a land management plan which—

(i)

in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4)) and with respect to which the Secretary of Agriculture prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); or

(ii)

in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–5 of title 43, Code of Federal Regulations (or any successor regulation) and with respect to which the Secretary of the Interior prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

.

(f)

Inclusion of certain interpretive rules involving the internal revenue laws

(1)

In general

Subsection (a) of section 603 of title 5, United States Code, is amended by striking the period at the end and inserting or a recordkeeping requirement, and without regard to whether such requirement is imposed by statute or regulation..

(2)

Collection of information

Paragraph (7) of section 601 of title 5, United States Code, is amended to read as follows:

(7)

Collection of information

The term collection of information has the meaning given such term in section 3502(3) of title 44, United States Code.

.

(3)

Recordkeeping requirement

Paragraph (8) of section 601 of title 5, United States Code, is amended to read as follows:

(8)

Recordkeeping requirement

The term recordkeeping requirement has the meaning given such term in section 3502(13) of title 44, United States Code.

.

(g)

Definition of small organization

Paragraph (4) of section 601 of title 5, United States Code, is amended to read as follows:

(4)

Small organization

(A)

In general

The term small organization means any not-for-profit enterprise which, as of the issuance of the notice of proposed rulemaking—

(i)

in the case of an enterprise which is described by a classification code of the North American Industrial Classification System, does not exceed the size standard established by the Administrator of the Small Business Administration pursuant to section 3 of the Small Business Act (15 U.S.C. 632) for small business concerns described by such classification code; and

(ii)

in the case of any other enterprise, has a net worth that does not exceed $7,000,000 and has not more than 500 employees.

(B)

Local labor organizations

In the case of any local labor organization, subparagraph (A) shall be applied without regard to any national or international organization of which such local labor organization is a part.

(C)

Agency definitions

Subparagraphs (A) and (B) shall not apply to the extent that an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register.

.

903.

Requirements providing for more detailed analyses

(a)

Initial regulatory flexibility analysis

Subsection (b) of section 603 of title 5, United States Code, is amended to read as follows:

(b)

Each initial regulatory flexibility analysis required under this section shall contain a detailed statement—

(1)

describing the reasons why action by the agency is being considered;

(2)

describing the objectives of, and legal basis for, the proposed rule;

(3)

estimating the number and type of small entities to which the proposed rule will apply;

(4)

describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record;

(5)

describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided;

(6)

estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; and

(7)

describing any disproportionate economic impact on small entities or a specific class of small entities.

.

(b)

Final regulatory flexibility analysis

(1)

In general

Section 604(a) of title 5, United States Code, is amended—

(A)

in paragraph (4), by striking an explanation and inserting a detailed explanation;

(B)

in each of paragraphs (4), (5), and the first paragraph (6), by inserting detailed before description; and

(C)

by adding at the end the following:

(7)

describing any disproportionate economic impact on small entities or a specific class of small entities.

.

(2)

Inclusion of response to comments on certification of proposed rule

Paragraph (2) of section 604(a) of title 5, United States Code, is amended by inserting (or certification of the proposed rule under section 605(b)) after initial regulatory flexibility analysis.

(3)

Publication of analysis on website

Subsection (b) of section 604 of title 5, United States Code, is amended to read as follows:

(b)

The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the agency’s website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof which includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained.

.

(c)

Cross-References to other analyses

Subsection (a) of section 605 of title 5, United States Code, is amended to read as follows:

(a)

A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement.

.

(d)

Certifications

Subsection (b) of section 605 of title 5, United States Code, is amended—

(1)

by inserting detailed before statement; and

(2)

by inserting and legal after factual.

(e)

Quantification requirements

Section 607 of title 5, United States Code, is amended to read as follows:

607.

Quantification requirements

In complying with sections 603 and 604, an agency shall provide—

(1)

a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or

(2)

a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.

.

904.

Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy

(a)

In general

Section 608 is amended to read as follows:

608.

Additional powers of Chief Counsel for Advocacy

(a)
(1)

Not later than 270 days after the date of the enactment of the Regulatory Flexibility Reform Act, the Chief Counsel for Advocacy of the Small Business Administration shall, after opportunity for notice and comment under section 553, issue rules governing agency compliance with this chapter. The Chief Counsel may modify or amend such rules after notice and comment under section 553. This chapter (other than this subsection) shall not apply with respect to the issuance, modification, and amendment of rules under this paragraph.

(2)

An agency shall not issue rules which supplement the rules issued under subsection (a) unless such agency has first consulted with the Chief Counsel for Advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph (1).

(b)

Notwithstanding any other law, the Chief Counsel for Advocacy of the Small Business Administration may intervene in any agency adjudication (unless such agency is authorized to impose a fine or penalty under such adjudication), and may inform the agency of the impact that any decision on the record may have on small entities. The Chief Counsel shall not initiate an appeal with respect to any adjudication in which the Chief Counsel intervenes under this subsection.

(c)

The Chief Counsel for Advocacy may file comments in response to any agency notice requesting comment, regardless of whether the agency is required to file a general notice of proposed rulemaking under section 553.

.

(b)

Conforming amendments

(1)

Section 611(a)(1) of such title is amended by striking 608(b),.

(2)

Section 611(a)(2) of such title is amended by striking 608(b),.

(3)

Section 611(a)(3) of such title is amended—

(A)

by striking subparagraph (B); and

(B)

by striking (3)(A) A small entity and inserting the following:

(3)

A small entity

.

905.

Procedures for gathering comments

Section 609 of title 5, United States Code, is amended by striking subsection (b) and all that follows and inserting the following:

(b)
(1)

Prior to publication of any proposed rule described in subsection (e), an agency making such rule shall notify the Chief Counsel for Advocacy of the Small Business Administration and provide the Chief Counsel with—

(A)

all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; and

(B)

information on the potential adverse and beneficial economic impacts of the proposed rule on small entities and the type of small entities that might be affected.

(2)

An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule—

(A)

relates to the internal revenue laws of the United States; or

(B)

is proposed by an independent regulatory agency (as defined in section 3502(5) of title 44, United States Code).

(c)

Not later than 15 days after the receipt of such materials and information under subsection (b), the Chief Counsel for Advocacy of the Small Business Administration shall—

(1)

identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice, input, and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section 603 of this title; and

(2)

convene a review panel consisting of an employee from the Office of Advocacy of the Small Business Administration, an employee from the agency making the rule, and in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44, United States Code), an employee from the Office of Information and Regulatory Affairs of the Office of Management and Budget to review the materials and information provided to the Chief Counsel under subsection (b).

(d)
(1)

Not later than 60 days after the review panel described in subsection (c)(2) is convened, the Chief Counsel for Advocacy of the Small Business Administration shall, after consultation with the members of such panel, submit a report to the agency and, in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44, United States Code), the Office of Information and Regulatory Affairs of the Office of Management and Budget.

(2)

Such report shall include an assessment of the economic impact of the proposed rule on small entities and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities.

(3)

Such report shall become part of the rulemaking record. In the publication of the proposed rule, the agency shall explain what actions, if any, the agency took in response to such report.

(e)

A proposed rule is described by this subsection if the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, the head of the agency (or the delegatee of the head of the agency), or an independent regulatory agency determines that the proposed rule is likely to result in—

(1)

an annual effect on the economy of $100,000,000 or more;

(2)

a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions;

(3)

significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or

(4)

a significant economic impact on a substantial number of small entities.

(f)

Upon application by the agency, the Chief Counsel for Advocacy of the Small Business Administration may waive the requirements of subsections (b) through (e) if the Chief Counsel determines that compliance with the requirements of such subsections are impracticable, unnecessary, or contrary to the public interest.

.

906.

Periodic review of rules

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

610.

Periodic review of rules

(a)

Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2011, each agency shall publish in the Federal Register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency’s website.

(b)

The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Regulatory Flexibility Improvements Act of 2011 within 10 years of the date of publication of the plan in the Federal Register and for review of rules adopted after the date of enactment of the Regulatory Flexibility Improvements Act of 2011 within 10 years after the publication of the final rule in the Federal Register. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy of the Small Business Administration and the Congress.

(c)

Each agency shall annually submit a report regarding the results of its review pursuant to such plan to the Congress, the Chief Counsel for Advocacy of the Small Business Administration, and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44, United States Code) to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph (5) or (6) of subsection (d) and a detailed explanation of the reasons for such determination.

(d)

In reviewing a rule pursuant to subsections (a) through (c), the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities, or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible, consistent with the stated objectives of applicable statutes. In amending or rescinding the rule, the agency shall consider the following factors:

(1)

The continued need for the rule.

(2)

The nature of complaints received by the agency from small entities concerning the rule.

(3)

Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration.

(4)

The complexity of the rule.

(5)

The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules.

(6)

The contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (c).

(7)

The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

(e)

The agency shall publish in the Federal Register and on its website a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.

.

907.

Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule

(a)

In general

Paragraph (1) of section 611(a) of title 5, United States Code, is amended by striking final agency action and inserting such rule.

(b)

Jurisdiction

Paragraph (2) of such section is amended by inserting (or which would have such jurisdiction if publication of the final rule constituted final agency action) after provision of law,.

(c)

Time for bringing action

Paragraph (3) of such section is amended—

(1)

by striking final agency action and inserting publication of the final rule; and

(2)

by inserting , in the case of a rule for which the date of final agency action is the same date as the publication of the final rule, after except that.

(d)

Intervention by Chief Counsel for Advocacy

Subsection (b) of section 612 of title 5, United States Code, is amended by inserting before the first period or agency compliance with section 601, 603, 604, 605(b), 609, or 610.

908.

Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act

(a)

In general

Section 2342 of title 28, United States Code, is amended—

(1)

in paragraph (6), by striking and at the end;

(2)

in paragraph (7), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(8)

all final rules under section 608(a) of title 5, United States Code.

.

(b)

Conforming amendments

Paragraph (3) of section 2341 of title 28, United States Code, is amended—

(1)

in subparagraph (D), by striking and at the end;

(2)

in subparagraph (E), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(F)

the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) of title 5, United States Code.

.

(c)

Authorization To intervene and comment on agency compliance with administrative procedure

Subsection (b) of section 612 of title 5, United States Code, is amended by inserting chapter 5, and chapter 7, after this chapter,.

909.

Clerical amendments

(a)

Section 601 of title 5, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking the semicolon at the end and inserting a period; and

(B)

by striking (1) the term and inserting the following:

(1)

Agency

The term

;

(2)

in paragraph (3)—

(A)

by striking the semicolon at the end and inserting a period, and

(B)

by striking (3) the term and inserting the following:

(3)

Small business

The term

;

(3)

in paragraph (5)—

(A)

by striking the semicolon at the end and inserting a period, and

(B)

by striking (5) the term and inserting the following:

(5)

Small governmental jurisdiction

The term

; and

(4)

in paragraph (6)—

(A)

by striking ; and and inserting a period, and

(B)

by striking (6) the term and inserting the following:

(6)

Small entity

The term

.

(b)

The heading of section 605 of title 5, United States Code, is amended to read as follows:

605.

Incorporations by reference and certifications

.

(c)

The table of sections for chapter 6 of title 5, United States Code, is amended—

(1)

by striking the item relating to section 605 and inserting the following new item:

605. Incorporations by reference and certifications

;

(2)

by striking the item relating to section 607 and inserting the following new item:

607. Quantification requirements

;

and
(3)

by striking the item relating to section 608 and inserting the following:

608. Additional powers of Chief Counsel for Advocacy

.

(d)

Chapter 6 of title 5, United States Code, is amended as follows:

(1)

In section 603, by striking subsection (d).

(2)

In section 604(a) by striking the second paragraph (6).