Requires the House Committee on Ways and Means to report legislation to broaden the tax base for the corporate income tax and to transition to a territorial tax system (taxation of domestic income but not income earned overseas).
Prohibits a federal agency from taking any significant regulatory action (generally, an action having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy) until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of a significant regulatory action by a person adversely affected or aggrieved by such action.Exempts businesses with 200 or fewer employees from federal regulation.
Revises provisions for congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them).
Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect.
Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules.
Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) any direct economic effect of a rule on small entities, and (2) any indirect economic effect on such entities, including potential job creation or job loss.
Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements.
Requires each federal agency to establish a plan for the periodic review (every eight years) of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Terminates any rule if the issuing agency has failed to complete a required periodic review.
Expands to all federal agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities.
Extends RFA requirements to informal agency guidance documents.
Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each federal agency to review on a periodic basis its policies or programs for imposing regulatory penalties on small entities.
Allows a small business concern to elect to be exempt from any rule or regulation issued on or after January 1, 2008.
Sets forth a deadline for action on certain permit applications under existing Outer Continental Shelf (OCS) leases.Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas of the Gulf of Mexico. Instructs the Secretary of the Interior (Secretary) to offer for leasing areas made available as a result of such repeal.
Instructs the Secretary to: (1) offer specified areas for oil and gas leasing pursuant to certain Lease Sale Schedules, (2) conduct OCS lease sales in specified Planning Areas, (3) share OCS receipts derived from all leases with states and local governments, (4) implement a leasing program for certain land within the Arctic Coastal Plain, and (5) issue rights-of-way and easements across the Coastal Plain for oil and gas transportation.
Authorizes the Secretary of the Interior to designate certain Coastal Plain lands, including the Sadlerochit Spring area, as Special Areas requiring special management and regulatory protection.
Revokes a specified Secretarial Order relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management (BLM).
Amends the Consolidated Appropriations Act, 2008 to repeal the prohibition on the use of funds for either a commercial oil shale leasing program or for oil shale lease sales.
Directs the Secretary to offer leases for oil shale resources.
Confers exclusive jurisdiction upon the U.S. District Court for the District of Columbia for covered energy projects under this Act.
Establishes the Office of the Federal Oil and Gas Permit Coordinator.
Instructs the Secretary to establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate Alaska Offshore Continental Shelf Coordination Office to coordinate the leasing program.
Amends the Clean Air Act to redefine "air pollutant" to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride (greenhouse gases).
Declares that nothing in specified statutes addressing pollution control shall be treated as authorizing or requiring the regulation of climate change or global warming.
Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against federal procurement of alternative or synthetic fuel.
Requires the Administrator of the Environmental Protection Agency (EPA), upon request of the governor of a state or the governing body of an Indian tribe, to enter into a streamlined refinery permitting agreement. Sets forth deadlines for: (1) approval or disapproval of consolidated permits for construction of new or expansion of existing refineries, and (2) submission of existing refinery permit applications.
Requires the EPA Administrator to conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel.
Directs the Secretary to extend by one year the term of any lease that was: (1) not producing as of April 30, 2010; or (2) suspended from operations, permit processing, or consideration in accordance with the moratorium set forth in a May 30, 2010, Minerals Management Service Notice, or the Secretary's decision memorandum dated July 12, 2010.
Directs the President, acting through the Secretary of Energy (DOE), to coordinate with specified federal agencies to ensure an expedited schedule for construction and operation of the Keystone XL pipeline.
Expresses the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests; and (2) Canada has long been a strong trading partner, and increased access to its energy resources will create jobs in the United States.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3400 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3400
To spur economic growth and create jobs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 10, 2011
Mr. Garrett (for himself, Mr. Jordan, Mr. Scalise, Mr. Mulvaney, Mr.
Huelskamp, Mr. Labrador, Mr. Walsh of Illinois, Mr. Duncan of South
Carolina, Mr. Huizenga of Michigan, Mr. Walberg, Mr. Pence, Mrs.
Hartzler, Mrs. Lummis, Mr. Poe of Texas, and Mr. Gowdy) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, 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 spur economic growth and create jobs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Jobs Through
Growth Act''.
(b) Table of Contents.--
Sec. 1. Short title.
TITLE I--PRO-GROWTH, PRO-FAMILY TAX REFORM
Subtitle A--The Taxpayer Choice Act
Sec. 101. Repeal of alternative minimum tax for noncorporate taxpayers.
Sec. 102. Simplified individual income tax system.
Subtitle B--Capital Gains Inflation Relief Act
Sec. 111. Indexing of certain assets for purposes of determining gain
or loss.
Subtitle C--Corporate Income Tax Rate Reduction
Sec. 121. Reduction of top corporate income tax rate to 25 percent.
Subtitle D--Corporate Tax Reform
Sec. 131. Recovery of lost revenue.
Subtitle E--Freedom to Invest Act
Sec. 141. Temporary dividends received deduction allowed for 2011 or
2012.
Subtitle F--Death Tax Repeal Permanency Act
Sec. 151. Repeal of estate and generation-skipping transfer taxes.
Sec. 152. Modifications of gift tax.
TITLE II--RED TAPE REDUCTION
Subtitle A--Regulatory Moratorium
Sec. 201. Definitions.
Sec. 202. Significant regulatory actions.
Sec. 203. Waivers.
Sec. 204. Judicial review.
Subtitle B--Increase of Size of Small Businesses Exempt From Federal
Laws and Regulations
Sec. 211. Increase of size of small businesses exempt from Federal laws
and regulations.
Subtitle C--The REINS Act
Sec. 221. Purpose.
Sec. 222. Congressional review of agency rulemaking.
Subtitle D--Small Business Regulatory Freedom
Sec. 231. Findings.
Sec. 232. Including indirect economic impact in small entity analyses.
Sec. 233. Judicial review to allow small entities to challenge proposed
regulations.
Sec. 234. Periodic review and sunset of existing rules.
Sec. 235. Requiring small business review panels for all agencies.
Sec. 236. Expanding the Regulatory Flexibility Act to agency guidance
documents.
Sec. 237. Requiring the Internal Revenue Service to consider small
entity impact.
Sec. 238. Mitigating penalties on small entities.
Sec. 239. Requiring more detailed small entity analyses.
Sec. 240. Ensuring that agencies consider small entity impact during
the rulemaking process.
Sec. 241. Qualifications of the Chief Counsel for Advocacy and
authority for the Office of Advocacy.
Sec. 242. Technical and conforming amendments.
Subtitle E--Small Business Freedom of Commerce Act
Sec. 251. Small business exemptions.
TITLE III--AMERICAN ENERGY PRODUCTION
Subtitle A--End of Presidential Permatorium on America's Outer
Continental Shelf Resources
Sec. 301. Deadline for certain permit applications under existing
leases.
Chapter 1--Outer Continental Shelf
Sec. 311. End moratorium of oil and gas leasing in certain areas of the
Gulf of Mexico.
Sec. 312. Outer Continental Shelf directed lease sales.
Sec. 313. Leasing program considered approved.
Sec. 314. Outer Continental Shelf lease sales.
Sec. 315. Restrictions on leasing of the Outer Continental Shelf.
Sec. 316. Sharing of OCS receipts with States and local governments.
Chapter 2--Arctic Coastal Plain
Sec. 321. Definitions.
Sec. 322. Leasing program for land within the Coastal Plain.
Sec. 323. Lease sales.
Sec. 324. Grant of leases by the Secretary.
Sec. 325. Lease terms and conditions.
Sec. 326. Expedited judicial review.
Sec. 327. Rights-of-way across the Coastal Plain.
Sec. 328. Conveyance.
Subtitle B--Revocation of Energy-Restricting BLM Lockup
Sec. 331. Revocation of Secretarial Order No. 3310.
Chapter 1--Expedited Shale Leasing of Federal Lands
Sec. 341. Opening of lands to oil shale leasing.
Chapter 2--Judicial Review Regarding Energy Projects
Sec. 351. Exclusive jurisdiction over causes and claims relating to
covered energy projects.
Sec. 352. Time for filing complaint.
Sec. 353. District Court for the District of Columbia deadline.
Sec. 354. Ability to seek appellate review.
Sec. 355. Deadline for appeal to the Supreme Court.
Sec. 356. Covered energy project defined.
Sec. 357. Limitation on application.
Chapter 3--Permitting Reform
Sec. 361. Purposes.
Sec. 362. Federal Coordinator.
Sec. 363. Regional Offices and Regional Permit Coordinators.
Sec. 364. Reviews and actions of Federal agencies.
Sec. 365. State coordination.
Sec. 366. Savings provision.
Sec. 367. Administrative and judicial review.
Sec. 368. Amendments to publication process.
Sec. 369. Repeal of fee for permits to drill.
Sec. 370. Alaska Offshore Continental Shelf Coordination Office.
Subtitle C--Relief From Regulations and Prohibitions That Cause
Artificial Price Increases
Chapter 1--Relief From EPA Climate Change Regulations and Federal
Prohibitions on Synthetic Fuels
Sec. 371. Repeal of EPA climate change regulation.
Sec. 372. Repeal of Federal ban on synthetic fuels purchasing
requirement.
Chapter 2--Refinery Reform
Sec. 381. Refinery permitting process.
Sec. 382. Existing refinery permit application deadline.
Subtitle D--Extension of Certain Outer Continental Shelf Leases
Sec. 391. Extension of certain outer continental shelf leases.
Subtitle E--Expedited Consideration and Approval of the Construction
and Operation of the Keystone XL Oil Pipeline
Sec. 396. Expedited consideration and approval of the construction and
operation of the Keystone XL oil pipeline.
TITLE I--PRO-GROWTH, PRO-FAMILY TAX REFORM
Subtitle A--The Taxpayer Choice Act
SEC. 101. REPEAL OF ALTERNATIVE MINIMUM TAX FOR NONCORPORATE TAXPAYERS.
(a) In General.--Section 55(a) of the Internal Revenue Code of 1986
(relating to alternative minimum tax imposed) is amended by adding at
the end the following new flush sentence:
``In the case of a taxpayer other than a corporation, no tax shall be
imposed by this section for any taxable year beginning after December
31, 2010, and the tentative minimum tax of any taxpayer other than a
corporation for any such taxable year shall be zero for purposes of
this title.''.
(b) Conforming Amendments.--
(1) Section 26(c) of such Code is amended by striking ``the
term `tentative minimum tax' means the amount determined under
section 55(b)(1)'' and inserting ``the tentative minimum tax is
zero.''.
(2) Section 911(f)(2) of such Code is amended to read as
follows:
``(2) the tentative minimum tax under section 55 for the
taxable year shall be zero.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 102. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM.
(a) In General.--Part I of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to tax on individuals) is
amended by redesignating section 5 as section 6 and by inserting after
section 4 the following new section:
``SEC. 5. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM.
``(a) Election.--
``(1) In general.--A taxpayer other than a corporation may
elect in accordance with this subsection to be subject to the
tax imposed by this section in lieu of the tax imposed by
section 1 for a taxable year and all subsequent taxable years.
``(2) Effect of election.--For purposes of this title, if
an election is in effect under paragraph (1) for any taxable
year, the tax imposed by this section shall be treated as the
tax imposed by section 1 for the taxable year.
``(3) Election.--
``(A) In general.--
``(i) In general.--Except as provided in
clause (ii) of this subparagraph and clauses
(ii) and (iii) of subparagraph (B), the
election under paragraph (1) may only be made
with respect to any taxable year beginning
before January 1, 2022, on a timely filed
return for the first taxable year for which the
election applies.
``(ii) New taxpayers.--In the case of an
individual with no tax liability under this
title before January 1, 2022, the election
under paragraph (1) may only be made for the
first taxable year beginning after December 31,
2021, for which such individual has tax
liability under this title.
``(B) Effect of election.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), the election under
paragraph (1), once made, shall be irrevocable.
``(ii) One-time revocation of election.--A
taxpayer may revoke an election under paragraph
(1) for a taxable year and all subsequent
taxable years. The preceding sentence shall not
apply if the taxpayer has made a revocation
under such sentence for any prior taxable year.
``(iii) Filing status changes due to major
life events.--In the case of any major life
event described in clause (iv), a taxpayer may
make an election under paragraph (1) or revoke
such an election under clause (ii). Any such
election or revocation shall apply for the
taxable year for which made and all subsequent
taxable years until the taxpayer makes an
election under the preceding sentence for any
subsequent (and all succeeding) taxable year.
``(iv) Major life event.--For purposes of
clause (iii), a major life event described in
this clause is marriage, divorce, and death.
``(b) Tax Imposed.--
``(1) Married individuals and surviving spouses.--In the
case of a taxpayer for whom an election under subsection (a) is
in effect and who is a married individual (as defined in
section 7703) who makes a single return jointly with his spouse
under section 6013 or a surviving spouse (as defined in section
2(a)), there is hereby imposed on the alternative taxable
income of such individual a tax determined in accordance with
the following table:
``If taxable income is: The tax is:
Not over $100,000..............
15% of alternative taxable
income.
Over $100,000..................
$15,000, plus 25% of the excess
over $100,000.
``(2) Unmarried individuals (other than surviving
spouses).--In the case of a taxpayer for whom an election under
subsection (a) is in effect and who is not described in
paragraph (1), there is hereby imposed on the alternative
taxable income of such individual a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $50,000...............
15% of alternative taxable
income.
Over $50,000...................
$7,500, plus 25% of the excess
over $50,000.
``(c) Maximum of Tax on Net Capital Gain of Noncorporate
Taxpayers.--If a taxpayer has a net capital gain for the taxable year,
the tax imposed by subsection (b) for such taxable year shall not
exceed the sum of--
``(1) the amount determined under subsection (b) computed
at the rate and in the same manner as if this paragraph had not
been enacted on modified taxable income reduced by the lesser
of--
``(A) the net capital gain, or
``(B) the adjusted net capital gain, plus
``(2) 5 percent (0 percent in the case of taxable years
beginning after 2007) of so much of the adjusted net capital
gain (or, if less, modified taxable income) as does not exceed
an amount equal to the excess described in section 1(h)(1)(B),
plus
``(3) 15 percent of the adjusted net capital gain (or, if
less, modified taxable income) in excess of the amount on which
tax is determined under paragraph (2).
Terms used in this paragraph which are also used in section 1(h) shall
have the respective meanings given such terms by section 1(h) but
computed with the adjustments under this section.
``(d) Alternative Taxable Income.--For purposes of this section--
``(1) In general.--The term `alternative taxable income'
means--
``(A) gross income, minus
``(B) the sum of--
``(i) the dependent allowance, plus
``(ii) the alternative standard deduction.
``(2) Dependent allowance.--The dependent allowance is
$12,500 for each dependent (as defined in section 152).
``(3) Alternative standard deduction.--The alternative
standard deduction means--
``(A) $25,000 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)), and
``(B) $12,500 in the case of an individual--
``(i) who is not married and is not a
surviving spouse, or
``(ii) who is a married individual filing a
separate return.
``(e) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2012, each of the dollar
amounts for the rate brackets in subsection (b) and each of the
dollar amounts in subsection (d)(2)(B), (d)(3), and (d)(4)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `calendar year
2011' for `calendar year 1992' in subparagraph (B)
thereof.
``(2) Rounding.--If any amount as adjusted under clause (i)
is not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(b) Conforming Amendment.--The table of sections for part I of
subchapter A of chapter 1 of such Code is amended by striking the item
relating to section 5 and inserting after the item relating to section
4 the following:
``Sec. 5. Simplified Individual Income Tax System.
``Sec. 6. Cross references relating to tax on individuals.''.
(c) Capital Gains and Dividends Rate Made Permanent.--The Jobs and
Growth Tax Relief Reconciliation Act of 2003 is amended by striking
section 303.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
Subtitle B--Capital Gains Inflation Relief Act
SEC. 111. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN
OR LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by redesignating section 1023 as section 1024
and by inserting after section 1022 the following new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(3) Written documentation requirement.--Paragraph (1)
shall apply only with respect to indexed assets for which the
taxpayer has written documentation of the original purchase
price paid or incurred by the taxpayer to acquire such asset.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), or
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) stock of a foreign investment
company,
``(ii) stock in a passive foreign
investment company (as defined in section
1296),
``(iii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2), and
``(iv) stock in a foreign personal holding
company.
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (2) or
(3) of section 857(b) to the extent
attributable to the excess of the net capital
gain over the deduction for dividends paid
determined with reference to capital gain
dividends only. The first sentence of this
clause shall not apply to so much of the amount
subject to tax under section 852(b)(3)(A) as is
designated by the company under section
852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of such Code is amended by striking the item
relating to section 1023 and by inserting after the item relating to
section 1022 the following new item:
``Sec. 1023. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1024. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2010, in taxable years ending after such date.
Subtitle C--Corporate Income Tax Rate Reduction
SEC. 121. REDUCTION OF TOP CORPORATE INCOME TAX RATE TO 25 PERCENT.
(1) In general.--Paragraph (1) of section 11(b) of the
Internal Revenue Code of 1986 is amended by adding ``and'' at
the end of paragraph (1), by striking the comma at the end of
paragraph (2) and inserting a period, and by striking all that
follows paragraph (2).
(2) Conforming amendments.--
(A) Paragraph (2) of section 11(b) of such Code is
amended by striking ``35 percent'' and inserting ``25
percent''.
(B) Section 1201(a) is amended by striking ``35
percent'' each place it appears and inserting ``25
percent''.
(C) Paragraphs (1) and (2) of section 1445(e) are
each amended by striking ``35 percent'' and inserting
``25 percent''.
(3) Effective date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2011.
Subtitle D--Corporate Tax Reform
SEC. 131. RECOVERY OF LOST REVENUE.
The Committee on Ways and Means of the House of Representatives
shall report legislation to the House of Representatives proposing
changes to existing law within the Committee's jurisdiction with
provisions that--
(1) broaden the tax base for the corporate income tax, and
(2) transition to a territorial tax system.
Subtitle E--Freedom to Invest Act
SEC. 141. TEMPORARY DIVIDENDS RECEIVED DEDUCTION ALLOWED FOR 2011 OR
2012.
(a) Election.--Subsection (f) of section 965 of the Internal
Revenue Code of 1986 (relating to election) is amended to read as
follows:
``(f) Election.--The taxpayer may elect to apply this section to--
``(1) the taxpayer's last taxable year which begins before
the date of the enactment of this subsection, or
``(2) the taxpayer's first taxable year which begins during
the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or before
the due date (including extensions) for filing the return of tax for
such taxable year.''.
(b) Limitation.--Paragraph (1) of section 965(b) of such Code is
amended to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all controlled
foreign corporations of the United States shareholder.''.
(c) Failure To Maintain Employment Levels.--Paragraph (4) of
section 965(b) of such Code (relating to limitations) is amended to
read as follows:
``(4) Reduction in benefits for failure to maintain
employment levels.--
``(A) In general.--If, during the period consisting
of the calendar month in which the taxpayer first
receives a distribution described in subsection (a)(1)
and the succeeding 23 calendar months, the taxpayer
does not maintain an average employment level at least
equal to the taxpayer's prior average employment, an
additional amount equal to $25,000 multiplied by the
number of employees by which the taxpayer's average
employment level during such period falls below the
prior average employment (but not exceeding the
aggregate amount allowed as a deduction pursuant to
subsection (a)(1)) shall be taken into income by the
taxpayer during the taxable year that includes the
final day of such period.
``(B) Average employment level.--For purposes of
this paragraph, the taxpayer's average employment level
for a period shall be the average number of full-time
United States employees of the taxpayer, measured at
the end of each month during the period.
``(C) Prior average employment.--For purposes of
this paragraph, the taxpayer's `prior average
employment' shall be the average number of full-time
United States employees of the taxpayer during the
period consisting of the 24 calendar months immediately
preceding the calendar month in which the taxpayer
first receives a distribution described in subsection
(a)(1).
``(D) Full-time united states employee.--For
purposes of this paragraph--
``(i) In general.--The term `full-time
United States employee' means an individual who
provides services in the United States as a
full-time employee, based on the employer's
standards and practices; except that regardless
of the employer's classification of the
employee, an employee whose normal schedule is
40 hours or more per week is considered a full-
time employee.
``(ii) Exception for changes in ownership
of trades or businesses.--Such term does not
include--
``(I) any individual who was an
employee, on the date of acquisition,
of any trade or business acquired by
the taxpayer during the 24-month period
referred to in subparagraph (A); and
``(II) any individual who was an
employee of any trade or business
disposed of by the taxpayer during the
24-month period referred to in
subparagraph (A) or the 24-month period
referred to in subparagraph (C).
``(E) Aggregation rules.--In determining the
taxpayer's average employment level and prior average
employment, all domestic members of a controlled group
shall be treated as a single taxpayer.''.
(d) Threshold Period.--Section 965 of such Code is amended by
striking ``June 30, 2003'' each place it occurs and inserting ``June
30, 2010''.
(e) Base Period.--Paragraph (2) of subsection 965(c) of such Code
is amended by inserting at the end of subparagraph (A) the following
flush sentence: ``For purposes of this paragraph, taxable years shall
not include any year for which an election under section 965 was in
effect.''.
(f) Indebtedness Determination Date.--Subparagraph (B) of section
965(b)(3) of such Code is amended by striking ``October 3, 2004'' and
inserting ``January 19, 2011''.
(g) Conforming Amendments.--
(1) Subsection 965(c) of such Code, as amended by
subsection (e), is amended by striking paragraph (1) and
redesignating paragraphs (2), (3), (4), and (5) as paragraphs
(1), (2), (3), and (4), respectively.
(2) Paragraph 965(c)(4) of such Code, as redesignated by
paragraph (1), is amended to read as follows:
``(4) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a consolidated
return under section 1501 shall be treated as one United States
shareholder.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after the date of the enactment of
this Act.
Subtitle F--Death Tax Repeal Permanency Act
SEC. 151. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Jobs Through Growth Act.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Jobs Through
Growth Act--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B of such Code is amended by adding at the end
the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Jobs Through Growth Act.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 is
amended by adding at the end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 is
amended by adding at the end the following new item:
``Sec. 2664. Termination.''.
(d) Restoration of Pre-EGTRRA Provisions Not Applicable.--
(1) In general.--Section 301 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010 shall not apply to estates of decedents dying, and
transfers made, on or after the date of the enactment of this
Act.
(2) Exception for stepped-up basis.--Paragraph (1) shall
not apply to the provisions of law amended by subtitle E of
title V of the Economic Growth and Tax Relief Reconciliation
Act of 2001 (relating to carryover basis at death; other
changes taking effect with repeal).
(e) Sunset Not Applicable.--
(1) Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to title V of such
Act in the case of estates of decedents dying, and transfers
made, on or after the date of the enactment of this Act.
(2) Section 304 of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 is hereby
repealed.
(f) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after the date of the enactment of this Act.
SEC. 152. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
...............................
``If the amount with respect to which The tentative tax is:
the tentative tax to be computed is:.
Not over $10,000....................... 18% of such amount.
Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess
of $150,000.
Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess
over $250,000.
Over $500,000.......................... $155,800, plus 35% of the
excess of $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511
(relating to transfers in general) is amended by adding at the end the
following new subsection:
``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any
other provision of this section and except as provided in regulations,
a transfer in trust shall be treated as a taxable gift under section
2503, unless the trust is treated as wholly owned by the donor or the
donor's spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--Paragraph (1) of section 2505(a) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $5,000,000, reduced by''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended to
read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to gifts made on or after the date of the enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated as
2 separate calendar years one of which ends on the day before
the date of the enactment of this Act and the other of which
begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this Act is enacted shall be treated
as one preceding calendar period.
TITLE II--RED TAPE REDUCTION
Subtitle A--Regulatory Moratorium
SEC. 201. DEFINITIONS.
In this subtitle--
(1) the term ``agency'' has the meaning given under section
3502(1) of title 44, United States Code;
(2) the term ``regulatory action'' means any substantive
action by an agency that promulgates or is expected to lead to
the promulgation of a final regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking;
(3) the term ``significant regulatory action'' means any
regulatory action that is likely to result in a rule or
guidance that may--
(A) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, small entities, or State, local, or tribal
governments or communities;
(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients thereof; or
(D) raise novel legal or policy issues; and
(4) the term ``small entities'' has the meaning given under
section 601(6) of title 5, United States Code.
SEC. 202. SIGNIFICANT REGULATORY ACTIONS.
(a) In General.--No agency may take any significant regulatory
action, until the Bureau of Labor Statistics average of monthly
unemployment rates for any quarter beginning after the date of
enactment of this Act is equal to or less than 7.7 percent.
(b) Determination.--The Secretary of Labor shall submit a report to
the Director of the Office of Management and Budget whenever the
Secretary determines that the Bureau of Labor Statistics average of
monthly unemployment rates for any quarter beginning after the date of
enactment of this Act is equal to or less than 7.7 percent.
SEC. 203. WAIVERS.
(a) National Security or National Emergency.--The President may
waive the application of section 202 to any significant regulatory
action, if the President--
(1) determines that the waiver is necessary on the basis of
national security or a national emergency; and
(2) submits notification to Congress of that waiver and the
reasons for that waiver.
(b) Additional Waivers.--
(1) Submission.--The President may submit a request to
Congress for a waiver of the application of section 202 to any
significant regulatory action.
(2) Contents.--A submission under this subsection shall
include--
(A) an identification of the significant regulatory
action; and
(B) the reasons which necessitate a waiver for that
significant regulatory action.
(3) Congressional action.--Congress shall give expeditious
consideration and take appropriate legislative action with
respect to any waiver request submitted under this subsection.
SEC. 204. JUDICIAL REVIEW.
(a) Definition.--In this section, the term ``small business'' means
any business, including an unincorporated business or a sole
proprietorship, that employs not more than 500 employees or that has a
net worth of less than $7,000,000 on the date a civil action arising
under this subtitle is filed.
(b) Review.--Any person that is adversely affected or aggrieved by
any significant regulatory action in violation of this subtitle is
entitled to judicial review in accordance with chapter 7 of title 5,
United States Code.
(c) Jurisdiction.--Each court having jurisdiction to review any
significant regulatory action for compliance with any other provision
of law shall have jurisdiction to review all claims under this
subtitle.
(d) Relief.--In granting any relief in any civil action under this
section, the court shall order the agency to take corrective action
consistent with this subtitle and chapter 7 of title 5, United States
Code, including remanding the significant regulatory action to the
agency and enjoining the application or enforcement of that significant
regulatory action, unless the court finds by a preponderance of the
evidence that application or enforcement is required to protect against
an imminent and serious threat to the national security from persons or
states engaged in hostile or military activities against the United
States.
(e) Reasonable Attorney Fees for Small Businesses.--The court shall
award reasonable attorney fees and costs to a substantially prevailing
small business in any civil action arising under this subtitle. A party
qualifies as substantially prevailing even without obtaining a final
judgment in its favor if the agency changes its position as a result of
the civil action.
(f) Limitation on Commencing Civil Action.--A person may seek and
obtain judicial review during the 1-year period beginning on the date
of the challenged agency action or within 90 days after an enforcement
action or notice thereof, except that where another provision of law
requires that a civil action be commenced before the expiration of that
1-year period, such lesser period shall apply.
Subtitle B--Increase of Size of Small Businesses Exempt From Federal
Laws and Regulations
SEC. 211. INCREASE OF SIZE OF SMALL BUSINESSES EXEMPT FROM FEDERAL LAWS
AND REGULATIONS.
Notwithstanding any other provision of law, every exemption from,
or special benefit under, any Federal law or regulation which is
available to any business with 200 or fewer employees shall be
available to every comparable business with 200 or fewer employees. The
preceding sentence shall not apply in any context in which its
application would result in increased eligibility for tax deductions or
credits, or an increase in Federal expenditures.
Subtitle C--The REINS Act
SEC. 221. PURPOSE.
The purpose of this subtitle is to increase accountability for and
transparency in the federal regulatory process. Section 1 of article I
of the United States Constitution grants all legislative powers to
Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, this subtitle will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
American people for the laws imposed upon them.
SEC. 222. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall submit to each House of the Congress and
to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any;
``(ii) the agency's actions pursuant to title 5 of the
United States Code, sections 603, 604, 605, 607, and 609;
``(iii) the agency's actions pursuant to title 2 of the
United States Code, sections 1532, 1533, 1534, and 1535; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall include an
assessment of the agency's compliance with procedural steps required by
paragraph (1)(B).
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
section 801(a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days, or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day, or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced on or after the date on which
the report referred to in section 801(a)(1)(A) is received by Congress
(excluding days either House of Congress is adjourned for more than 3
days during a session of Congress), the matter after the resolving
clause of which is as follows: `That Congress approves the rule
submitted by the _ _ relating to _ _.' (The blank spaces being
appropriately filled in).
``(1) In the House, the majority leader of the House of
Representatives (or his designee) and the minority leader of
the House of Representatives (or his designee) shall introduce
such joint resolution described in subsection (a) (by request),
within 3 legislative days after Congress receives the report
referred to in section 801(a)(1)(A).
``(2) In the Senate, the majority leader of the Senate (or
his designee) and the minority leader of the Senate (or his
designee) shall introduce such joint resolution described in
subsection (a) (by request), within 3 session days after
Congress receives the report referred to in section
801(a)(1)(A).
``(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction
under the rules of the House of Representatives or the Senate to report
a bill to amend the provision of law under which the rule is issued.
``(2) For purposes of this section, the term `submission date'
means the date on which the Congress receives the report submitted
under section 801(a)(1).
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e)(1) In the House of Representatives, if the committee or
committees to which a joint resolution described in subsection (a) has
been referred have not reported it at the end of 15 legislative days
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the resolution
and it shall be placed on the appropriate calendar. A vote on final
passage of the resolution shall be taken on or before the close of the
15th legislative day after the resolution is reported by the committee
or committees to which it was referred, or after such committee or
committees have been discharged from further consideration of the
resolution.
``(2)(A) A motion in the House of Representatives to proceed to the
consideration of a resolution shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a resolution shall
be limited to not more than two hours, which shall be divided equally
between those favoring and those opposing the resolution. A motion to
further limit debate shall not be debatable. No amendment to, or motion
to recommit, the resolution shall be in order. It shall not be in order
to reconsider the vote by which a resolution is agreed to or disagreed
to.
``(C) Motions to postpone, made in the House of Representatives
with respect to the consideration of a resolution, and motions to
proceed to the consideration of other business, shall be decided
without debate.
``(D) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a resolution shall be decided without debate.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply with respect to a joint resolution
described in subsection (a) of the House receiving the joint
resolution--
``(1) the procedure in that House shall be the same as if
no joint resolution had been received from the other House; but
``(2) the vote on final passage shall be on the joint
resolution of the other House.
``(g) The enactment of a resolution of approval does not serve as a
grant or modification of statutory authority by Congress for the
promulgation of a rule, does not extinguish or affect any claim,
whether substantive or procedural, against any alleged defect in a
rule, and shall not form part of the record before the court in any
judicial proceeding concerning a rule.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the _ _ relating to _ _, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(2) For purposes of this section, the term submission or
publication date means the later of the date on which--
``(A) the Congress receives the report submitted under
section 801(a)(1); or
``(B) the nonmajor rule is published in the Federal
Register, if so published.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.
Subtitle D--Small Business Regulatory Freedom
SEC. 231. FINDINGS.
Congress finds the following:
(1) A vibrant and growing small business sector is critical
to the recovery of the economy of the United States.
(2) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities, sometimes inhibiting the ability of small
entities to create new jobs.
(3) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities unnecessary and disproportionately burdensome
demands, including legal, accounting, and consulting costs,
thereby threatening the viability of small entities and the
ability of small entities to compete and create new jobs in a
global marketplace.
(4) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale and
resources of regulated entities, but in many instances have
failed to do so.
(5) In 2009, there were nearly 70,000 pages in the Federal
Register, and, according to research by the Office of Advocacy
of the Small Business Administration, the annual cost of
Federal regulations totals $1,750,000,000,000. Small firms bear
a disproportionate burden, paying approximately 36 percent more
per employee than larger firms in annual regulatory compliance
costs.
(6) All agencies in the Federal Government should fully
consider the costs, including indirect economic impacts and the
potential for job creation and job loss, of proposed rules,
periodically review existing regulations to determine their
impact on small entities, and repeal regulations that are
unnecessarily duplicative or have outlived their stated
purpose.
(7) It is the intention of Congress to amend chapter 6 of
title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking process
and that the agencies assess a full range of alternatives that
will limit adverse economic consequences, enhance economic
benefits, and fully address potential job creation or job loss.
SEC. 232. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY ANALYSES.
Section 601 of title 5, United States Code, is amended by adding at
the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) any direct economic effect of the rule on
small entities; and
``(B) any indirect economic effect on small
entities, including potential job creation or job loss,
that is reasonably foreseeable and that results from
the rule, without regard to whether small entities are
directly regulated by the rule.''.
SEC. 233. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO CHALLENGE PROPOSED
REGULATIONS.
Section 611(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``603,'' after ``601,'';
(2) in paragraph (2), by inserting ``603,'' after ``601,'';
(3) by striking paragraph (3) and inserting the following:
``(3) A small entity may seek such review during the 1-year period
beginning on the date of final agency action, except that--
``(A) if a provision of law requires that an action
challenging a final agency action be commenced before the
expiration of 1 year, the lesser period shall apply to an
action for judicial review under this section; and
``(B) in the case of noncompliance with section 603 or
605(b), a small entity may seek judicial review of agency
compliance with such section before the close of the public
comment period.''; and
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) issuing an injunction prohibiting an agency from
taking any agency action with respect to a rulemaking until
that agency is in compliance with the requirements of section
603 or 605.''.
SEC. 234. PERIODIC REVIEW AND SUNSET OF EXISTING RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a)(1) Not later than 180 days after the date of enactment of the
Jobs Through Growth Act, each agency shall establish a plan for the
periodic review of--
``(A) each rule issued by the agency that the head of the
agency determines has a significant economic impact on a
substantial number of small entities, without regard to whether
the agency performed an analysis under section 604 with respect
to the rule; and
``(B) any small entity compliance guide required to be
published by the agency under section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601
note).
``(2) In reviewing rules and small entity compliance guides under
paragraph (1), the agency shall determine whether the rules and guides
should--
``(A) be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any significant
adverse economic impacts on a substantial number of small
entities (including an estimate of any adverse impacts on job
creation and employment by small entities); or
``(B) continue in effect without change.
``(3) Each agency shall publish the plan established under
paragraph (1) in the Federal Register and on the Web site of the
agency.
``(4) An agency may amend the plan established under paragraph (1)
at any time by publishing the amendment in the Federal Register and on
the Web site of the agency.
``(b)(1) Each plan established under subsection (a) shall provide
for--
``(A) the review of each rule and small entity compliance
guide described in subsection (a)(1) in effect on the date of
enactment of the Jobs Through Growth Act--
``(i) not later than 8 years after the date of
publication of the plan in the Federal Register; and
``(ii) every 8 years thereafter; and
``(B) the review of each rule adopted and small entity
compliance guide described in subsection (a)(1) that is
published after the date of enactment of the Jobs Through
Growth Act--
``(i) not later than 8 years after the publication
of the final rule in the Federal Register; and
``(ii) every 8 years thereafter.
``(2)(A) If an agency determines that the review of the rules and
guides described in paragraph (1)(A) cannot be completed before the
date described in paragraph (1)(A)(i), the agency--
``(i) shall publish a statement in the Federal Register
certifying that the review cannot be completed; and
``(ii) may extend the period for the review of the rules
and guides described in paragraph (1)(A) for a period of not
more than 2 years, if the agency publishes notice of the
extension in the Federal Register.
``(B) An agency shall transmit to the Chief Counsel for Advocacy of
the Small Business Administration and Congress notice of any statement
or notice described in subparagraph (A).
``(c) In reviewing rules under the plan required under subsection
(a), the agency shall consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State and local rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such a calculation cannot be made;
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the impact of the rule, including--
``(A) the estimated number of small entities to
which the rule will apply;
``(B) the estimated number of small entity jobs
that will be lost or created due to the rule; and
``(C) the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule,
including--
``(i) an estimate of the classes of small
entities that will be subject to the
requirement; and
``(ii) the type of professional skills
necessary for preparation of the report or
record.
``(d)(1) Each agency shall submit an annual report regarding the
results of the review required under subsection (a) to--
``(A) Congress; and
``(B) in the case of an agency that is not an independent
regulatory agency (as defined in section 3502(5) of title 44),
the Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget.
``(2) Each report required under paragraph (1) shall include a
description of any rule or guide with respect to which the agency made
a determination of infeasibility under paragraph (5) or (6) of
subsection (c), together with a detailed explanation of the reasons for
the determination.
``(e) Each agency shall publish in the Federal Register and on the
Web site of the agency a list of the rules and small entity compliance
guides to be reviewed under the plan required under subsection (a) that
includes--
``(1) a brief description of each rule or guide;
``(2) for each rule, the reason why the head of the agency
determined that the rule has a significant economic impact on a
substantial number of small entities (without regard to whether
the agency had prepared a final regulatory flexibility analysis
for the rule); and
``(3) a request for comments from the public, the Chief
Counsel for Advocacy of the Small Business Administration, and
the Regulatory Enforcement Ombudsman concerning the enforcement
of the rules or publication of the guides.
``(f)(1) With respect to each agency, not later than 6 months after
each date described in subsection (b)(1), the Chief Counsel for
Advocacy of the Small Business Administration shall determine whether
the agency has completed the review required under subsection (b).
``(2) If, after a review under paragraph (1), the Chief Counsel for
Advocacy of the Small Business Administration determines that an agency
has failed to complete the review required under subsection (b), each
rule issued by the agency that the head of the agency determined under
subsection (a) has a significant economic impact on a substantial
number of small entities shall immediately cease to have effect.''.
SEC. 235. REQUIRING SMALL BUSINESS REVIEW PANELS FOR ALL AGENCIES.
(a) Agencies.--Section 609 of title 5, United States Code, is
amended--
(1) in subsection (b), by striking ``a covered agency''
each place it appears and inserting ``an agency''; and
(2) in subsection (e)(1), by striking ``the covered
agency'' and inserting ``the agency''.
(b) Technical and Conforming Amendments.--
(1) Section 609.--Section 609 of title 5, United States
Code, is amended--
(A) by striking subsection (d), as amended by
section 1100G(a) of Public Law 111-203 (124 Stat.
2112); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Section 603.--Section 603(d) of title 5, United States
Code, as added by section 1100G(b) of Public Law 111-203 (124
Stat. 2112), is amended--
(A) in paragraph (1), by striking ``a covered
agency, as defined in section 609(d)(2)'' and inserting
``the Bureau of Consumer Financial Protection''; and
(B) in paragraph (2), by striking ``A covered
agency, as defined in section 609(d)(2),'' and
inserting ``The Bureau of Consumer Financial
Protection''.
(3) Section 604.--Section 604(a) of title 5, United States
Code, is amended--
(A) by redesignating the second paragraph
designated as paragraph (6) (relating to covered
agencies), as added by section 1100G(c)(3) of Public
Law 111-203 (124 Stat. 2113), as paragraph (7); and
(B) in paragraph (7), as so redesignated--
(i) by striking ``a covered agency, as
defined in section 609(d)(2)'' and inserting
``the Bureau of Consumer Financial
Protection''; and
(ii) by striking ``the agency'' and
inserting ``the Bureau''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act and
apply on and after the designated transfer date established
under section 1062 of Public Law 111-203 (12 U.S.C. 5582).
SEC. 236. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY GUIDANCE
DOCUMENTS.
Section 601(2) of title 5, United States Code, is amended by
inserting after ``public comment'' the following: ``and any significant
guidance document, as defined in the Office of Management and Budget
Final Bulletin for Agency Good Guidance Procedures (72 Fed. Reg. 3432;
January 25, 2007)''.
SEC. 237. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER SMALL
ENTITY IMPACT.
(a) In General.--Section 603(a) of title 5, United States Code, is
amended, in the fifth sentence, by striking ``but only'' and all that
follows through the period at the end and inserting ``but only to the
extent that such interpretative rules, or the statutes upon which such
rules are based, impose on small entities a collection of information
requirement or a recordkeeping requirement.''.
(b) Definitions.--Section 601 of title 5, United States Code, as
amended by section 332 of this title, is amended--
(1) in paragraph (6), by striking ``and'' at the end; and
(2) by striking paragraphs (7) and (8) and inserting the
following:
``(7) the term `collection of information' has the meaning
given that term in section 3502(3) of title 44;
``(8) the term `recordkeeping requirement' has the meaning
given that term in section 3502(13) of title 44; and''.
SEC. 238. MITIGATING PENALTIES ON SMALL ENTITIES.
Section 223 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Public Law 104-121; 110 Stat. 862) is amended by adding at
the end the following:
``(d) Review of Policies and Programs.--
``(1) Review required.--Not later than 6 months after the
date of enactment of this subsection, and every 2 years
thereafter, each agency regulating the activities of small
entities shall review the policy or program established by the
agency under subsection (a) and make any modifications to the
policy or program necessary to comply with the requirements
under this section.
``(2) Report.--Not later than 6 months after the date of
enactment of this subsection, and every 2 years thereafter,
each agency described in paragraph (1) shall submit a report on
the review and modifications required under paragraph (1) to--
``(A) the Committee on Small Business and
Entrepreneurship and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
``(B) the Committee on Small Business and the
Committee on the Judiciary of the House of
Representatives.''.
SEC. 239. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Section 603 of title
5, United States Code, as amended by section 1100G(b) of Public Law
111-203 (124 Stat. 2112), is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or the
reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities, including job creation
and employment by small entities, beyond that already imposed
on the class of small entities by the agency, or the reasons
why such an estimate is not available.''; and
(2) by adding at the end the following:
``(e) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs of the Office of Management
and Budget under Executive Order 12866, if that order requires
the submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is required--
``(A) a reasonable period before publication of the
rule by the agency; and
``(B) in any event, not later than 3 months before
the date on which the agency publishes the rule.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) by inserting ``detailed'' before
``description'' each place it appears;
(B) in paragraph (2)--
(i) by inserting ``detailed'' before
``statement'' each place it appears; and
(ii) by inserting ``(or certification of
the proposed rule under section 605(b))'' after
``initial regulatory flexibility analysis'';
(C) in paragraph (4), by striking ``an
explanation'' and inserting ``a detailed explanation'';
and
(D) in paragraph (6) (relating to a description of
steps taken to minimize significant economic impact),
as added by section 1601 of the Small Business Jobs Act
of 2010 (Public Law 111-240; 124 Stat. 2251), by
inserting ``detailed'' before ``statement''.
(2) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall--
``(1) make copies of the final regulatory flexibility
analysis available to the public, including by publishing the
entire final regulatory flexibility analysis on the Web site of
the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary of the analysis that
includes the telephone number, mailing address, and address of
the Web site where the complete final regulatory flexibility
analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of title 5,
United States Code, is amended to read as follows:
``(a) A Federal agency shall be deemed to have satisfied a
requirement regarding the content of a regulatory flexibility agenda or
regulatory flexibility analysis under section 602, 603, or 604, if the
Federal agency provides in the agenda or regulatory flexibility
analysis a cross-reference to the specific portion of an agenda or
analysis that is required by another law and that satisfies the
requirement under section 602, 603, or 604.''.
(d) Certifications.--Section 605(b) of title 5, United States Code,
is amended, in the second sentence, by striking ``statement providing
the factual'' and inserting ``detailed statement providing the factual
and legal''.
(e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule, including an estimate of
the potential for job creation or job loss, and alternatives to
the proposed or final rule; or
``(2) a more general descriptive statement regarding the
potential for job creation or job loss and a detailed statement
explaining why quantification under paragraph (1) is not
practicable or reliable.''.
SEC. 240. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT DURING
THE RULEMAKING PROCESS.
Section 605(b) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If, after publication of the certification required under
paragraph (1), the head of the agency determines that there will be a
significant economic impact on a substantial number of small entities,
the agency shall comply with the requirements of section 603 before the
publication of the final rule, by--
``(A) publishing an initial regulatory flexibility analysis
for public comment; or
``(B) re-proposing the rule with an initial regulatory
flexibility analysis.
``(3) The head of an agency may not make a certification relating
to a rule under this subsection, unless the head of the agency has
determined--
``(A) the average cost of the rule for small entities
affected or reasonably presumed to be affected by the rule;
``(B) the number of small entities affected or reasonably
presumed to be affected by the rule; and
``(C) the number of affected small entities for which that
cost will be significant.
``(4) Before publishing a certification and a statement providing
the factual basis for the certification under paragraph (1), the head
of an agency shall--
``(A) transmit a copy of the certification and statement to
the Chief Counsel for Advocacy of the Small Business
Administration; and
``(B) consult with the Chief Counsel for Advocacy of the
Small Business Administration on the accuracy of the
certification and statement.''.
SEC. 241. QUALIFICATIONS OF THE CHIEF COUNSEL FOR ADVOCACY AND
AUTHORITY FOR THE OFFICE OF ADVOCACY.
(a) Qualifications of Chief Counsel for Advocacy.--Section 201 of
Public Law 94-305 (15 U.S.C. 634a) is amended by adding at the end the
following: ``The Chief Counsel for Advocacy shall be an attorney with
business experience and expertise in or knowledge of the regulatory
process.''.
(b) Additional Powers of Office of Advocacy.--Section 203 of Public
Law 94-305 (15 U.S.C. 634c) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) at the discretion of the Chief Counsel for Advocacy,
comment on regulatory action by an agency that affects small
businesses, without regard to whether the agency is required to
file a notice of proposed rulemaking under section 553 of title
5, United States Code, with respect to the action.''.
SEC. 242. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Heading.--Section 605 of title 5, United States Code, is
amended in the section heading by striking ``Avoidance'' and all that
follows and inserting the following: ``Incorporations by reference and
certification.''.
(b) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:
``605. Incorporations by reference and certifications.'';
and
(2) by striking the item relating to section 607 inserting
the following:
``607. Quantification requirements.''.
Subtitle E--Small Business Freedom of Commerce Act
SEC. 251. SMALL BUSINESS EXEMPTIONS.
(a) Election.--Notwithstanding any other provision of law, a small
business concern operating in the United States may elect to be exempt
from any Federal rule or regulation issued on or after January 1, 2008.
(b) Process for Exemption.--
(1) Notification of federal agency.--To be exempt from a
rule or regulation under this section, the highest ranking
official of a small business concern shall provide to the
Federal agency that issued such rule or regulation written
notice that the small business concern has elected to be exempt
from such rule or regulation.
(2) Timing.--A small business concern shall be exempt from
a rule or regulation beginning on the date that is 30 days
after the date that written notice provided by such concern
under paragraph (1), with respect to such rule or regulation,
is received by the applicable Federal agency.
(3) Confirmation of written notice.--Not later than 7 days
after receiving a written notice under paragraph (1), the head
of the Federal agency that received such notice shall provide
to the applicable small business concern written confirmation
that such notice has been received.
(c) Notification of Public.--A small business concern that is
exempt from a Federal rule or regulation under this section shall--
(1) label any product of the concern affected by such
exemption in a manner that provides notice that the product is
no longer subject to such rule or regulation; and
(2) include in any communication of the concern relating to
a product or activity affected by such exemption notice that
the product or activity is no longer subject to such rule or
regulation.
(d) Penalties.--A small business concern that fails to satisfy any
requirement under this section shall be subject to penalties for
noncompliance with an applicable Federal rule or regulation without
regard to any election of the small business concern to be exempt from
such rule or regulation.
(e) Limitations.--A small business concern may not elect to be
exempt under this section from a rule or regulation issued by the
Department of Defense or the Department of Homeland Security, if the
Secretary of Defense or the Secretary of Homeland Security has
determined that such rule or regulation is necessary for the security
of the United States.
(f) Definitions.--In this section, the following definitions apply:
(1) Federal agency.--The term ``Federal agency'' means any
department, agency, or independent establishment of the Federal
Government.
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
TITLE III--AMERICAN ENERGY PRODUCTION
Subtitle A--End of Presidential Permatorium on America's Outer
Continental Shelf Resources
SEC. 301. DEADLINE FOR CERTAIN PERMIT APPLICATIONS UNDER EXISTING
LEASES.
(a) In General.--A lease under which a covered application is
submitted to the Secretary of the Interior shall be considered to be in
directed suspension during the period beginning May 27, 2010, and
ending on the date the Secretary issues a final decision on the
application, if the Secretary does not issue a final decision on the
application--
(1) before the end of the 30-day period beginning on the
date of enactment of this Act, in the case of a covered
application submitted before such date of enactment; or
(2) before the end of the 30-day period beginning on the
date the application is received by the Secretary, in the case
of a covered application submitted on or after such date of
enactment.
(b) Covered Application.--In this section the term ``covered
application'' means an application for a permit to drill under an oil
and gas lease under the Outer Continental Shelf Lands Act in effect on
the date of enactment of this Act, that--
(1) represents a resubmission of an approved permit to
drill (including an application for a permit to sidetrack) that
was approved by the Secretary before May 27, 2010; and
(2) is received by the Secretary after October 12, 2010,
and before the end of the 30-day period beginning on the date
of enactment of this Act.
CHAPTER 1--OUTER CONTINENTAL SHELF
SEC. 311. END MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE
GULF OF MEXICO.
(a) Repeal of Moratorium.--
(1) Repeal.--Subsection (a) of section 104 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public
Law 109-432) is repealed.
(2) National defense area.--Section 12(d) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341(d)) is amended--
(A) by striking ``(d) The United States'' and
inserting the following:
``(d) Restriction of Areas for National Defense.--
``(1) In general.--The United States''; and
(B) by adding at the end the following:
``(2) Review.--Annually, the Secretary of Defense shall
review the areas of the outer Continental Shelf that have been
designated as restricted from exploration and operation to
determine whether the areas should remain under restriction.''.
(b) Leasing of Moratorium Areas.--
(1) In general.--As soon as practicable, but not later than
1 year, after the date of enactment of this Act, the Secretary
of the Interior shall offer for leasing under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), any areas
made available for leasing as a result of the enactment of
subsection (a).
(2) Leasing plan.--Any areas made available for leasing
under paragraph (1) shall be offered for lease under this
section notwithstanding the omission of any of these respective
areas from the applicable 5-year plan developed by the
Secretary pursuant to section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344).
(c) Military Mission.--Section 104 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is
further amended--
(1) by striking ``(b) Military Mission Line.--
Notwithstanding subsection (a), the'' and inserting ``(a)
Military Mission.--The'';
(2) by redesignating subsection (c) as subsection (b);
(3) in subsection (b)(1), as so redesignated, by striking
``paragraph (2) or (3) of subsection (a)'' and inserting
``paragraph (5)''; and
(4) in subsection (b), as so redesignated, by adding at the
end the following:
``(5) Areas described.--The areas referred to in paragraph
(1) are--
``(A) any area in the Eastern Planning Area that is
within 125 miles of the coastline of the State of
Florida; and
``(B) any area in the Central Planning Area that
is--
``(i) within--
``(I) the 181 Area; and
``(II) 100 miles of the coastline
of the State of Florida; or
``(ii)(I) outside the 181 Area;
``(II) east of the western edge of
the Pensacola Official Protraction
Diagram (UTM X coordinate 1,393,920
(NAD 27 feet)); and
``(III) within 100 miles of the
coastline of the State of Florida.''.
SEC. 312. OUTER CONTINENTAL SHELF DIRECTED LEASE SALES.
(a) 209 Lease Sale.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall offer the Beaufort Sea Program
Area for oil and gas leasing pursuant to the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007-
2012 Lease Sale Schedule.
(b) 210 Lease Sale.--The Secretary shall offer the Western Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(c) 212 Lease Sale.--The Secretary shall offer the Chukchi Sea
Program Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the
2007-2012 Lease Sale Schedule.
(d) 213 Lease Sale.--The Secretary shall offer the Central Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(e) 215 Lease Sale.--The Secretary shall offer the Western Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(f) 216 Lease Sale.--The Secretary shall offer the Central Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(g) 217 Lease Sale.--The Secretary shall offer the Beaufort Sea
Program Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the
2007-2012 Lease Sale Schedule.
(h) 214 Lease Sale.--The Secretary shall offer the North Aleutian
Basin Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(i) 218 Lease Sale.--The Secretary shall offer the Western Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as
established in the 2007-2012 Lease Sale Schedule.
(j) 219 Lease Sale.--The Secretary shall offer the Cook Inlet
Program Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the
2007-2012 Lease Sale Schedule.
(k) 220 Lease Sale.--The Secretary shall offer the Mid-Atlantic
Program Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the
2007-2012 Lease Sale Schedule.
(l) 221 Lease Sale.--The Secretary shall offer the Chukchi Sea
Program Area for oil and gas leasing pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as established in the
2007-2012 Lease Sale Schedule.
(m) 222 Lease Sale.--The Secretary shall offer the Central Gulf of
Mexico Program Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as
established in the 2007-2012 Lease Sale Schedule.
SEC. 313. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General.--The Draft Proposed Outer Continental Shelf Oil and
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior
(referred to in this section as the ``Secretary'') under section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to
have been approved by the Secretary as a final oil and gas leasing
program under that section.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact statement for
the program described in subsection (a) in accordance with all of the
requirements of sections 18, 19, and 20 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344, 1345, and 1346), in accordance with all
requirements under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and in accordance with all
requirements of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.).
SEC. 314. OUTER CONTINENTAL SHELF LEASE SALES.
(a) Requirement To Conduct Lease Sales.--
(1) In general.--Except as provided in paragraph (2), not
later than one year after the date of enactment of this Act and
annually thereafter, the Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct at a
minimum one lease sale in an Atlantic Planning Area, one lease
sale in the Pacific Planning Area, one lease sale in the Alaska
Planning Area, and three lease sales in a Gulf of Mexico
Planning Area for which the Secretary determines that there is
a commercial interest in purchasing Federal oil and gas leases
for production on the outer Continental Shelf.
(2) Subsequent determinations and sales.--If the Secretary
determines that there is not a commercial interest in
purchasing Federal oil and gas leases for production on the
outer Continental Shelf in a planning area under this
subsection, not later than 2 years after the date of enactment
of the determination and every 2 years thereafter, the
Secretary shall--
(A) determine whether there is a commercial
interest in purchasing Federal oil and gas leases for
production on the outer Continental Shelf in the
planning area; and
(B) if the Secretary determines that there is a
commercial interest described in subparagraph (A),
conduct a lease sale in the planning area.
(b) Leasing Plan.--Any areas made available for leasing under
subsection (a) shall be offered for lease under this section
notwithstanding the omission of any of these respective areas from the
applicable 5-year plan developed by the Secretary pursuant to section
18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).
SEC. 315. RESTRICTIONS ON LEASING OF THE OUTER CONTINENTAL SHELF.
(a) State Opt-Out.--No lease authorizing a permanent surface energy
project for the exploration, development, or production of oil or gas
may be issued for any area of the Outer Continental Shelf located
within 10 miles of the coastline of a State if the State has notified
the Secretary of the Interior that the State does not want to
participate in such leasing.
(b) Existing Leases Not Affected.--This section shall not affect
any lease issued before the date of enactment of this Act.
SEC. 316. SHARING OF OCS RECEIPTS WITH STATES AND LOCAL GOVERNMENTS.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended as follows:
(1) By designating the existing text as subsection (a).
(2) In subsection (a) (as so designated) by inserting ``,
if not paid as otherwise provided in this title'' after
``receipts''.
(3) By adding the following:
``(b) Treatment of OCS Receipts.--
``(1) Deposit.--The Secretary shall deposit into a separate
account in the Treasury the portion of OCS Receipts for each
fiscal year that will be shared under paragraph (2).
``(2) Immediate receipts sharing.--Beginning October 1,
2012, the Secretary shall share 50 percent of OCS Receipts
derived from all leases, except that the Secretary shall only
share 25 percent of such OCS Receipts derived from all such
leases within a State's Adjacent Zone if leasing is not allowed
within at least 25 percent of that State's Adjacent Zone
located completely within 75 miles of any coastline.
``(3) Allocations.--The Secretary shall allocate the OCS
Receipts deposited into the separate account established by
paragraph (1) that are shared under paragraph (2) as follows:
``(A) Bonus bids.--Deposits derived from bonus bids
from a leased tract, including interest thereon, shall
be allocated at the end of each fiscal year to the
Adjacent State.
``(B) Royalties.--Deposits derived from royalties
and net profit shares from a leased tract, including
interest thereon, shall be allocated at the end of each
fiscal year as follows:
``(i) Fifty percent to the Adjacent State.
``(ii) Fifty percent to all States,
including the Adjacent State, having a
coastline point within 300 miles of the leased
tract, divided equally, if such State allows
leasing within at least 25 percent of its
Adjacent Zone within 75 miles of the coastline.
``(C) Limitation if not admitted to the union as a
state.--Any entity defined as a `State' under section
2(r), that has not been admitted to the Union as a
State shall only be entitled to one-half of a State
share under this paragraph.
``(c) Transmission of Allocations.--
``(1) In general.--Not later than 90 days after the end of
each fiscal year, the Secretary shall transmit--
``(A) to each State 60 percent of such State's
allocations under subsections (b)(2), (b)(3)(A), and
(b)(3)(B) (i) and (ii) for the immediate prior fiscal
year; and
``(B) to each coastal county-equivalent and
municipal political subdivisions of such State a total
of 40 percent of such State's allocations under
subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and
(ii), for the immediate prior fiscal year, together
with all accrued interest thereon.
``(2) Allocations to coastal county-equivalent political
subdivisions.--The Secretary shall make an initial allocation
of the OCS Receipts to be shared under paragraph (1)(B) as
follows:
``(A) Twenty-five percent shall be allocated to
coastal county-equivalent political subdivisions that
are completely more than 25 miles landward of the
coastline and at least a part of which lies not more
than 75 miles landward from the coastline, with the
allocation among such coastal county-equivalent
political subdivisions based on population.
``(B) Seventy-five percent shall be allocated to
coastal county-equivalent political subdivisions that
are completely or partially less than 25 miles landward
of the coastline, with the allocation among such
coastal county-equivalent political subdivisions to be
further allocated as follows:
``(i) Twenty-five percent shall be
allocated based on the ratio of such coastal
county-equivalent political subdivision's
population to the coastal population of all
coastal county-equivalent political
subdivisions in the State.
``(ii) Twenty-five percent shall be
allocated based on the ratio of such coastal
county-equivalent political subdivision's
coastline miles to the coastline miles of all
coastal county-equivalent political
subdivisions in the State as calculated by the
Secretary. In such calculations, coastal
county-equivalent political subdivisions
without a coastline shall be considered to have
50 percent of the average coastline miles of
the coastal county-equivalent political
subdivisions that do have coastlines.
``(iii) Fifty percent shall be allocated
equally to all coastal county-equivalent
political subdivisions having a coastline point
within 300 miles of the leased tract for which
OCS Receipts are being shared.
``(3) Allocations to coastal municipal political
subdivisions.--The initial allocation to each coastal county-
equivalent political subdivision under paragraph (2) shall be
further allocated to the coastal county-equivalent political
subdivision and any coastal municipal political subdivisions
located partially or wholly within the boundaries of the
coastal county-equivalent political subdivision as follows:
``(A) One-third shall be allocated to the coastal
county-equivalent political subdivision.
``(B) Two-thirds shall be allocated on a per capita
basis to the municipal political subdivisions and the
county-equivalent political subdivision, with the
allocation to the latter based upon its population not
included within the boundaries of a municipal political
subdivision.
``(d) Investment of Deposits.--Amounts deposited under this section
shall be invested by the Secretary of the Treasury in securities backed
by the full faith and credit of the United States having maturities
suitable to the needs of the account in which they are deposited and
yielding the highest reasonably available interest rates as determined
by the Secretary of the Treasury.
``(e) Use of Funds.--A recipient of funds under this section may
use the funds for one or more of the following:
``(1) To reduce in-State college tuition at public
institutions of higher learning and otherwise support public
education, including career technical education.
``(2) To make transportation infrastructure improvements.
``(3) To reduce taxes.
``(4) To promote, fund, and provide for--
``(A) coastal or environmental restoration;
``(B) fish, wildlife, and marine life habitat
enhancement;
``(C) waterways construction and maintenance;
``(D) levee construction and maintenance and shore
protection; and
``(E) marine and oceanographic education and
research.
``(5) To promote, fund, and provide for--
``(A) infrastructure associated with energy
production activities conducted on the outer
Continental Shelf;
``(B) energy demonstration projects;
``(C) supporting infrastructure for shore-based
energy projects;
``(D) State geologic programs, including geologic
mapping and data storage programs, and State
geophysical data acquisition;
``(E) State seismic monitoring programs, including
operation of monitoring stations;
``(F) development of oil and gas resources through
enhanced recovery techniques;
``(G) energy efficiency and conservation programs;
and
``(H) front-end engineering and design for
facilities that produce liquid fuels from hydrocarbons
and other biological matter.
``(6) To promote, fund, and provide for--
``(A) historic preservation programs and projects;
``(B) natural disaster planning and response; and
``(C) hurricane and natural disaster insurance
programs.
``(7) For any other purpose as determined by State law.
``(f) No Accounting Required.--No recipient of funds under this
section shall be required to account to the Federal Government for the
expenditure of such funds, except as otherwise may be required by law.
However, States may enact legislation providing for accounting for and
auditing of such expenditures. Further, funds allocated under this
section to States and political subdivisions may be used as matching
funds for other Federal programs.
``(g) Effect of Future Laws.--Enactment of any future Federal
statute that has the effect, as determined by the Secretary, of
restricting any Federal agency from spending appropriated funds, or
otherwise preventing it from fulfilling its pre-existing
responsibilities as of the date of enactment of the statute, unless
such responsibilities have been reassigned to another Federal agency by
the statute with no prevention of performance, to issue any permit or
other approval impacting on the OCS oil and gas leasing program, or any
lease issued thereunder, or to implement any provision of this Act
shall automatically prohibit any sharing of OCS Receipts under this
section directly with the States, and their coastal political
subdivisions, for the duration of the restriction. The Secretary shall
make the determination of the existence of such restricting effects
within 30 days of a petition by any outer Continental Shelf lessee or
producing State.
``(h) Definitions.--In this section:
``(1) Coastal county-equivalent political subdivision.--The
term `coastal county-equivalent political subdivision' means a
political jurisdiction immediately below the level of State
government, including a county, parish, borough in Alaska,
independent municipality not part of a county, parish, or
borough in Alaska, or other equivalent subdivision of a coastal
State, that lies within the coastal zone.
``(2) Coastal municipal political subdivision.--The term
`coastal municipal political subdivision' means a municipality
located within and part of a county, parish, borough in Alaska,
or other equivalent subdivision of a State, all or part of
which coastal municipal political subdivision lies within the
coastal zone.
``(3) Coastal population.--The term `coastal population'
means the population of all coastal county-equivalent political
subdivisions, as determined by the most recent official data of
the Census Bureau.
``(4) Coastal zone.--The term `coastal zone' means that
portion of a coastal State, including the entire territory of
any coastal county-equivalent political subdivision at least a
part of which lies, within 75 miles landward from the
coastline, or a greater distance as determined by State law
enacted to implement this section.
``(5) Bonus bids.--The term `bonus bids' means all funds
received by the Secretary to issue an outer Continental Shelf
minerals lease.
``(6) Royalties.--The term `royalties' means all funds
received by the Secretary from production of oil or natural
gas, or the sale of production taken in-kind, or from net
profit shares, from an outer Continental Shelf minerals lease.
``(7) Producing state.--The term `producing State' means an
Adjacent State having an Adjacent Zone containing leased tracts
from which OCS Receipts were derived.
``(8) OCS receipts.--The term `OCS Receipts' means bonus
bids and royalties, excluding royalties from leases amended
under the authority of section 8(s) of this Act.''.
CHAPTER 2--ARCTIC COASTAL PLAIN
SEC. 321. DEFINITIONS.
In this chapter:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area identified as the ``1002 Coastal Plain Area'' on the map.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to
section 1002 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary), acting
through the Director of the Bureau of Land Management, in
consultation with the Director of the United States Fish and
Wildlife Service.
SEC. 322. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General.--The Secretary shall take such actions as are
necessary--
(1) to establish and implement, in accordance with this
chapter, a competitive oil and gas leasing program that will
result in an environmentally sound program for the exploration,
development, and production of the oil and gas resources of the
Coastal Plain; and
(2) to administer this chapter through regulations, lease
terms, conditions, restrictions, prohibitions, stipulations,
and other provisions that require the application of the best
commercially available technology for oil and gas exploration,
development, and production to all exploration, development,
and production operations under this chapter in a manner that
ensures the receipt of fair market value by the public for the
mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(3) Compliance with nepa for other actions.--
(A) In general.--Before conducting the first lease
sale under this chapter, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this chapter that are not referred to in paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not be required--
(i) to identify nonleasing alternative
courses of action; or
(ii) to analyze the environmental effects
of those courses of action.
(C) Identification of preferred action.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall--
(i) identify only a preferred action and a
single leasing alternative for the first lease
sale authorized under this chapter; and
(ii) analyze the environmental effects and
potential mitigation measures for those 2
alternatives.
(D) Public comments.--In carrying out this
paragraph, the Secretary shall consider only public
comments that are filed not later than 20 days after
the date of publication of a draft environmental impact
statement.
(E) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this chapter.
(c) Relationship to State and Local Authority.--Nothing in this
chapter expands or limits any State or local regulatory authority.
(d) Special Areas.--
(1) Designation.--
(A) In general.--The Secretary, after consultation
with the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, may designate
not more than 45,000 acres of the Coastal Plain as a
special area if the Secretary determines that the
special area would be of such unique character and
interest as to require special management and
regulatory protection.
(B) Sadlerochit spring area.--The Secretary shall
designate as a special area in accordance with
subparagraph (A) the Sadlerochit Spring area,
comprising approximately 4,000 acres as depicted on the
map.
(2) Management.--The Secretary shall manage each special
area designated under this subsection in a manner that
preserves the unique and diverse character of the area,
including fish, wildlife, subsistence resources, and cultural
values of the area.
(3) Exclusion from leasing or surface occupancy.--
(A) In general.--The Secretary may exclude any
special area designated under this subsection from
leasing.
(B) No surface occupancy.--If the Secretary leases
all or a portion of a special area for the purposes of
oil and gas exploration, development, production, and
related activities, there shall be no surface occupancy
of the land comprising the special area.
(4) Directional drilling.--Notwithstanding any other
provision of this subsection, the Secretary may lease all or a
portion of a special area under terms that permit the use of
horizontal drilling technology from sites on leases located
outside the special area.
(e) Limitation on Closed Areas.--The Secretary may not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this chapter.
(f) Regulations.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to carry out this chapter,
including rules and regulations relating to protection of the
fish and wildlife, fish and wildlife habitat, subsistence
resources, and environment of the Coastal Plain.
(2) Revision of regulations.--The Secretary shall
periodically review and, as appropriate, revise the rules and
regulations issued under paragraph (1) to reflect any
significant biological, environmental, scientific or
engineering data that come to the attention of the Secretary.
SEC. 323. LEASE SALES.
(a) In General.--Land may be leased pursuant to this chapter to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after that nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this chapter shall
be by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this chapter, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 22 months after the date of enactment of
this Act, conduct the first lease sale under this chapter;
(2) not later than 90 days after the date of the completion
of the sale, evaluate the bids in the sale and issue leases
resulting from the sale; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 324. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--On payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 323 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this chapter may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 325. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this chapter shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted by the lessee or by any of the
subcontractors or agents of the lessee;
(3) provide that the lessee may not delegate or convey, by
contract or otherwise, that reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(4) provide that the standard of reclamation for land
required to be reclaimed under this chapter shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) on application by the lessee, to a higher or
better standard, as approved by the Secretary;
(5) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
322(a)(2);
(6) provide that each lessee, and each agent and contractor
of a lessee, use their best efforts to provide a fair share of
employment and contracting for Alaska Natives and Alaska Native
Corporations from throughout the State of Alaska, as determined
by the level of obligation previously agreed to in the Federal
Agreement; and
(7) contain such other provisions as the Secretary
determines to be necessary to ensure compliance with this
chapter and the regulations promulgated under this chapter.
SEC. 326. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaints.--
(1) Deadline.--A complaint seeking judicial review of a
provision of this chapter or an action of the Secretary under
this chapter shall be filed--
(A) except as provided in subparagraph (B), during
the 90-day period beginning on the date on which the
action being challenged was carried out; or
(B) in the case of a complaint based solely on
grounds arising after the 90-day period described in
subparagraph (A), by not later than 90 days after the
date on which the complainant knew or reasonably should
have known about the grounds for the complaint.
(2) Venue.--A complaint seeking judicial review of a
provision of this chapter or an action of the Secretary under
this chapter shall be filed in the United States District Court
for the District of Columbia.
(3) Scope.--
(A) In general.--Judicial review of a decision of
the Secretary relating to a lease sale under this
chapter (including an environmental analysis of such a
lease sale) shall be--
(i) limited to a review of whether the
decision is in accordance with this chapter;
and
(ii) based on the administrative record of
the decision.
(B) Presumptions.--Any identification by the
Secretary of a preferred course of action relating to a
lease sale, and any analysis by the Secretary of
environmental effects, under this chapter shall be
presumed to be correct unless proven otherwise by clear
and convincing evidence.
(b) Limitation on Other Review.--Any action of the Secretary that
is subject to judicial review under this section shall not be subject
to judicial review in any civil or criminal proceeding for enforcement.
(c) Relationship to Other Provisions.--Subchapter B of chapter 2
shall not affect the application of this section.
SEC. 327. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General.--The Secretary shall issue rights-of-way and
easements across the Coastal Plain for the transportation of oil and
gas--
(1) except as provided in paragraph (2), under section 28
of the Mineral Leasing Act (30 U.S.C. 185), without regard to
title XI of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170, 3171).
(b) Regulations.--The Secretary shall include in regulations under
section 322(f) provisions granting rights-of-way and easements
described in subsection (a).
SEC. 328. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983.
Subtitle B--Revocation of Energy-Restricting BLM Lockup
SEC. 331. REVOCATION OF SECRETARIAL ORDER NO. 3310.
Secretarial Order No. 3310, dated December 22, 2010, relating to
protecting wilderness characteristics on lands managed by the Bureau of
Land Management is hereby revoked.
CHAPTER 1--EXPEDITED SHALE LEASING OF FEDERAL LANDS
SEC. 341. OPENING OF LANDS TO OIL SHALE LEASING.
(a) Repeal of Limitation on Use of Funds.--Section 433 of division
F of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2152) is repealed.
(b) Issuance of Regulations.--The Secretary of the Interior shall
issue all regulations necessary to implement section 369 of the Energy
Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15927) with respect to
oil shale by not later than 60 days after the date of the enactment of
this Act. Such regulations shall include such safeguards and assurances
as the Secretary considers necessary to allow States to exercise their
regulatory and statutory authorities under State law, consistent with
otherwise applicable Federal law.
(c) Leasing of Oil Shale Resource.--Immediately after issuing
regulations under subsection (b), the Secretary of the Interior shall--
(1) offer for leasing for research and development of oil
shale resources under subsection (c) of section 369 of the
Energy Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15927),
additional 160-acre tracts of lands the Secretary considers
necessary to fulfill the research and development objectives of
such Act; and
(2) offer for leasing for commercial exploration,
development, and production of oil shale resources under
subsection (e) of such section, public lands in States for
which the Secretary finds sufficient support and interest as
required by that subsection.
CHAPTER 2--JUDICIAL REVIEW REGARDING ENERGY PROJECTS
SEC. 351. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO
COVERED ENERGY PROJECTS.
Notwithstanding any other provision of law, the United States
District Court for the District of Columbia shall have exclusive
jurisdiction to hear all causes and claims under this subtitle or any
other provision of law that arise from any covered energy project.
SEC. 352. TIME FOR FILING COMPLAINT.
All causes and claims referred to in section 351 must be filed not
later than the end of the 60-day period beginning on the date of the
action or decision by a Federal official that constitutes the covered
energy project concerned. Any cause or claim not filed within that time
period shall be barred.
SEC. 353. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.
(a) In General.--All proceedings that are subject to section 351--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 354. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 351 may be
reviewed by no other court except the Supreme Court.
SEC. 355. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 354, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 356. COVERED ENERGY PROJECT DEFINED.
In this chapter, the term ``covered energy project'' means any
action or decision by the President or a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease.
SEC. 357. LIMITATION ON APPLICATION.
This chapter shall not apply with respect to a covered energy
project to the extent such application would be inconsistent with
chapter 3.
CHAPTER 3--PERMITTING REFORM
SEC. 361. PURPOSES.
The purposes of this chapter are to--
(1) respond to the Nation's increased need for domestic
energy resources;
(2) facilitate interagency coordination and cooperation in
the processing of permits required to support oil and gas use
authorization on Federal lands, both onshore and on the Outer
Continental Shelf, in order to achieve greater consistency,
certainty, and timeliness in permit processing requirements;
(3) promote process streamlining and increased interagency
efficiency, including elimination of interagency duplication of
effort;
(4) improve information sharing among agencies and
understanding of respective agency roles and responsibilities;
(5) promote coordination with State agencies with expertise
and responsibilities related to Federal oil and gas permitting
decisions;
(6) promote responsible stewardship of Federal oil and gas
resources;
(7) maintain high standards of safety and environmental
protection; and
(8) enhance the benefits to Federal permitting already
occurring as a result of a coordinated and timely interagency
process for oil and gas permit review for certain Federal oil
and gas leases.
SEC. 362. FEDERAL COORDINATOR.
(a) Establishment.--There is established, as an independent agency
in the Executive Branch, the Office of the Federal Oil and Gas Permit
Coordinator.
(b) Federal Permit Coordinator.--The Office shall be headed by a
Federal Permit Coordinator, who shall be appointed by the President
within 90 days after the date of enactment of this Act.
(c) Duties.--The Federal Permit Coordinator shall be responsible
for the following:
(1) Coordinating the timely completion of all permitting
activities by Federal agencies, and State agencies to the
maximum extent practicable, with respect to any oil and gas
project under a Federal lease issued pursuant to the mineral
leasing laws, either onshore or on the Outer Continental Shelf.
For purposes of this chapter only, such oil and gas projects
shall include oil shale projects under Federal oil shale
leases.
(2) Ensuring the compliance of Federal agencies, and State
agencies to the extent they participate, with this chapter.
SEC. 363. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.
(a) Regional Offices.--Within 90 days after the date of appointment
of the Federal Permit Coordinator, the Secretary of the Interior
(Secretary), in consultation with the Federal Permit Coordinator, shall
establish regional offices to coordinate review of Federal permits for
oil and gas projects on Federal lands onshore and on the Outer
Continental Shelf.
(b) Number and Location of Regional Offices.--The number of
regional offices shall be established by the Secretary in consultation
with the Federal Permit Coordinator. The Secretary shall ensure that
there is an adequate number of offices in each region proximate to
available Federal oil and gas lease tracts onshore and on the Outer
Continental Shelf to meet the demands for expeditious permitting in
that region. The Secretary shall designate as regional offices under
this section all offices established under section 365 of the Energy
Policy Act of 2005 (42 U.S.C. 15924).
(c) Memorandum of Understanding.--Within 90 days after the
appointment of the Federal Permit Coordinator, the Federal Permit
Coordinator, the Secretary, the Secretary of Agriculture, the Secretary
of Commerce, the Secretary of Homeland Security, the Administrator of
the Environmental Protection Agency, the Secretary of Defense, and the
head of any other Federal agency with responsibilities related to
permitting of Federal oil and gas leases, shall enter into a memorandum
of understanding (MOU) establishing respective duties and
responsibilities for staffing the regional offices and accomplishing
the objectives of this section.
(d) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
signing of the MOU under subsection (c), all Federal signatory
agencies shall assign to each regional office the appropriate
employees with expertise in the oil and gas permitting issues
relating to that office, including, but not limited, with
respect to--
(A) consultation and preparation of biological
opinions under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.);
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) (NEPA);
(F) applications for permits to drill under the
Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(G) exploration plans and development and
production plans under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.).
(2) Preference and incentives.--To the maximum extent
practicable, for purposes of this subsection, Federal agencies
shall give preference to employees volunteering for
reassignment to the regional offices, and shall offer
incentives to attract and retain regional office employees,
including, but not limited to, retaining contract employees,
rotational assignments, salary incentives of up to 120 percent
of an employee's existing salary immediately prior to
reassignment, or any combination of strategies.
(e) Duties.--Each employee assigned under subsection (d) shall--
(1) within 90 days after the date of assignment, report to
the regional office to which the employee is assigned;
(2) be responsible for all issues relating to the
jurisdiction of the home office or agency of the employee; and
(3) participate as part of the team working on proposed oil
and gas projects, planning, and environmental analyses.
(f) Creation of and Delegation of Authority to Regional Permit
Coordinators.--The Federal Permit Coordinator shall appoint a Regional
Permit Coordinator to be located within each regional office
established under this section, with full authority to act on behalf of
the Federal Permit Coordinator.
(g) Additional Personnel.--The Federal Permit Coordinator or
Regional Permit Coordinators may at any time direct that any Federal
agency party to the MOU under subsection (c) assign additional staff
required to implement the duties of the regional offices.
SEC. 364. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.
(a) Schedules for Timely Permit Decisionmaking.--Within 10 days
after the date on which the Secretary receives any oil and gas permit
application or amended application, the Secretary shall either notify
the applicant that the application is complete or notify the applicant
that information is missing and specify the information that is
required to be submitted for the application to be complete. Within 30
days after notifying a permit applicant that an application is
complete, the Secretary, in consultation with the permit applicant as
necessary, shall determine and inform the Regional Permit Coordinator
responsible for that project area whether the proposed permit is a
class I, class II, or class III permit. The Regional Permit Coordinator
shall as soon as possible but in no event later than 30 days following
the Secretary's determination establish a binding schedule to ensure
the most expeditious possible review and processing of the requested
permit, in accordance with this section.
(b) Permit Classes and Schedules.--
(1) Class i permits.--An oil and gas permit shall be
designated as a class I permit under this section if the
permitted activity is of a nature that would typically require
preparation of an environmental impact statement under NEPA to
inform the permitting decision. For such permits, the Regional
Permit Coordinator shall establish a schedule for timely
completion of all permit reviews and processing, not to exceed
30 months. The Regional Permit Coordinator shall make the
schedule publicly available within 10 days after the schedule
is established.
(2) Class ii permits.--An oil and gas permit shall be
designated as a class II permit under this section if the
permitted activity is of a nature that would typically be found
not to significantly affect the quality of the human
environment under NEPA. For such permits, the Regional Permit
Coordinator shall establish the most expeditious schedule
possible for completion of all permit reviews and processing,
not to exceed 90 days. The Regional Permit Coordinator may
grant a one-time extension of that schedule, not to exceed 60
days, upon a good cause showing that additional time is
necessary to complete permit decisions. Not later than 15 days
after establishing or extending any schedule for a class II
permit, the Regional Permit Coordinator shall provide the
permit applicant with the schedule.
(3) Class iii permits.--Notwithstanding paragraphs (1) and
(2), an oil and gas permit shall be designated as a class III
permit under this section if the permitted activity either
qualifies for a statutory or regulatory categorical exclusion
under NEPA or if the requirements under NEPA and other
applicable law for the permit have been completed within 30
days after the date of a complete application. For such
permits, the permit shall be issued within 30 days after the
date of a complete application.
(4) Reclassification of class ii permit.--If prior to the
expiration of the established schedule for a class II permit
newly discovered information indicates that the class II permit
will significantly affect the quality of the human environment,
the Secretary may, in consultation with the permit applicant,
reclassify the permit as a class I permit under paragraph (1),
and the Regional Coordinator shall establish an amended
schedule that complies with the provisions of that paragraph.
(c) Reporting.--The Regional Permit Coordinators shall include data
on all schedule timing and compliance in their reports to the Federal
Permit Coordinator required under subsection (i), who shall include
such data in the report to the President and Congress required under
subsection (i).
(d) Dispute Resolution.--The Regional Permit Coordinator shall
resolve all administrative issues that affect oil and gas permit
reviews. The Regional Permit Coordinator shall report jointly to the
Federal Permit Coordinator and to the head of the relevant action
agency, or his or her designee, for resolution of any issue regarding
an oil and gas permit that may result in missing the schedule deadlines
established pursuant to subsection (b). The Regional Permit
Coordinators shall include data regarding the incidence and resolution
of disputes under this subsection in their reports to the Federal
Permit Coordinator required under subsection (i), who shall include
such reported data and develop recommendations in the report to the
President and Congress required under subsection (i).
(e) Remedies.--An applicant for a class I permit may bring a cause
of action to seek expedited mandamus review, if a Regional Permit
Coordinator or the Secretary fails to--
(1) establish a schedule in accordance with subsection (b);
(2) enforce and ensure completion of reviews within
schedule deadlines; or
(3) take all actions as are necessary and proper to avoid
jeopardizing the timely completion of the entire schedule.
If an agency fails to complete its review of and issue a decision upon
a permit within the schedule established by the Court, that permit
shall be deemed granted to the applicant.
(f) Prohibition of Certain Terms and Conditions.--No Federal agency
may include in any permit, right-of-way, or other authorization issued
for an oil and gas project subject to the provisions of this chapter,
any term or condition that may be authorized, but is not required, by
the provisions of any applicable law, if the Federal Permit Coordinator
determines that such term or condition would prevent or impair in any
significant respect completion of a permit review within the time
schedule established pursuant to subsection (b) or would otherwise
impair in any significant respect expeditious oil and gas development.
The Federal Permit Coordinator shall not have any authority to impose
any terms, conditions, or requirements beyond those imposed by any
Federal law, agency, regulation, or lease term.
(g) Consolidated Record.--The Federal Permit Coordinator, acting
through the appropriate Regional Permit Coordinator, with the
cooperation of Federal and State administrative officials and agencies,
shall maintain a complete, consolidated record of all decisions made or
actions taken by the Federal Permit Coordinator or Regional Permit
Coordinator or by any Federal agency with respect to any oil and gas
permit.
(h) Relationship to NEPA and Energy Policy Act of 2005.--
(1) Section 390(a) of the Energy Policy Act of 2005 (42
U.S.C. 15942(a)) is amended--
(A) by striking ``rebuttable presumption that the
use of a''; and
(B) by striking ``would apply''.
(2) Section 17(p) of the Mineral Leasing Act (30 U.S.C.
226(p)) is repealed.
(i) Additional Powers and Responsibilities.--
(1) Regional permit coordinator reports.--The Regional
Permit Coordinators shall each submit a report to the Federal
Permit Coordinator by December 31 of each year that documents
each office's performance in meeting the objectives under this
chapter, including recommendations to further streamline the
permitting process.
(2) Redirection of priorities or resources.--In order to
expedite overall permitting activity, the Federal Permit
Coordinator may redirect the priority of regional office
activities or the allocation of resources among such offices,
and shall engage the agencies that are parties to the MOU to
the extent such adjustments implicate their respective staffs
or resources.
(3) Report to congress.--Beginning three years after the
date of enactment of this Act, the Federal Permit Coordinator
shall prepare and submit a report to the President and Congress
by April 15 of each year that outlines the results achieved
under this chapter and makes recommendations to the President
and Congress for further improvements in processing oil and gas
permits on Federal lands.
SEC. 365. STATE COORDINATION.
The Governor of any State wherein an oil and gas operation may
require a Federal permit, or the coastline of which is in immediate
geographic proximity to oil and gas operations on the Outer Continental
Shelf, may be a signatory to the MOU for purposes of fulfilling any
State responsibilities with respect to Federal oil and gas permitting
decisions. The Regional Permit Coordinators shall facilitate and
coordinate concurrent State reviews of requested permits for oil and
gas projects on the Outer Continental Shelf.
SEC. 366. SAVINGS PROVISION.
Except as expressly stated, nothing in this chapter affects--
(1) the applicability of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency the employees of which are participating in the
implementation of this section.
SEC. 367. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Any oil and gas permitting decision for
Federal lands onshore or on the Outer Continental Shelf that was issued
in accordance with the procedures established by this chapter shall not
be subject to further administrative review within the respective
Federal agency responsible for that decision, and shall be the final
decision of that agency for purposes of judicial review.
(b) Exclusive Jurisdiction Over Permit Decisions.--Only the United
States District Court for the District of Columbia shall have original
jurisdiction over any civil action for the review of such a permit
decision.
(c) Limitations on Claims.--Notwithstanding any other provision of
law, any action arising under Federal law seeking judicial review of a
permit, license, or approval issued by a Federal agency for an oil and
gas permit subject to this chapter shall be barred unless it is filed
within 90 days of the date of the decision. Nothing in this chapter
shall create a right to judicial review or places any limit on filing a
claim that a person has violated the terms of a permit, license, or
approval.
(d) Filing of Record.--When any civil action is brought pursuant to
this chapter, the Federal Permit Coordinator shall immediately prepare
for the court a consolidated record.
(e) Expedited Review.--Any action for judicial review challenging a
decision approved pursuant to this section shall be set for
consideration by not later than 90 days after the date the action is
filed.
(f) Expedited Mandamus Review.--Notwithstanding subsection (e),
within 30 days after the filing of an action challenging or seeking to
enforce an established permit review schedule for a class I permit, the
court shall issue a decision either compelling permit issuance or
sanctioning the delay and establishing a new schedule that enables the
most expeditious possible completion of proceedings. In rendering its
decision, the court shall review whether the agencies subject to the
schedule have been acting in good faith, whether the permit applicant
has been cooperating fully with the agencies that are responsible for
issuing the requested permits, and any other relevant matters. The
court may issue orders to enforce any schedule it establishes under
this subsection.
(g) No Private Right of Action.--This chapter shall not be
construed to create any additional right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or
equity, by a person against the United States, its agencies, its
officers, or any person.
(h) Finality of Leasing Decisions.--Notwithstanding the provisions
of any law or regulation to the contrary, a decision by the Bureau of
Land Management or the Minerals Management Service to issue a Final
Notice of Sale and proceed with an oil and gas lease sale pursuant to
any mineral leasing law shall not be subject to further administrative
review within the Department of the Interior, and shall be the final
decision of the agency for purposes of judicial review.
SEC. 368. AMENDMENTS TO PUBLICATION PROCESS.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) by amending subsection (c)(2) to read as follows:
``(2) The Secretary shall publish a proposed leasing
program in the Federal Register, and shall submit a copy of
such proposed program to the Governor of each affected State,
for review and comment. The Governor may solicit comments from
those executives of local governments in his State which he, in
his discretion, determines will be affected by the proposed
program.'';
(2) by striking subsection (c)(3); and
(3) in subsection (d)(2) by inserting ``final'' after
``proposed''.
SEC. 369. REPEAL OF FEE FOR PERMITS TO DRILL.
Public Law 110-161 is amended under the heading ``Bureau of Land
Management_management of lands and resources'' (121 Stat. 2098) by
striking ``to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $4,000 per
new application for permit to drill that the Bureau shall collect upon
submission of each new application,''.
SEC. 370. ALASKA OFFSHORE CONTINENTAL SHELF COORDINATION OFFICE.
(a) Establishment.--The Secretary of the Interior shall establish
and maintain, in coordination with the Mayor of the North Slope Borough
of Alaska, a separate office to be known as the Alaska Offshore
Continental Shelf Coordination Office.
(b) Purpose.--The purpose of the office shall be to--
(1) coordinate the leasing of the Outer Continental Shelf
off the coast of Alaska;
(2) advise persons awarded such leases on local conditions
and the history of areas affected by development of the oil and
gas resources of the Outer Continental Shelf off the coast of
Alaska;
(3) provide to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate annual reports on the status of
the coordination between such and communities affected by such
development;
(4) collect from residents of the North Slope of Alaska
information regarding the impacts of such development on marine
wildlife, coastal habitats, marine and coastal subsistence
resources, and the marine and coastal environment of Alaska's
North Slope region; and
(5) ensure that the information collected under paragraph
(3) is submitted to--
(A) developers of such resources; and
(B) any appropriate Federal agency.
Subtitle C--Relief From Regulations and Prohibitions That Cause
Artificial Price Increases
CHAPTER 1--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL
PROHIBITIONS ON SYNTHETIC FUELS
SEC. 371. REPEAL OF EPA CLIMATE CHANGE REGULATION.
(a) Greenhouse Gas Regulation Under Clean Air Act.--Section 302(g)
of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the
following at the end thereof: ``The term `air pollutant' shall not
include carbon dioxide, water vapor, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.''.
(b) No Regulation of Climate Change.--Nothing in the Clean Air Act
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), shall be treated as authorizing or requiring the regulation of
climate change or global warming.
SEC. 372. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING
REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17142) is repealed.
CHAPTER 2--REFINERY REFORM
SEC. 381. REFINERY PERMITTING PROCESS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Expansion.--The term ``expansion'' means a physical
change that results in an increase in the capacity of a
refinery.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Permit.--The term ``permit'' means any permit, license,
approval, variance, or other form of authorization that a
refiner is required to obtain--
(A) under any Federal law; or
(B) from a State or Indian tribal government agency
delegated authority by the Federal Government, or
authorized under Federal law, to issue permits.
(5) Refiner.--The term ``refiner'' means a person that--
(A) owns or operates a refinery; or
(B) seeks to become an owner or operator of a
refinery.
(6) Refinery.--
(A) In general.--The term ``refinery'' means--
(i) a facility at which crude oil is
refined into transportation fuel or other
petroleum products; and
(ii) a coal liquification or coal-to-liquid
facility at which coal is processed into
synthetic crude oil or any other fuel.
(B) Inclusions.--The term ``refinery'' includes an
expansion of a refinery.
(7) Refinery permitting agreement.--The term ``refinery
permitting agreement'' means an agreement entered into between
the Administrator and a State or Indian tribe under subsection
(b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(b) Streamlining of Refinery Permitting Process.--
(1) In general.--At the request of the Governor of a State
or the governing body of an Indian tribe, the Administrator
shall enter into a refinery permitting agreement with the State
or Indian tribe under which the process for obtaining all
permits necessary for the construction and operation of a
refinery shall be streamlined using a systematic
interdisciplinary multimedia approach as provided in this
section.
(2) Authority of administrator.--Under a refinery
permitting agreement the Administrator shall have authority, as
applicable and necessary, to--
(A) accept from a refiner a consolidated
application for all permits that the refiner is
required to obtain to construct and operate a refinery;
(B) in consultation and cooperation with each
Federal, State, or Indian tribal government agency that
is required to make any determination to authorize the
issuance of a permit, establish a schedule under which
each agency shall--
(i) concurrently consider, to the maximum
extent practicable, each determination to be
made; and
(ii) complete each step in the permitting
process; and
(C) issue a consolidated permit that combines all
permits issued under the schedule established under
subparagraph (B).
(3) Agreement by the state.--Under a refinery permitting
agreement, a State or governing body of an Indian tribe shall
agree that--
(A) the Administrator shall have each of the
authorities described in paragraph (2); and
(B) each State or Indian tribal government agency
shall--
(i) in accordance with State law, make such
structural and operational changes in the
agencies as are necessary to enable the
agencies to carry out consolidated project-wide
permit reviews concurrently and in coordination
with the Environmental Protection Agency and
other Federal agencies; and
(ii) comply, to the maximum extent
practicable, with the applicable schedule
established under paragraph (2)(B).
(4) Deadlines.--
(A) New refineries.--In the case of a consolidated
permit for the construction of a new refinery, the
Administrator and the State or governing body of an
Indian tribe shall approve or disapprove the
consolidated permit not later than--
(i) 360 days after the date of the receipt
of the administratively complete application
for the consolidated permit; or
(ii) on agreement of the applicant, the
Administrator, and the State or governing body
of the Indian tribe, 90 days after the
expiration of the deadline established under
clause (i).
(B) Expansion of existing refineries.--In the case
of a consolidated permit for the expansion of an
existing refinery, the Administrator and the State or
governing body of an Indian tribe shall approve or
disapprove the consolidated permit not later than--
(i) 120 days after the date of the receipt
of the administratively complete application
for the consolidated permit; or
(ii) on agreement of the applicant, the
Administrator, and the State or governing body
of the Indian tribe, 30 days after the
expiration of the deadline established under
clause (i).
(5) Federal agencies.--Each Federal agency that is required
to make any determination to authorize the issuance of a permit
shall comply with the applicable schedule established under
paragraph (2)(B).
(6) Judicial review.--Any civil action for review of any
permit determination under a refinery permitting agreement
shall be brought exclusively in the United States district
court for the district in which the refinery is located or
proposed to be located.
(7) Efficient permit review.--In order to reduce the
duplication of procedures, the Administrator shall use State
permitting and monitoring procedures to satisfy substantially
equivalent Federal requirements under this chapter.
(8) Severability.--If 1 or more permits that are required
for the construction or operation of a refinery are not
approved on or before any deadline established under paragraph
(4), the Administrator may issue a consolidated permit that
combines all other permits that the refiner is required to
obtain other than any permits that are not approved.
(9) Savings.--Nothing in this subsection affects the
operation or implementation of otherwise applicable law
regarding permits necessary for the construction and operation
of a refinery.
(10) Consultation with local governments.--Congress
encourages the Administrator, States, and tribal governments to
consult, to the maximum extent practicable, with local
governments in carrying out this subsection.
(11) Effect on local authority.--Nothing in this subsection
affects--
(A) the authority of a local government with
respect to the issuance of permits; or
(B) any requirement or ordinance of a local
government (such as a zoning regulation).
(c) Fischer-Tropsch Fuels.--
(1) In general.--In cooperation with the Secretary of
Energy, the Secretary of Defense, the Administrator of the
Federal Aviation Administration, Secretary of Health and Human
Services, and Fischer-Tropsch industry representatives, the
Administrator shall--
(A) conduct a research and demonstration program to
evaluate the air quality benefits of ultra-clean
Fischer-Tropsch transportation fuel, including diesel
and jet fuel;
(B) evaluate the use of ultra-clean Fischer-Tropsch
transportation fuel as a mechanism for reducing engine
exhaust emissions; and
(C) submit recommendations to Congress on the most
effective use and associated benefits of these ultra-
clean fuel for reducing public exposure to exhaust
emissions.
(2) Guidance and technical support.--The Administrator
shall, to the extent necessary, issue any guidance or technical
support documents that would facilitate the effective use and
associated benefit of Fischer-Tropsch fuel and blends.
(3) Requirements.--The program described in paragraph (1)
shall consider--
(A) the use of neat (100 percent) Fischer-Tropsch
fuel and blends with conventional crude oil-derived
fuel for heavy-duty and light-duty diesel engines and
the aviation sector; and
(B) the production costs associated with domestic
production of those ultra-clean fuel and prices for
consumers.
(4) Reports.--The Administrator shall submit to the
Committee on Environment and Public Works and the Committee on
Energy and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives--
(A) not later than 1 year after the date of
enactment of this Act, an interim report on actions
taken to carry out this subsection; and
(B) not later than 2 years after the date of
enactment of this Act, a final report on actions taken
to carry out this subsection.
SEC. 382. EXISTING REFINERY PERMIT APPLICATION DEADLINE.
Notwithstanding any other provision of law, applications for a
permit for existing refinery applications shall not be considered to be
timely if submitted after 120 days after the date of enactment of this
Act.
Subtitle D--Extension of Certain Outer Continental Shelf Leases
SEC. 391. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.
(a) Definition of Covered Lease.--In this section, the term
``covered lease'' means each oil and gas lease for the Gulf of Mexico
outer Continental Shelf region issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) that was--
(1) not producing as of April 30, 2010; or
(2) suspended from operations, permit processing, or
consideration, in accordance with the moratorium set forth in
the Minerals Management Service Notice to Lessees and Operators
No. 2010-N04, dated May 30, 2010, or the decision memorandum of
the Secretary of the Interior entitled ``Decision memorandum
regarding the suspension of certain offshore permitting and
drilling activities on the Outer Continental Shelf'' and dated
July 12, 2010.
(b) Extension of Covered Leases.--The Secretary of the Interior
shall extend the term of a covered lease by 1 year.
(c) Effect on Suspensions of Operations or Production.--The
extension of covered leases under this section is in addition to any
suspension of operations or suspension of production granted by the
Minerals Management Service or Bureau of Ocean Energy Management,
Regulation and Enforcement after May 1, 2010.
Subtitle E--Expedited Consideration and Approval of the Construction
and Operation of the Keystone XL Oil Pipeline
SEC. 396. EXPEDITED CONSIDERATION AND APPROVAL OF THE CONSTRUCTION AND
OPERATION OF THE KEYSTONE XL OIL PIPELINE.
(a) Findings.--Congress finds and declares the following:
(1) The United States currently imports more than half of
the oil it consumes, often from countries hostile to United
States interests or with political and economic instability
that compromises supply security.
(2) While a significant portion of imports are derived from
allies such as Canada and Mexico, the United States remains
vulnerable to substantial supply disruptions created by
geopolitical tumult in major producing nations.
(3) Strong increases in oil consumption in the developing
world outpace growth in conventional oil supplies, bringing
tight market conditions and higher oil prices in periods of
global economic expansion or when supplies are threatened.
(4) The development and delivery of oil and gas from Canada
to the United States is in the national interest of the United
States in order to secure oil supplies to fill needs that are
projected to otherwise be filled by increases in other foreign
supplies, notably from the Middle East.
(5) Continued development of North American energy
resources, including Canadian oil, increases domestic refiners'
access to stable and reliable sources of crude and improves
certainty of fuel supply for the Department of Defense, the
largest consumer of petroleum in the United States.
(6) Canada and the United States have the world's largest
two-way trading relationship. Therefore, for every United
States dollar spent on products from Canada, including oil, 90
cents is returned to the United States economy. When the same
metrics are applied to trading relationships with some other
major sources of United States crude oil imports, returns are
much lower.
(7) The principal choice for Canadian oil exporters is
between moving increasing crude oil volumes to the United
States or Asia, led by China. Increased Canadian oil exports to
China will result in increased United States crude oil imports
from other foreign sources, especially the Middle East.
(8) Increased Canadian crude oil imports into the United
States correspondingly reduce the scale of ``wealth transfers''
to other more distant foreign sources resulting from the
greater cost of importing crude oil from those sources.
(9) Not only are United States companies major investors in
Canadian oil sands, but many United States businesses
throughout the country benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion.
(10) There has been more than 2 years of consideration and
a coordinated review by more than a dozen Federal agencies of
the technical aspects and of the environmental, social, and
economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska,
and then on to the United States Gulf Coast through Cushing,
Oklahoma.
(11) Keystone XL represents a high capacity pipeline supply
option that could meet early as well as long-term market demand
for crude oil to United States refineries, and could also
potentially bring over 100,000 barrels per day of United States
Bakken crudes to market.
(12) Completion of the Keystone XL pipeline would increase
total Keystone pipeline capacity by 700,000 barrels per day to
1,290,000 barrels per day.
(13) The Keystone XL pipeline would provide short-term and
long-term employment opportunities and related labor income
benefits, as well as government revenues associated with sales
and payroll taxes.
(14) The earliest possible construction of the Keystone XL
pipeline will make the extensive proven and potential reserves
of Canadian oil available for United States use and increase
United States jobs and will therefore serve the national
interest.
(15) Analysis using the Environmental Protection Agency
models shows that the Keystone XL pipeline will result in no
significant change in total United States or global greenhouse
gas emissions.
(16) The Keystone XL pipeline would be state-of-the-art and
have a degree of safety higher than any other typically
constructed domestic oil pipeline system.
(17) Because of the extensive governmental studies already
made with respect to the Keystone XL project and the national
interest in early delivery of Canadian oil to United States
markets, a decision with respect to a Presidential Permit for
the Keystone XL pipeline should be promptly issued without
further administrative delay or impediment.
(b) Expedited Approval Process.--
(1) In general.--The President, acting through the
Secretary of Energy, shall coordinate with each Federal agency
responsible for coordinating or considering an aspect of the
President's National Interest Determination and Presidential
Permit decision regarding construction and operation of the
Keystone XL pipeline, to ensure that all necessary actions with
respect to such decision are taken on an expedited schedule.
(2) Agency cooperation with secretary of energy.--Each
Federal agency described in subsection (a) shall comply with
any deadline established by the Secretary of Energy pursuant to
subsection (a).
(3) Final order.--Not later than 30 days after the issuance
of the final environmental impact statement, the President
shall issue a final order granting or denying the Presidential
Permit for the Keystone XL pipeline, but in no event shall such
decision be made later than the 30th day after the date of the
enactment of this Act.
(4) Environmental review.--No action by the Secretary of
Energy pursuant to this section shall affect any duty or
responsibility to comply with any requirement to conduct
environmental review.
(5) Sense of congress.--It is the sense of Congress that
the United States must decrease its dependence on oil from
countries which are hostile to the interests of the United
States. Canada has long been a strong trading partner, and
increased access to their energy resources will create jobs in
the United States.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Energy and Power.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
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Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, the Judiciary, Oversight and Government Reform, Natural Resources, Small Business, Transportation and Infrastructure, and Rules, 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.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Energy and Mineral Resources.