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S 1720 PCSCommentsClose CommentsPermalink

Calendar No. 203CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1720CommentsClose CommentsPermalink

To provide American jobs through economic growth.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

October 17, 2011CommentsClose CommentsPermalink

Mr. MCCAIN (for himself, Mr. PAUL, Mr. PORTMAN, Mr. MCCONNELL, Mr. CHAMBLISS, Mr. COATS, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. GRASSLEY, Mr. HELLER, Mr. HOEVEN, Mrs. HUTCHISON, Mr. INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. JOHNSON of Wisconsin, Mr. KIRK, Mr. LEE, Mr. LUGAR, Mr. ROBERTS, Mr. RUBIO, Mr. TOOMEY, Mr. WICKER, Mr. SHELBY, Mr. THUNE, Mr. GRAHAM, Mr. VITTER, Mr. ENZI, Mr. BARRASSO, Mr. BLUNT, Mr. BOOZMAN, Mr. SESSIONS, Mr. BURR, and Mr. MORAN) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

October 18, 2011CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide American jobs through economic growth.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Jobs Through Growth Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink

DIVISION A--SPENDING REFORM

TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

Sec. 1101. Balanced Budget Amendment to the Constitution.CommentsClose CommentsPermalink

TITLE II--ENHANCED RESCISSION AUTHORITY

Sec. 1201. Purposes.CommentsClose CommentsPermalink





Sec. 1202. Rescissions of funding.CommentsClose CommentsPermalink





Sec. 1203. Technical and conforming amendments.CommentsClose CommentsPermalink





Sec. 1204. Amendments to Part A of the Impoundment Control Act.CommentsClose CommentsPermalink





Sec. 1205. Expiration.CommentsClose CommentsPermalink

DIVISION B--TAX REFORM

TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSES

Sec. 2101. Tax Reform for Families and Small Businesses.CommentsClose CommentsPermalink

TITLE II--TAX REFORM FOR EMPLOYERS

Sec. 2201. Reduction in corporate income tax rates and reform of business tax.CommentsClose CommentsPermalink

TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011

Sec. 2301. Short title.CommentsClose CommentsPermalink





Sec. 2302. Repeal of imposition of withholding on certain payments made to vendors by government entities.CommentsClose CommentsPermalink





Sec. 2303. Rescission of unspent federal funds to offset loss in revenues.CommentsClose CommentsPermalink

DIVISION C--REGULATION REFORM

TITLE I--REPEALING THE JOB-KILLING HEALTH CARE LAW ACT

Sec. 3101. Repeal of the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010.CommentsClose CommentsPermalink





Sec. 3102. Budgetary effects of this subtitle.CommentsClose CommentsPermalink

TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011

Sec. 3201. Short title.CommentsClose CommentsPermalink





Sec. 3202. Findings and purpose.CommentsClose CommentsPermalink





Sec. 3203. Definitions.CommentsClose CommentsPermalink





Sec. 3204. Encouraging speedy resolution of claims.CommentsClose CommentsPermalink





Sec. 3205. Compensating patient injury.CommentsClose CommentsPermalink





Sec. 3206. Maximizing patient recovery.CommentsClose CommentsPermalink





Sec. 3207. Additional health benefits.CommentsClose CommentsPermalink





Sec. 3208. Punitive damages.CommentsClose CommentsPermalink





Sec. 3209. Authorization of payment of future damages to claimants in health care lawsuits.CommentsClose CommentsPermalink





Sec. 3210. Effect on other laws.CommentsClose CommentsPermalink





Sec. 3211. State flexibility and protection of states’ rights.CommentsClose CommentsPermalink





Sec. 3212. Applicability; effective date.CommentsClose CommentsPermalink

TITLE III--FINANCIAL TAKEOVER REPEAL

Sec. 3301. Repeal.CommentsClose CommentsPermalink

TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS ACT)

Sec. 3401. Short title.CommentsClose CommentsPermalink





Sec. 3402. Findings and purpose.CommentsClose CommentsPermalink





Sec. 3403. Congressional review of agency rulemaking.CommentsClose CommentsPermalink

TITLE V--REGULATION MORATORIUM AND JOBS PRESERVATION ACT

Sec. 3501. Short title.CommentsClose CommentsPermalink





Sec. 3502. Definitions.CommentsClose CommentsPermalink





Sec. 3503. Significant regulatory actions.CommentsClose CommentsPermalink





Sec. 3504. Waivers.CommentsClose CommentsPermalink





Sec. 3505. Judicial review.CommentsClose CommentsPermalink

TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND ONEROUS MANDATES ACT OF 2011

Sec. 3601. Short title.CommentsClose CommentsPermalink





Sec. 3602. Findings.CommentsClose CommentsPermalink





Sec. 3603. Including indirect economic impact in small entity analyses.CommentsClose CommentsPermalink





Sec. 3604. Judicial review to allow small entities to challenge proposed regulations.CommentsClose CommentsPermalink





Sec. 3605. Periodic review.CommentsClose CommentsPermalink





Sec. 3606. Requiring small business review panels for additional agencies.CommentsClose CommentsPermalink





Sec. 3607. Expanding the Regulatory Flexibility Act to agency guidance documents.CommentsClose CommentsPermalink





Sec. 3608. Requiring the Internal Revenue Service to consider small entity impact.CommentsClose CommentsPermalink





Sec. 3609. Reporting on enforcement actions relating to small entities.CommentsClose CommentsPermalink





Sec. 3610. Requiring more detailed small entity analyses.CommentsClose CommentsPermalink





Sec. 3611. Ensuring that agencies consider small entity impact during the rulemaking process.CommentsClose CommentsPermalink





Sec. 3612. Additional powers of the Office of Advocacy.CommentsClose CommentsPermalink





Sec. 3613. Funding and offsets.CommentsClose CommentsPermalink





Sec. 3614. Technical and conforming amendments.CommentsClose CommentsPermalink

TITLE VII--UNFUNDED MANDATES ACCOUNTABILITY ACT

Sec. 3701. Short title.CommentsClose CommentsPermalink





Sec. 3702. Findings.CommentsClose CommentsPermalink





Sec. 3703. Regulatory impact analyses for certain rules.CommentsClose CommentsPermalink





Sec. 3704. Least burdensome option or explanation required.CommentsClose CommentsPermalink





Sec. 3705. Inclusion of application to independent regulatory agencies.CommentsClose CommentsPermalink





Sec. 3706. Judicial review.CommentsClose CommentsPermalink





Sec. 3707. Effective date.CommentsClose CommentsPermalink

TITLE VIII--GOVERNMENT LITIGATION SAVINGS ACT

Sec. 3801. Short title.CommentsClose CommentsPermalink





Sec. 3802. Modification of Equal Access to Justice provisions.CommentsClose CommentsPermalink





Sec. 3803. GAO study.CommentsClose CommentsPermalink

TITLE IX--EMPLOYMENT PROTECTION ACT OF 2011

Sec. 3901. Short title.CommentsClose CommentsPermalink





Sec. 3902. Impacts of EPA regulatory activity on employment and economic activity.CommentsClose CommentsPermalink

TITLE X--FARM DUST REGULATION PREVENTION ACT

Sec. 3931. Short title.CommentsClose CommentsPermalink





Sec. 3932. Nuisance dust.CommentsClose CommentsPermalink





Sec. 3933. Temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter.CommentsClose CommentsPermalink

TITLE XI--NATIONAL LABOR RELATIONS BOARD REFORM

Sec. 3951. Short title.CommentsClose CommentsPermalink





Sec. 3952. Authority of the NLRB.CommentsClose CommentsPermalink





Sec. 3953. Retroactivity.CommentsClose CommentsPermalink

TITLE XII--GOVERNMENT NEUTRALITY IN CONTRACTING ACT

Sec. 3971. Short title.CommentsClose CommentsPermalink





Sec. 3972. Purposes.CommentsClose CommentsPermalink





Sec. 3973. Preservation of open competition and Federal Government neutrality.CommentsClose CommentsPermalink

TITLE XIII--FINANCIAL REGULATORY RESPONSIBILITY ACT

Sec. 3981. Short title.CommentsClose CommentsPermalink





Sec. 3982. Definitions.CommentsClose CommentsPermalink





Sec. 3983. Required regulatory analysis.CommentsClose CommentsPermalink





Sec. 3984. Rule of construction.CommentsClose CommentsPermalink





Sec. 3985. Public availability of data and regulatory analysis.CommentsClose CommentsPermalink





Sec. 3986. Five-year regulatory impact analysis.CommentsClose CommentsPermalink





Sec. 3987. Retrospective review of existing rules.CommentsClose CommentsPermalink





Sec. 3988. Judicial review.CommentsClose CommentsPermalink





Sec. 3989. Chief Economists Council.CommentsClose CommentsPermalink





Sec. 3990. Conforming amendments.CommentsClose CommentsPermalink





Sec. 3991. Other regulatory entities.CommentsClose CommentsPermalink





Sec. 3992. Avoidance of duplicative or unnecessary analyses.CommentsClose CommentsPermalink





Sec. 3993. Severability.CommentsClose CommentsPermalink

TITLE XIV--REGULATORY RESPONSIBILITY FOR OUR ECONOMY ACT

Sec. 3994. Short title.CommentsClose CommentsPermalink





Sec. 3995. Definitions.CommentsClose CommentsPermalink





Sec. 3996. Agency requirements.CommentsClose CommentsPermalink





Sec. 3997. Public participation.CommentsClose CommentsPermalink





Sec. 3998. Integration and innovation.CommentsClose CommentsPermalink





Sec. 3999. Flexible approaches.CommentsClose CommentsPermalink





Sec. 3999A. Science.CommentsClose CommentsPermalink





Sec. 3999B. Retrospective analyses of existing rules.CommentsClose CommentsPermalink

TITLE XV--REDUCING REGULATORY BURDENS ACT

Sec. 3999C. Short title.CommentsClose CommentsPermalink





Sec. 3999D. Use of authorized pesticides.CommentsClose CommentsPermalink





Sec. 3999E. Discharges of pesticides.CommentsClose CommentsPermalink

DIVISION D--DOMESTIC ENERGY JOB PROMOTION

TITLE I--DOMESTIC JOBS, DOMESTIC ENERGY, AND DEFICIT REDUCTION ACT

Sec. 4101. Short title.CommentsClose CommentsPermalink

Subtitle A--Outer Continental Shelf Leasing

Sec. 4111. Leasing program considered approved.CommentsClose CommentsPermalink





Sec. 4112. Lease sales.CommentsClose CommentsPermalink





Sec. 4113. Applications for permits to drill.CommentsClose CommentsPermalink





Sec. 4114. Lease sales for certain areas.CommentsClose CommentsPermalink

Subtitle B--Regulatory Streamlining

Sec. 4131. Commercial leasing program for oil shale resources on public land.CommentsClose CommentsPermalink





Sec. 4132. Jurisdiction over covered energy projects.CommentsClose CommentsPermalink





Sec. 4133. Environmental impact statements.CommentsClose CommentsPermalink





Sec. 4134. Clean air regulation.CommentsClose CommentsPermalink





Sec. 4135. Employment effects of actions under Clean Air Act.CommentsClose CommentsPermalink





Sec. 4136. Endangered species.CommentsClose CommentsPermalink





Sec. 4137. Reissuance of permits and leases.CommentsClose CommentsPermalink





Sec. 4138. Central Valley Project.CommentsClose CommentsPermalink





Sec. 4139. Beaufort Sea oil drilling project.CommentsClose CommentsPermalink





Sec. 4140. Environmental legal fees.CommentsClose CommentsPermalink

TITLE II--JOBS AND ENERGY PERMITTING ACT

Sec. 4201. Short title.CommentsClose CommentsPermalink





Sec. 4202. Air quality measurement.CommentsClose CommentsPermalink





Sec. 4203. Outer Continental Shelf source.CommentsClose CommentsPermalink





Sec. 4204. Permits.CommentsClose CommentsPermalink

TITLE III--AMERICAN ENERGY AND WESTERN JOBS ACT

Sec. 4301. Short title.CommentsClose CommentsPermalink





Sec. 4302. Rescission of certain instruction memoranda.CommentsClose CommentsPermalink





Sec. 4303. Amendments to the Mineral Leasing Act.CommentsClose CommentsPermalink





Sec. 4304. Annual report on revenues generated from multiple use of public land.CommentsClose CommentsPermalink





Sec. 4305. Federal onshore oil and natural gas production goal.CommentsClose CommentsPermalink





Sec. 4306. Oil shale.CommentsClose CommentsPermalink

TITLE IV--MINING JOBS PROTECTION ACT

Sec. 4401. Short title.CommentsClose CommentsPermalink





Sec. 4402. Permits for dredged or fill material.CommentsClose CommentsPermalink





Sec. 4403. Review of permits.CommentsClose CommentsPermalink

TITLE V--ENERGY TAX PREVENTION ACT

Sec. 4501. Short title.CommentsClose CommentsPermalink





Sec. 4502. No regulation of emissions of greenhouse gases.CommentsClose CommentsPermalink





Sec. 4503. Preserving one national standard for automobiles.CommentsClose CommentsPermalink

TITLE VI--REPEAL RESTRICTIONS ON GOVERNMENT USE OF DOMESTIC ALTERNATIVE FUELS

Sec. 4601. Repeal of unnecessary barrier to domestic fuel production.CommentsClose CommentsPermalink

TITLE VII--PUBLIC LANDS JOB CREATION ACT

Sec. 4701. Short title.CommentsClose CommentsPermalink





Sec. 4702. Review of certain Federal Register Notices.CommentsClose CommentsPermalink

DIVISION E--EXPORT PROMOTION

Sec. 5001. Short title.CommentsClose CommentsPermalink





Sec. 5002. Renewal of trade promotion authority.CommentsClose CommentsPermalink





Sec. 5003. Modification of standard for provisions that may be included in implementing bills.CommentsClose CommentsPermalink

DIVISION A--SPENDING REFORMCommentsClose CommentsPermalink

TITLE I--BALANCED BUDGET AMENDMENT TO THE CONSTITUTIONCommentsClose CommentsPermalink

SEC. 1101. BALANCED BUDGET AMENDMENT TO THE CONSTITUTION.

It is the sense of Congress that S.J. Res 10 should be passed and submitted to the states for ratification not later than 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE II--ENHANCED RESCISSION AUTHORITYCommentsClose CommentsPermalink

SEC. 1201. PURPOSES.

The purpose of this title is to create an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President’s package of rescissions, without amendment.CommentsClose CommentsPermalink

SEC. 1202. RESCISSIONS OF FUNDING.

The Impoundment Control Act of 1974 is amended by striking part C and inserting the following:CommentsClose CommentsPermalink

‘PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

‘SEC. 1021. APPLICABILITY AND DISCLAIMER.

‘The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part.CommentsClose CommentsPermalink

‘SEC. 1022. DEFINITIONS.

‘In this part:CommentsClose CommentsPermalink





‘(1) The terms ‘appropriations Act’, ‘budget authority’, and ‘new budget authority’ have the same meanings as in section 3 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink





‘(2) The terms ‘account’, ‘current year’, ‘CBO’, and ‘OMB’ have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002.CommentsClose CommentsPermalink





‘(3) The term ‘days of session’ shall be calculated by excluding weekends and national holidays. Any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber. Any day during which neither chamber is in session shall not be counted as a day of session of Congress.CommentsClose CommentsPermalink





‘(4) The term ‘entitlement law’ means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program.CommentsClose CommentsPermalink





‘(5) The term ‘funding’ refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law.CommentsClose CommentsPermalink





‘(6) The term ‘rescind’ means to eliminate or reduce the amount of enacted funding.CommentsClose CommentsPermalink





‘(7) The terms ‘withhold’ and ‘withholding’ apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws.CommentsClose CommentsPermalink

‘SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

‘(a) Timing- If the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress not later than 45 calendar days after the date of enactment of the funding.CommentsClose CommentsPermalink





‘(b) Packaging and Transmittal of Requested Rescissions- Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most 1 package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained.CommentsClose CommentsPermalink





‘(c) Special Packaging Rules- After enactment of--CommentsClose CommentsPermalink





‘(1) a joint resolution making continuing appropriations;CommentsClose CommentsPermalink





‘(2) a supplemental appropriations bill; orCommentsClose CommentsPermalink





‘(3) an omnibus appropriations bill;CommentsClose CommentsPermalink





covering some or all of the activities customarily funded in more than 1 regular appropriations bill, the President may propose as many as 2 packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package.CommentsClose CommentsPermalink

‘SEC. 1024. REQUESTS TO RESCIND FUNDING.

‘For each request to rescind funding under this part, the transmittal message shall--CommentsClose CommentsPermalink





‘(1) specify--CommentsClose CommentsPermalink





‘(A) the dollar amount to be rescinded;CommentsClose CommentsPermalink





‘(B) the agency, bureau, and account from which the rescission shall occur;CommentsClose CommentsPermalink





‘(C) the program, project, or activity within the account (if applicable) from which the rescission shall occur;CommentsClose CommentsPermalink





‘(D) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; andCommentsClose CommentsPermalink





‘(E) the reasons the President requests the rescission;CommentsClose CommentsPermalink





‘(2) designate each separate rescission request by number; andCommentsClose CommentsPermalink





‘(3) include proposed legislative language to accomplish the requested rescissions which may not include--CommentsClose CommentsPermalink





‘(A) any changes in existing law, other than the rescission of funding; orCommentsClose CommentsPermalink





‘(B) any supplemental appropriations, transfers, or reprogrammings.CommentsClose CommentsPermalink

‘SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.

‘(a) Presidential Authority To Withhold Funding- Notwithstanding any other provision of law and if the President proposes a rescission of funding under this part, OMB may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation.CommentsClose CommentsPermalink





‘(b) Expedited Procedures Available Only Once Per Bill- The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than 1 occasion for any Act providing funding.CommentsClose CommentsPermalink





‘(c) Time Limits- OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of--CommentsClose CommentsPermalink





‘(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request;CommentsClose CommentsPermalink





‘(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; orCommentsClose CommentsPermalink





‘(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration.CommentsClose CommentsPermalink





‘(d) Deficit Reduction-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Funds that are rescinded under this part shall be dedicated only to reducing the deficit or increasing the surplus.CommentsClose CommentsPermalink





‘(2) ADJUSTMENT OF LEVELS IN THE CONCURRENT RESOLUTION ON THE BUDGET- Not later than 5 days after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the repeal or cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate.CommentsClose CommentsPermalink

‘SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.

‘(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested which shall read as follows:CommentsClose CommentsPermalink





‘There are enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.’CommentsClose CommentsPermalink





‘(2) EXCLUSION PROCEDURE- The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the Committee on the Budget of the House, after consulting with the Chairman of the Committee on the Budget of the Senate, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding.CommentsClose CommentsPermalink





‘(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions- The majority leader or the minority leader of the House or Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. If such an expedited rescission bill is introduced in accordance with the preceding sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction.CommentsClose CommentsPermalink





‘(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions- The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 5-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.CommentsClose CommentsPermalink





‘(d) House Motion To Proceed-CommentsClose CommentsPermalink





‘(1) IN GENERAL- After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill shall announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it.CommentsClose CommentsPermalink





‘(2) FAILURE TO SET TIME- If the Speaker does not designate a time under paragraph (1), 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill.CommentsClose CommentsPermalink





‘(3) PROCEDURE- A motion to proceed under this subsection shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order.CommentsClose CommentsPermalink





‘(4) REMOVAL FROM CALENDAR- If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar.CommentsClose CommentsPermalink





‘(e) House Consideration-CommentsClose CommentsPermalink





‘(1) CONSIDERED AS READ- A bill consisting of a package of rescissions under this part shall be considered as read.CommentsClose CommentsPermalink





‘(2) POINTS OF ORDER- All points of order against the bill are waived, except that a point of order may be made that 1 or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this part as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified.CommentsClose CommentsPermalink





‘(3) PREVIOUS QUESTION- The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as 1 motion to further limit debate on the bill.CommentsClose CommentsPermalink





‘(4) MOTION TO RECONSIDER- A motion to reconsider the vote on passage of the bill shall not be in order.CommentsClose CommentsPermalink





‘(f) Senate Consideration-CommentsClose CommentsPermalink





‘(1) REFERRAL- If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction.CommentsClose CommentsPermalink





‘(2) COMMITTEE ACTION- The committee of jurisdiction shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation.CommentsClose CommentsPermalink





‘(3) DISCHARGE- If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.CommentsClose CommentsPermalink





‘(4) MOTION TO PROCEED- On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table.CommentsClose CommentsPermalink





‘(5) DEBATE- Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable.CommentsClose CommentsPermalink





‘(6) MOTIONS NOT IN ORDER- A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order.CommentsClose CommentsPermalink





‘(g) Senate Point of Order- It shall not be in order under this part for the Senate to consider a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this subsection is sustained, the bill may not be considered under this part.’.CommentsClose CommentsPermalink

SEC. 1203. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Table of Contents- Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the matter for part C of title X and inserting the following:CommentsClose CommentsPermalink

‘PART C--Expedited Consideration of Proposed Rescissions

‘Sec. 1021. Applicability and disclaimer.CommentsClose CommentsPermalink





‘Sec. 1022. Definitions.CommentsClose CommentsPermalink





‘Sec. 1023. Timing and packaging of rescission requests.CommentsClose CommentsPermalink





‘Sec. 1024. Requests to rescind funding.CommentsClose CommentsPermalink





‘Sec. 1025. Grants of and limitations on presidential authority.CommentsClose CommentsPermalink





‘Sec. 1026. Congressional consideration of rescission requests.’.CommentsClose CommentsPermalink





(b) Temporary Withholding- Section 1013(c) of the Impoundment Control Act of 1974 is amended by striking ‘section 1012’ and inserting ‘section 1012 or section 1025’.CommentsClose CommentsPermalink





(c) Rulemaking-CommentsClose CommentsPermalink





(1) 904(a)- Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ‘and 1017’ and inserting ‘1017, and 1026’.CommentsClose CommentsPermalink





(2) 904(d)(1)- Section 904(d)(1) of the Congressional Budget Act of 1974 is amended by striking ‘1017’ and inserting ‘1017 or 1026’.CommentsClose CommentsPermalink

SEC. 1204. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.

(a) In General- Part A of the Impoundment Control Act of 1974 is amended by inserting at the end the following:CommentsClose CommentsPermalink

‘SEC. 1002. SEVERABILITY.

‘If the judicial branch of the United States finally determines that 1 or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.’.CommentsClose CommentsPermalink





(b) Table of Contents- Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting at the end of the matter for part A of title X the following:CommentsClose CommentsPermalink





‘Sec. 1002. Severability.’.CommentsClose CommentsPermalink

SEC. 1205. EXPIRATION.

Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2015.CommentsClose CommentsPermalink

DIVISION B--TAX REFORMCommentsClose CommentsPermalink

TITLE I--TAX REFORM FOR FAMILIES AND SMALL BUSINESSESCommentsClose CommentsPermalink

SEC. 2101. TAX REFORM FOR FAMILIES AND SMALL BUSINESSES.

(a) In General- The Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives shall report legislation that will lower, consolidate, and simplify the individual income tax system, with not more than 3 tax rates, the highest being 25 percent. Such legislation shall be reported not later than 60 days after the date of the enactment of this Act and shall be revenue neutral as scored by the Joint Committee on Taxation using a current policy baseline.CommentsClose CommentsPermalink





(b) Legislation Goals- Such reported legislation shall be required to achieve the following:CommentsClose CommentsPermalink





(1) REDUCED TAX LIABILITY- Lower the overall tax burden for the majority of American individual taxpayers.CommentsClose CommentsPermalink





(2) SIMPLIFICATION- Close tax loopholes and eliminate frivolous deductions and certain tax credits, at the discretion of each Committee, in order to reduce tax expenditures and simplify the tax code.CommentsClose CommentsPermalink





(3) CONSOLIDATION- Provide necessary changes in order to consolidate the individual income tax system consistent with the tax rates specified in subsection (a).CommentsClose CommentsPermalink





(4) STANDARD DEDUCTION AND PERSONAL EXEMPTIONS- Revise the amount provided for the standard deduction and personal exemptions in conjunction with the elimination of certain deductions and credits in order to reduce the overall tax liability of the majority of American individual taxpayers.CommentsClose CommentsPermalink





(c) Additional Changes- Such Committees shall include in such legislation any further changes to the individual income tax system in order to ensure tax reductions and simplifications consistent with the goals of this Act.CommentsClose CommentsPermalink

TITLE II--TAX REFORM FOR EMPLOYERSCommentsClose CommentsPermalink

SEC. 2201. REDUCTION IN CORPORATE INCOME TAX RATES AND REFORM OF BUSINESS TAX.

(a) In General- The Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives shall report legislation that will lower, consolidate, and simplify the corporate income tax system, with a top tax rate of 25 percent and a consolidation of the system into 2 tax rates. Such legislation shall be reported not later than 60 days after the date of the enactment of this Act and shall be revenue neutral as scored by the Joint Committee on Taxation using a current policy baseline.CommentsClose CommentsPermalink





(b) Legislation Goals- Such reported legislation shall be required to achieve the following:CommentsClose CommentsPermalink





(1) REDUCED TAX LIABILITY- Lower the overall tax rates for American corporations and businesses.CommentsClose CommentsPermalink





(2) SIMPLIFICATION- Close tax loopholes and eliminate industry specific deductions and certain tax credits, including the elimination of industry specific taxes, at the discretion of each Committee, in order to reduce tax expenditures and simplify the tax code.CommentsClose CommentsPermalink





(3) TERRITORIAL TAX SYSTEM- Establishment of a territorial tax system, including strong incentives to repatriate overseas capital, in lieu of the current worldwide tax system.CommentsClose CommentsPermalink





(4) CONSOLIDATION- Provide necessary changes in order to consolidate the corporate income tax system with a total of two tax rates, the top tax rate of 25 percent and a lower tax rate as determined by the Committees as specified in subsection (a).CommentsClose CommentsPermalink





(c) Additional Changes- Such Committees shall include in such legislation any further changes to the corporate income tax system in order to ensure tax reductions and simplifications consistent with the goals of this Act.CommentsClose CommentsPermalink

TITLE III--WITHHOLDING TAX RELIEF ACT OF 2011CommentsClose CommentsPermalink

SEC. 2301. SHORT TITLE.

This title may be cited as the ‘Withholding Tax Relief Act of 2011’.CommentsClose CommentsPermalink

SEC. 2302. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES.

The amendment made by section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 is repealed and the Internal Revenue Code of 1986 shall be applied as if such amendment had never been enacted.CommentsClose CommentsPermalink

SEC. 2303. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN REVENUES.

(a) In General- Notwithstanding any other provision of law, of all available unobligated funds, $39,000,000,000 in appropriated discretionary funds are hereby permanently rescinded.CommentsClose CommentsPermalink





(b) Implementation- The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence.CommentsClose CommentsPermalink





(c) Exception- This section shall not apply to the unobligated funds of the Department of Defense or the Department of Veterans Affairs.CommentsClose CommentsPermalink

DIVISION C--REGULATION REFORMCommentsClose CommentsPermalink

TITLE I--REPEALING THE JOB-KILLING HEALTH CARE LAW ACTCommentsClose CommentsPermalink

SEC. 3101. REPEAL OF THE JOB-KILLING HEALTH CARE LAW AND HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.

(a) Job-Killing Health Care Law- Effective as of the enactment of Public Law 111-148, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.CommentsClose CommentsPermalink





(b) Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010- Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted.CommentsClose CommentsPermalink

SEC. 3102. BUDGETARY EFFECTS OF THIS SUBTITLE.

The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this title, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this title.CommentsClose CommentsPermalink

TITLE II--MEDICAL CARE ACCESS PROTECTION ACT OF 2011CommentsClose CommentsPermalink

SEC. 3201. SHORT TITLE.

This title may be cited as the ‘Medical Care Access Protection Act of 2011’ or the ‘MCAP Act’.CommentsClose CommentsPermalink

SEC. 3202. FINDINGS AND PURPOSE.

(a) Findings-CommentsClose CommentsPermalink





(1) EFFECT ON HEALTH CARE ACCESS AND COSTS- Congress finds that our current civil justice system is adversely affecting patient access to health care services, better patient care, and cost-efficient health care, in that the health care liability system is a costly and ineffective mechanism for resolving claims of health care liability and compensating injured patients, and is a deterrent to the sharing of information among health care professionals which impedes efforts to improve patient safety and quality of care.CommentsClose CommentsPermalink





(2) EFFECT ON INTERSTATE COMMERCE- Congress finds that the health care and insurance industries are industries affecting interstate commerce and the health care liability litigation systems existing throughout the United States are activities that affect interstate commerce by contributing to the high costs of health care and premiums for health care liability insurance purchased by health care system providers.CommentsClose CommentsPermalink





(3) EFFECT ON FEDERAL SPENDING- Congress finds that the health care liability litigation systems existing throughout the United States have a significant effect on the amount, distribution, and use of Federal funds because of--CommentsClose CommentsPermalink





(A) the large number of individuals who receive health care benefits under programs operated or financed by the Federal Government;CommentsClose CommentsPermalink





(B) the large number of individuals who benefit because of the exclusion from Federal taxes of the amounts spent to provide them with health insurance benefits; andCommentsClose CommentsPermalink





(C) the large number of health care providers who provide items or services for which the Federal Government makes payments.CommentsClose CommentsPermalink





(b) Purpose- It is the purpose of this title is to implement reasonable, comprehensive, and effective health care liability reforms designed to--CommentsClose CommentsPermalink





(1) improve the availability of health care services in cases in which health care liability actions have been shown to be a factor in the decreased availability of services;CommentsClose CommentsPermalink





(2) reduce the incidence of ‘defensive medicine’ and lower the cost of health care liability insurance, all of which contribute to the escalation of health care costs;CommentsClose CommentsPermalink





(3) ensure that persons with meritorious health care injury claims receive fair and adequate compensation, including reasonable noneconomic damages;CommentsClose CommentsPermalink





(4) improve the fairness and cost-effectiveness of our current health care liability system to resolve disputes over, and provide compensation for, health care liability by reducing uncertainty in the amount of compensation provided to injured individuals; andCommentsClose CommentsPermalink





(5) provide an increased sharing of information in the health care system which will reduce unintended injury and improve patient care.CommentsClose CommentsPermalink

SEC. 3203. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ALTERNATIVE DISPUTE RESOLUTION SYSTEM; ADR- The term ‘alternative dispute resolution system’ or ‘ADR’ means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court.CommentsClose CommentsPermalink





(2) CLAIMANT- The term ‘claimant’ means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor.CommentsClose CommentsPermalink





(3) COLLATERAL SOURCE BENEFITS- The term ‘collateral source benefits’ means any amount paid or reasonably likely to be paid in the future to or on behalf of the claimant, or any service, product or other benefit provided or reasonably likely to be provided in the future to or on behalf of the claimant, as a result of the injury or wrongful death, pursuant to--CommentsClose CommentsPermalink





(A) any State or Federal health, sickness, income-disability, accident, or workers’ compensation law;CommentsClose CommentsPermalink





(B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage;CommentsClose CommentsPermalink





(C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; andCommentsClose CommentsPermalink





(D) any other publicly or privately funded program.CommentsClose CommentsPermalink





(4) COMPENSATORY DAMAGES- The term ‘compensatory damages’ means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. Such term includes economic damages and noneconomic damages, as such terms are defined in this section.CommentsClose CommentsPermalink





(5) CONTINGENT FEE- The term ‘contingent fee’ includes all compensation to any person or persons which is payable only if a recovery is effected on behalf of one or more claimants.CommentsClose CommentsPermalink





(6) ECONOMIC DAMAGES- The term ‘economic damages’ means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities.CommentsClose CommentsPermalink





(7) HEALTH CARE GOODS OR SERVICES- The term ‘health care goods or services’ means any goods or services provided by a health care institution, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, care, or treatment of any human disease or impairment, or the assessment of the health of human beings.CommentsClose CommentsPermalink





(8) HEALTH CARE INSTITUTION- The term ‘health care institution’ means any entity licensed under Federal or State law to provide health care services (including but not limited to ambulatory surgical centers, assisted living facilities, emergency medical services providers, hospices, hospitals and hospital systems, nursing homes, or other entities licensed to provide such services).CommentsClose CommentsPermalink





(9) HEALTH CARE LAWSUIT- The term ‘health care lawsuit’ means any health care liability claim concerning the provision of health care goods or services affecting interstate commerce, or any health care liability action concerning the provision of (or the failure to provide) health care goods or services affecting interstate commerce, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider or a health care institution regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim.CommentsClose CommentsPermalink





(10) HEALTH CARE LIABILITY ACTION- The term ‘health care liability action’ means a civil action brought in a State or Federal Court or pursuant to an alternative dispute resolution system, against a health care provider or a health care institution regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim.CommentsClose CommentsPermalink





(11) HEALTH CARE LIABILITY CLAIM- The term ‘health care liability claim’ means a demand by any person, whether or not pursuant to ADR, against a health care provider or health care institution, including third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care services, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action.CommentsClose CommentsPermalink





(12) HEALTH CARE PROVIDER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘health care provider’ means any person (including but not limited to a physician (as defined by section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)), registered nurse, dentist, podiatrist, pharmacist, chiropractor, or optometrist) required by State or Federal law to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation.CommentsClose CommentsPermalink





(B) TREATMENT OF CERTAIN PROFESSIONAL ASSOCIATIONS- For purposes of this Act, a professional association that is organized under State law by an individual physician or group of physicians, a partnership or limited liability partnership formed by a group of physicians, a nonprofit health corporation certified under State law, or a company formed by a group of physicians under State law shall be treated as a health care provider under subparagraph (A).CommentsClose CommentsPermalink





(13) MALICIOUS INTENT TO INJURE- The term ‘malicious intent to injure’ means intentionally causing or attempting to cause physical injury other than providing health care goods or services.CommentsClose CommentsPermalink





(14) NONECONOMIC DAMAGES- The term ‘noneconomic damages’ means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.CommentsClose CommentsPermalink





(15) PUNITIVE DAMAGES- The term ‘punitive damages’ means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider or health care institution. Punitive damages are neither economic nor noneconomic damages.CommentsClose CommentsPermalink





(16) RECOVERY- The term ‘recovery’ means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose.CommentsClose CommentsPermalink





(17) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof.CommentsClose CommentsPermalink

SEC. 3204. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

(a) In General- Except as otherwise provided for in this section, the time for the commencement of a health care lawsuit shall be 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.CommentsClose CommentsPermalink





(b) General Exception- The time for the commencement of a health care lawsuit shall not exceed 3 years after the date of manifestation of injury unless the tolling of time was delayed as a result of--CommentsClose CommentsPermalink





(1) fraud;CommentsClose CommentsPermalink





(2) intentional concealment; orCommentsClose CommentsPermalink





(3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.CommentsClose CommentsPermalink





(c) Minors- An action by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that if such minor is under the full age of 6 years, such action shall be commenced within 3 years of the manifestation of injury, or prior to the eighth birthday of the minor, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care institution have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.CommentsClose CommentsPermalink





(d) Rule 11 Sanctions- Whenever a Federal or State court determines (whether by motion of the parties or whether on the motion of the court) that there has been a violation of Rule 11 of the Federal Rules of Civil Procedure (or a similar violation of applicable State court rules) in a health care liability action to which this Act applies, the court shall impose upon the attorneys, law firms, or pro se litigants that have violated Rule 11 or are responsible for the violation, an appropriate sanction, which shall include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorneys’ fee. Such sanction shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the party or parties injured by such conduct.CommentsClose CommentsPermalink

SEC. 3205. COMPENSATING PATIENT INJURY.

(a) Unlimited Amount of Damages for Actual Economic Losses in Health Care Lawsuits- In any health care lawsuit, nothing in this Act shall limit the recovery by a claimant of the full amount of the available economic damages, notwithstanding the limitation contained in subsection (b).CommentsClose CommentsPermalink





(b) Additional Noneconomic Damages-CommentsClose CommentsPermalink





(1) HEALTH CARE PROVIDERS- In any health care lawsuit where final judgment is rendered against a health care provider, the amount of noneconomic damages recovered from the provider, if otherwise available under applicable Federal or State law, may be as much as $250,000, regardless of the number of parties other than a health care institution against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence.CommentsClose CommentsPermalink





(2) HEALTH CARE INSTITUTIONS-CommentsClose CommentsPermalink





(A) SINGLE INSTITUTION- In any health care lawsuit where final judgment is rendered against a single health care institution, the amount of noneconomic damages recovered from the institution, if otherwise available under applicable Federal or State law, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence.CommentsClose CommentsPermalink





(B) MULTIPLE INSTITUTIONS- In any health care lawsuit where final judgment is rendered against more than one health care institution, the amount of noneconomic damages recovered from each institution, if otherwise available under applicable Federal or State law, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence, except that the total amount recovered from all such institutions in such lawsuit shall not exceed $500,000.CommentsClose CommentsPermalink





(c) No Discount of Award for Noneconomic Damages- In any health care lawsuit--CommentsClose CommentsPermalink





(1) an award for future noneconomic damages shall not be discounted to present value;CommentsClose CommentsPermalink





(2) the jury shall not be informed about the maximum award for noneconomic damages under subsection (b);CommentsClose CommentsPermalink





(3) an award for noneconomic damages in excess of the limitations provided for in subsection (b) shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law; andCommentsClose CommentsPermalink





(4) if separate awards are rendered for past and future noneconomic damages and the combined awards exceed the limitations described in subsection (b), the future noneconomic damages shall be reduced first.CommentsClose CommentsPermalink





(d) Fair Share Rule- In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. A separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm.CommentsClose CommentsPermalink

SEC. 3206. MAXIMIZING PATIENT RECOVERY.

(a) Court Supervision of Share of Damages Actually Paid to Claimants-CommentsClose CommentsPermalink





(1) IN GENERAL- In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants.CommentsClose CommentsPermalink





(2) CONTINGENCY FEES-CommentsClose CommentsPermalink





(A) IN GENERAL- In any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity.CommentsClose CommentsPermalink





(B) LIMITATION- The total of all contingent fees for representing all claimants in a health care lawsuit shall not exceed the following limits:CommentsClose CommentsPermalink





(i) Forty percent of the first $50,000 recovered by the claimant(s).CommentsClose CommentsPermalink





(ii) Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s).CommentsClose CommentsPermalink





(iii) Twenty-five percent of the next $500,000 recovered by the claimant(s).CommentsClose CommentsPermalink





(iv) Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000.CommentsClose CommentsPermalink





(b) Applicability-CommentsClose CommentsPermalink





(1) IN GENERAL- The limitations in subsection (a) shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution.CommentsClose CommentsPermalink





(2) MINORS- In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section.CommentsClose CommentsPermalink





(c) Expert Witnesses-CommentsClose CommentsPermalink





(1) REQUIREMENT- No individual shall be qualified to testify as an expert witness concerning issues of negligence in any health care lawsuit against a defendant unless such individual--CommentsClose CommentsPermalink





(A) except as required under paragraph (2), is a health care professional who--CommentsClose CommentsPermalink





(i) is appropriately credentialed or licensed in 1 or more States to deliver health care services; andCommentsClose CommentsPermalink





(ii) typically treats the diagnosis or condition or provides the type of treatment under review; andCommentsClose CommentsPermalink





(B) can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the lawsuit against the defendant, the individual was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the lawsuit on the date of the incident.CommentsClose CommentsPermalink





(2) PHYSICIAN REVIEW- In a health care lawsuit, if the claim of the plaintiff involved treatment that is recommended or provided by a physician (allopathic or osteopathic), an individual shall not be qualified to be an expert witness under this subsection with respect to issues of negligence concerning such treatment unless such individual is a physician.CommentsClose CommentsPermalink





(3) SPECIALTIES AND SUBSPECIALTIES- With respect to a lawsuit described in paragraph (1), a court shall not permit an expert in one medical specialty or subspecialty to testify against a defendant in another medical specialty or subspecialty unless, in addition to a showing of substantial familiarity in accordance with paragraph (1)(B), there is a showing that the standards of care and practice in the two specialty or subspecialty fields are similar.CommentsClose CommentsPermalink





(4) LIMITATION- The limitations in this subsection shall not apply to expert witnesses testifying as to the degree or permanency of medical or physical impairment.CommentsClose CommentsPermalink

SEC. 3207. ADDITIONAL HEALTH BENEFITS.

(a) In General- The amount of any damages received by a claimant in any health care lawsuit shall be reduced by the court by the amount of any collateral source benefits to which the claimant is entitled, less any insurance premiums or other payments made by the claimant (or by the spouse, parent, child, or legal guardian of the claimant) to obtain or secure such benefits.CommentsClose CommentsPermalink





(b) Preservation of Current Law- Where a payor of collateral source benefits has a right of recovery by reimbursement or subrogation and such right is permitted under Federal or State law, subsection (a) shall not apply.CommentsClose CommentsPermalink





(c) Application of Provision- This section shall apply to any health care lawsuit that is settled or resolved by a fact finder.CommentsClose CommentsPermalink

SEC. 3208. PUNITIVE DAMAGES.

(a) Punitive Damages Permitted-CommentsClose CommentsPermalink





(1) IN GENERAL- Punitive damages may, if otherwise available under applicable State or Federal law, be awarded against any person in a health care lawsuit only if it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer.CommentsClose CommentsPermalink





(2) FILING OF LAWSUIT- No demand for punitive damages shall be included in a health care lawsuit as initially filed. A court may allow a claimant to file an amended pleading for punitive damages only upon a motion by the claimant and after a finding by the court, upon review of supporting and opposing affidavits or after a hearing, after weighing the evidence, that the claimant has established by a substantial probability that the claimant will prevail on the claim for punitive damages.CommentsClose CommentsPermalink





(3) SEPARATE PROCEEDING- At the request of any party in a health care lawsuit, the trier of fact shall consider in a separate proceeding--CommentsClose CommentsPermalink





(A) whether punitive damages are to be awarded and the amount of such award; andCommentsClose CommentsPermalink





(B) the amount of punitive damages following a determination of punitive liability.CommentsClose CommentsPermalink





If a separate proceeding is requested, evidence relevant only to the claim for punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded.CommentsClose CommentsPermalink





(4) LIMITATION WHERE NO COMPENSATORY DAMAGES ARE AWARDED- In any health care lawsuit where no judgment for compensatory damages is rendered against a person, no punitive damages may be awarded with respect to the claim in such lawsuit against such person.CommentsClose CommentsPermalink





(b) Determining Amount of Punitive Damages-CommentsClose CommentsPermalink





(1) FACTORS CONSIDERED- In determining the amount of punitive damages under this section, the trier of fact shall consider only the following:CommentsClose CommentsPermalink





(A) the severity of the harm caused by the conduct of such party;CommentsClose CommentsPermalink





(B) the duration of the conduct or any concealment of it by such party;CommentsClose CommentsPermalink





(C) the profitability of the conduct to such party;CommentsClose CommentsPermalink





(D) the number of products sold or medical procedures rendered for compensation, as the case may be, by such party, of the kind causing the harm complained of by the claimant;CommentsClose CommentsPermalink





(E) any criminal penalties imposed on such party, as a result of the conduct complained of by the claimant; andCommentsClose CommentsPermalink





(F) the amount of any civil fines assessed against such party as a result of the conduct complained of by the claimant.CommentsClose CommentsPermalink





(2) MAXIMUM AWARD- The amount of punitive damages awarded in a health care lawsuit may not exceed an amount equal to two times the amount of economic damages awarded in the lawsuit or $250,000, whichever is greater. The jury shall not be informed of the limitation under the preceding sentence.CommentsClose CommentsPermalink





(c) Liability of Health Care Providers-CommentsClose CommentsPermalink





(1) IN GENERAL- A health care provider who prescribes, or who dispenses pursuant to a prescription, a drug, biological product, or medical device approved by the Food and Drug Administration, for an approved indication of the drug, biological product, or medical device, shall not be named as a party to a product liability lawsuit invoking such drug, biological product, or medical device and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or product seller of such drug, biological product, or medical device.CommentsClose CommentsPermalink





(2) MEDICAL PRODUCT- The term ‘medical product’ means a drug or device intended for humans. The terms ‘drug’ and ‘device’ have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321), respectively, including any component or raw material used therein, but excluding health care services.CommentsClose CommentsPermalink

SEC. 3209. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS.

(a) In General- In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws.CommentsClose CommentsPermalink





(b) Applicability- This section applies to all actions which have not been first set for trial or retrial before the effective date of this Act.CommentsClose CommentsPermalink

SEC. 3210. EFFECT ON OTHER LAWS.

(a) General Vaccine Injury-CommentsClose CommentsPermalink





(1) IN GENERAL- To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death--CommentsClose CommentsPermalink





(A) this Act shall not affect the application of the rule of law to such an action; andCommentsClose CommentsPermalink





(B) any rule of law prescribed by this Act in conflict with a rule of law of such title XXI shall not apply to such action.CommentsClose CommentsPermalink





(2) EXCEPTION- If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this Act or otherwise applicable law (as determined under this Act) will apply to such aspect of such action.CommentsClose CommentsPermalink





(b) Smallpox Vaccine Injury-CommentsClose CommentsPermalink





(1) IN GENERAL- To the extent that part C of title II of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a smallpox vaccine-related injury or death--CommentsClose CommentsPermalink





(A) this Act shall not affect the application of the rule of law to such an action; andCommentsClose CommentsPermalink





(B) any rule of law prescribed by this Act in conflict with a rule of law of such part C shall not apply to such action.CommentsClose CommentsPermalink





(2) EXCEPTION- If there is an aspect of a civil action brought for a smallpox vaccine-related injury or death to which a Federal rule of law under part C of title II of the Public Health Service Act does not apply, then this Act or otherwise applicable law (as determined under this Act) will apply to such aspect of such action.CommentsClose CommentsPermalink





(c) Other Federal Law- Except as provided in this section, nothing in this Act shall be deemed to affect any defense available, or any limitation on liability that applies to, a defendant in a health care lawsuit or action under any other provision of Federal law.CommentsClose CommentsPermalink

SEC. 3211. STATE FLEXIBILITY AND PROTECTION OF STATES’ RIGHTS.

(a) Health Care Lawsuits- The provisions governing health care lawsuits set forth in this Act shall preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this Act. The provisions governing health care lawsuits set forth in this Act supersede chapter 171 of title 28, United States Code, to the extent that such chapter--CommentsClose CommentsPermalink





(1) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this Act; orCommentsClose CommentsPermalink





(2) prohibits the introduction of evidence regarding collateral source benefits.CommentsClose CommentsPermalink





(b) Preemption of Certain State Laws- No provision of this Act shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this Act, notwithstanding section 5(a).CommentsClose CommentsPermalink





(c) Protection of State’s Rights and Other Laws-CommentsClose CommentsPermalink





(1) IN GENERAL- Any issue that is not governed by a provision of law established by or under this Act (including the State standards of negligence) shall be governed by otherwise applicable Federal or State law.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this Act shall be construed to--CommentsClose CommentsPermalink





(A) preempt or supersede any Federal or State law that imposes greater procedural or substantive protections (such as a shorter statute of limitations) for a health care provider or health care institution from liability, loss, or damages than those provided by this Act;CommentsClose CommentsPermalink





(B) preempt or supercede any State law that permits and provides for the enforcement of any arbitration agreement related to a health care liability claim whether enacted prior to or after the date of enactment of this Act;CommentsClose CommentsPermalink





(C) create a cause of action that is not otherwise available under Federal or State law; orCommentsClose CommentsPermalink





(D) affect the scope of preemption of any other Federal law.CommentsClose CommentsPermalink

SEC. 3212. APPLICABILITY; EFFECTIVE DATE.

This title shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of enactment of this title shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.CommentsClose CommentsPermalink

TITLE III--FINANCIAL TAKEOVER REPEALCommentsClose CommentsPermalink

SEC. 3301. REPEAL.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) is repealed, and the provisions of law amended by such Act are revived or restored as if such Act had not been enacted.CommentsClose CommentsPermalink

TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY (REINS ACT)CommentsClose CommentsPermalink

SEC. 3401. SHORT TITLE.

This title may be cited as ‘REINS Act’.CommentsClose CommentsPermalink

SEC. 3402. FINDINGS AND PURPOSE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Section 1 of article I of the United States Constitution grants all legislative powers to Congress.CommentsClose CommentsPermalink





(2) Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes.CommentsClose CommentsPermalink





(3) By requiring a vote in Congress, this Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the people of the United States for the laws imposed upon them.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process.CommentsClose CommentsPermalink

SEC. 3403. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

Chapter 8 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

‘Sec.CommentsClose CommentsPermalink





‘801. Congressional review.CommentsClose CommentsPermalink





‘802. Congressional approval procedure for major rules.CommentsClose CommentsPermalink





‘803. Congressional disapproval procedure for nonmajor rules.CommentsClose CommentsPermalink





‘804. Definitions.CommentsClose CommentsPermalink





‘805. Judicial review.CommentsClose CommentsPermalink





‘806. Exemption for monetary policy.CommentsClose CommentsPermalink





‘807. Effective date of certain rules.CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(i) a copy of the rule;CommentsClose CommentsPermalink





‘(ii) a concise general statement relating to the rule;CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(v) the proposed effective date of the rule.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) a complete copy of the cost-benefit analysis of the rule, if any;CommentsClose CommentsPermalink





‘(ii) the agency’s actions pursuant to title 5 of the United States Code, sections 603, 604, 605, 607, and 609;CommentsClose CommentsPermalink





‘(iii) the agency’s actions pursuant to title 2 of the United States Code, sections 1532, 1533, 1534, and 1535; andCommentsClose CommentsPermalink





‘(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) necessary because of an imminent threat to health or safety or other emergency;CommentsClose CommentsPermalink





‘(B) necessary for the enforcement of criminal laws;CommentsClose CommentsPermalink





‘(C) necessary for national security; orCommentsClose CommentsPermalink





‘(D) issued pursuant to any statute implementing an international trade agreement.CommentsClose CommentsPermalink





‘(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) in the case of the Senate, 60 session days, orCommentsClose CommentsPermalink





‘(B) in the case of the House of Representatives, 60 legislative days,CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) such rule were published in the Federal Register on--CommentsClose CommentsPermalink





‘(I) in the case of the Senate, the 15th session day, orCommentsClose CommentsPermalink





‘(II) in the case of the House of Representatives, the 15th legislative day,CommentsClose CommentsPermalink





after the succeeding session of Congress first convenes; andCommentsClose CommentsPermalink





‘(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).CommentsClose CommentsPermalink

‘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 X X relating to X X.’ (The blank spaces being appropriately filled in).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) the procedure in that House shall be the same as if no joint resolution had been received from the other House; butCommentsClose CommentsPermalink





‘(2) the vote on final passage shall be on the joint resolution of the other House.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(h) This section and section 803 are enacted by Congress--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘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 X X relating to X X, and such rule shall have no force or effect.’ (The blank spaces being appropriately filled in).CommentsClose CommentsPermalink





‘(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.CommentsClose CommentsPermalink





‘(2) For purposes of this section, the term ‘submission or publication date’ means the later of the date on which--CommentsClose CommentsPermalink





‘(A) the Congress receives the report submitted under section 801(a)(1); orCommentsClose CommentsPermalink





‘(B) the nonmajor rule is published in the Federal Register, if so published.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(1) The joint resolution of the other House shall not be referred to a committee.CommentsClose CommentsPermalink





‘(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--CommentsClose CommentsPermalink





‘(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; butCommentsClose CommentsPermalink





‘(B) the vote on final passage shall be on the joint resolution of the other House.CommentsClose CommentsPermalink

‘Sec. 804. Definitions

‘For purposes of this chapter--CommentsClose CommentsPermalink





‘(1) the term ‘Federal agency’ means any agency as that term is defined in section 551(1);CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) an annual effect on the economy of $100,000,000 or more;CommentsClose CommentsPermalink





‘(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; orCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) the term ‘nonmajor rule’ means any rule that is not a major rule; andCommentsClose CommentsPermalink





‘(4) the term ‘rule’ has the meaning given such term in section 551, except that such term does not include--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) any rule relating to agency management or personnel; orCommentsClose CommentsPermalink





‘(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.CommentsClose CommentsPermalink

‘Sec. 805. Judicial review

‘(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink

‘Sec. 807. Effective date of certain rules

‘Notwithstanding section 801--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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,CommentsClose CommentsPermalink





shall take effect at such time as the Federal agency promulgating the rule determines.’.CommentsClose CommentsPermalink

TITLE V--REGULATION MORATORIUM AND JOBS PRESERVATION ACTCommentsClose CommentsPermalink

SEC. 3501. SHORT TITLE.

This title may be cited as the ‘Regulation Moratorium and Jobs Preservation Act’.CommentsClose CommentsPermalink

SEC. 3502. DEFINITIONS.

In this title--CommentsClose CommentsPermalink





(1) the term ‘agency’ has the meaning given under section 3502(1) of title 44, United States Code;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) the term ‘significant regulatory action’ means any regulatory action that is likely to result in a rule or guidance that may--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;CommentsClose CommentsPermalink





(C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; orCommentsClose CommentsPermalink





(D) raise novel legal or policy issues; andCommentsClose CommentsPermalink





(4) the term ‘small entities’ has the meaning given under section 601(6) of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 3503. SIGNIFICANT REGULATORY ACTIONS.

(a) In General- No agency may take any significant regulatory action, until the Bureau of Labor Statistics average of monthly unemployment rates for any quarter beginning after the date of enactment of this Act is equal to or less than 7.7 percent.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3504. WAIVERS.

(a) National Security or National Emergency- The President may waive the application of section 3 to any significant regulatory action, if the President--CommentsClose CommentsPermalink





(1) determines that the waiver is necessary on the basis of national security or a national emergency; andCommentsClose CommentsPermalink





(2) submits notification to Congress of that waiver and the reasons for that waiver.CommentsClose CommentsPermalink





(b) Additional Waivers-CommentsClose CommentsPermalink





(1) SUBMISSION- The President may submit a request to Congress for a waiver of the application of section 3 to any significant regulatory action.CommentsClose CommentsPermalink





(2) CONTENTS- A submission under this subsection shall include--CommentsClose CommentsPermalink





(A) an identification of the significant regulatory action; andCommentsClose CommentsPermalink





(B) the reasons which necessitate a waiver for that significant regulatory action.CommentsClose CommentsPermalink





(3) CONGRESSIONAL ACTION- Congress shall give expeditious consideration and take appropriate legislative action with respect to any waiver request submitted under this subsection.CommentsClose CommentsPermalink

SEC. 3505. JUDICIAL REVIEW.

(a) Definition- In this section, the term ‘small business’ means any business, including an unincorporated business or a sole proprietorship, that employs not more than 500 employees or that has a net worth of less than $7,000,000 on the date a civil action arising under this Act is filed.CommentsClose CommentsPermalink





(b) Review- Any person that is adversely affected or aggrieved by any significant regulatory action in violation of this Act is entitled to judicial review in accordance with chapter 7 of title 5, United States Code.CommentsClose CommentsPermalink





(c) Jurisdiction- Each court having jurisdiction to review any significant regulatory action for compliance with any other provision of law shall have jurisdiction to review all claims under this Act.CommentsClose CommentsPermalink





(d) Relief- In granting any relief in any civil action under this section, the court shall order the agency to take corrective action consistent with this Act and chapter 7 of title 5, United States Code, including remanding the significant regulatory action to the agency and enjoining the application or enforcement of that significant regulatory action, unless the court finds by a preponderance of the evidence that application or enforcement is required to protect against an imminent and serious threat to the national security from persons or states engaged in hostile or military activities against the United States.CommentsClose CommentsPermalink





(e) Reasonable Attorney Fees for Small Businesses- The court shall award reasonable attorney fees and costs to a substantially prevailing small business in any civil action arising under this Act. A party qualifies as substantially prevailing even without obtaining a final judgment in its favor if the agency changes its position as a result of the civil action.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE VI--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND ONEROUS MANDATES ACT OF 2011CommentsClose CommentsPermalink

SEC. 3601. SHORT TITLE.

This title may be cited as the ‘Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011’.CommentsClose CommentsPermalink

SEC. 3602. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) A vibrant and growing small business sector is critical to the recovery of the economy of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) All agencies in the Federal Government should fully consider the costs, including indirect economic impacts and the potential for job loss, of proposed rules, periodically review existing regulations to determine their impact on small entities, and repeal regulations that are unnecessarily duplicative or have outlived their stated purpose.CommentsClose CommentsPermalink





(7) It is the intention of Congress to amend chapter 6 of title 5, United States Code, to ensure that all impacts, including foreseeable indirect effects, of proposed and final rules are considered by agencies during the rulemaking process and that the agencies assess a full range of alternatives that will limit adverse economic consequences, enhance economic benefits, and fully address potential job loss.CommentsClose CommentsPermalink

SEC. 3603. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY ANALYSES.

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





‘(9) the term ‘economic impact’ means, with respect to a proposed or final rule--CommentsClose CommentsPermalink





‘(A) the economic effects on small entities directly regulated by the rule; andCommentsClose CommentsPermalink





‘(B) the reasonably foreseeable economic effects of the rule on small entities that--CommentsClose CommentsPermalink





‘(i) purchase products or services from, sell products or services to, or otherwise conduct business with entities directly regulated by the rule;CommentsClose CommentsPermalink





‘(ii) are directly regulated by other governmental entities as a result of the rule; orCommentsClose CommentsPermalink





‘(iii) are not directly regulated by the agency as a result of the rule but are otherwise subject to other agency regulations as a result of the rule.’.CommentsClose CommentsPermalink

SEC. 3604. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO CHALLENGE PROPOSED REGULATIONS.

Section 611(a) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘603,’ after ‘601,’;CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘603,’ after ‘601,’;CommentsClose CommentsPermalink





(3) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) A small entity may seek such review during the 1-year period beginning on the date of final agency action, except that--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(4) in paragraph (4)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘, and’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 3605. PERIODIC REVIEW.

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

‘Sec. 610. Periodic review of rules

‘(a)(1) Not later than 180 days after the date of enactment of the Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011, each agency shall establish a plan for the periodic review of--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) In reviewing rules and small entity compliance guides under paragraph (1), the agency shall determine whether the rules and guides should--CommentsClose CommentsPermalink





‘(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); orCommentsClose CommentsPermalink





‘(B) continue in effect without change.CommentsClose CommentsPermalink





‘(3) Each agency shall publish the plan established under paragraph (1) in the Federal Register and on the Web site of the agency.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Each plan established under subsection (a) shall provide for--CommentsClose CommentsPermalink





‘(1) the review of each rule and small entity compliance guide described in subsection (a)(1) in effect on the date of enactment of the Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011--CommentsClose CommentsPermalink





‘(A) not later than 9 years after the date of publication of the plan in the Federal Register; andCommentsClose CommentsPermalink





‘(B) every 9 years thereafter; andCommentsClose CommentsPermalink





‘(2) the review of each rule adopted and small entity compliance guide described in subsection (a)(1) that is published after the date of enactment of the Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011--CommentsClose CommentsPermalink





‘(A) not later than 9 years after the publication of the final rule in the Federal Register; andCommentsClose CommentsPermalink





‘(B) every 9 years thereafter.CommentsClose CommentsPermalink





‘(c) In reviewing rules under the plan required under subsection (a), the agency shall consider--CommentsClose CommentsPermalink





‘(1) the continued need for the rule;CommentsClose CommentsPermalink





‘(2) the nature of complaints received by the agency from small entities concerning the rule;CommentsClose CommentsPermalink





‘(3) comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration;CommentsClose CommentsPermalink





‘(4) the complexity of the rule;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(8) the economic impact of the rule, including--CommentsClose CommentsPermalink





‘(A) the estimated number of small entities to which the rule will apply;CommentsClose CommentsPermalink





‘(B) the estimated number of small entity jobs that will be lost or created due to the rule; andCommentsClose CommentsPermalink





‘(C) the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including--CommentsClose CommentsPermalink





‘(i) an estimate of the classes of small entities that will be subject to the requirement; andCommentsClose CommentsPermalink





‘(ii) the type of professional skills necessary for preparation of the report or record.CommentsClose CommentsPermalink





‘(d)(1) Each agency shall submit an annual report regarding the results of the review required under subsection (a) to--CommentsClose CommentsPermalink





‘(A) Congress; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) a brief description of each rule or guide;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f)(1) Not later than 6 months after each date described in subsection (b)(1), the Inspector General for each agency shall--CommentsClose CommentsPermalink





‘(A) determine whether the agency has conducted the review required under subsection (b) appropriately; andCommentsClose CommentsPermalink





‘(B) notify the head of the agency of--CommentsClose CommentsPermalink





‘(i) the results of the determination under subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) any issues preventing the Inspector General from determining that the agency has conducted the review under subsection (b) appropriately.CommentsClose CommentsPermalink





‘(2)(A) Not later than 6 months after the date on which the head of an agency receives a notice under paragraph (1)(B) that the agency has not conducted the review under subsection (b) appropriately, the agency shall address the issues identified in the notice.CommentsClose CommentsPermalink





‘(B) Not later than 30 days after the last day of the 6-month period described in subparagraph (A), the Inspector General for an agency that receives a notice described in subparagraph (A) shall--CommentsClose CommentsPermalink





‘(i) determine whether the agency has addressed the issues identified in the notice; andCommentsClose CommentsPermalink





‘(ii) notify Congress if the Inspector General determines that the agency has not addressed the issues identified in the notice; andCommentsClose CommentsPermalink





‘(C) Not later than 30 days after the date on which the Inspector General for an agency transmits a notice under subparagraph (B)(ii), an amount equal to 1 percent of the amount appropriated for the fiscal year to the appropriations account of the agency that is used to pay salaries shall be rescinded.CommentsClose CommentsPermalink





‘(D) Nothing in this paragraph may be construed to prevent Congress from acting to prevent a rescission under subparagraph (C).’.CommentsClose CommentsPermalink