,i #aacth ,,congress #ast ,session ,h4 ,r4 #bfgd ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjac ,mr4 ,buchanan introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on the ,judiciary1 ,natural ,resources1 ,education and the ,workforce1 ,transportation and ,infrastructure1 ,energy and ,commerce1 ,small ,business1 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to encourage job creation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,job ,creation ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,trade ,sec4 #aja4 ,sense of ,congress regarding expanding trading markets4 ,sec4 #ajb4 ,sense of ,congress regarding ,china's intellectual property rights violations4 ,title ,,ii--,tax reform ,sec4 #bja4 ,sense of ,congress regarding tax reform4 ,title ,,iii--,balanced budget amendment ,sec4 #cja4 ,sense of ,congress regarding a balanced budget amendment4 ,title ,,iv--,energy ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,leasing program for lands within the ,coastal ,plain4 ,sec4 #djd4 ,lease sales4 ,sec4 #dje4 ,grant of leases by the ,secretary4 ,sec4 #djf4 ,lease terms and conditions4 ,sec4 #djg4 ,coastal ,plain environmental protection4 ,sec4 #djh4 ,expedited judicial review4 ,sec4 #dji4 ,federal and ,state distribution of revenues4 ,sec4 #daj4 ,rights-of-way across the ,coastal ,plain4 ,sec4 #daa4 ,conveyance4 ,sec4 #dab4 ,local government impact aid and community service assistance4 ,sec4 #dac4 ,,anwr ,alternative ,energy ,trust ,fund4 ,title ,v--,northern ,route ,approval ,act ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,findings4 ,sec4 #ejc4 ,keystone ,,xl permit approval4 ,sec4 #ejd4 ,judicial review4 ,sec4 #eje4 ,american burying beetle4 ,sec4 #ejf4 ,right-of-way and temporary use permit4 ,sec4 #ejg4 ,permits for activities in navigable waters4 ,sec4 #ejh4 ,migratory ,bird ,treaty ,act permit4 ,sec4 #eji4 ,oil spill response plan disclosure4 ,title ,,vi--,repeal of employer health insurance mandate ,sec4 #fja4 ,repeal of employer health insurance mandate4 ,title ,,vii--,secret ,ballot ,protection ,act ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,findings4 ,sec4 #gjc4 ,national ,labor ,relations ,act4 ,sec4 #gjd4 ,regulations4 ,title ,,viii--,federal ,rules of ,civil ,procedure improvements ,sec4 #hja4 ,attorney accountability4 ,sec4 #hjb4 ,applicability of ,rule #aa to ,state cases affecting interstate commerce4 ,sec4 #hjc4 ,prevention of forum-shopping4 ,sec4 #hjd4 ,rule of construction4 ,sec4 #hje4 ,three-strikes rule for suspending attorneys who commit multiple ,rule #aa violations4 ,sec4 #hjf4 ,presumption of ,rule #aa violation for repeatedly relitigating same issue4 ,sec4 #hjg4 ,enhanced sanctions for document destruction in pending ,federal court proceedings4 ,sec4 #hjh4 ,ban on concealment of unlawful conduct4 ,title ,,ix--,regulatory ,flexibility ,improvements ,act of #bjac ,sec4 #ija4 ,short title4 ,sec4 #ijb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act4 ,sec4 #ijc4 ,requirements providing for more detailed analyses4 ,sec4 #ijd4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy4 ,sec4 #ije4 ,procedures for gathering comments4 ,sec4 #ijf4 ,periodic review of rules4 ,sec4 #ijg4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule4 ,sec4 #ijh4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act4 ,sec4 #iji4 ,clerical amendments4 ,i ,trade #aja4 ,sense of ,congress regarding expanding trading markets 7a7 ,findings ,congress finds the following3 7#a7 ,ninety-five percent of the world's consumers live outside the ,united ,states4 7#b7 ,it is imperative to the ,united ,states economy that ,united ,states businesses sell their goods and services outside the ,united ,states4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,congress should continue to work with the ,administration to expand trading markets2 and 7#b7 the future growth of the ,united ,states economy requires this pro-growth strategy4 #ajb4 ,sense of ,congress regarding ,china's intellectual property rights violations 7a7 ,findings ,congress finds the following3 7#a7 ,united ,states copyright industries suffer severe losses due to piracy in ,china4 7#b7 ,counterfeiting remains pervasive in many retail and wholesale markets in ,china4 7#c7 ,china also maintains market access barriers1 which delay entry into ,china for legitimate products and1 thus1 create commercial opportunities for infringing products4 7#d7 ,according to a report by the ,united ,states ,international ,trade ,commission1 ,chinese piracy and counterfeiting of ,united ,states software and a wide range of other intellectual property cost ,american businesses an estimated #dh billion in #bjji4 7#e7 ,the report also concluded that #b4a million jobs could be created in the ,united ,states if ,china complied with its current international obligations to protect and enforce intellectual property rights4 7#f7 ,the most direct jobs impact would come in high-tech and other innovative industries4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,china's intellectual property rights violations are a problem for our economy4 ,,ii ,tax reform #bja4 ,sense of ,congress regarding tax reform 7a7 ,findings ,congress finds the following3 7#a7 ,the ,federal tax code is long1 complex1 antiquated1 and stifling growth in our economy4 7#b7 ,comprehensive reform of the ,federal tax code is needed to get ,americans working again and our economy back on track4 7#c7 ,independent economists estimate that1 when coupled with reduced ,federal spending1 comprehensive tax reform could lead to the creation of #a million jobs in the first year alone4 7#d7 ,the ,internal ,revenue ,service reports that the average person spends more than #ac hours to fill out the tax forms4 7#e7 ,a ,,usa ,today editorial lampooned the complexity by noting that the instruction booklet for ,apple's ,ipad is one page1 while the instruction booklet for this year's ,,irs #ajdj long form is #agb pages4 7#f7 ,the ,federal tax system needs to be reformed in order for the ,united ,states to once again be competitive in the international market4 7#g7 ,the ,united ,states has the highest corporate tax rate in the industrialized world4 7#h7 ,in #aifj1 #ag companies headquartered in the ,united ,states comprised #ag of the world's largest #bj companies--that's #he percent4 ,by #bjaj1 just #f companies headquartered in the ,united ,states--or a mere #cj percent--were ranked among the top #bj4 7b7 ,sense of ,congress ,it is the sense of ,congress that reforming the ,federal tax code will benefit ,american taxpayers and our economy4 ,,iii ,balanced budget amendment #cja4 ,sense of ,congress regarding a balanced budget amendment 7a7 ,findings ,the ,congress finds that a balanced budget amendment would put the ,united ,states on a path to solvency and help bring stability to the economy4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,congress needs to pass a balanced budget amendment to the ,united ,states ,constitution and send it to the ,states for ratification4 ,,iv ,energy #dja4 ,short title ,this title may be cited as the ,american ,energy ,independence and ,price ,reduction ,act4 #djb4 ,definitions ,in this title3 7#a7 ,coastal plain ,the term ,coastal ,plain means that area described in appendix ,i to part #cg of title #ej1 ,code of ,federal ,regulations4 7#b7 ,secretary ,the term ,secretary1 except as otherwise provided1 means the ,secretary of the ,interior or the ,secretary's designee4 #djc4 ,leasing program for lands within the ,coastal ,plain 7a7 ,in ,general ,the ,secretary shall take such actions as are necessary-- 7#a7 to establish and implement1 in accordance with this title and acting through the ,director of the ,bureau of ,land ,management in consultation with the ,director of the ,united ,states ,fish and ,wildlife ,service1 a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer the provisions of this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 subsistence resources1 and the environment1 including1 in furtherance of this goal1 by requiring the application of the best commercially available technology for oil and gas exploration1 development1 and production to all exploration1 development1 and production operations under this ,act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased4 7b7 ,repeal 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act is amended by striking the item relating to section #ajjc4 7c7 ,compliance ,with ,requirements ,under ,certain ,other ,laws 7#a7 ,compatibility ,for purposes of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the oil and gas leasing program and activities authorized by this section in the ,coastal ,plain are deemed to be compatible with the purposes for which the ,arctic ,national ,wildlife ,refuge was established1 and no further findings or decisions are required to implement this determination4 7#b7 ,adequacy of the department of the interior's legislative environmental impact statement ,the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 is deemed to satisfy the requirements under the ,national ,environmental ,policy ,act of #aifi that apply with respect to prelease activities1 including actions authorized to be taken by the ,secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale4 7#c7 ,compliance with nepa for other actions ,before conducting the first lease sale under this title1 the ,secretary shall prepare an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi with respect to the actions authorized by this title that are not referred to in paragraph 7#b74 ,notwithstanding any other law1 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action4 ,the ,secretary shall only identify a preferred action for such leasing and a single leasing alternative1 and analyze the environmental effects and potential mitigation measures for those two alternatives4 ,the identification of the preferred action and related analysis for the first lease sale under this title shall be completed within #ah months after the date of enactment of this ,act4 ,the ,secretary shall only consider public comments that specifically address the ,secretary's preferred action and that are filed within #bj days after publication of an environmental analysis4 ,notwithstanding any other law1 compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title4 7d7 ,relationship to ,state and ,local ,authority ,nothing in this title shall be considered to expand or limit ,state and local regulatory authority4 7e7 ,special ,areas 7#a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the city of ,kaktovik1 and the ,north ,slope ,borough1 may designate up to a total of #de1jjj acres of the ,coastal ,plain as a ,special ,area if the ,secretary determines that the ,special ,area is of such unique character and interest so as to require special management and regulatory protection4 ,the ,secretary shall designate as such a ,special ,area the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres4 7#b7 ,management ,each such ,special ,area shall be managed so as to protect and preserve the area's unique and diverse character including its fish1 wildlife1 and subsistence resource values4 7#c7 ,exclusion from leasing or surface occupancy ,the ,secretary may exclude any ,special ,area from leasing4 ,if the ,secretary leases a ,special ,area1 or any part thereof1 for purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the lands comprising the ,special ,area4 7#d7 ,directional drilling ,notwithstanding the other provisions of this subsection1 the ,secretary may lease all or a portion of a ,special ,area under terms that permit the use of horizontal drilling technology from sites on leases located outside the ,special ,area4 7f7 ,limitation on ,closed ,areas ,the ,secretary's sole authority to close lands within the ,coastal ,plain to oil and gas leasing and to exploration1 development1 and production is that set forth in this title4 7g7 ,regulations 7#a7 ,in general ,the ,secretary shall prescribe such regulations as may be necessary to carry out this title1 including rules and regulations relating to protection of the fish and wildlife1 their habitat1 subsistence resources1 and environment of the ,coastal ,plain1 by no later than #ae months after the date of enactment of this ,act4 7#b7 ,revision of regulations ,the ,secretary shall periodically review and1 if appropriate1 revise the rules and regulations issued under subsection 7a7 to reflect any significant biological1 environmental1 or engineering data that come to the ,secretary's attention4 #djd4 ,lease sales 7a7 ,in ,general ,lands may be leased pursuant to this title to any person qualified to obtain a lease for deposits of oil and gas under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq474 7b7 ,procedures ,the ,secretary shall1 by regulation1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area in the ,coastal ,plain for inclusion in1 or exclusion 7as provided in subsection 7c77 from1 a lease sale2 7#b7 the holding of lease sales after such nomination process2 and 7#c7 public notice of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease ,sale ,bids ,bidding for leases under this title shall be by sealed competitive cash bonus bids4 7d7 ,acreage ,minimum in ,first ,sale ,in the first lease sale under this title1 the ,secretary shall offer for lease those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a71 but in no case less than #bjj1jjj acres4 7e7 ,timing of ,lease ,sales ,the ,secretary shall-- 7#a7 conduct the first lease sale under this title within #bb months after the date of the enactment of this ,act2 7#b7 evaluate the bids in such sale and issue leases resulting from such sale1 within #ij days after the date of the completion of such sale2 and 7#c7 conduct additional sales so long as sufficient interest in development exists to warrant1 in the ,secretary's judgment1 the conduct of such sales4 #dje4 ,grant of leases by the ,secretary 7a7 ,in ,general ,the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section #djd any lands to be leased on the ,coastal ,plain upon payment by the lessee of such bonus as may be accepted by the ,secretary4 7b7 ,subsequent ,transfers ,no lease issued under this title may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 ,prior to any such approval the ,secretary shall consult with1 and give due consideration to the views of1 the ,attorney ,general4 #djf4 ,lease terms and conditions 7a7 ,in ,general ,an oil or gas lease issued pursuant to this title shall-- 7#a7 provide for the payment of a royalty of not less than #aba_/b percent in amount or value of the production removed or sold from the lease1 as determined by the ,secretary under the regulations applicable to other ,federal oil and gas leases2 7#b7 provide that the ,secretary may close1 on a seasonal basis1 portions of the ,coastal ,plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife2 7#c7 require that the lessee of lands within the ,coastal ,plain shall be fully responsible and liable for the reclamation of lands within the ,coastal ,plain and any other ,federal lands that are adversely affected in connection with exploration1 development1 production1 or transportation activities conducted under the lease and within the ,coastal ,plain by the lessee or by any of the subcontractors or agents of the lessee2 7#d7 provide that the lessee may not delegate or convey1 by contract or otherwise1 the reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#e7 provide that the standard of reclamation for lands required to be reclaimed under this title shall be1 as nearly as practicable1 a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration1 development1 or production activities1 or upon application by the lessee1 to a higher or better use as approved by the ,secretary2 7#f7 contain terms and conditions relating to protection of fish and wildlife1 their habitat1 subsistence resources1 and the environment as required pursuant to section #djc7;a77#b72 7#g7 provide that the lessee1 its agents1 and its contractors use best efforts to provide a fair share1 as determined by the level of obligation previously agreed to in the #aigd agreement implementing section #bi of the ,federal ,agreement and ,grant of ,right of ,way for the ,operation of the ,trans-,alaska ,pipeline1 of employment and contracting for ,alaska ,natives and ,alaska ,native ,corporations from throughout the ,state2 7#h7 prohibit the export of oil produced under the lease2 and 7#i7 contain such other provisions as the ,secretary determines necessary to ensure compliance with the provisions of this title and the regulations issued under this title4 7b7 ,project ,labor ,agreements ,the ,secretary1 as a term and condition of each lease under this title and in recognizing the ,government's proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this title and the special concerns of the parties to such leases1 shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production1 maintenance1 and construction under the lease4 #djg4 ,coastal ,plain environmental protection 7a7 ,no ,significant ,adverse ,effect ,standard ,to ,govern ,authorized ,coastal ,plain ,activities ,the ,secretary shall1 consistent with the requirements of section #djc1 administer the provisions of this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that-- 7#a7 ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum amount of surface acreage covered by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #b1jjj acres on the ,coastal ,plain4 7b7 ,site-,specific ,assessment and ,mitigation ,the ,secretary shall also require1 with respect to any proposed drilling and related activities1 that-- 7#a7 a site-specific analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 their habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan4 7c7 ,regulations ,to ,protect ,coastal ,plain ,fish and ,wildlife ,resources1 ,subsistence ,users1 and the ,environment ,before implementing the leasing program authorized by this title1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other measures designed to ensure that the activities undertaken on the ,coastal ,plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title4 7d7 ,compliance ,with ,federal and ,state ,environmental ,laws and ,other ,requirements ,the proposed regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this title shall require compliance with all applicable provisions of ,federal and ,state environmental law1 and shall also require the following3 7#a7 ,standards at least as effective as the safety and environmental mitigation measures set forth in items #a through #bi at pages #afg through #afi of the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain4 7#b7 ,seasonal limitations on exploration1 development1 and related activities1 where necessary1 to avoid significant adverse effects during periods of concentrated fish and wildlife breeding1 denning1 nesting1 spawning1 and migration4 7#c7 ,that exploration activities1 except for surface geological studies1 be limited to the period between approximately ,november #a and ,may #a each year and that exploration activities shall be supported1 if necessary1 by ice roads1 winter trails with adequate snow cover1 ice pads1 ice airstrips1 and air transport methods1 except that such exploration activities may occur at other times if the ,secretary finds that such exploration will have no significant adverse effect on the fish and wildlife1 their habitat1 and the environment of the ,coastal ,plain4 7#d7 ,design safety and construction standards for all pipelines and any access and service roads1 that-- 7,a7 minimize1 to the maximum extent possible1 adverse effects upon the passage of migratory species such as caribou2 and 7,b7 minimize adverse effects upon the flow of surface water by requiring the use of culverts1 bridges1 and other structural devices4 7#e7 ,prohibitions on general public access and use on all pipeline access and service roads4 7#f7 ,stringent reclamation and rehabilitation requirements1 consistent with the standards set forth in this title1 requiring the removal from the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment upon completion of oil and gas production operations1 except that the ,secretary may exempt from the requirements of this paragraph those facilities1 structures1 or equipment that the ,secretary determines would assist in the management of the ,arctic ,national ,wildlife ,refuge and that are donated to the ,united ,states for that purpose4 7#g7 ,appropriate prohibitions or restrictions on access by all modes of transportation4 7#h7 ,appropriate prohibitions or restrictions on sand and gravel extraction4 7#i7 ,consolidation of facility siting4 7#aj7 ,appropriate prohibitions or restrictions on use of explosives4 7#aa7 ,avoidance1 to the extent practicable1 of springs1 streams1 and river system2 the protection of natural surface drainage patterns1 wetlands1 and riparian habitats2 and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling4 7#ab7 ,avoidance or minimization of air traffic-related disturbance to fish and wildlife4 7#ac7 ,treatment and disposal of hazardous and toxic wastes1 solid wastes1 reserve pit fluids1 drilling muds and cuttings1 and domestic wastewater1 including an annual waste management report1 a hazardous materials tracking system1 and a prohibition on chlorinated solvents1 in accordance with applicable ,federal and ,state environmental law4 7#ad7 ,fuel storage and oil spill contingency planning4 7#ae7 ,research1 monitoring1 and reporting requirements4 7#af7 ,field crew environmental briefings4 7#ag7 ,avoidance of significant adverse effects upon subsistence hunting1 fishing1 and trapping by subsistence users4 7#ah7 ,compliance with applicable air and water quality standards4 7#ai7 ,appropriate seasonal and safety zone designations around well sites1 within which subsistence hunting and trapping shall be limited4 7#bj7 ,reasonable stipulations for protection of cultural and archeological resources4 7#ba7 ,all other protective environmental stipulations1 restrictions1 terms1 and conditions deemed necessary by the ,secretary4 7e7 ,considerations ,in preparing and promulgating regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations under this section1 the ,secretary shall consider the following3 7#a7 ,the stipulations and conditions that govern the ,national ,petroleum ,reserve-,alaska leasing program1 as set forth in the #aiii ,northeast ,national ,petroleum ,reserve-,alaska ,final ,integrated ,activity ,plan_/,environmental ,impact ,statement4 7#b7 ,the environmental protection standards that governed the initial ,coastal ,plain seismic exploration program under parts #cg4ca to #cg4cc of title #ej1 ,code of ,federal ,regulations4 7#c7 ,the land use stipulations for exploratory drilling on the ,,kic-,,asrc private lands that are set forth in appendix #b of the ,august #i1 #aihc1 agreement between ,arctic ,slope ,regional ,corporation and the ,united ,states4 7f7 ,facility ,consolidation ,planning 7#a7 ,in general ,the ,secretary shall1 after providing for public notice and comment1 prepare and update periodically a plan to govern1 guide1 and direct the siting and construction of facilities for the exploration1 development1 production1 and transportation of ,coastal ,plain oil and gas resources4 7#b7 ,objectives ,the plan shall have the following objectives3 7,a7 ,avoiding unnecessary duplication of facilities and activities4 7,b7 ,encouraging consolidation of common facilities and activities4 7,c7 ,locating or confining facilities and activities to areas that will minimize impact on fish and wildlife1 their habitat1 and the environment4 7,d7 ,utilizing existing facilities wherever practicable4 7,e7 ,enhancing compatibility between wildlife values and development activities4 7g7 ,access to ,public ,lands ,the ,secretary shall-- 7#a7 manage public lands in the ,coastal ,plain subject to subsections 7a7 and 7b7 of section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public lands in the ,coastal ,plain for traditional uses4 #djh4 ,expedited judicial review 7a7 ,filing of ,complaint 7#a7 ,deadline ,subject to paragraph 7#b71 any complaint seeking judicial review of any provision of this title or any action of the ,secretary under this title shall be filed-- 7,a7 except as provided in subparagraph 7,b71 within the #ij-;day period beginning on the date of the action being challenged2 or 7,b7 in the case of a complaint based solely on grounds arising after such period1 within #ij days after the complainant knew or reasonably should have known of the grounds for the complaint4 7#b7 ,venue ,any complaint seeking judicial review of any provision of this title or any action of the ,secretary under this title may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 7#c7 ,limitation on scope of certain review ,judicial review of a ,secretarial decision to conduct a lease sale under this title1 including the environmental analysis thereof1 shall be limited to whether the ,secretary has complied with the terms of this title and shall be based upon the administrative record of that decision4 ,the ,secretary's identification of a preferred course of action to enable leasing to proceed and the ,secretary's analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary4 7b7 ,limitation on ,other ,review ,actions of the ,secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement4 #dji4 ,federal and ,state distribution of revenues 7a7 ,in ,general ,notwithstanding any other provision of law1 of the amount of adjusted bonus1 rental1 and royalty revenues from ,federal oil and gas leasing and operations authorized under this title-- 7#a7 #ej percent shall be paid to the ,state of ,alaska2 and 7#b7 except as provided in section #dab7;d71 the balance shall be transferred to the ,,anwr ,alternative ,energy ,trust ,fund established by this title4 7b7 ,payments to ,alaska ,payments to the ,state of ,alaska under this section shall be made semiannually4 #daj4 ,rights-of-way across the ,coastal ,plain 7a7 ,in ,general ,the ,secretary shall issue rights-of-way and easements across the ,coastal ,plain for the transportation of oil and gas-- 7#a7 except as provided in paragraph 7#b71 under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 without regard to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq472 and 7#b7 under title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj and #caga74 7b7 ,terms and ,conditions ,the ,secretary shall include in any right-of-way or easement issued under subsection 7a7 such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife1 subsistence resources1 their habitat1 and the environment of the ,coastal ,plain1 including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines4 7c7 ,regulations ,the ,secretary shall include in regulations under section #djc7;g7 provisions granting rights-of-way and easements described in subsection 7a7 of this section4 #daa4 ,conveyance ,in order to maximize ,federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the ,coastal ,plain1 the ,secretary1 notwithstanding the provisions of section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 shall convey-- 7#a7 to the ,kaktovik ,inupiat ,corporation the surface estate of the lands described in paragraph #a of ,public ,land ,order #fiei1 to the extent necessary to fulfill the ,corporation's entitlement under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa and #afac7 in accordance with the terms and conditions of the ,agreement between the ,department of the ,interior1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation effective ,january #bb1 #aiic2 and 7#b7 to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which it is entitled pursuant to the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states of ,america4 #dab4 ,local government impact aid and community service assistance 7a7 ,financial ,assistance ,authorized 7#a7 ,in general ,the ,secretary may use amounts available from the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund established by subsection 7d7 to provide timely financial assistance to entities that are eligible under paragraph 7#b7 and that are directly impacted by the exploration for or production of oil and gas on the ,coastal ,plain under this title4 7#b7 ,eligible entities ,the ,north ,slope ,borough1 the ,city of ,kaktovik1 and any other borough1 municipal subdivision1 village1 or other community in the ,state of ,alaska that is directly impacted by exploration for1 or the production of1 oil or gas on the ,coastal ,plain under this title1 as determined by the ,secretary1 shall be eligible for financial assistance under this section4 7b7 ,use of ,assistance ,financial assistance under this section may be used only for-- 7#a7 planning for mitigation of the potential effects of oil and gas exploration and development on environmental1 social1 cultural1 recreational1 and subsistence values2 7#b7 implementing mitigation plans and maintaining mitigation projects2 7#c7 developing1 carrying out1 and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects1 including fire-fighting1 police1 water1 waste treatment1 medivac1 and medical services2 and 7#d7 establishment of a coordination office1 by the ,north ,slope ,borough1 in the ,city of ,kaktovik1 which shall-- 7,a7 coordinate with and advise developers on local conditions1 impact1 and history of the areas utilized for development2 and 7,b7 provide to the ,committee on ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report on the status of coordination between developers and the communities affected by development4 7c7 ,application 7#a7 ,in general ,any community that is eligible for assistance under this section may submit an application for such assistance to the ,secretary1 in such form and under such procedures as the ,secretary may prescribe by regulation4 7#b7 ,north slope borough communities ,a community located in the ,north ,slope ,borough may apply for assistance under this section either directly to the ,secretary or through the ,north ,slope ,borough4 7#c7 ,application assistance ,the ,secretary shall work closely with and assist the ,north ,slope ,borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section4 7d7 ,establishment of ,fund 7#a7 ,in general ,there is established in the ,treasury the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund4 7#b7 ,use ,amounts in the fund may be used only for providing financial assistance under this section4 7#c7 ,deposits ,subject to paragraph 7#d71 there shall be deposited into the fund amounts received by the ,united ,states as revenues derived from rents1 bonuses1 and royalties from ,federal leases and lease sales authorized under this title4 7#d7 ,limitation on deposits ,the total amount in the fund may not exceed #aa1jjj1jjj4 7#e7 ,investment of balances ,the ,secretary of the ,treasury shall invest amounts in the fund in interest bearing government securities4 7e7 ,authorization of ,appropriations ,to provide financial assistance under this section there is authorized to be appropriated to the ,secretary from the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund #e1jjj1jjj for each fiscal year4 #dac4 ,,anwr ,alternative ,energy ,trust ,fund 7a7 ,establishment of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,,anwr ,alternative ,energy ,trust ,fund1 consisting of such amounts as may be transferred to the ,,anwr ,alternative ,energy ,trust ,fund as provided in section #dji4 7b7 ,expenditures ,from ,,anwr ,alternative ,energy ,trust ,fund 7#a7 ,in general ,amounts in the ,,anwr ,alternative ,energy ,trust ,fund shall be available without further appropriation to carry out specified provisions of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 in this section referred to as ,e,p,act#bjje7 and the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 in this section referred to as ,e,i,s,act#bjjg71 as follows3 ,to carry out the provisions of3,the following percentage of annual receipts to the ,,anwr ,alternative ,energy ,trust ,fund1 but not to exceed the limit on amount authorized1 if any3 ,e,p,act#bjje3 ,section #baja4e percent ,section #bdba4j percent ,section #cfib4j percent ,section #djaf4j percent ,section #habf4j percent ,section #icaai4j percent ,section #idba4e percent ,section #ifbc4j percent ,section #ifha4e percent ,section #agjdf4j percent ,e,i,s,act#bjjg3 ,section #bjgae4j percent ,section #fjga4e percent ,title ,,vi1 ,subtitle ,b#c4j percent ,title ,,vi1 ,subtitle ,c#a4e percent ,section #fdai4j percent ,title ,,vii1 ,subtitle ,a#ae4j percent ,section #aaaba4e percent ,section #acjdf4j percent4 7#b7 ,apportionment of excess amount ,notwithstanding paragraph 7#a71 any amounts allocated under paragraph 7#a7 that are in excess of the amounts authorized in the applicable cited section or subtitle of ,e,p,act#bjje and ,e,i,s,act#bjjg shall be reallocated to the remaining sections and subtitles cited in paragraph 7#a71 up to the amounts otherwise authorized by law to carry out such sections and subtitles1 in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles4 ,v ,northern ,route ,approval ,act #eja4 ,short title ,this ,act may be cited as the ,northern ,route ,approval ,act4 #ejb4 ,findings ,the ,congress finds the following3 7#a7 ,to maintain our ,nation's competitive edge and ensure an economy built to last1 the ,united ,states must have fast1 reliable1 resilient1 and environmentally sound means of moving energy4 ,in a global economy1 we will compete for the world's investments based in significant part on the quality of our infrastructure4 ,investing in the ,nation's infrastructure provides immediate and long-term economic benefits for local communities and the ,nation as a whole4 7#b7 ,the delivery of oil from ,canada1 a close ally not only in proximity but in shared values and ideals1 to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources4 7#c7 ,the ,keystone ,,xl pipeline would provide both short-term and long-term employment opportunities and related labor income benefits1 such as government revenues associated with taxes4 7#d7 ,the ,state of ,nebraska has thoroughly reviewed and approved the proposed ,keystone ,,xl pipeline reroute1 concluding that the concerns of ,nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts4 7#e7 ,the ,department of ,state and other ,federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental1 social1 and economic impacts of the proposed ,keystone ,,xl pipeline1 and-- 7,a7 the ,department of ,state assessments found that the ,keystone ,,xl pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands2 7,b7 the ,department of ,state found that incremental life-cycle greenhouse gas emissions associated with the ,keystone ,,xl project are estimated in the range of #j4jg to #j4hc million metric tons of carbon dioxide equivalents1 with the upper end of this range representing twelve one-thousandths of one percent of the #f1gjb million metric tons of carbon dioxide emitted in the ,united ,states in #bjaa2 and 7,c7 after extensive evaluation of potential impacts to land and water resources along the ,keystone ,,xl pipeline's #hge-mile proposed route1 the ,department of ,state found that ,the analyses of potential impacts associated with construction and normal operation of the proposed ,project suggest that there would be no significant impacts to most resources along the proposed ,project route 7assuming ,keystone complies with all laws and required conditions and measures744 7#f7 ,the transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so1 and-- 7,a7 transportation of oil via pipeline has a record of unmatched safety and environmental protection1 and the ,department of ,state found that ,spills associated with the proposed ,project that enter the environment expected to be rare and relatively small1 and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the ,keystone ,,xl pipeline2 and 7,b7 plans to incorporate #eg project-specific special conditions related to the design1 construction1 and operations of the ,keystone ,,xl pipeline led the ,department of ,state to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline4 7#g7 ,the ,keystone ,,xl is in much the same position today as the ,alaska ,pipeline in #aigc prior to congressional action4 ,once again1 the ,federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources4 #ejc4 ,keystone ,,xl permit approval ,notwithstanding ,executive ,order ,no4 #acccg 7#c ,u4,s4,c4 #cja note71 ,executive ,order ,no4 #aadbc 7#c ,u4,s4,c4 #cja note71 section #cja of title #c1 ,united ,states ,code1 and any other ,executive order or provision of law1 no ,presidential permit shall be required for the pipeline described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,keystone ,pipeline1 ,l4,p4 to the ,department of ,state for the ,keystone ,,xl pipeline1 as supplemented to include the ,nebraska reroute evaluated in the ,final ,evaluation ,report issued by the ,nebraska ,department of ,environmental ,quality in ,january #bjac and approved by the ,nebraska governor4 ,the final environmental impact statement issued by the ,secretary of ,state on ,august #bf1 #bjaa1 coupled with the ,final ,evaluation ,report described in the previous sentence1 shall be considered to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 #ejd4 ,judicial review 7a7 ,exclusive jurisdiction ,except for review by the ,supreme ,court on writ of certiorari1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction to determine-- 7#a7 the validity of any final order or action 7including a failure to act7 of any ,federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the ,keystone ,,xl pipeline1 including any final order or action deemed to be taken1 made1 granted1 or issued2 7#b7 the constitutionality of any provision of this ,act1 or any decision or action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this ,act2 or 7#c7 the adequacy of any environmental impact statement prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 or of any analysis under any other ,act1 with respect to any action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this ,act4 7b7 ,deadline for filing claim ,a claim arising under this ,act may be brought not later than #fj days after the date of the decision or action giving rise to the claim4 7c7 ,expedited consideration ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall set any action brought under subsection 7a7 for expedited consideration1 taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in ,canada that are needed to meet the demand for oil4 #eje4 ,american burying beetle 7a7 ,findings ,the ,congress finds that-- 7#a7 environmental reviews performed for the ,keystone ,,xl pipeline project satisfy the requirements of section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 in its entirety2 and 7#b7 for purposes of that ,act1 the ,keystone ,,xl pipeline project will not jeopardize the continued existence of the ,american burying beetle or destroy or adversely modify ,american burying beetle critical habitat4 7b7 ,biological opinion ,the ,secretary of the ,interior is deemed to have issued a written statement setting forth the ,secretary's opinion containing such findings under section #g7;b77#a77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77;,a77 and any taking of the ,american burying beetle that is incidental to the construction or operation and maintenance of the ,keystone ,,xl pipeline as it may be ultimately defined in its entirety1 shall not be considered a prohibited taking of such species under such ,act4 #ejf4 ,right-of-way and temporary use permit ,the ,secretary of the ,interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 as set forth in the application tendered to the ,bureau of ,land ,management for the ,keystone ,,xl pipeline4 #ejg4 ,permits for activities in navigable waters 7a7 ,issuance of permits ,the ,secretary of the ,army1 not later than #ij days after receipt of an application therefor1 shall issue all permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 and section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc2 commonly known as the ,rivers and ,harbors ,appropriations ,act of #ahii71 necessary for the construction1 operation1 and maintenance of the pipeline described in the ,may #d1 #bjab1 application referred to in section #c1 as supplemented by the ,nebraska reroute4 ,the application shall be based on the administrative record for the pipeline as of the date of enactment of this ,act1 which shall be considered complete4 7b7 ,waiver of procedural requirements ,the ,secretary may waive any procedural requirement of law or regulation that the ,secretary considers desirable to waive in order to accomplish the purposes of this section4 7c7 ,issuance in absence of action by the ,secretary ,if the ,secretary has not issued a permit described in subsection 7a7 on or before the last day of the #ij-;day period referred to in subsection 7a71 the permit shall be deemed issued under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 as appropriate1 on the day following such last day4 7d7 ,limitation ,the ,administrator of the ,environmental ,protection ,agency may not prohibit or restrict an activity or use of an area that is authorized under this section4 #ejh4 ,migratory ,bird ,treaty ,act permit ,the ,secretary of the ,interior is deemed to have issued a special purpose permit under the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 as described in the application filed with the ,united ,states ,fish and ,wildlife ,service for the ,keystone ,,xl pipeline on ,january #aa1 #bjac4 #eji4 ,oil spill response plan disclosure 7a7 ,in general ,any pipeline owner or operator required under ,federal law to develop an oil spill response plan for the ,keystone ,,xl pipeline shall make such plan available to the ,governor of each ,state in which such pipeline operates to assist with emergency response preparedness4 7b7 ,updates ,a pipeline owner or operator required to make available to a ,governor a plan under subsection 7a7 shall make available to such ,governor any update of such plan not later than #g days after the date on which such update is made4 ,,vi ,repeal of employer health insurance mandate #fja4 ,repeal of employer health insurance mandate 7a7 ,in general ,chapter #dc of the ,internal ,revenue ,code of #aihf is amended by striking section #dihj;,h4 7b7 ,repeal of related reporting requirements ,subpart ,d of part ,,iii of subchapter ,a of chapter #fa of such ,code is amended by striking section #fjef4 7c7 ,conforming amendments 7#a7 ,subparagraph 7,b7 of section #fgbd7;d77#a7 of such ,code is amended by inserting or at the end of clause 7xxiii71 by striking and at the end of clause 7xxiv7 and inserting or1 and by striking clause 7xxv74 7#b7 ,paragraph 7#b7 of section #fgbd7;d7 of such ,code is amended by inserting or at the end of subparagraph 7,,ff71 by striking 1 or at the end of subparagraph 7,,gg7 and inserting a period1 and by striking subparagraph 7,,hh74 7#c7 ,the table of sections for chapter #dc of such ,code is amended by striking the item relating to section #dihj;,h4 7#d7 ,the table of sections for subpart ,d of part ,,iii of subchapter ,a of chapter #fa of such ,code is amended by striking the item relating to section #fjef4 7#e7 ,section #aeac of the ,patient ,protection and ,affordable ,care ,act is amended by striking subsection 7c74 7d7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to months and other periods beginning after ,december #ca1 #bjac4 7#b7 ,repeal of study and report ,the amendment made by subsection 7c77#e7 shall take effect on the date of the enactment of this ,act4 ,,vii ,secret ,ballot ,protection ,act #gja4 ,short title ,this title may be cited as the ,secret ,ballot ,protection ,act4 #gjb4 ,findings ,congress finds that-- 7#a7 the importance of a secret ballot election has been recognized by the ,united ,states for over #ajj years2 7#b7 the fundamental democratic right to choose by secret ballot is the only method that ensures a choice free of coercion1 intimidation1 irregularity1 or illegality2 7#c7 the recognition of a labor organization by way of a private agreement1 rather than a secret ballot election supervised by a neutral third party1 threatens an employee's right1 codified in the ,national ,labor ,relations ,act1 to choose whether or not to be represented by a labor organization2 and 7#d7 preserving workers' right to choose whether or not to be represented by a labor organization through a secret ballot election is important to the strength of the national economy4 #gjc4 ,national ,labor ,relations ,act 7a7 ,recognition of representative 7#a7 ,in general ,section #h7;a77#b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77#b77 is amended by inserting before the colon the following3 or to recognize or bargain collectively with a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the ,national ,labor ,relations ,board in accordance with section #i4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall not apply to collective bargaining relationships that were recognized before the date of enactment of this ,act4 7b7 ,election required 7#a7 ,in general ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b771 as amended by subsection 7c7 of this section1 is amended-- 7,a7 by striking and at the end of paragraph 7#f72 7,b7 by striking the period at the end of paragraph 7#g7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#h7 to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the ,national ,labor ,relations ,board in accordance with section #i4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall not apply to collective bargaining relationships that were recognized before the date of enactment of this ,act4 7c7 ,secret ballot election required ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a771 is amended-- 7#a7 by inserting 7#a7 after 7a72 7#b7 by inserting after designated or selected the following3 by a secret ballot election conducted by the ,national ,labor ,relations ,board in accordance with this section2 and 7#c7 by adding at the end the following3 7#b7 ,the secret ballot election requirement of paragraph 7#a7 shall not apply to collective bargaining relationships that were recognized before the date of enactment of the ,secret ,ballot ,protection ,act4 4 7d7 ,conforming amendments ,section #i7;c77#a7 of such ,act 7#bi ,u4,s4,c4 #aei7;c77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by striking and that their employer declines to recognize their representative as the representative defined in section #i7;a7 and inserting by a representative2 and 7,b7 in clause 7ii71 by striking section #i7;a72 and inserting subsection 7a712 and 7#b7 in subparagraph 7,b71 by striking alleging and all that follows through defined in section #i7;a74 #gjd4 ,regulations ,not later than #f months after the date of the enactment of this ,act the ,national ,labor ,relations ,board shall review and revise all regulations promulgated before such date to implement the amendments made in this title to the ,national ,labor ,relations ,act4 ,,viii ,federal ,rules of ,civil ,procedure improvements #hja4 ,attorney accountability ,rule #aa7;c7 of the ,federal ,rules of ,civil ,procedure is amended-- 7#a7 by amending the first sentence to read as follows3 ,if a pleading1 motion1 or other paper is signed in violation of this rule1 the court1 upon motion or upon its own initiative1 shall impose upon the attorney1 law firm1 or parties that have violated this subdivision or are responsible for the violation1 an appropriate sanction1 which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading1 motion1 or other paper1 that is the subject of the violation1 including a reasonable attorney's fee42 7#b7 in paragraph 7#a77;,a7-- 7,a7 by striking ,rule #e and all that follows through corrected4 and inserting ,rule #e42 and 7,b7 by striking the court may award and inserting the court shall award2 and 7#c7 in paragraph 7#b71 by striking shall be limited to what is sufficient and all that follows through the end of the paragraph 7including subparagraphs 7,a7 and 7,b77 and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated1 and to compensate the parties that were injured by such conduct4 ,the sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading1 motion1 or other paper that is the subject of the violation1 including a reasonable attorney's fee44 #hjb4 ,applicability of ,rule #aa to ,state cases affecting interstate commerce ,in any civil action in ,state court1 the court1 upon motion1 shall determine within #cj days after the filing of such motion whether the action substantially affects interstate commerce4 ,such court shall make such determination based on an assessment of the costs to the interstate economy1 including the loss of jobs1 were the relief requested granted4 ,if the court determines such action substantially affects interstate commerce1 the provisions of ,rule #aa of the ,federal ,rules of ,civil ,procedure shall apply to such action4 #hjc4 ,prevention of forum-shopping 7a7 ,in general ,subject to subsection 7b71 a personal injury claim filed in ,state or ,federal court may be filed only in the ,state and1 within that ,state1 in the county 7or if there is no ,state court in the county1 the nearest county where a court of general jurisdiction is located71 or ,federal district in which-- 7#a7 the person bringing the claim1 including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent-- 7,a7 resides at the time of filing2 or 7,b7 resided at the time of the alleged injury2 7#b7 the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred2 7#c7 the defendant's principal place of business is located1 if the defendant is a corporation2 or 7#d7 the defendant resides1 if the defendant is an individual4 7b7 ,determination of ,most ,appropriate ,forum ,if a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county 7or ,federal district71 the trial court shall determine which ,state and county 7or ,federal district7 is the most appropriate forum for the claim4 ,if the court determines that another forum would be the most appropriate forum for a claim1 the court shall dismiss the claim4 ,any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection4 7c7 ,definitions ,in this section3 7#a7 ,the term personal injury claim-- 7,a7 means a civil action brought under ,state law by any person to recover for a person's personal injury1 illness1 disease1 death1 mental or emotional injury1 risk of disease1 or other injury1 or the costs of medical monitoring or surveillance 7to the extent such claims are recognized under ,state law71 including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party1 including a spouse1 parent1 child1 or other relative of such person1 a guardian1 or an estate2 7,b7 does not include a claim brought as a class action2 and 7,c7 does not include a claim against a debtor in a case pending under title #aa of the ,united ,states ,code that is a personal injury tort or wrongful death claim within the meaning of section #aeg7;b77#e7 of title #bh1 ,united ,states ,code4 7#b7 ,the term person means any individual1 corporation1 company1 association1 firm1 partnership1 society1 joint stock company1 or any other entity1 but not any governmental entity4 7#c7 ,the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 and any other territory or possession of the ,united ,states4 7d7 ,applicability ,this section applies to any personal injury claim filed in ,federal or ,state court on or after the date of the enactment of this ,act4 #hjd4 ,rule of construction ,nothing in section #djb or in the amendments made by section #dja shall be construed to bar or impede the assertion or development of new claims or remedies under ,federal1 ,state1 or local civil rights law4 #hje4 ,three-strikes rule for suspending attorneys who commit multiple ,rule #aa violations 7a7 ,mandatory ,suspension ,whenever a ,federal district court determines that an attorney has violated ,rule #aa of the ,federal ,rules of ,civil ,procedure1 the court shall determine the number of times that the attorney has violated that rule in that ,federal district court during that attorney's career4 ,if the court determines that the number is three or more1 the ,federal district court-- 7#a7 shall suspend that attorney from the practice of law in that ,federal district court for one year2 and 7#b7 may suspend that attorney from the practice of law in that ,federal district court for any additional period that the court considers appropriate4 7b7 ,appeal2 ,stay ,an attorney has the right to appeal a suspension under subsection 7a74 ,while such an appeal is pending1 the suspension shall be stayed4 7c7 ,reinstatement ,to be reinstated to the practice of law in a ,federal district court after completion of a suspension under subsection 7a71 the attorney involved must first petition the court for reinstatement under such procedures and conditions as the court may prescribe4 #hjf4 ,presumption of ,rule #aa violation for repeatedly relitigating same issue ,whenever a party presents to a ,federal court a pleading1 written motion1 or other paper1 that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on three consecutive occasions1 and the claim or defense1 respectively1 involves the same plaintiff and the same defendant on each occasion1 there shall be a rebuttable presumption that the presentation of such paper is in violation of ,rule #aa of the ,federal ,rules of ,civil ,procedure4 #hjg4 ,enhanced sanctions for document destruction in pending ,federal court proceedings ,whoever willfully and intentionally influences1 obstructs1 or impedes1 or attempts to influence1 or obstruct1 or impede1 a pending ,federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such ,federal court proceeding and highly relevant to that proceeding-- 7#a7 shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under ,rule #aa of the ,federal ,rules of ,civil ,procedure1 in addition to any other civil sanctions that otherwise apply2 and 7#b7 shall be held in contempt of court2 and if an attorney1 referred to one or more appropriate ,state bar associations for disciplinary proceedings4 #hjh4 ,ban on concealment of unlawful conduct 7a7 ,in general ,in any ,rule #aa of the ,federal ,rules of ,civil ,procedure proceeding1 a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record4 7b7 ,applicability ,this section applies to any record formally filed with a court1 but shall not include any records subject to-- 7#a7 the attorney-client privilege or any other privilege recognized under ,federal or ,state law that grants the right to prevent disclosure of certain information unless the privilege has been waived2 or 7#b7 applicable ,state or ,federal laws that protect the confidentiality of crime victims1 including victims of sexual abuse4 ,,ix ,regulatory ,flexibility ,improvements ,act of #bjac #ija4 ,short title ,this title may be cited as the ,regulatory ,flexibility ,improvements ,act of #bjac4 #ijb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act 7a7 ,in general ,paragraph 7#b7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,rule ,the term rule has the meaning given such term in section #eea7d7 of this title1 except that such term does not include a rule of particular 7and not general7 applicability relating to rates1 wages1 corporate or financial structures or reorganizations thereof1 prices1 facilities1 appliances1 services1 or allowances therefor or to valuations1 costs or accounting1 or practices relating to such rates1 wages1 structures1 prices1 appliances1 services1 or allowances4 4 7b7 ,inclusion of rules with indirect effects ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#i7 ,economic impact ,the term economic impact means1 with respect to a proposed or final rule-- 7,a7 any direct economic effect on small entities of such rule2 and 7,b7 any indirect economic effect on small entities which is reasonably foreseeable and results from such rule 7without regard to whether small entities will be directly regulated by the rule74 4 7c7 ,inclusion of rules with beneficial effects 7#a7 ,initial regulatory flexibility analysis ,subsection 7c7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the first sentence and inserting ,each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities44 7#b7 ,final regulatory flexibility analysis ,the first paragraph 7#f7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact4 7d7 ,inclusion of rules affecting tribal organizations ,paragraph 7#e7 of section #fja of title #e1 ,united ,states ,code1 is amended by inserting and tribal organizations 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7771 after special districts14 7e7 ,inclusion of land management plans and formal rulemaking 7#a7 ,initial regulatory flexibility analysis ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rule12 and 7,b7 by inserting or publishes a revision or amendment to a land management plan1 after ,united ,states14 7#b7 ,final regulatory flexibility analysis ,subsection 7a7 of section #fjd of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rulemaking12 and 7,b7 by inserting or adopts a revision or amendment to a land management plan1 after section #fjc7;a714 7#c7 ,land management plan defined ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#aj7 ,land management plan 7,a7 ,in general ,the term land management plan means-- 7i7 any plan developed by the ,secretary of ,agriculture under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd72 and 7ii7 any plan developed by the ,secretary of ,interior under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7,b7 ,revision ,the term revision means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#e7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#e772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-f of title #dc1 ,code of ,federal ,regulations 7or any successor regulation74 7,c7 ,amendment ,the term amendment means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#d7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#d77 and with respect to which the ,secretary of ,agriculture prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-e of title #dc1 ,code of ,federal ,regulations 7or any successor regulation7 and with respect to which the ,secretary of the ,interior prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 7f7 ,inclusion of certain interpretive rules involving the internal revenue laws 7#a7 ,in general ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the period at the end and inserting or a recordkeeping requirement1 and without regard to whether such requirement is imposed by statute or regulation44 7#b7 ,collection of information ,paragraph 7#g7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#g7 ,collection of information ,the term collection of information has the meaning given such term in section #cejb7c7 of title #dd1 ,united ,states ,code4 4 7#c7 ,recordkeeping requirement ,paragraph 7#h7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#h7 ,recordkeeping requirement ,the term recordkeeping requirement has the meaning given such term in section #cejb7ac7 of title #dd1 ,united ,states ,code4 4 7g7 ,definition of small organization ,paragraph 7#d7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,small organization 7,a7 ,in general ,the term small organization means any not-for-profit enterprise which1 as of the issuance of the notice of proposed rulemaking-- 7i7 in the case of an enterprise which is described by a classification code of the ,north ,american ,industrial ,classification ,system1 does not exceed the size standard established by the ,administrator of the ,small ,business ,administration pursuant to section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 for small business concerns described by such classification code2 and 7ii7 in the case of any other enterprise1 has a net worth that does not exceed #g1jjj1jjj and has not more than #ejj employees4 7,b7 ,local labor organizations ,in the case of any local labor organization1 subparagraph 7,a7 shall be applied without regard to any national or international organization of which such local labor organization is a part4 7,c7 ,agency definitions ,subparagraphs 7,a7 and 7,b7 shall not apply to the extent that an agency1 after consultation with the ,office of ,advocacy of the ,small ,business ,administration and after opportunity for public comment1 establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the ,federal ,register4 4 #ijc4 ,requirements providing for more detailed analyses 7a7 ,initial regulatory flexibility analysis ,subsection 7b7 of section #fjc of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- 7#a7 describing the reasons why action by the agency is being considered2 7#b7 describing the objectives of1 and legal basis for1 the proposed rule2 7#c7 estimating the number and type of small entities to which the proposed rule will apply2 7#d7 describing the projected reporting1 recordkeeping1 and other compliance requirements of the proposed rule1 including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record2 7#e7 describing all relevant ,federal rules which may duplicate1 overlap1 or conflict with the proposed rule1 or the reasons why such a description could not be provided2 7#f7 estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available2 and 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities4 4 7b7 ,final regulatory flexibility analysis 7#a7 ,in general ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d71 by striking an explanation and inserting a detailed explanation2 7,b7 in each of paragraphs 7#d71 7#e71 and the first paragraph 7#f71 by inserting detailed before description2 and 7,c7 by adding at the end the following3 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities4 4 7#b7 ,inclusion of response to comments on certification of proposed rule ,paragraph 7#b7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by inserting 7or certification of the proposed rule under section #fje7;b77 after initial regulatory flexibility analysis4 7#c7 ,publication of analysis on website ,subsection 7b7 of section #fjd of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,the agency shall make copies of the final regulatory flexibility analysis available to the public1 including placement of the entire analysis on the agency's website1 and shall publish in the ,federal ,register the final regulatory flexibility analysis1 or a summary thereof which includes the telephone number1 mailing address1 and link to the website where the complete analysis may be obtained4 4 7c7 ,cross-,references to other analyses ,subsection 7a7 of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 7a7 ,a ,federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section #fjb1 #fjc1 or #fjd1 if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement4 4 7d7 ,certifications ,subsection 7b7 of section #fje of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting detailed before statement2 and 7#b7 by inserting and legal after factual4 7e7 ,quantification requirements ,section #fjg of title #e1 ,united ,states ,code1 is amended to read as follows3 #fjg4 ,quantification requirements ,in complying with sections #fjc and #fjd1 an agency shall provide-- 7#a7 a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule2 or 7#b7 a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable4 4 #ijd4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy 7a7 ,in general ,section #fjh is amended to read as follows3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy 7a7 7#a7 ,not later than #bgj days after the date of the enactment of the ,regulatory ,flexibility ,reform ,act1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after opportunity for notice and comment under section #eec1 issue rules governing agency compliance with this chapter4 ,the ,chief ,counsel may modify or amend such rules after notice and comment under section #eec4 ,this chapter 7other than this subsection7 shall not apply with respect to the issuance1 modification1 and amendment of rules under this paragraph4 7#b7 ,an agency shall not issue rules which supplement the rules issued under subsection 7a7 unless such agency has first consulted with the ,chief ,counsel for ,advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph 7#a74 7b7 ,notwithstanding any other law1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may intervene in any agency adjudication 7unless such agency is authorized to impose a fine or penalty under such adjudication71 and may inform the agency of the impact that any decision on the record may have on small entities4 ,the ,chief ,counsel shall not initiate an appeal with respect to any adjudication in which the ,chief ,counsel intervenes under this subsection4 7c7 ,the ,chief ,counsel for ,advocacy may file comments in response to any agency notice requesting comment1 regardless of whether the agency is required to file a general notice of proposed rulemaking under section #eec4 4 7b7 ,conforming amendments 7#a7 ,section #faa7;a77#a7 of such title is amended by striking #fjh7;b714 7#b7 ,section #faa7;a77#b7 of such title is amended by striking #fjh7;b714 7#c7 ,section #faa7;a77#c7 of such title is amended-- 7,a7 by striking subparagraph 7,b72 and 7,b7 by striking 7#c77;,a7 ,a small entity and inserting the following3 7#c7 ,a small entity 4 #ije4 ,procedures for gathering comments ,section #fji of title #e1 ,united ,states ,code1 is amended by striking subsection 7b7 and all that follows and inserting the following3 7b7 7#a7 ,prior to publication of any proposed rule described in subsection 7e71 an agency making such rule shall notify the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and provide the ,chief ,counsel with-- 7,a7 all materials prepared or utilized by the agency in making the proposed rule1 including the draft of the proposed rule2 and 7,b7 information on the potential adverse and beneficial economic impacts of the proposed rule on small entities and the type of small entities that might be affected4 7#b7 ,an agency shall not be required under paragraph 7#a7 to provide the exact language of any draft if the rule-- 7,a7 relates to the internal revenue laws of the ,united ,states2 or 7,b7 is proposed by an independent regulatory agency 7as defined in section #cejb7e7 of title #dd1 ,united ,states ,code74 7c7 ,not later than #ae days after the receipt of such materials and information under subsection 7b71 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall-- 7#a7 identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice1 input1 and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section #fjc of this title2 and 7#b7 convene a review panel consisting of an employee from the ,office of ,advocacy of the ,small ,business ,administration1 an employee from the agency making the rule1 and in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd1 ,united ,states ,code71 an employee from the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget to review the materials and information provided to the ,chief ,counsel under subsection 7b74 7d7 7#a7 ,not later than #fj days after the review panel described in subsection 7c77#b7 is convened1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after consultation with the members of such panel1 submit a report to the agency and1 in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd1 ,united ,states ,code71 the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#b7 ,such report shall include an assessment of the economic impact of the proposed rule on small entities and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities4 7#c7 ,such report shall become part of the rulemaking record4 ,in the publication of the proposed rule1 the agency shall explain what actions1 if any1 the agency took in response to such report4 7e7 ,a proposed rule is described by this subsection if the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget1 the head of the agency 7or the delegatee of the head of the agency71 or an independent regulatory agency determines that the proposed rule is likely to result in-- 7#a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local governments1 tribal organizations1 or geographic regions2 7#c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7#d7 a significant economic impact on a substantial number of small entities4 7f7 ,upon application by the agency1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may waive the requirements of subsections 7b7 through 7e7 if the ,chief ,counsel determines that compliance with the requirements of such subsections are impracticable1 unnecessary1 or contrary to the public interest4 4 #ijf4 ,periodic review of rules ,section #faj of title #e1 ,united ,states ,code1 is amended to read as follows3 #faj4 ,periodic review of rules 7a7 ,not later than #ahj days after the enactment of the ,regulatory ,flexibility ,improvements ,act of #bjac1 each agency shall publish in the ,federal ,register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities4 ,such determination shall be made without regard to whether the agency performed an analysis under section #fjd4 ,the purpose of the review shall be to determine whether such rules should be continued without change1 or should be amended or rescinded1 consistent with the stated objectives of applicable statutes1 to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities4 ,such plan may be amended by the agency at any time by publishing the revision in the ,federal ,register and subsequently placing the amended plan on the agency's website4 7b7 ,the plan shall provide for the review of all such agency rules existing on the date of the enactment of the ,regulatory ,flexibility ,improvements ,act of #bjac within #aj years of the date of publication of the plan in the ,federal ,register and for review of rules adopted after the date of enactment of the ,regulatory ,flexibility ,improvements ,act of #bjac within #aj years after the publication of the final rule in the ,federal ,register4 ,if the head of the agency determines that completion of the review of existing rules is not feasible by the established date1 the head of the agency shall so certify in a statement published in the ,federal ,register and may extend the review for not longer than #b years after publication of notice of extension in the ,federal ,register4 ,such certification and notice shall be sent to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and the ,congress4 7c7 ,each agency shall annually submit a report regarding the results of its review pursuant to such plan to the ,congress1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and1 in the case of agencies other than independent regulatory agencies 7as defined in section #cejb7e7 of title #dd1 ,united ,states ,code7 to the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 ,such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph 7#e7 or 7#f7 of subsection 7d7 and a detailed explanation of the reasons for such determination4 7d7 ,in reviewing a rule pursuant to subsections 7a7 through 7c71 the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities1 or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible1 consistent with the stated objectives of applicable statutes4 ,in amending or rescinding the rule1 the agency shall consider the following factors3 7#a7 ,the continued need for the rule4 7#b7 ,the nature of complaints received by the agency from small entities concerning the rule4 7#c7 ,comments by the ,regulatory ,enforcement ,ombudsman and the ,chief ,counsel for ,advocacy of the ,small ,business ,administration4 7#d7 ,the complexity of the rule4 7#e7 ,the extent to which the rule overlaps1 duplicates1 or conflicts with other ,federal rules and1 unless the head of the agency determines it to be infeasible1 ,state and local rules4 7#f7 ,the contribution of the rule to the cumulative economic impact of all ,federal rules on the class of small entities affected by the rule1 unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection 7c74 7#g7 ,the length of time since the rule has been evaluated or the degree to which technology1 economic conditions1 or other factors have changed in the area affected by the rule4 7e7 ,the agency shall publish in the ,federal ,register and on its website a list of rules to be reviewed pursuant to such plan4 ,such publication shall include a brief description of the rule1 the reason why the agency determined that it has a significant economic impact on a substantial number of small entities 7without regard to whether it had prepared a final regulatory flexibility analysis for the rule71 and request comments from the public1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and the ,regulatory ,enforcement ,ombudsman concerning the enforcement of the rule4 4 #ijg4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule 7a7 ,in general ,paragraph 7#a7 of section #faa7;a7 of title #e1 ,united ,states ,code1 is amended by striking final agency action and inserting such rule4 7b7 ,jurisdiction ,paragraph 7#b7 of such section is amended by inserting 7or which would have such jurisdiction if publication of the final rule constituted final agency action7 after provision of law14 7c7 ,time for bringing action ,paragraph 7#c7 of such section is amended-- 7#a7 by striking final agency action and inserting publication of the final rule2 and 7#b7 by inserting 1 in the case of a rule for which the date of final agency action is the same date as the publication of the final rule1 after except that4 7d7 ,intervention by ,chief ,counsel for ,advocacy ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting before the first period or agency compliance with section #fja1 #fjc1 #fjd1 #fje7;b71 #fji1 or #faj4 #ijh4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act 7a7 ,in general ,section #bcdb of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#h7 all final rules under section #fjh7;a7 of title #e1 ,united ,states ,code4 4 7b7 ,conforming amendments ,paragraph 7#c7 of section #bcda of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 the ,office of ,advocacy of the ,small ,business ,administration1 when the final rule is under section #fjh7;a7 of title #e1 ,united ,states ,code4 4 7c7 ,authorization ,to intervene and comment on agency compliance with administrative procedure ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting chapter #e1 and chapter #g1 after this chapter14 #iji4 ,clerical amendments 7a7 ,section #fja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#a7 the term and inserting the following3 7#a7 ,agency ,the term 2 7#b7 in paragraph 7#c7-- 7,a7 by striking the semicolon at the end and inserting a period1 and 7,b7 by striking 7#c7 the term and inserting the following3 7#c7 ,small business ,the term 2 7#c7 in paragraph 7#e7-- 7,a7 by striking the semicolon at the end and inserting a period1 and 7,b7 by striking 7#e7 the term and inserting the following3 7#e7 ,small governmental jurisdiction ,the term 2 and 7#d7 in paragraph 7#f7-- 7,a7 by striking 2 and and inserting a period1 and 7,b7 by striking 7#f7 the term and inserting the following3 7#f7 ,small entity ,the term 4 7b7 ,the heading of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 #fje4 ,incorporations by reference and certifications 4 7c7 ,the table of sections for chapter #f of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #fje and inserting the following new item3 #fje4 ,incorporations by reference and certifications4 2 7#b7 by striking the item relating to section #fjg and inserting the following new item3 #fjg4 ,quantification requirements4 2 and 7#c7 by striking the item relating to section #fjh and inserting the following3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy4 4 7d7 ,chapter #f of title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,in section #fjc1 by striking subsection 7d74 7#b7 ,in section #fjd7;a7 by striking the second paragraph 7#f74