You can read Tanc's bill, can you imagine the difficuty the bureacracy would interpreting what he is saying much less writing a reg around it. Impossible.
Face reality, Tanc had years to write a bill but he never would. In fact, the only reason he wrote this was Kyl and Cornyn were sitting down on his position and he to squirm away a the last minute and try to be something different.
The most ludicrous part of his bill is the Theory of Attrition. I'm sure that would withstand a court challenge. Not.
Here's a link to his bill.
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.03333:
perhaps you can direct me to the portion that covers this "Theory of Attrition". Or is that part going to be in the regulation? LOL!