[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3682
To increase the competitiveness of American manufacturing by reducing
regulatory and other burdens, encouraging greater innovation and
investment, and developing a stronger workforce for the twenty-first
century, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2015
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Natural Resources, Ways and Means, Education and the Workforce, the
Judiciary, House Administration, Rules, Appropriations, Foreign
Affairs, Science, Space, and Technology, and Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To increase the competitiveness of American manufacturing by reducing
regulatory and other burdens, encouraging greater innovation and
investment, and developing a stronger workforce for the twenty-first
century, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) This Act.--This Act may be cited as the ``Reducing Employer
Burdens, Unleashing Innovation, and Labor Development Act of 2015''.
(b) Titles VIII and IX.--Titles VIII and IX may be cited as the
``Lowering Gasoline Prices to Fuel an America That Works Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; sense of the Congress.
TITLE I--INVESTING IN AMERICA'S WORKFORCE
Sec. 101. Short title.
Sec. 102. Industry-recognized and nationally portable credentials for
job training programs.
Sec. 103. Definitions.
Sec. 104. Rule of construction.
Sec. 105. Effective date.
TITLE II--EXTENDING RESEARCH AND DEVELOPMENT TAX CREDITS AND
CONSIDERING COMPREHENSIVE TAX REFORM
Sec. 201. Extension of research credit; alternative simplified research
credit increased and made permanent.
Sec. 202. Comprehensive reform of United States tax laws; expedited
consideration.
TITLE III--PREVENTING EVASION OF DUTY ORDERS AND REFORMING EXPORT
CONTROLS
Sec. 301. Definitions.
Sec. 302. Application to Canada and Mexico.
Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws
Sec. 311. Trade remedy law enforcement division.
Sec. 312. Collection of information on evasion of trade remedy laws.
Sec. 313. Access to information.
Sec. 314. Cooperation with foreign countries on preventing evasion of
trade remedy laws.
Sec. 315. Trade negotiating objectives.
Subtitle B--Investigation of Evasion of Trade Remedy Laws
Sec. 321. Procedures for investigation of evasion of antidumping and
countervailing duty orders.
Sec. 322. Government Accountability Office report.
Subtitle C--Other Matters
Sec. 331. Allocation and training of personnel.
Sec. 332. Annual report on prevention of evasion of antidumping and
countervailing duty orders.
Sec. 333. Addressing circumvention by new shippers.
Sec. 334. Sense of Congress on reform of export control policies.
TITLE IV--CREATING FEDERAL SPECTRUM INCENTIVES
Sec. 401. Short title.
Sec. 402. Federal spectrum incentives.
Sec. 403. Costs of incumbent Federal entities related to spectrum
sharing.
TITLE V--PROVIDING REGULATORY RELIEF, CERTAINTY, AND TRANSPARENCY
Subtitle A--Energy Consumers Relief
Chapter 1--Finalizing Energy-Related Rules
Sec. 501. Prohibition against finalizing certain energy-related rules
that will cause significant adverse effects
to the economy.
Sec. 502. Reports and determinations prior to promulgating as final
certain energy-related rules.
Sec. 503. Definitions.
Sec. 504. Prohibition on use of social cost of carbon in analysis.
Chapter 2--Electricity Security and Affordability
Sec. 511. Short title.
Sec. 512. Standards of performance for new fossil fuel-fired electric
utility generating units.
Sec. 513. Congress to set effective date for standards of performance
for existing, modified, and reconstructed
fossil fuel-fired electric utility
generating units.
Sec. 514. Repeal of earlier rules and guidelines.
Sec. 515. Definitions.
Subtitle B--LNG Permitting Certainty and Transparency
Sec. 521. Short title.
Sec. 522. Action on applications.
Sec. 523. Public disclosure of export destinations.
Subtitle C--Preventing Government Waste and Protecting Coal Mining Jobs
in America
Sec. 531. Short title.
Sec. 532. Incorporation of surface mining stream buffer zone rule into
State programs.
TITLE VI--REDUCING HEALTH CARE BURDENS AND IMPROVING PATIENT COVERAGE
Sec. 601. Repeal of the health care law and health care-related
provisions in the Health Care and Education
Reconciliation Act of 2010.
Sec. 602. No lifetime limits.
Sec. 603. Establish universal access programs to improve high risk
pools and reinsurance markets.
Sec. 604. Elimination of certain requirements for guaranteed
availability in individual market.
Sec. 605. Preventing unjust cancellation of insurance coverage.
TITLE VII--LOWERING HEALTH CARE COSTS
Subtitle A--Cooperative Governing of Individual Health Insurance
Coverage
Sec. 701. Cooperative governing of individual health insurance
coverage.
Sec. 702. Severability.
Subtitle B--Medical Malpractice Reform
Sec. 711. Purpose.
Sec. 712. Encouraging speedy resolution of claims.
Sec. 713. Compensating patient injury.
Sec. 714. Maximizing patient recovery.
Sec. 715. Punitive damages.
Sec. 716. Authorization of payment of future damages to claimants in
health care lawsuits.
Sec. 717. Definitions.
Sec. 718. Effect on other laws.
Sec. 719. State flexibility and protection of States' rights.
Sec. 720. Applicability; effective date.
Sec. 721. Protection for emergency and related services furnished
pursuant to EMTALA.
Sec. 722. Constitutional authority.
Sec. 723. Application of the antitrust laws to the business of health
insurance.
Sec. 724. Limitation on liability for volunteer health care
professionals.
TITLE VIII--PROMOTING OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
Sec. 801. Outer Continental Shelf leasing program reforms.
Sec. 802. Domestic oil and natural gas production goal.
Sec. 803. Development and submittal of new 5-year oil and gas leasing
program.
Sec. 804. Rule of construction.
Sec. 805. Addition of lease sales after finalization of 5-year plan.
Subtitle B--Directing the President To Conduct New OCS Sales
Sec. 811. Requirement to conduct proposed oil and gas Lease Sale 220 on
the Outer Continental Shelf offshore
Virginia.
Sec. 812. South Carolina lease sale.
Sec. 813. Southern California existing infrastructure lease sale.
Sec. 814. Environmental impact statement requirement.
Sec. 815. National defense.
Sec. 816. Eastern Gulf of Mexico not included.
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
Sec. 821. Disposition of Outer Continental Shelf revenues to coastal
States.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
Sec. 831. Establishment of Under Secretary for Energy, Lands, and
Minerals and Assistant Secretary of Ocean
Energy and Safety.
Sec. 832. Bureau of Ocean Energy.
Sec. 833. Ocean Energy Safety Service.
Sec. 834. Office of Natural Resources revenue.
Sec. 835. Ethics and drug testing.
Sec. 836. Abolishment of Minerals Management Service.
Sec. 837. Conforming amendments to Executive Schedule pay rates.
Sec. 838. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 839. Outer Continental Shelf inspection fees.
Sec. 840. Prohibition on action based on National Ocean Policy
developed under Executive Order No. 13547.
Subtitle E--United States Territories
Sec. 851. Application of Outer Continental Shelf Lands Act with respect
to territories of the United States.
Subtitle F--Miscellaneous Provisions
Sec. 861. Rules regarding distribution of revenues under Gulf of Mexico
Energy Security Act of 2006.
Sec. 862. Amount of distributed qualified outer Continental Shelf
revenues.
Sec. 863. South Atlantic Outer Continental Shelf Planning Area defined.
Sec. 864. Enhancing geological and geophysical information for
America's energy future.
Subtitle G--Judicial Review
Sec. 871. Time for filing complaint.
Sec. 872. District court deadline.
Sec. 873. Ability to seek appellate review.
Sec. 874. Limitation on scope of review and relief.
Sec. 875. Legal fees.
Sec. 876. Exclusion.
Sec. 877. Definitions.
TITLE IX--INCREASING ONSHORE OIL AND GAS DEVELOPMENT AND ENERGY
SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
Sec. 901. Short title.
Sec. 902. Policies regarding buying, building, and working for America.
Chapter 1--Onshore Oil and Gas Permit Streamlining
subchapter a--miscellaneous provisions
Sec. 911. Short title.
Sec. 912. Permit to drill application timeline.
Sec. 913. Administrative protest documentation reform.
Sec. 914. Making pilot offices permanent to improve energy permitting
on Federal lands.
Sec. 915. Administration of current law.
Sec. 916. Funding oil and gas resource assessments.
Sec. 917. Rule of construction.
subchapter b--judicial review
Sec. 921. Definitions.
Sec. 922. Exclusive venue for certain civil actions relating to covered
energy projects.
Sec. 923. Timely filing.
Sec. 924. Expedition in hearing and determining the action.
Sec. 925. Standard of review.
Sec. 926. Limitation on injunction and prospective relief.
Sec. 927. Limitation on attorneys' fees.
Sec. 928. Legal standing.
Chapter 2--Oil and Gas Leasing Certainty
Sec. 931. Short title.
Sec. 932. Minimum acreage requirement for onshore lease sales.
Sec. 933. Leasing certainty.
Sec. 934. Leasing consistency.
Sec. 935. Reduce redundant policies.
Sec. 936. Streamlined congressional notification.
Chapter 3--Oil Shale
Sec. 941. Short title.
Sec. 942. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 943. Oil shale leasing.
Subtitle B--Planning for American Energy
Sec. 951. Short title.
Sec. 952. Onshore domestic energy production strategic plan.
Subtitle C--National Petroleum Reserve in Alaska Access
Sec. 961. Short title.
Sec. 962. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 963. National Petroleum Reserve in Alaska: lease sales.
Sec. 964. National Petroleum Reserve in Alaska: planning and permitting
pipeline and road construction.
Sec. 965. Issuance of a new integrated activity plan and environmental
impact statement.
Sec. 966. Departmental accountability for development.
Sec. 967. Deadlines under new proposed integrated activity plan.
Sec. 968. Updated resource assessment.
Subtitle D--BLM Live Internet Auctions
Sec. 971. Short title.
Sec. 972. Internet-based onshore oil and gas lease sales.
Subtitle E--Native American Energy
Sec. 981. Short title.
Sec. 982. Appraisals.
Sec. 983. Standardization.
Sec. 984. Environmental reviews of major Federal actions on Indian
lands.
Sec. 985. Judicial review.
Sec. 986. Tribal biomass demonstration project.
Sec. 987. Tribal resource management plans.
Sec. 988. Leases of restricted lands for the Navajo Nation.
Sec. 989. Nonapplicability of certain rules.
Subtitle F--State Authority for Hydraulic Fracturing Regulation
Sec. 991. Short title.
Sec. 992. State authority for hydraulic fracturing regulation.
Sec. 993. Government Accountability Office study.
Sec. 994. Tribal authority on trust land.
TITLE X--PROMOTING STEM EDUCATION IN THE WORKFORCE
Sec. 1001. Findings; sense of Congress.
Sec. 1002. STEM Education Advisory Panel.
Sec. 1003. Committee on STEM Education.
Sec. 1004. STEM Education Coordinating Office.
Sec. 1005. Definitions.
SEC. 3. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Data indicate that manufacturing employees earn a
higher average salary and receive greater benefits than workers
in other industries.
(2) Recent data also show that United States manufacturing
companies cannot fill as many as 600,000 skilled positions,
even as unemployment numbers hover at historically high levels.
(3) Postsecondary success and workforce readiness can be
achieved through attainment of recognized postsecondary
credentials.
(4) Data indicate that United States manufacturers invest a
far greater percentage of revenue in research and development
than other industries.
(5) The United States has the highest corporate tax rate in
the developed world.
(6) A recent report indicates that United States
manufacturers face a 20 percent structural cost burden compared
to companies from the Nation's 9 largest trading partners.
(7) Excessive Federal regulations are placing a heavy
burden on United States manufacturers.
(8) According to a recent report, it is estimated that
pending and recently finalized Environmental Protection Agency
regulations alone could cost manufacturers over
$100,000,000,000 per year in compliance, plus additional one-
time costs of over $500,000,000.
(9) Data indicate that regulatory costs could cut annual
United States economic output by as much as $630,000,000,000,
or 4.2 percent of Gross Domestic Product, resulting in a net
loss of 9,000,000 jobs.
(10) Expanded domestic resource development would further
reduce energy costs, increasing United States manufacturers'
competitive advantage.
(11) Data show that United States manufacturers have
reduced energy usage and emissions to below the 1990 levels.
(12) Reports indicate United States health care costs have
increased over 80 percent in the past decade, creating greater
personnel costs for manufacturers.
(13) Data show that United States manufacturers are
responsible for 47 percent of total United States exports.
(14) A widening trade gap with major trade partners means
that manufacturers are at risk of losing export market share.
(b) Sense of the Congress.--It is the sense of the Congress that
increasing the competitiveness of United States manufacturers will
strengthen the national economy.
TITLE I--INVESTING IN AMERICA'S WORKFORCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Investing in America's Workforce
Act''.
SEC. 102. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR
JOB TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) by inserting after clause (i) the following:
``(ii) training (which may include priority
consideration for training programs that lead
to recognized postsecondary credentials (as
defined in section 104 of the Investing in
America's Workforce Act) that are aligned with
in-demand occupations or industries in the
local area involved, if the local board
determines that the programs meet the quality
criteria described in section 123);''.
(2) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Programs that lead to an industry-
recognized and nationally portable
credential.--In assisting individuals in
selecting programs of training services under
this section, a one-stop operator and employees
of a one-stop center referred to in subsection
(c) may give priority consideration to programs
(approved in conjunction with eligibility
decisions made under section 122) that lead to
recognized postsecondary credentials (as
defined in section 103 of the Investing in
America's Workforce Act) that are aligned with
in-demand occupations or industries in the
local area involved.''.
(3) Criteria.--
(A) General employment and training activities.--
Section 122(b)(2)(D) of the Workforce Investment Act of
1998 (29 U.S.C. 2842(b)(2)(D)) is amended--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) in the case of a provider of a
program of training services that leads to a
recognized postsecondary credential (as defined
in section 103 of the Investing in America's
Workforce Act), that the program leading to the
credential meets such quality criteria as the
Governor shall establish.''.
(B) Youth activities.--Section 123 of the Workforce
Investment Act of 1998 (29 U.S.C. 2843) is amended by
inserting ``(including such quality criteria as the
Governor shall establish for a training program that
leads to a recognized postsecondary credential (as
defined in section 103 of the Investing in America's
Workforce Act))'' after ``plan''.
(b) Career and Technical Education.--
(1) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended--
(A) by striking ``(B) how'' and inserting ``(B)(i)
how'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following
``(ii) in the case of an eligible entity that, in
developing and implementing programs of study leading
to recognized postsecondary credentials, desires to
give a priority to such programs that are aligned with
in-demand occupations or industries in the area served
(as determined by the eligible agency) and that may
provide a basis for additional credentials,
certificates, or degree, how the entity will do so;''.
(2) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of recognized
postsecondary credentials (as defined in section 103 of the
Investing in America's Workforce Act), and, in the case of an
eligible recipient that desires to provide priority
consideration to certain programs of study in accordance with
the State plan under section 122(c)(1)(B), how the eligible
recipient will give priority consideration to such
activities.''.
(3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
recognized credential, a certificate,'' and inserting
``recognized postsecondary credential (as defined in section
103 of the Investing in America's Workforce Act and approved by
the eligible agency),''.
(c) Training Programs Under TAA.--Section 236(a) of the Trade Act
of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the
following:
``(12) In approving training programs for adversely affected
workers and adversely affected incumbent workers under paragraph (1),
the Secretary may give priority consideration to workers seeking
training through programs that are approved in conjunction with
eligibility decisions made under section 122 of the Workforce
Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized
postsecondary credentials (as defined in section 103 of the Investing
in America's Workforce Act) that are aligned with in-demand occupations
or industries in the local area (defined for purposes of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) involved.''.
SEC. 103. DEFINITIONS.
In this title:
(1) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by employers within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, hiring, or
advancement; and
(B) is a nationally portable credential, meaning a
credential that is sought or accepted across multiple
States, as described in subparagraph (A).
(2) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized credential for
postsecondary training, a certificate that meets the
requirements of subparagraphs (A) and (C) of paragraph (1) for
postsecondary training, a certificate of completion of a
postsecondary apprenticeship through a program described in
section 122(a)(2)(B) of the Workforce Investment Act of 1998
(29 U.S.C. 2842(a)(2)(B)), or an associate degree or
baccalaureate degree awarded by an institution of higher
education (as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)).
SEC. 104. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to require an entity with
responsibility for selecting or approving an education, training, or
workforce investment activities program with regard to a covered
provision, to select a program with a recognized postsecondary
credential or certificate as defined by this title.
SEC. 105. EFFECTIVE DATE.
This title, and the amendments made by this title, take effect 120
days after the date of enactment of this Act.
TITLE II--EXTENDING RESEARCH AND DEVELOPMENT TAX CREDITS AND
CONSIDERING COMPREHENSIVE TAX REFORM
SEC. 201. EXTENSION OF RESEARCH CREDIT; ALTERNATIVE SIMPLIFIED RESEARCH
CREDIT INCREASED AND MADE PERMANENT.
(a) Extension of Credit.--
(1) In general.--Paragraph (1) of section 41(h) of the
Internal Revenue Code of 1986 is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to amounts paid or incurred after December 31,
2014.
(b) Alternative Simplified Research Credit Increased and Made
Permanent.--
(1) Increased credit.--Subparagraph (A) of section 41(c)(5)
of such Code (relating to election of alternative simplified
credit) is amended by striking ``14 percent (12 percent in the
case of taxable years ending before January 1, 2009)'' and
inserting ``20 percent''.
(2) Credit made permanent.--
(A) In general.--Subsection (h) of section 41 of
such Code is amended by redesignating the paragraph (2)
relating to computation of taxable year in which credit
terminates as paragraph (4) and by inserting before
such paragraph the following new paragraph:
``(3) Termination not to apply to alternative simplified
credit.--Paragraph (1) shall not apply to the credit determined
under subsection (c)(5).''.
(B) Conforming amendment.--Paragraph (4) of section
41(h) of such Code, as redesignated by subparagraph
(A), is amended to read as follows:
``(4) Computation for taxable year in which credit
terminates.--In the case of any taxable year with respect to
which this section applies to a number of days which is less
than the total number of days in such taxable year, the amount
determined under subsection (c)(1)(B) with respect to such
taxable year shall be the amount which bears the same ratio to
such amount (determined without regard to this paragraph) as
the number of days in such taxable year to which this section
applies bears to the total number of days in such taxable
year.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after December 31, 2014.
SEC. 202. COMPREHENSIVE REFORM OF UNITED STATES TAX LAWS; EXPEDITED
CONSIDERATION.
(a) Definition.--For purposes of this section, the term ``tax
reform bill'' means a bill of the 114th Congress--
(1) introduced in the House of Representatives by the chair
of the Committee on Ways and Means not later than the end of
the 114th Congress the title of which is as follows: ``A bill
to provide for comprehensive tax reform.''; and
(2) which is the subject of a certification under
subsection (b).
(b) Certification.--The chair of the Joint Committee on Taxation
shall notify the House and Senate in writing whenever the chair of the
Joint Committee determines that an introduced bill described in
subsection (a)(1) contains at least each of the following proposals:
(1) A transition to a more globally competitive corporate
tax code for United States businesses.
(2) A reduction in the complexity of the tax code.
(3) The elimination of special interest loopholes.
(c) Expedited Consideration in the House of Representatives.--
(1) Any committee of the House of Representatives to which
the tax reform bill is referred shall report it to the House
not later than 20 calendar days after the date of its
introduction. If a committee fails to report the tax reform
bill within that period, such committee shall be automatically
discharged from further consideration of the bill.
(2) If the House has not otherwise proceeded to the
consideration of the tax reform bill upon the expiration of 15
legislative days after the bill has been placed on the Union
Calendar, it shall be in order for the Majority Leader or a
designee (or, after the expiration of an additional 2
legislative days, any Member), to offer one motion that the
House resolve into the Committee of the Whole House on the
state of the Union for the consideration of the tax reform
bill. The previous question shall be considered as ordered on
the motion to its adoption without intervening motion except 20
minutes of debate equally divided and controlled by the
proponent and an opponent. If such a motion is adopted,
consideration shall proceed in accordance with paragraph (3). A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
(3) The first reading of the bill shall be dispensed with.
General debate shall be confined to the bill and shall not
exceed 4 hours, equally divided and controlled by the chair and
ranking minority member of the Committee on Ways and Means. At
the conclusion of general debate, the bill shall be read for
amendment under the five-minute rule. Any committee amendment
shall be considered as read. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions. A motion to reconsider the vote on
passage of the bill shall not be in order.
(d) Expedited Consideration in the Senate.--
(1) Committee consideration.--A tax reform bill, as defined
in subsection (a), received in the Senate shall be referred to
the Committee on Finance. The Committee shall report the bill
not later than 15 calendar days after receipt of the bill in
the Senate. If the Committee fails to report the bill within
that period, that committee shall be discharged from
consideration of the bill, and the bill shall be placed on the
calendar.
(2) Motion to proceed.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later than 2
days of session after the date on which the tax reform bill is
reported or discharged from committee, for the majority leader
of the Senate or the majority leader's designee to move to
proceed to the consideration of the tax reform bill. It shall
also be in order for any Member of the Senate to move to
proceed to the consideration of the tax reform bill at any time
after the conclusion of such 2-day period. A motion to proceed
is in order even though a previous motion to the same effect
has been disagreed to. All points of order against the motion
to proceed to the tax reform bill are waived. The motion to
proceed is not debatable. The motion is not subject to a motion
to postpone.
(3) Consideration.--No motion to recommit shall be in order
and debate on any motion or appeal shall be limited to one
hour, to be divided in the usual form.
(4) Amendments.--All amendments must be relevant to the
bill and debate on any amendment shall be limited to 2 hours to
be equally divided in the usual form between the opponents and
proponents of the amendment. Debate on any amendment to an
amendment, debatable motion, or appeal shall be limited to 1
hour to be equally divided in the usual form between the
opponents and proponents of the amendment.
(5) Vote on passage.--If the Senate has proceeded to the
bill, and following the conclusion of all debate, the Senate
shall proceed to a vote on passage of the bill as amended, if
amended.
(e) Conference in the House.--If the House receives a message that
the Senate has passed the tax reform bill with an amendment or
amendments, it shall be in order for the chair of the Committee on Ways
and Means or a designee, without intervention of any point of order, to
offer any motion specified in clause 1 of rule XXII.
(f) Conference in the Senate.--If the Senate receives from the
House a message to accompany the tax reform bill, as defined in
subsection (a), then no later than two session days after its receipt--
(1) the Chair shall lay the message before the Senate;
(2) the motion to insist on the Senate amendment or
disagree to the House amendment or amendments to the Senate
amendment, the request for a conference with the House or the
motion to agree to the request of the House for a conference,
and the motion to authorize the Chair to appoint conferees on
the part of the Senate shall be agreed to; and
(3) the Chair shall then be authorized to appoint conferees
on the part of the Senate without intervening motion, with a
ratio agreed to with the concurrence of both leaders.
(g) Rulemaking.--This section is enacted by the Congress as an
exercise of the rulemaking power of the House of Representatives and
Senate, respectively, and as such is deemed a part of the rules of each
House, respectively, or of that House to which they specifically apply,
and such procedures supersede other rules only to the extent that they
are inconsistent with such rules; and with full recognition of the
constitutional right of either House to change the rules (so far as
relating to the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that House.
TITLE III--PREVENTING EVASION OF DUTY ORDERS AND REFORMING EXPORT
CONTROLS
SEC. 301. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance and the Committee on
Appropriations of the Senate; and
(B) the Committee on Ways and Means and the
Committee on Appropriations of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for U.S. Customs and Border
Protection.
(3) Covered merchandise.--The term ``covered merchandise''
means merchandise that is subject to--
(A) a countervailing duty order issued under
section 706 of the Tariff Act of 1930; or
(B) an antidumping duty order issued under section
736 of the Tariff Act of 1930.
(4) Eligible small business.--
(A) In general.--The term ``eligible small
business'' means any business concern which, in the
Commissioner's judgment, due to its small size, has
neither adequate internal resources nor financial
ability to obtain qualified outside assistance in
preparing and submitting for consideration allegations
of evasion.
(B) Nonreviewability.--Any agency decision
regarding whether a business concern is an eligible
small business for purposes of section 311(b)(4)(E) is
not reviewable by any other agency or by any court.
(5) Enter; entry.--The terms ``enter'' and ``entry'' refer
to the entry, or withdrawal from warehouse for consumption, in
the customs territory of the United States.
(6) Evade; evasion.--The terms ``evade'' and ``evasion''
refer to entering covered merchandise into the customs
territory of the United States by means of any document or
electronically transmitted data or information, written or oral
statement, or act that is material and false, or any omission
that is material, and that results in any cash deposit or other
security or any amount of applicable antidumping or
countervailing duties being reduced or not being applied with
respect to the merchandise.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) Trade remedy laws.--The term ``trade remedy laws''
means title VII of the Tariff Act of 1930.
SEC. 302. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), this title and the amendments made
by this title shall apply with respect to goods from Canada and Mexico.
Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws
SEC. 311. TRADE REMEDY LAW ENFORCEMENT DIVISION.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
establish and maintain within the Office of International Trade
of U.S. Customs and Border Protection, established under
section 2(d) of the Act of March 3, 1927 (44 Stat. 1381,
chapter 348; 19 U.S.C. 2072(d)), a Trade Remedy Law Enforcement
Division.
(2) Composition.--The Trade Law Remedy Enforcement Division
shall be composed of--
(A) headquarters personnel led by a Director, who
shall report to the Assistant Commissioner of the
Office of International Trade; and
(B) a National Targeting and Analysis Group
dedicated to preventing and countering evasion.
(3) Duties.--The Trade Remedy Law Enforcement Division
shall be dedicated--
(A) to the development and administration of
policies to prevent and counter evasion;
(B) to direct enforcement and compliance assessment
activities concerning evasion;
(C) to the development and conduct of commercial
risk assessment targeting with respect to cargo
destined for the United States in accordance with
subsection (c);
(D) to issuing Trade Alerts described in subsection
(d); and
(E) to the development of policies for the
application of single entry and continuous bonds for
entries of covered merchandise to sufficiently protect
the collection of antidumping and countervailing duties
commensurate with the level of risk of noncollection.
(b) Duties of Director.--The duties of the Director of the Trade
Remedy Law Enforcement Division shall include--
(1) directing the trade enforcement and compliance
assessment activities of U.S. Customs and Border Protection
that concern evasion;
(2) facilitating, promoting, and coordinating cooperation
and the exchange of information between U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and other
relevant agencies regarding evasion;
(3) notifying on a timely basis the administering authority
(as defined in section 771(1) of the Tariff Act of 1930 (19
U.S.C. 1677(1))) and the Commission (as defined in section
771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any
finding, determination, civil action, or criminal action taken
by U.S. Customs and Border Protection or other Federal agency
regarding evasion;
(4) serving as the primary liaison between U.S. Customs and
Border Protection and the public regarding United States
Government activities concerning evasion, including--
(A) receive and transmit to the appropriate U.S.
Customs and Border Protection office allegations from
parties of evasion;
(B) upon request by the party or parties that
submitted an allegation of evasion, provide information
to such party or parties on the status of U.S. Customs
and Border Protection's consideration of the allegation
and decision to pursue or not pursue any administrative
inquiries or other actions, such as changes in
policies, procedures, or resource allocation as a
result of the allegation;
(C) as needed, request from the party or parties
that submitted an allegation of evasion any additional
information that may be relevant for U.S. Customs and
Border Protection determining whether to initiate an
administrative inquiry or take any other action
regarding the allegation;
(D) notify on a timely basis the party or parties
that submitted such an allegation of the results of any
administrative, civil or criminal actions taken by U.S.
Customs and Border Protection or other Federal agency
regarding evasion as a direct or indirect result of the
allegation;
(E) upon request, provide technical assistance and
advice to eligible small businesses to enable such
businesses to prepare and submit allegations of
evasion, except that the Director may deny assistance
if the Director concludes that the allegation, if
submitted, would not lead to the initiation of an
administrative inquiry or any other action to address
the allegation;
(F) in cooperation with the public, the Commercial
Customs Operations Advisory Committee, the Trade
Support Network, and any other relevant parties and
organizations, develop guidelines on the types and
nature of information that may be provided in
allegations of evasion; and
(G) regularly consult with the public, the
Commercial Customs Operations Advisory Committee, the
Trade Support Network, and any other relevant parties
and organizations regarding the development and
implementation of regulations, interpretations, and
policies related to countering evasion.
(c) Preventing and Countering Evasion of the Trade Remedy Laws.--In
carrying out its duties with respect to preventing and countering
evasion, the National Targeting and Analysis Group dedicated to
preventing and countering evasion shall--
(1) establish targeted risk assessment methodologies and
standards--
(A) for evaluating the risk that cargo destined for
the United States may constitute evading covered
merchandise; and
(B) for issuing, as appropriate, Trade Alerts
described in subsection (d); and
(2) to the extent practicable and otherwise authorized by
law, use information available from the Automated Commercial
System, the Automated Commercial Environment computer system,
the Automated Targeting System, the Automated Export System,
the International Trade Data System, and the TECS, and any
similar and successor systems, to administer the methodologies
and standards established under paragraph (1).
(d) Trade Alerts.--Based upon the application of the targeted risk
assessment methodologies and standards established under subsection
(c), the Director of the Trade Remedy Law Enforcement Division shall
issue Trade Alerts or other such means of notification to directors of
United States ports of entry directing further inspection, physical
examination, or testing of merchandise to ensure compliance with the
trade remedy laws and to require additional bonds, cash deposits, or
other security to ensure collection of any duties, taxes and fees owed.
SEC. 312. COLLECTION OF INFORMATION ON EVASION OF TRADE REMEDY LAWS.
(a) Authority To Collect Information.--To determine whether covered
merchandise is being entered into the customs territory of the United
States through evasion, the Secretary, acting through the
Commissioner--
(1) shall exercise all existing authorities to collect
information needed to make the determination; and
(2) may collect such additional information as is necessary
to make the determination through such methods as the
Commissioner considers appropriate, including by issuing
questionnaires with respect to the entry or entries at issue
to--
(A) a person who filed an allegation with respect
to the covered merchandise;
(B) a person who is alleged to have entered the
covered merchandise into the customs territory of the
United States through evasion; or
(C) any other person who is determined to have
information relevant to the allegation of entry of
covered merchandise into the customs territory of the
United States through evasion.
(b) Adverse Inference.--
(1) In general.--If the Secretary finds that a person who
filed an allegation, a person alleged to have entered covered
merchandise into the customs territory of the United States
through evasion, or a foreign producer or exporter of covered
merchandise that is alleged to have entered into the customs
territory of the United States through evasion, has failed to
cooperate by not acting to the best of the person's ability to
comply with a request for information, the Secretary may, in
making a determination whether an entry or entries of covered
merchandise may constitute merchandise that is entered into the
customs territory of the United States through evasion, use an
inference that is adverse to the interests of that person in
selecting from among the facts otherwise available to determine
whether evasion has occurred.
(2) Adverse inference described.--An adverse inference used
under paragraph (1) may include reliance on information derived
from--
(A) the allegation of evasion of the trade remedy
laws, if any, submitted to U.S. Customs and Border
Protection;
(B) a determination by the Commissioner in another
investigation, proceeding, or other action regarding
evasion of the unfair trade laws; or
(C) any other available information.
SEC. 313. ACCESS TO INFORMATION.
(a) In General.--Section 777(b)(1)(A)(ii) of the Tariff Act of 1930
(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ``negligence,
gross negligence, or'' after ``regarding''.
(b) Additional Information.--Notwithstanding any other provision of
law, the Secretary is authorized to provide to the Secretary of
Commerce or the United States International Trade Commission any
information that is necessary to enable the Secretary of Commerce or
the United States International Trade Commission to assist the
Secretary to identify, through risk assessment targeting or otherwise,
covered merchandise that is entered into the customs territory of the
United States through evasion.
SEC. 314. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING EVASION OF
TRADE REMEDY LAWS.
(a) Bilateral Agreements.--
(1) In general.--The Secretary shall seek to negotiate and
enter into bilateral agreements with the customs authorities or
other appropriate authorities of foreign countries for purposes
of cooperation on preventing evasion of the trade remedy laws
of the United States and the trade remedy laws of the other
country.
(2) Provisions and authorities.--The Secretary shall seek
to include in each such bilateral agreement the following
provisions and authorities:
(A) On the request of the importing country, the
exporting country shall provide, consistent with its
laws, regulations, and procedures, production, trade,
and transit documents and other information necessary
to determine whether an entry or entries exported from
the exporting country are subject to the importing
country's trade remedy laws.
(B) On the written request of the importing
country, the exporting country shall conduct a
verification for purposes of enabling the importing
country to make a determination described in
subparagraph (A).
(C) The exporting country may allow the importing
country to participate in a verification described in
subparagraph (B), including through a site visit.
(D) If the exporting country does not allow
participation of the importing country in a
verification described in subparagraph (B), the
importing country may take this fact into consideration
in its trade enforcement and compliance assessment
activities regarding the compliance of the exporting
country's exports with the importing country's trade
remedy laws.
(b) Consideration.--The Commissioner is authorized to take into
consideration whether a country is a signatory to a bilateral agreement
described in subsection (a) and the extent to which the country is
cooperating under the bilateral agreement for purposes of trade
enforcement and compliance assessment activities of U.S. Customs and
Border Protection that concern evasion by such country's exports.
(c) Report.--Not later than December 31 of each year beginning
after the date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report summarizing--
(1) the status of any ongoing negotiations of bilateral
agreements described in subsection (a), including the
identities of the countries involved in such negotiations;
(2) the terms of any completed bilateral agreements
described in subsection (a); and
(3) bilateral cooperation and other activities conducted
pursuant to or enabled by any completed bilateral agreements
described in subsection (a).
SEC. 315. TRADE NEGOTIATING OBJECTIVES.
The principal negotiating objectives of the United States shall
include obtaining the objectives of the bilateral agreements described
under section 314(a) for any trade agreements under negotiation as of
the date of the enactment of this Act or future trade agreement
negotiations.
Subtitle B--Investigation of Evasion of Trade Remedy Laws
SEC. 321. PROCEDURES FOR INVESTIGATION OF EVASION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
(a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by inserting after section 781 the following:
``SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
``(a) Definitions.--In this section:
``(1) Administering authority.--The term `administering
authority' has the meaning given that term in section 771.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of U.S. Customs and Border Protection.
``(3) Covered merchandise.--The term `covered merchandise'
means merchandise that is subject to--
``(A) a countervailing duty order issued under
section 706; or
``(B) an antidumping duty order issued under
section 736.
``(4) Evasion.--
``(A) In general.--Except as provided in
subparagraph (B), the term `evasion' refers to entering
covered merchandise into the customs territory of the
United States by means of any document or
electronically transmitted data or information, written
or oral statement, or act that is material and false,
or any omission that is material, and that results in
any cash deposit or other security or any amount of
applicable antidumping or countervailing duties being
reduced or not being applied with respect to the
merchandise.
``(B) Exception for clerical error.--
``(i) In general.--Except as provided in
clause (ii), the term `evasion' does not
include entering covered merchandise into the
customs territory of the United States by means
of--
``(I) a document or electronically
transmitted data or information,
written or oral statement, or act that
is false as a result of a clerical
error; or
``(II) an omission that results
from a clerical error.
``(ii) Patterns of negligent conduct.--If
the administering authority determines that a
person has entered covered merchandise into the
customs territory of the United States by means
of a clerical error referred to in subclause
(I) or (II) of clause (i) and that the clerical
error is part of a pattern of negligent conduct
on the part of that person, the administering
authority may determine, notwithstanding clause
(i), that the person has entered such covered
merchandise into the customs territory of the
United States by means of evasion.
``(iii) Electronic repetition of errors.--
For purposes of clause (ii), the mere
unintentional repetition by an electronic
system of an initial clerical error does not
constitute a pattern of negligent conduct.
``(iv) Rule of construction.--A
determination by the administering authority
that a person has entered covered merchandise
into the customs territory of the United States
by means of a clerical error referred to in
subclause (I) or (II) of clause (i) rather than
by means of evasion shall not be construed to
excuse that person from the payment of any
duties applicable to the merchandise.
``(b) Investigation by Administering Authority.--
``(1) Procedures for initiating investigations.--
``(A) Initiation by administering authority.--An
investigation under this subsection shall be initiated
with respect to merchandise imported into the United
States whenever the administering authority determines,
from information available to the administering
authority, that an investigation is warranted with
respect to whether the merchandise is covered
merchandise that has entered into the customs territory
of the United States by means of evasion.
``(B) Initiation by petition or referral.--
``(i) In general.--The administering
authority shall determine whether to initiate
an investigation under this subparagraph not
later than 30 days after the date on which the
administering authority receives a petition
described in clause (ii) or a referral
described in clause (iii).
``(ii) Petition described.--A petition
described in this clause is a petition that--
``(I) is filed with the
administering authority by an
interested party specified in
subparagraph (A), (C), (D), (E), (F),
or (G) of section 771(9);
``(II) alleges that merchandise
imported into the United States is
covered merchandise that has entered
into the customs territory of the
United States by means of evasion; and
``(III) is accompanied by
information reasonably available to the
petitioner supporting those
allegations.
``(iii) Referral described.--A referral
described in this clause is a referral made by
the Commissioner pursuant to subsection (c)(1).
``(2) Time limits for determinations.--
``(A) Preliminary determination.--
``(i) In general.--Not later than 90 days
after the administering authority initiates an
investigation under paragraph (1) with respect
to merchandise, the administering authority
shall issue a preliminary determination, based
on information available to the administering
authority at the time of the determination,
with respect to whether there is a reasonable
basis to believe or suspect that the
merchandise is covered merchandise that has
entered into the customs territory of the
United States by means of evasion.
``(ii) Expedited procedures.--If the
administering authority determines that
expedited action is warranted with respect to
an investigation initiated under paragraph (1),
the administering authority may publish the
notice of initiation of the investigation and
the notice of the preliminary determination in
the Federal Register at the same time.
``(B) Final determination by the administering
authority.--Not later than 300 days after the date on
which the administering authority initiates an
investigation under paragraph (1) with respect to
merchandise, the administering authority shall issue a
final determination with respect to whether the
merchandise is covered merchandise that has entered
into the customs territory of the United States by
means of evasion.
``(3) Access to information.--
``(A) Entry documents, records, and other
information.--Not later than 10 days after receiving a
request from the administering authority with respect
to merchandise that is the subject of an investigation
under paragraph (1), the Commissioner shall transmit to
the administering authority copies of the documentation
and information required by section 484(a)(1) with
respect to the entry of the merchandise, as well as any
other documentation or information requested by the
administering authority.
``(B) Access of interested parties.--Not later than
10 business days after the date on which the
administering authority initiates an investigation
under paragraph (1) with respect to merchandise, the
administering authority shall provide to the authorized
representative of each interested party that filed a
petition under paragraph (1) or otherwise participates
in a proceeding, pursuant to a protective order, the
copies of the entry documentation and any other
information received by the administering authority
under subparagraph (A).
``(C) Business proprietary information from prior
segments.--If an authorized representative of an
interested party participating in an investigation
under paragraph (1) has access to business proprietary
information released pursuant to an administrative
protective order in a proceeding under subtitle A, B,
or C of title VII of the Tariff Act of 1930 that is
relevant to the investigation conducted under paragraph
(1), that authorized representative may submit such
information to the administering authority for its
consideration in the context of the investigation
conducted under paragraph (1).
``(4) Authority to collect and verify additional
information.--In making a determination under paragraph (2)
with respect to covered merchandise, the administering
authority may collect such additional information as is
necessary to make the determination through such methods as the
administering authority considers appropriate, including by--
``(A) issuing a questionnaire with respect to such
covered merchandise to--
``(i) a person that filed an allegation
under paragraph (1)(B)(ii) that resulted in the
initiation of an investigation under paragraph
(1)(A) with respect to such covered
merchandise;
``(ii) a person alleged to have entered
such covered merchandise into the customs
territory of the United States by means of
evasion;
``(iii) a person that is a foreign producer
or exporter of such covered merchandise; or
``(iv) the government of a country from
which such covered merchandise was exported;
``(B) conducting verifications, including on-site
verifications, of any relevant information; and
``(C) requesting--
``(i) that the Commissioner provide any
information and data available to U.S. Customs
and Border Protection; and
``(ii) that the Commissioner gather
additional necessary information from the
importer of covered merchandise and other
relevant parties.
``(5) Adverse inference.--If the administering authority
finds that a person described in clause (i), (ii), or (iii) of
paragraph (4)(A) has failed to cooperate by not acting to the
best of the person's ability to comply with a request for
information, the administering authority may, in making a
determination under paragraph (2), use an inference that is
adverse to the interests of that person in selecting from among
the facts otherwise available to make the determination.
``(6) Effect of affirmative preliminary determination.--If
the administering authority makes a preliminary determination
under paragraph (2)(A) that merchandise is covered merchandise
that has entered into the customs territory of the United
States by means of evasion, the administering authority shall
instruct U.S. Customs and Border Protection--
``(A) to suspend liquidation of each entry of the
merchandise that--
``(i) enters on or after the date of the
preliminary determination; or
``(ii) enters before that date, if the
liquidation of the entry is not final on that
date; and
``(B) to require the posting of a cash deposit for
each entry of the merchandise in an amount determined
pursuant to the order, or administrative review
conducted under section 751, that applies to the
merchandise.
``(7) Effect of affirmative final determination.--
``(A) In general.--If the administering authority
makes a final determination under paragraph (2)(B) that
merchandise is covered merchandise that has entered
into the customs territory of the United States by
means of evasion, the administering authority shall
instruct U.S. Customs and Border Protection--
``(i) to assess duties on the merchandise
in an amount determined pursuant to the order,
or administrative review conducted under
section 751, that applies to the merchandise;
``(ii) notwithstanding section 501, to
reliquidate, in accordance with such order or
administrative review, each entry of the
merchandise that was liquidated and is
determined to include covered merchandise; and
``(iii) to review and reassess the amount
of bond or other security the importer is
required to post for such merchandise entered
on or after the date of the final determination
to ensure the protection of revenue and
compliance with the law.
``(B) Additional authority.--If the administering
authority makes a final determination under paragraph
(2)(B) that merchandise is covered merchandise that has
entered into the customs territory of the United States
by means of evasion, the administering authority may
instruct U.S. Customs and Border Protection to require
the importer of the merchandise to post a cash deposit
or bond on such merchandise entered on or after the
date of the final determination in an amount the
administering authority determines in the final
determination to be owed with respect to the
merchandise.
``(8) Effect of negative final determination.--If the
administering authority makes a final determination under
paragraph (2)(B) that merchandise is not covered merchandise
that has entered into the customs territory of the United
States by means of evasion, the administering authority shall
terminate the suspension of liquidation and refund any cash
deposit imposed pursuant to paragraph (6) with respect to the
merchandise.
``(9) Notification.--Not later than 5 business days after
making a determination under paragraph (2) with respect to
covered merchandise, the administering authority may provide to
importers, in such manner as the administering authority
determines appropriate, information discovered in the
investigation that the administering authority determines will
help educate importers with respect to importing merchandise
into the customs territory of the United States in accordance
with all applicable laws and regulations.
``(10) Special rule for cases in which the producer or
exporter is unknown.--If the administering authority is unable
to determine the actual producer or exporter of the merchandise
with respect to which the administering authority initiated an
investigation under paragraph (1), the administering authority
shall, in requiring the posting of a cash deposit under
paragraph (6) or assessing duties pursuant to paragraph (7)(A),
impose the cash deposit or duties (as the case may be) in the
highest amount applicable to any producer or exporter of the
merchandise pursuant to any order, or any administrative review
conducted under section 751.
``(11) Publication of determinations.--The administering
authority shall publish in the Federal Register each notice of
initiation of an investigation made under paragraph (1)(A),
each preliminary determination made under paragraph (2)(A), and
each final determination made under paragraph (2)(B).
``(12) Referrals to other agencies.--
``(A) After preliminary determination.--
Notwithstanding section 777 and subject to subparagraph
(C), when the administering authority makes an
affirmative preliminary determination under paragraph
(2)(A), the administering authority shall--
``(i) transmit the administrative record to
the Commissioner for such additional action as
the Commissioner determines appropriate,
including proceedings under section 592; and
``(ii) at the request of the head of
another agency, transmit the administrative
record to the head of that agency.
``(B) After final determination.--Notwithstanding
section 777 and subject to subparagraph (C), when the
administering authority makes an affirmative final
determination under paragraph (2)(B), the administering
authority shall--
``(i) transmit the complete administrative
record to the Commissioner; and
``(ii) at the request of the head of
another agency, transmit the complete
administrative record to the head of that
agency.
``(c) Referral by U.S. Customs and Border Protection.--In the event
the Commissioner receives information that a person has entered covered
merchandise into the customs territory of the United States through
evasion, but is not able to determine whether the merchandise is in
fact covered merchandise, the Commissioner shall--
``(1) refer the matter to the administering authority for
additional proceedings under subsection (b); and
``(2) transmit to the administering authority--
``(A) copies of the entry documents and information
required by section 484(a)(1) relating to the
merchandise; and
``(B) any additional records or information that
the Commissioner considers appropriate.
``(d) Cooperation Between U.S. Customs and Border Protection and
the Department of Commerce.--
``(1) Notification of investigations.--Upon receiving a
petition and upon initiating an investigation under subsection
(b), the administering authority shall notify the Commissioner.
``(2) Procedures for cooperation.--Not later than 180 days
after the date of the enactment of this section, the
Commissioner and the administering authority shall establish
procedures to ensure maximum cooperation and communication
between U.S. Customs and Border Protection and the
administering authority in order to quickly, efficiently, and
accurately investigate allegations of evasion of antidumping
and countervailing duty orders.
``(e) Annual Report on Preventing Evasion of Antidumping and
Countervailing Duty Orders.--
``(1) In general.--Not later than February 28 of each year
beginning in 2016, the Under Secretary for International Trade
of the Department of Commerce shall submit to the Committee on
Finance and the Committee on Appropriations of the Senate and
the Committee on Ways and Means and the Committee on
Appropriations of the House of Representatives a report on the
efforts being taken under subsection (b) to prevent evasion of
antidumping and countervailing duty orders.
``(2) Contents.--Each report required by paragraph (1)
shall include, for the calendar year preceding the submission
of the report--
``(A)(i) the number of investigations initiated
pursuant to subsection (b); and
``(ii) a description of such investigations,
including--
``(I) the results of such investigations;
and
``(II) the amount of antidumping and
countervailing duties collected as a result of
such investigations; and
``(B) the number of referrals made by the
Commissioner pursuant to subsection (c).''.
(b) Technical Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting after the item relating
to section 781 the following:
``Sec. 781A. Procedures for prevention of evasion of antidumping and
countervailing duty orders.''.
(c) Judicial Review.--Section 516A(a)(2) of the Tariff Act of 1930
(19 U.S.C. 1516a(a)(2)) is amended--
(1) in subparagraph (A)(i)(I), by striking ``or (viii)''
and inserting ``(viii), or (ix)''; and
(2) in subparagraph (B), by inserting at the end the
following:
``(ix) A determination by the administering
authority under section 781A.''.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this Act--
(1) the Secretary of Commerce shall prescribe such
regulations as may be necessary to carry out subsection (b) of
section 781A of the Tariff Act of 1930 (as added by subsection
(a) of this section); and
(2) the Commissioner shall prescribe such regulations as
may be necessary to carry out subsection (c) of such section
781A.
(e) Effective Date.--The amendments made by this section shall--
(1) take effect on the date that is 180 days after the date
of the enactment of this Act; and
(2) apply with respect to merchandise entered on or after
such date of enactment.
SEC. 322. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than 4 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Finance and the Committee on Appropriations of the Senate
and the Committee on Ways and Means and the Committee on Appropriations
of the House of Representatives a report assessing the effectiveness
of--
(1) the provisions of, and amendments made by, this
subtitle; and
(2) the actions taken and procedures developed by the
Secretary of Commerce and the Commissioner pursuant to such
provisions and amendments to prevent evasion of antidumping and
countervailing duty orders under title VII of the Tariff Act of
1930 (19 U.S.C. 1671 et seq.).
Subtitle C--Other Matters
SEC. 331. ALLOCATION AND TRAINING OF PERSONNEL.
The Commissioner shall, to the maximum extent possible, ensure that
U.S. Customs and Border Protection--
(1) employs sufficient personnel who have expertise in, and
responsibility for, preventing and investigating the entry of
covered merchandise into the customs territory of the United
States through evasion;
(2) on the basis of risk assessment metrics, assigns
sufficient personnel with primary responsibility for preventing
the entry of covered merchandise into the customs territory of
the United States through evasion to the ports of entry in the
United States at which the Commissioner determines potential
evasion presents the most substantial threats to the revenue of
the United States; and
(3) provides adequate training to relevant personnel to
increase expertise and effectiveness in the prevention and
identification of entries of covered merchandise into the
customs territory of the United States through evasion.
SEC. 332. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
(a) In General.--Not later than February 28 of each year, beginning
in 2017, the Commissioner, in consultation with the Secretary of
Commerce and the Director of U.S. Immigration and Customs Enforcement,
shall submit to the appropriate congressional committees a report on
the efforts being taken to prevent and investigate evasion.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) for the calendar year preceding the submission of the
report--
(A) a summary of the efforts of U.S. Customs and
Border Protection to prevent and identify evasion;
(B) the number of allegations of evasion received
and the number of allegations of evasion resulting in
any administrative, civil, or criminal actions by U.S.
Customs and Border Protection or any other agency;
(C) a summary of the completed administrative
inquiries of evasion, including the number and nature
of the inquiries initiated, conducted, or completed, as
well as their resolution;
(D) with respect to inquiries that lead to issuance
of a penalty notice, the penalty amounts;
(E) the amounts of antidumping and countervailing
duties collected as a result of any actions by U.S.
Customs and Border Protection or any other agency;
(F) a description of the allocation of personnel
and other resources of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement
to prevent, identify, and investigate evasion,
including any assessments conducted regarding the
allocation of such personnel and resources; and
(G) a description of training conducted to increase
expertise and effectiveness in the prevention,
identification, and investigation of evasion; and
(2) a description of U.S. Customs and Border Protection
processes and procedures to prevent and identify evasion,
including--
(A) the specific guidelines, policies, and
practices used by U.S. Customs and Border Protection to
ensure that allegations of evasion are promptly
evaluated and acted upon in a timely manner;
(B) an evaluation of the efficacy of such existing
guidelines, policies, and practices;
(C) identification of any changes since the last
report that have materially improved or reduced the
effectiveness of U.S. Customs and Border Protection to
prevent and identify evasion;
(D) a description of the development and
implementation of policies for the application of
single entry and continuous bonds for entries of
covered merchandise to sufficiently protect the
collection of antidumping and countervailing duties
commensurate with the level of risk on noncollection;
(E) the processes and procedures for increased
cooperation and information sharing with the Department
of Commerce, U.S. Immigration and Customs Enforcement,
and any other relevant Federal agencies to prevent and
identify evasion; and
(F) identification of any recommended policy
changes of other Federal agencies or legislative
changes to improve the effectiveness of U.S. Customs
and Border Protection to prevent and identify evasion.
SEC. 333. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1675(a)(2)(B)) is amended--
(1) by striking clause (iii);
(2) by redesignating clause (iv) as clause (iii); and
(3) by inserting after clause (iii), as redesignated by
paragraph (2) of this section, the following:
``(iv) Determinations based on bonafide
sales.--Any weighted average dumping margin or
individual countervailing duty rate determined
for an exporter or producer in a review
conducted under clause (i) shall be based
solely on the bona fide United States sales of
an exporter or producer, as the case may be,
made during the period covered by the review.
In determining whether the United States sales
of an exporter or producer made during the
period covered by the review were bona fide,
the administering authority shall consider,
depending on the circumstances surrounding such
sales--
``(I) the prices of such sales;
``(II) whether such sales were made
in commercial quantities;
``(III) the timing of such sales;
``(IV) the expenses arising from
such sales;
``(V) whether the subject
merchandise involved in such sales was
resold in the United States at a
profit;
``(VI) whether such sales were made
on an arms-length basis; and
``(VII) any other factor the
administering authority determines to
be relevant as to whether such sales
are, or are not, likely to be typical
of those the exporter or producer will
make after completion of the review.''.
SEC. 334. SENSE OF CONGRESS ON REFORM OF EXPORT CONTROL POLICIES.
(a) Findings.--Congress finds the following:
(1) The United States would benefit from predictable,
efficient, and transparent export control policies.
(2) Such export control policies should focus on the
mutually reinforcing goals of--
(A) adequate national security; and
(B) increased global competitiveness and job
growth.
(b) Sense of Congress.--It is the sense of Congress that the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued
in effect pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), has become obsolete and should be reformed
and reauthorized.
TITLE IV--CREATING FEDERAL SPECTRUM INCENTIVES
SEC. 401. SHORT TITLE.
This title may be cited as the ``Federal Spectrum Incentive Act of
2015''.
SEC. 402. FEDERAL SPECTRUM INCENTIVES.
(a) Notice to Commission.--
(1) In general.--Section 113(g)(4) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(4)) is amended--
(A) by striking the heading and inserting ``Notice
to commission.--'';
(B) in the second sentence of subparagraph (A), by
striking ``shall notify the Commission'' and all that
follows and inserting the following: ``shall notify the
Commission--
``(i) of estimated relocation or sharing
costs and timelines for such relocation or
sharing; or
``(ii) that, instead of relocation or
sharing costs under this subsection and section
118, a Federal entity will receive payment
under section 120 because such entity is--
``(I) discontinuing the operations
that the Federal entity conducts on
such eligible frequencies without
relocating such operations to other
frequencies; or
``(II) relocating such operations
to frequencies assigned to another
Federal entity in order for such
entities to share such frequencies.'';
and
(C) by adding at the end the following:
``(D) This subsection and section 118 shall not
apply with respect to the discontinuance of operations
on eligible frequencies or the relocation of such
operations by a Federal entity after the Commission
receives notice under subparagraph (A)(ii) with respect
to such discontinuance or relocation.''.
(2) Conforming amendments.--Section 113(g) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)) is amended--
(A) in paragraph (3)(A)(iii)(I), by striking
``paragraph (4)(A)'' and inserting ``paragraph
(4)(A)(i)'';
(B) in paragraph (4)--
(i) in subparagraph (B), by striking
``subparagraph (A)'' and inserting
``subparagraph (A)(i)''; and
(ii) in subparagraph (C), by striking
``subparagraphs (A) and (B)'' and inserting
``subparagraphs (A)(i) and (B)''; and
(C) in paragraph (5), by striking ``paragraph
(4)(A)'' and inserting ``paragraph (4)(A)(i)''.
(b) Transition Plans.--Section 113(h) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(h)) is amended--
(1) in the heading, by striking ``Relocation or Sharing'';
(2) by amending paragraph (1) to read as follows:
``(1) Development of transition plan by federal entity.--
``(A) In general.--Not later than 240 days before
the commencement of any auction of eligible frequencies
described in subsection (g)(2), a Federal entity
authorized to use any such frequency shall submit to
the NTIA and to the Technical Panel established by
paragraph (3) a transition plan in which the Federal
entity--
``(i) declares the intention of such
entity--
``(I) to share such eligible
frequencies with a non-Federal user or
to relocate to other frequencies, and
to receive relocation or sharing costs
from the Spectrum Relocation Fund
established by section 118; or
``(II) to discontinue the
operations that the Federal entity
conducts on such eligible frequencies
without relocating such operations to
other frequencies or to relocate such
operations to frequencies assigned to
another Federal entity in order for
such entities to share such
frequencies, and to receive payment
from the Federal Spectrum Incentive
Fund established by section 120; and
``(ii) describes how the entity will
implement the relocation, sharing, or
discontinuance arrangement.
``(B) Common format.--The NTIA shall specify, after
public input, a common format for all Federal entities
to follow in preparing transition plans under this
paragraph.'';
(3) in paragraph (2)--
(A) in subparagraph (D), by inserting ``, to
discontinue such use,'' after ``from such
frequencies'';
(B) in subparagraph (F), by inserting ``,
discontinuance,'' after ``relocation''; and
(C) in subparagraph (G), by striking ``The plans''
and inserting ``To the extent applicable given the
intention declared by the entity under paragraph
(1)(A)(i), the plans'';
(4) in paragraph (4)(A), by inserting ``(if applicable)''
after ``timelines and'';
(5) in paragraph (6)--
(A) by inserting ``(if applicable)'' after
``costs''; and
(B) by inserting ``, discontinuance,'' after
``relocation'' the second place it appears; and
(6) in paragraph (7)(A)(ii), by inserting ``,
discontinuance,'' after ``relocation''.
(c) Relocation or Discontinuance Prioritized Over Sharing.--Section
113(j) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(j)) is amended--
(1) in the heading, by inserting ``or Discontinuance''
after ``Relocation''; and
(2) by inserting ``or discontinuance of the operations that
the Federal entity conducts on the band'' after ``from the
band'' each place it appears.
(d) Deposit of Auction Proceeds.--Section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (C)(i), by striking ``(D)(ii)'' and
inserting ``(D)(ii), (D)(iii)''; and
(2) in subparagraph (D)--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(B) by adding at the end the following:
``(iii) Federal spectrum incentives.--
Notwithstanding subparagraph (A) and except as
provided in subparagraph (B) and clause (ii) of
this subparagraph, in the case of proceeds
(including deposits and upfront payments from
successful bidders) attributable to the auction
of eligible frequencies described in section
113(g)(2) of the National Telecommunications
and Information Administration Organization Act
with respect to which the Commission has
received notice under section 113(g)(4)(A)(ii)
of such Act, 1 percent of such proceeds shall
be deposited in the Federal Spectrum Incentive
Fund established by section 120 of such Act and
shall be available in accordance with such
section. The remainder of such proceeds shall
be deposited in the general fund of the
Treasury, where such proceeds shall be
dedicated for the sole purpose of deficit
reduction.''.
(e) Federal Spectrum Incentive Fund.--Part B of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 921 et seq.) is amended by adding at the end the following:
``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Federal Spectrum Incentive Fund
(in this section referred to as the `Fund'), which shall be
administered by the Office of Management and Budget (in this section
referred to as `OMB'), in consultation with the NTIA.
``(b) Transfer of Funds.--The Director of OMB shall transfer from
the Fund to a Federal entity an amount equal to the amount deposited in
accordance with section 309(j)(8)(D)(iii) of the Communications Act of
1934 that is attributable to the auction of eligible frequencies
described in section 113(g)(2) of this Act being vacated by such
entity. Such amount shall be available to the Federal entity in
accordance with subsection (c) and shall remain available until
expended.
``(c) Use of Funds.--A Federal entity may use an amount transferred
under subsection (b) for the following purposes:
``(1) Offset of sequestration.--Any purposes permitted
under the terms and conditions of an appropriations account of
the Federal entity that was subject to sequestration for any
fiscal year under the Balanced Budget and Emergency Deficit
Control Act of 1985. The amount used for such purposes under
this paragraph may not exceed the amount by which the amount
available to such entity under such account was reduced by
sequestration for such fiscal year.
``(2) Transfer to incumbent federal entity.--In the case of
a Federal entity that is relocating operations to frequencies
assigned to an incumbent Federal entity in order for such
entities to share such frequencies, to transfer an amount to
the incumbent Federal entity for any purposes permitted under
this subsection (except this paragraph). The transferred amount
shall remain available to the incumbent Federal entity until
expended.
``(d) Prohibition on Duplicative Payments.--If the Commission
receives notice under section 113(g)(4)(A)(ii) of a discontinuance of
operations on or relocation from eligible frequencies by a Federal
entity that has received, from the Spectrum Relocation Fund in
accordance with section 118(d)(3), relocation or sharing costs related
to pre-auction estimates or research with respect to such frequencies,
the Director of OMB shall deduct from the amount to be transferred to
such entity under subsection (b) an amount equal to such costs and
shall transfer such amount to the Spectrum Relocation Fund.''.
(f) Department of Defense Spectrum.--Section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) does not apply to frequencies with respect to which the Federal
Communications Commission has received notice under section
113(g)(4)(A)(ii) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(4)(A)(ii)).
SEC. 403. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM
SHARING.
(a) Description of Eligible Federal Entities.--Section 113(g)(1) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(1)) is amended--
(1) by striking ``authorized to use a band of eligible
frequencies described in paragraph (2)'';
(2) by striking ``spectrum frequencies'' the first place it
appears and inserting ``eligible frequencies described in
paragraph (2)''; and
(3) by striking ``spectrum frequencies'' the second place
it appears and inserting ``eligible frequencies described in
such paragraph''.
(b) Definition of Relocation or Sharing Costs.--Section
113(g)(3)(A) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended--
(1) in clause (iv)(II), by striking ``and'' at the end;
(2) in clause (v), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(vi) the costs incurred by an incumbent
Federal entity to accommodate sharing the
spectrum frequencies assigned to such entity
with a Federal entity the operations of which
are being relocated from eligible frequencies
described in paragraph (2), unless the
Commission receives notice under paragraph
(4)(A)(ii)(II) with respect to the relocation
of such operations.''.
(c) Spectrum Relocation Fund.--Section 118 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 928) is amended--
(1) in subsection (c), by striking ``with respect to'' and
all that follows and inserting the following: ``with respect
to--
``(1) relocation from or sharing of such eligible
frequencies; or
``(2) in the case of an incumbent Federal entity described
in section 113(g)(3)(A)(vi), accommodating sharing the spectrum
frequencies assigned to such entity with a Federal entity the
operations of which are being relocated from such eligible
frequencies.''; and
(2) in subsection (d)--
(A) in paragraph (2)(A), by inserting ``(or, in the
case of an incumbent Federal entity described in
section 113(g)(3)(A)(vi), the eligible Federal entity
the operations of which are being relocated has
submitted such a plan)'' after ``transition plan''; and
(B) in paragraph (3)(B)(ii), by inserting ``except
in the case of an incumbent Federal entity described in
section 113(g)(3)(A)(vi),'' before ``the transition
plan''.
TITLE V--PROVIDING REGULATORY RELIEF, CERTAINTY, AND TRANSPARENCY
Subtitle A--Energy Consumers Relief
CHAPTER 1--FINALIZING ENERGY-RELATED RULES
SEC. 501. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not promulgate as final an
energy-related rule that is estimated to cost more than $1 billion if
the Secretary of Energy determines under section 502(3) that the rule
will cause significant adverse effects to the economy.
SEC. 502. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
Before promulgating as final any energy-related rule that is
estimated to cost more than $1 billion:
(1) Report to congress.--The Administrator of the
Environmental Protection Agency shall submit to Congress a
report (and transmit a copy to the Secretary of Energy)
containing--
(A) a copy of the rule;
(B) a concise general statement relating to the
rule;
(C) an estimate of the total costs of the rule,
including the direct costs and indirect costs of the
rule;
(D)(i) an estimate of the total benefits of the
rule and when such benefits are expected to be
realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the limitations due
to uncertainty, speculation, or lack of information
associated with the estimates under this subparagraph;
and
(iii) a certification that all data and documents
relied upon by the Agency in developing such
estimates--
(I) have been preserved; and
(II) are available for review by the public
on the Agency's Web site, except to the extent
to which publication of such data and documents
would constitute disclosure of confidential
information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or
electricity prices for consumers, that may result from
implementation or enforcement of the rule; and
(F) a detailed description of the employment
effects, including potential job losses and shifts in
employment, that may result from implementation or
enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission and the Administrator of the Energy
Information Administration, shall prepare an independent
analysis to determine whether the rule will cause--
(A) any increase in energy prices for consumers,
including low-income households, small businesses, and
manufacturers;
(B) any impact on fuel diversity of the Nation's
electricity generation portfolio or on national,
regional, or local electric reliability;
(C) any adverse effect on energy supply,
distribution, or use due to the economic or technical
infeasibility of implementing the rule; or
(D) any other adverse effect on energy supply,
distribution, or use (including a shortfall in supply
and increased use of foreign supplies).
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary of Energy determines, under
paragraph (2), that the rule will cause an increase, impact, or
effect described in such paragraph, then the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Commerce, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause
significant adverse effects to the economy, taking into
consideration--
(i) the costs and benefits of the rule and
limitations in calculating such costs and
benefits due to uncertainty, speculation, or
lack of information; and
(ii) the positive and negative impacts of
the rule on economic indicators, including
those related to gross domestic product,
unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of such determination in
the Federal Register.
SEC. 503. DEFINITIONS.
In this chapter:
(1) The terms ``direct costs'' and ``indirect costs'' have
the meanings given such terms in chapter 8 of the Environmental
Protection Agency's ``Guidelines for Preparing Economic
Analyses'' dated December 17, 2010.
(2) The term ``energy-related rule that is estimated to
cost more than $1 billion'' means a rule of the Environmental
Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator of the
Environmental Protection Agency or the Director of the
Office of Management and Budget to impose direct costs
and indirect costs, in the aggregate, of more than
$1,000,000,000.
(3) The term ``rule'' has the meaning given to such term in
section 551 of title 5, United States Code.
SEC. 504. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) In General.--Notwithstanding any other provision of law or any
Executive order, the Administrator of the Environmental Protection
Agency may not use the social cost of carbon in order to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related rule
that is estimated to cost more than $1 billion unless and until a
Federal law is enacted authorizing such use.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the technical
support document entitled ``Technical Support Document: Technical
Update of the Social Cost of Carbon for Regulatory Impact Analysis
Under Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in May 2013,
or any successor or substantially related document, or any other
estimate of the monetized damages associated with an incremental
increase in carbon dioxide emissions in a given year.
CHAPTER 2--ELECTRICITY SECURITY AND AFFORDABILITY
SEC. 511. SHORT TITLE.
This chapter may be cited as the ``Electricity Security and
Affordability Act''.
SEC. 512. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC
UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator of the Environmental Protection
Agency may not issue, implement, or enforce any proposed or final rule
under section 111 of the Clean Air Act (42 U.S.C. 7411) that
establishes a standard of performance for emissions of any greenhouse
gas from any new source that is a fossil fuel-fired electric utility
generating unit unless such rule meets the requirements under
subsections (b) and (c).
(b) Requirements.--In issuing any rule under section 111 of the
Clean Air Act (42 U.S.C. 7411) establishing standards of performance
for emissions of any greenhouse gas from new sources that are fossil
fuel-fired electric utility generating units, the Administrator of the
Environmental Protection Agency (for purposes of establishing such
standards)--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not set a standard based on the best system of
emission reduction for new sources within a fossil-fuel
category unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 6 units within
such category--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
(c) Coal Having a Heat Content of 8300 or Less British Thermal
Units Per Pound.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator of the Environmental Protection
Agency shall establish a separate subcategory for new sources
that are fossil fuel-fired electric utility generating units
using coal with an average heat content of 8300 or less British
Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule under section 111 of the Clean Air Act (42
U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new sources in such
subcategory, the Administrator of the Environmental Protection
Agency shall not set a standard based on the best system of
emission reduction unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 3 units within
such subcategory--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
(d) Technologies.--Nothing in this section shall be construed to
preclude the issuance, implementation, or enforcement of a standard of
performance that--
(1) is based on the use of one or more technologies that
are developed in a foreign country, but has been demonstrated
to be achievable at fossil fuel-fired electric utility
generating units in the United States; and
(2) meets the requirements of subsections (b) and (c), as
applicable.
SEC. 513. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE
FOR EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-
FIRED ELECTRIC UTILITY GENERATING UNITS.
(a) Applicability.--This section applies with respect to any rule
or guidelines issued by the Administrator of the Environmental
Protection Agency under section 111 of the Clean Air Act (42 U.S.C.
7411) that--
(1) establish any standard of performance for emissions of
any greenhouse gas from any modified or reconstructed source
that is a fossil fuel-fired electric utility generating unit;
or
(2) apply to the emissions of any greenhouse gas from an
existing source that is a fossil fuel-fired electric utility
generating unit.
(b) Congress To Set Effective Date.--A rule or guidelines described
in subsection (a) shall not take effect unless a Federal law is enacted
specifying such rule's or guidelines' effective date.
(c) Reporting.--A rule or guidelines described in subsection (a)
shall not take effect unless the Administrator of the Environmental
Protection Agency has submitted to Congress a report containing each of
the following:
(1) The text of such rule or guidelines.
(2) The economic impacts of such rule or guidelines,
including the potential effects on--
(A) economic growth, competitiveness, and jobs in
the United States;
(B) electricity ratepayers, including low-income
ratepayers in affected States;
(C) required capital investments and projected
costs for operation and maintenance of new equipment
required to be installed; and
(D) the global economic competitiveness of the
United States.
(3) The amount of greenhouse gas emissions that such rule
or guidelines are projected to reduce as compared to overall
global greenhouse gas emissions.
(d) Consultation.--In carrying out subsection (c), the
Administrator of the Environmental Protection Agency shall consult with
the Administrator of the Energy Information Administration, the
Comptroller General of the United States, the Director of the National
Energy Technology Laboratory, and the Under Secretary of Commerce for
Standards and Technology.
SEC. 514. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules and guidelines shall be of no force or effect,
and shall be treated as though such rules and guidelines had never been
issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'', published at 77
Fed. Reg. 22392 (April 13, 2012); and
(B) withdrawn pursuant to the notice entitled
``Withdrawal of Proposed Standards of Performance for
Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'', published at 79
Fed. Reg. 1352 (January 8, 2014).
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'', published at 79 Fed. Reg.
1430 (January 8, 2014).
(3) With respect to the proposed rules described in
paragraphs (1) and (2), any successor or substantially similar
proposed or final rule that--
(A) is issued prior to the date of the enactment of
this Act;
(B) is applicable to any new source that is a
fossil fuel-fired electric utility generating unit; and
(C) does not meet the requirements under
subsections (b) and (c) of section 512.
(4) The proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'', published at 79 Fed. Reg. 34830 (June 18,
2014).
(5) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'', published at 79 Fed. Reg. 34960
(June 18, 2014).
(6) With respect to the proposed rules described in
paragraphs (4) and (5), any successor or substantially similar
proposed or final rule that--
(A) is issued prior to the date of the enactment of
this Act; and
(B) is applicable to any existing, modified, or
reconstructed source that is a fossil fuel-fired
electric utility generating unit.
SEC. 515. DEFINITIONS.
In this chapter:
(1) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of carbon capture and storage technologies that has
received Federal Government funding or financial assistance.
(2) Existing source.--The term ``existing source'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)), except such term shall not include any
modified source.
(3) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(4) Modification.--The term ``modification'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(5) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of the enactment of this Act.
(6) New source.--The term ``new source'' has the meaning
given such term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)), except that such term shall not include any
modified source.
Subtitle B--LNG Permitting Certainty and Transparency
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ``LNG Permitting Certainty and
Transparency Act''.
SEC. 522. ACTION ON APPLICATIONS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission or the
United States Maritime Administration to site, construct, expand, or
operate LNG export facilities, the Department of Energy shall issue a
final decision on any application for the authorization to export
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not
later than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a), review
required by the National Environmental Policy Act of 1969 shall be
considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant to
the National Environmental Policy Act of 1969 implementing
regulations.
(c) Judicial Action.--(1) The United States Court of Appeals for
the circuit in which the export facility will be located pursuant to an
application described in subsection (a) shall have original and
exclusive jurisdiction over any civil action for the review of--
(A) an order issued by the Department of Energy with
respect to such application; or
(B) the Department of Energy's failure to issue a final
decision on such application.
(2) If the Court in a civil action described in paragraph (1) finds
that the Department of Energy has failed to issue a final decision on
the application as required under subsection (a), the Court shall order
the Department of Energy to issue such final decision not later than 30
days after the Court's order.
(3) The Court shall set any civil action brought under this
subsection for expedited consideration and shall set the matter on the
docket as soon as practical after the filing date of the initial
pleading.
SEC. 523. PUBLIC DISCLOSURE OF EXPORT DESTINATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by
adding at the end the following:
``(g) Public Disclosure of LNG Export Destinations.--As a condition
for approval of any authorization to export LNG, the Secretary of
Energy shall require the applicant to publicly disclose the specific
destination or destinations of any such authorized LNG exports.''.
Subtitle C--Preventing Government Waste and Protecting Coal Mining Jobs
in America
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Preventing Government Waste and
Protecting Coal Mining Jobs in America''.
SEC. 532. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO
STATE PROGRAMS.
(a) In General.--Section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the
end the following:
``(e) Stream Buffer Zone Management.--
``(1) In general.--In addition to the requirements under
subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and
buffers for perennial and intermittent streams published by the
Office of Surface Mining Reclamation and Enforcement on
December 12, 2008 (73 Fed. Reg. 75813 et seq.), which complies
with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) in view of the 2006 discussions between the Director of
the Office of Surface Mining and the Director of the United
States Fish and Wildlife Service, and the Office of Surface
Mining Reclamation and Enforcement's consideration and review
of comments submitted by the United States Fish and Wildlife
Service during the rulemaking process in 2007.
``(2) Study of implementation.--The Secretary shall--
``(A) at such time as the Secretary determines all
States referred to in subsection (a) have fully
incorporated the necessary rule referred to in
paragraph (1) of this subsection into their State
programs, publish notice of such determination;
``(B) during the 5-year period beginning on the
date of such publication, assess the effectiveness of
implementation of such rule by such States;
``(C) carry out all required consultation on the
benefits and other impacts of the implementation of the
rule to any threatened species or endangered species,
with the participation of the United States Fish and
Wildlife Service and the United States Geological
Survey; and
``(D) upon the conclusion of such period, submit a
comprehensive report on the impacts of such rule to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, including--
``(i) an evaluation of the effectiveness of
such rule;
``(ii) an evaluation of any ways in which
the existing rule inhibits energy production;
and
``(iii) a description in detail of any
proposed changes that should be made to the
rule, the justification for such changes, all
comments on such changes received by the
Secretary from such States, and the projected
costs and benefits of such changes.
``(3) Limitation on new regulations.--The Secretary may not
issue any regulations under this Act relating to stream buffer
zones or stream protection before the date of the publication
of the report under paragraph (2), other than a rule necessary
to implement paragraph (1).''.
(b) Deadline for State Implementation.--Not later than 2 years
after the date of the enactment of this Act, a State with a State
program approved under section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary
of the Interior amendments to such program pursuant to part 732 of
title 30, Code of Federal Regulations, incorporating the necessary rule
referred to in subsection (e)(1) of such section, as amended by this
section.
TITLE VI--REDUCING HEALTH CARE BURDENS AND IMPROVING PATIENT COVERAGE
SEC. 601. REPEAL OF THE HEALTH CARE LAW AND HEALTH CARE-RELATED
PROVISIONS IN THE HEALTH CARE AND EDUCATION
RECONCILIATION ACT OF 2010.
(a) 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.
(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.
SEC. 602. NO LIFETIME LIMITS.
Part A of title XXVII of the Public Health Service Act, as restored
under section 601(a), is amended by inserting after section 2702 (42
U.S.C. 300gg-1) the following:
``SEC. 2703. NO LIFETIME LIMITS.
``A group health plan and a health insurance issuer offering group
or individual health insurance coverage may not establish lifetime
limits on the dollar value of benefits for any individual.''.
SEC. 603. ESTABLISH UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK
POOLS AND REINSURANCE MARKETS.
(a) State Requirement.--
(1) In general.--Not later than January 1, 2017, each State
shall, subject to paragraph (3)--
(A) operate--
(i) a qualified State reinsurance program
described in subsection (b); or
(ii) a qualifying State high risk pool
described in subsection (c)(1); and
(B) apply to the operation of such a program from
State funds an amount equivalent to the portion of
State funds derived from State premium assessments (as
defined by the Secretary) that are not otherwise used
on State health care programs.
(2) Relation to current qualified high risk pool program.--
(A) States not operating a qualified high risk
pool.--In the case of a State that is not operating a
current section 2745 qualified high risk pool as of the
date of the enactment of this Act--
(i) the State may only meet the requirement
of paragraph (1) through the operation of a
qualified State reinsurance program described
in subsection (b); and
(ii) the State's operation of such a
reinsurance program shall be treated, for
purposes of section 2745 of the Public Health
Service Act, as the operation of a qualified
high risk pool described in such section.
(B) State operating a qualified high risk pool.--In
the case of a State that is operating a current section
2745 qualified high risk pool as of the date of the
enactment of this Act--
(i) as of January 1, 2017, such a pool
shall not be treated as a qualified high risk
pool under section 2745 of the Public Health
Service Act unless the pool is a qualifying
State high risk pool described in subsection
(c)(1); and
(ii) the State may use premium assessment
funds described in paragraph (1)(B) to
transition from operation of such a pool to
operation of a qualified State reinsurance
program described in subsection (b).
(3) Application of funds.--If the program or pool operated
under paragraph (1)(A) is in strong fiscal health, as
determined in accordance with standards established by the
National Association of Insurance Commissioners and as approved
by the State Insurance Commissioner involved, the requirement
of paragraph (1)(B) shall be deemed to be met.
(b) Qualified State Reinsurance Program.--
(1) In general.--For purposes of this section, the term
``qualified State reinsurance program'' means a program
operated by a State program that provides reinsurance for
health insurance coverage offered in the small group market in
accordance with the model for such a program established (as of
the date of the enactment of this Act).
(2) Form of program.--A qualified State reinsurance program
may provide reinsurance--
(A) on a prospective or retrospective basis; and
(B) on a basis that protects health insurance
issuers against the annual aggregate spending of their
enrollees as well as purchase protection against
individual catastrophic costs.
(3) Satisfaction of hipaa requirement.--A qualified State
reinsurance program shall be deemed, for purposes of section
2745 of the Public Health Service Act, to be a qualified high
risk pool under such section.
(c) Qualifying State High Risk Pool.--
(1) In general.--A qualifying State high risk pool
described in this subsection means a current section 2745
qualified high risk pool that meets the following requirements:
(A) The pool provides at least two coverage
options, one of which is a high deductible health plan
coupled with a health savings account.
(B) The pool is funded with a stable funding
source.
(C) The pool eliminates any waiting lists so that
all eligible residents who are seeking coverage through
the pool should be allowed to receive coverage through
the pool.
(D) The pool allows for coverage of individuals
who, but for the 24-month disability waiting period
under section 226(b) of the Social Security Act, would
be eligible for Medicare during the period of such
waiting period.
(E) The pool limits the pool premiums to no more
than 150 percent of the average premium for applicable
standard risk rates in that State.
(F) The pool conducts education and outreach
initiatives so that residents and brokers understand
that the pool is available to eligible residents.
(G) The pool provides coverage for preventive
services and disease management for chronic diseases.
(2) Verification of citizenship or alien qualification.--
(A) In general.--Notwithstanding any other
provision of law, only citizens and nationals of the
United States shall be eligible to participate in a
qualifying State high risk pool that receives funds
under section 2745 of the Public Health Service Act or
this section.
(B) Condition of participation.--As a condition of
a State receiving such funds, the Secretary shall
require the State to certify, to the satisfaction of
the Secretary, that such State requires all applicants
for coverage in the qualifying State high risk pool to
provide satisfactory documentation of citizenship or
nationality in a manner consistent with section 1903(x)
of the Social Security Act.
(C) Records.--The Secretary shall keep sufficient
records such that a determination of citizenship or
nationality only has to be made once for any individual
under this paragraph.
(3) Relation to section 2745.--As of January 1, 2017, a
pool shall not qualify as qualified high risk pool under
section 2745 of the Public Health Service Act unless the pool
is a qualifying State high risk pool described in paragraph
(1).
(4) Waivers.--In order to accommodate new and innovative
programs, the Secretary may waive such requirements of this
section for qualified State reinsurance programs and for
qualifying State high risk pools as the Secretary deems
appropriate.
(5) Funding.--In addition to any other amounts
appropriated, there is appropriated to carry out section 2745
of the Public Health Service Act (including through a program
or pool described in subsection (a)(1))--
(A) $15,000,000,000 for the period of fiscal years
2017 through 2026; and
(B) an additional $10,000,000,000 for the period of
fiscal years 2022 through 2026.
(d) Definitions.--In this section:
(1) Health insurance coverage; health insurance issuer.--
The terms ``health insurance coverage'' and ``health insurance
issuer'' have the meanings given such terms in section 2791 of
the Public Health Service Act.
(2) Current section 2745 qualified high risk pool.--The
term ``current section 2745 qualified high risk pool'' has the
meaning given the term ``qualified high risk pool'' under
section 2745(g) of the Public Health Service Act as in effect
as of the date of the enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Standard risk rate.--The term ``standard risk rate''
means a rate that--
(A) is determined under the State high risk pool by
considering the premium rates charged by other health
insurance issuers offering health insurance coverage to
individuals in the insurance market served;
(B) is established using reasonable actuarial
techniques; and
(C) reflects anticipated claims experience and
expenses for the coverage involved.
(5) State.--The term ``State'' means any of the 50 States
or the District of Columbia.
SEC. 604. ELIMINATION OF CERTAIN REQUIREMENTS FOR GUARANTEED
AVAILABILITY IN INDIVIDUAL MARKET.
Section 2741(b) of the Public Health Service Act (42 U.S.C. 300gg-
41(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1)(A)'' and inserting ``(1)'';
and
(B) by striking ``and (B)'' and all that follows up
to the semicolon at the end;
(2) by adding ``and'' at the end of paragraph (2);
(3) in paragraph (3)--
(A) by striking ``(1)(A)'' and inserting ``(1)'';
and
(B) by striking the semicolon at the end and
inserting a period; and
(4) by striking paragraphs (4) and (5).
SEC. 605. PREVENTING UNJUST CANCELLATION OF INSURANCE COVERAGE.
(a) Clarification Regarding Application of Guaranteed Renewability
of Individual Health Insurance Coverage.--Section 2742 of the Public
Health Service Act (42 U.S.C. 300gg-42) is amended--
(1) in its heading, by inserting ``, continuation in force,
including prohibition of rescission,'' after ``guaranteed
renewability'';
(2) in subsection (a), by inserting ``, including without
rescission,'' after ``continue in force''; and
(3) in subsection (b)(2), by inserting before the period at
the end the following: ``, including intentional concealment of
material facts regarding a health condition related to the
condition for which coverage is being claimed''.
(b) Opportunity for Independent, External Third Party Review in
Certain Cases.--Subpart 1 of part B of title XXVII of the Public Health
Service Act is amended by adding at the end the following new section:
``SEC. 2746. OPPORTUNITY FOR INDEPENDENT, EXTERNAL THIRD PARTY REVIEW
IN CERTAIN CASES.
``(a) Notice and Review Right.--If a health insurance issuer
determines to nonrenew or not continue in force, including by
rescission, health insurance coverage for an individual in the
individual market on the basis described in section 2742(b)(2) before
such nonrenewal, discontinuation, or rescission, may take effect the
issuer shall provide the individual with notice of such proposed
nonrenewal, discontinuation, or rescission and an opportunity for a
review of such determination by an independent, external third party
under procedures specified by the Secretary.
``(b) Independent Determination.--If the individual requests such
review by an independent, external third party of a nonrenewal,
discontinuation, or rescission of health insurance coverage, the
coverage shall remain in effect until such third party determines that
the coverage may be nonrenewed, discontinued, or rescinded under
section 2742(b)(2).''.
(c) Effective Date.--The amendments made by this section shall
apply after the date of the enactment of this section with respect to
health insurance coverage issued before, on, or after such date.
TITLE VII--LOWERING HEALTH CARE COSTS
Subtitle A--Cooperative Governing of Individual Health Insurance
Coverage
SEC. 701. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE
COVERAGE.
(a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by adding at the end the following new
part:
``PART D--COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE
``SEC. 2795. DEFINITIONS.
``In this part:
``(1) Primary state.--The term `primary State' means, with
respect to individual health insurance coverage offered by a
health insurance issuer, the State designated by the issuer as
the State whose covered laws shall govern the health insurance
issuer in the sale of such coverage under this part. An issuer,
with respect to a particular policy, may only designate one
such State as its primary State with respect to all such
coverage it offers. Such an issuer may not change the
designated primary State with respect to individual health
insurance coverage once the policy is issued, except that such
a change may be made upon renewal of the policy. With respect
to such designated State, the issuer is deemed to be doing
business in that State.
``(2) Secondary state.--The term `secondary State' means,
with respect to individual health insurance coverage offered by
a health insurance issuer, any State that is not the primary
State. In the case of a health insurance issuer that is selling
a policy in, or to a resident of, a secondary State, the issuer
is deemed to be doing business in that secondary State.
``(3) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2),
except that such an issuer must be licensed in the primary
State and be qualified to sell individual health insurance
coverage in that State.
``(4) Individual health insurance coverage.--The term
`individual health insurance coverage' means health insurance
coverage offered in the individual market, as defined in
section 2791(b)(5).
``(5) Applicable state authority.--The term `applicable
State authority' means, with respect to a health insurance
issuer in a State, the State insurance commissioner or official
or officials designated by the State to enforce the
requirements of this title for the State with respect to the
issuer.
``(6) Hazardous financial condition.--The term `hazardous
financial condition' means that, based on its present or
reasonably anticipated financial condition, a health insurance
issuer is unlikely to be able--
``(A) to meet obligations to policyholders with
respect to known claims and reasonably anticipated
claims; or
``(B) to pay other obligations in the normal course
of business.
``(7) Covered laws.--
``(A) In general.--The term `covered laws' means
the laws, rules, regulations, agreements, and orders
governing the insurance business pertaining to--
``(i) individual health insurance coverage
issued by a health insurance issuer;
``(ii) the offer, sale, rating (including
medical underwriting), renewal, and issuance of
individual health insurance coverage to an
individual;
``(iii) the provision to an individual in
relation to individual health insurance
coverage of health care and insurance related
services;
``(iv) the provision to an individual in
relation to individual health insurance
coverage of management, operations, and
investment activities of a health insurance
issuer; and
``(v) the provision to an individual in
relation to individual health insurance
coverage of loss control and claims
administration for a health insurance issuer
with respect to liability for which the issuer
provides insurance.
``(B) Exception.--Such term does not include any
law, rule, regulation, agreement, or order governing
the use of care or cost management techniques,
including any requirement related to provider
contracting, network access or adequacy, health care
data collection, or quality assurance.
``(8) State.--The term `State' means the 50 States and
includes the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(9) Unfair claims settlement practices.--The term `unfair
claims settlement practices' means only the following
practices:
``(A) Knowingly misrepresenting to claimants and
insured individuals relevant facts or policy provisions
relating to coverage at issue.
``(B) Failing to acknowledge with reasonable
promptness pertinent communications with respect to
claims arising under policies.
``(C) Failing to adopt and implement reasonable
standards for the prompt investigation and settlement
of claims arising under policies.
``(D) Failing to effectuate prompt, fair, and
equitable settlement of claims submitted in which
liability has become reasonably clear.
``(E) Refusing to pay claims without conducting a
reasonable investigation.
``(F) Failing to affirm or deny coverage of claims
within a reasonable period of time after having
completed an investigation related to those claims.
``(G) A pattern or practice of compelling insured
individuals or their beneficiaries to institute suits
to recover amounts due under its policies by offering
substantially less than the amounts ultimately
recovered in suits brought by them.
``(H) A pattern or practice of attempting to settle
or settling claims for less than the amount that a
reasonable person would believe the insured individual
or his or her beneficiary was entitled by reference to
written or printed advertising material accompanying or
made part of an application.
``(I) Attempting to settle or settling claims on
the basis of an application that was materially altered
without notice to, or knowledge or consent of, the
insured.
``(J) Failing to provide forms necessary to present
claims within 15 calendar days of a request with
reasonable explanations regarding their use.
``(K) Attempting to cancel a policy in less time
than that prescribed in the policy or by the law of the
primary State.
``(10) Fraud and abuse.--The term `fraud and abuse' means
an act or omission committed by a person who, knowingly and
with intent to defraud, commits, or conceals any material
information concerning, one or more of the following:
``(A) Presenting, causing to be presented or
preparing with knowledge or belief that it will be
presented to or by an insurer, a reinsurer, broker or
its agent, false information as part of, in support of
or concerning a fact material to one or more of the
following:
``(i) An application for the issuance or
renewal of an insurance policy or reinsurance
contract.
``(ii) The rating of an insurance policy or
reinsurance contract.
``(iii) A claim for payment or benefit
pursuant to an insurance policy or reinsurance
contract.
``(iv) Premiums paid on an insurance policy
or reinsurance contract.
``(v) Payments made in accordance with the
terms of an insurance policy or reinsurance
contract.
``(vi) A document filed with the
commissioner or the chief insurance regulatory
official of another jurisdiction.
``(vii) The financial condition of an
insurer or reinsurer.
``(viii) The formation, acquisition,
merger, reconsolidation, dissolution or
withdrawal from one or more lines of insurance
or reinsurance in all or part of a State by an
insurer or reinsurer.
``(ix) The issuance of written evidence of
insurance.
``(x) The reinstatement of an insurance
policy.
``(B) Solicitation or acceptance of new or renewal
insurance risks on behalf of an insurer reinsurer or
other person engaged in the business of insurance by a
person who knows or should know that the insurer or
other person responsible for the risk is insolvent at
the time of the transaction.
``(C) Transaction of the business of insurance in
violation of laws requiring a license, certificate of
authority or other legal authority for the transaction
of the business of insurance.
``(D) Attempt to commit, aiding or abetting in the
commission of, or conspiracy to commit the acts or
omissions specified in this paragraph.
``SEC. 2796. APPLICATION OF LAW.
``(a) In General.--The covered laws of the primary State shall
apply to individual health insurance coverage offered by a health
insurance issuer in the primary State and in any secondary State, but
only if the coverage and issuer comply with the conditions of this
section with respect to the offering of coverage in any secondary
State.
``(b) Exemptions From Covered Laws in a Secondary State.--Except as
provided in this section, a health insurance issuer with respect to its
offer, sale, rating (including medical underwriting), renewal, and
issuance of individual health insurance coverage in any secondary State
is exempt from any covered laws of the secondary State (and any rules,
regulations, agreements, or orders sought or issued by such State under
or related to such covered laws) to the extent that such laws would--
``(1) make unlawful, or regulate, directly or indirectly,
the operation of the health insurance issuer operating in the
secondary State, except that any secondary State may require
such an issuer--
``(A) to pay, on a nondiscriminatory basis,
applicable premium and other taxes (including high risk
pool assessments) which are levied on insurers and
surplus lines insurers, brokers, or policyholders under
the laws of the State;
``(B) to register with and designate the State
insurance commissioner as its agent solely for the
purpose of receiving service of legal documents or
process;
``(C) to submit to an examination of its financial
condition by the State insurance commissioner in any
State in which the issuer is doing business to
determine the issuer's financial condition, if--
``(i) the State insurance commissioner of
the primary State has not done an examination
within the period recommended by the National
Association of Insurance Commissioners; and
``(ii) any such examination is conducted in
accordance with the examiners' handbook of the
National Association of Insurance Commissioners
and is coordinated to avoid unjustified
duplication and unjustified repetition;
``(D) to comply with a lawful order issued--
``(i) in a delinquency proceeding commenced
by the State insurance commissioner if there
has been a finding of financial impairment
under subparagraph (C); or
``(ii) in a voluntary dissolution
proceeding;
``(E) to comply with an injunction issued by a
court of competent jurisdiction, upon a petition by the
State insurance commissioner alleging that the issuer
is in hazardous financial condition;
``(F) to participate, on a nondiscriminatory basis,
in any insurance insolvency guaranty association or
similar association to which a health insurance issuer
in the State is required to belong;
``(G) to comply with any State law regarding fraud
and abuse (as defined in section 2795(10)), except that
if the State seeks an injunction regarding the conduct
described in this subparagraph, such injunction must be
obtained from a court of competent jurisdiction;
``(H) to comply with any State law regarding unfair
claims settlement practices (as defined in section
2795(9)); or
``(I) to comply with the applicable requirements
for independent review under section 2798 with respect
to coverage offered in the State;
``(2) require any individual health insurance coverage
issued by the issuer to be countersigned by an insurance agent
or broker residing in that secondary State; or
``(3) otherwise discriminate against the issuer issuing
insurance in both the primary State and in any secondary State.
``(c) Clear and Conspicuous Disclosure.--A health insurance issuer
shall provide the following notice, in 12-point bold type, in any
insurance coverage offered in a secondary State under this part by such
a health insurance issuer and at renewal of the policy, with the 5
blank spaces therein being appropriately filled with the name of the
health insurance issuer, the name of the primary State, the name of the
secondary State, the name of the secondary State, and the name of the
secondary State, respectively, for the coverage concerned:
``Notice
```This policy is issued by _____ and is governed by the
laws and regulations of the State of _____, and it has met all
the laws of that State as determined by that State's Department
of Insurance. This policy may be less expensive than others
because it is not subject to all of the insurance laws and
regulations of the State of _____, including coverage of some
services or benefits mandated by the law of the State of _____.
Additionally, this policy is not subject to all of the consumer
protection laws or restrictions on rate changes of the State of
_____. As with all insurance products, before purchasing this
policy, you should carefully review the policy and determine
what health care services the policy covers and what benefits
it provides, including any exclusions, limitations, or
conditions for such services or benefits.'.
``(d) Prohibition on Certain Reclassifications and Premium
Increases.--
``(1) In general.--For purposes of this section, a health
insurance issuer that provides individual health insurance
coverage to an individual under this part in a primary or
secondary State may not upon renewal--
``(A) move or reclassify the individual insured
under the health insurance coverage from the class such
individual is in at the time of issue of the contract
based on the health-status related factors of the
individual; or
``(B) increase the premiums assessed the individual
for such coverage based on a health status-related
factor or change of a health status-related factor or
the past or prospective claim experience of the insured
individual.
``(2) Construction.--Nothing in paragraph (1) shall be
construed to prohibit a health insurance issuer--
``(A) from terminating or discontinuing coverage or
a class of coverage in accordance with subsections (b)
and (c) of section 2742;
``(B) from raising premium rates for all
policyholders within a class based on claims
experience;
``(C) from changing premiums or offering discounted
premiums to individuals who engage in wellness
activities at intervals prescribed by the issuer, if
such premium changes or incentives--
``(i) are disclosed to the consumer in the
insurance contract;
``(ii) are based on specific wellness
activities that are not applicable to all
individuals; and
``(iii) are not obtainable by all
individuals to whom coverage is offered;
``(D) from reinstating lapsed coverage; or
``(E) from retroactively adjusting the rates
charged an insured individual if the initial rates were
set based on material misrepresentation by the
individual at the time of issue.
``(e) Prior Offering of Policy in Primary State.--A health
insurance issuer may not offer for sale individual health insurance
coverage in a secondary State unless that coverage is currently offered
for sale in the primary State.
``(f) Licensing of Agents or Brokers for Health Insurance
Issuers.--Any State may require that a person acting, or offering to
act, as an agent or broker for a health insurance issuer with respect
to the offering of individual health insurance coverage obtain a
license from that State, with commissions or other compensation subject
to the provisions of the laws of that State, except that a State may
not impose any qualification or requirement which discriminates against
a nonresident agent or broker.
``(g) Documents for Submission to State Insurance Commissioner.--
Each health insurance issuer issuing individual health insurance
coverage in both primary and secondary States shall submit--
``(1) to the insurance commissioner of each State in which
it intends to offer such coverage, before it may offer
individual health insurance coverage in such State--
``(A) a copy of the plan of operation or
feasibility study or any similar statement of the
policy being offered and its coverage (which shall
include the name of its primary State and its principal
place of business);
``(B) written notice of any change in its
designation of its primary State; and
``(C) written notice from the issuer of the
issuer's compliance with all the laws of the primary
State; and
``(2) to the insurance commissioner of each secondary State
in which it offers individual health insurance coverage, a copy
of the issuer's quarterly financial statement submitted to the
primary State, which statement shall be certified by an
independent public accountant and contain a statement of
opinion on loss and loss adjustment expense reserves made by--
``(A) a member of the American Academy of
Actuaries; or
``(B) a qualified loss reserve specialist.
``(h) Power of Courts To Enjoin Conduct.--Nothing in this section
shall be construed to affect the authority of any Federal or State
court to enjoin--
``(1) the solicitation or sale of individual health
insurance coverage by a health insurance issuer to any person
or group who is not eligible for such insurance; or
``(2) the solicitation or sale of individual health
insurance coverage that violates the requirements of the law of
a secondary State which are described in subparagraphs (A)
through (H) of section 2796(b)(1).
``(i) Power of Secondary States To Take Administrative Action.--
Nothing in this section shall be construed to affect the authority of
any State to enjoin conduct in violation of that State's laws described
in section 2796(b)(1).
``(j) State Powers To Enforce State Laws.--
``(1) In general.--Subject to the provisions of subsection
(b)(1)(G) (relating to injunctions) and paragraph (2), nothing
in this section shall be construed to affect the authority of
any State to make use of any of its powers to enforce the laws
of such State with respect to which a health insurance issuer
is not exempt under subsection (b).
``(2) Courts of competent jurisdiction.--If a State seeks
an injunction regarding the conduct described in paragraphs (1)
and (2) of subsection (h), such injunction must be obtained
from a Federal or State court of competent jurisdiction.
``(k) States' Authority To Sue.--Nothing in this section shall
affect the authority of any State to bring action in any Federal or
State court.
``(l) Generally Applicable Laws.--Nothing in this section shall be
construed to affect the applicability of State laws generally
applicable to persons or corporations.
``(m) Guaranteed Availability of Coverage to HIPAA Eligible
Individuals.--To the extent that a health insurance issuer is offering
coverage in a primary State that does not accommodate residents of
secondary States or does not provide a working mechanism for residents
of a secondary State, and the issuer is offering coverage under this
part in such secondary State which has not adopted a qualified high
risk pool as its acceptable alternative mechanism (as defined in
section 2744(c)(2)), the issuer shall, with respect to any individual
health insurance coverage offered in a secondary State under this part,
comply with the guaranteed availability requirements for eligible
individuals in section 2741.
``SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY
SELL INTO SECONDARY STATES.
``A health insurance issuer may not offer, sell, or issue
individual health insurance coverage in a secondary State if the State
insurance commissioner does not use a risk-based capital formula for
the determination of capital and surplus requirements for all health
insurance issuers.
``SEC. 2798. INDEPENDENT EXTERNAL APPEALS PROCEDURES.
``(a) Right to External Appeal.--A health insurance issuer may not
offer, sell, or issue individual health insurance coverage in a
secondary State under the provisions of this title unless--
``(1) both the secondary State and the primary State have
legislation or regulations in place establishing an independent
review process for individuals who are covered by individual
health insurance coverage, or
``(2) in any case in which the requirements of subparagraph
(A) are not met with respect to the either of such States, the
issuer provides an independent review mechanism substantially
identical (as determined by the applicable State authority of
such State) to that prescribed in the `Health Carrier External
Review Model Act' of the National Association of Insurance
Commissioners for all individuals who purchase insurance
coverage under the terms of this part, except that, under such
mechanism, the review is conducted by an independent medical
reviewer, or a panel of such reviewers, with respect to whom
the requirements of subsection (b) are met.
``(b) Qualifications of Independent Medical Reviewers.--In the case
of any independent review mechanism referred to in subsection (a)(2),
the following shall apply:
``(1) In general.--In referring a denial of a claim to an
independent medical reviewer, or to any panel of such
reviewers, to conduct independent medical review, the issuer
shall ensure that--
``(A) each independent medical reviewer meets the
qualifications described in paragraphs (2) and (3);
``(B) with respect to each review, each reviewer
meets the requirements of paragraph (4) and the
reviewer, or at least 1 reviewer on the panel, meets
the requirements described in paragraph (5); and
``(C) compensation provided by the issuer to each
reviewer is consistent with paragraph (6).
``(2) Licensure and expertise.--Each independent medical
reviewer shall be a physician (allopathic or osteopathic) or
health care professional who--
``(A) is appropriately credentialed or licensed in
one or more States to deliver health care services; and
``(B) typically treats the condition, makes the
diagnosis, or provides the type of treatment under
review.
``(3) Independence.--
``(A) In general.--Subject to subparagraph (B),
each independent medical reviewer in a case shall--
``(i) not be a related party (as defined in
paragraph (7));
``(ii) not have a material familial,
financial, or professional relationship with
such a party; and
``(iii) not otherwise have a conflict of
interest with such a party (as determined under
regulations).
``(B) Exception.--Nothing in subparagraph (A) shall
be construed to--
``(i) prohibit an individual, solely on the
basis of affiliation with the issuer, from
serving as an independent medical reviewer if--
``(I) a non-affiliated individual
is not reasonably available;
``(II) the affiliated individual is
not involved in the provision of items
or services in the case under review;
``(III) the fact of such an
affiliation is disclosed to the issuer
and the enrollee (or authorized
representative) and neither party
objects; and
``(IV) the affiliated individual is
not an employee of the issuer and does
not provide services exclusively or
primarily to or on behalf of the
issuer;
``(ii) prohibit an individual who has staff
privileges at the institution where the
treatment involved takes place from serving as
an independent medical reviewer merely on the
basis of such affiliation if the affiliation is
disclosed to the issuer and the enrollee (or
authorized representative), and neither party
objects; or
``(iii) prohibit receipt of compensation by
an independent medical reviewer from an entity
if the compensation is provided consistent with
paragraph (6).
``(4) Practicing health care professional in same field.--
``(A) In general.--In a case involving treatment,
or the provision of items or services--
``(i) by a physician, a reviewer shall be a
practicing physician (allopathic or
osteopathic) of the same or similar specialty,
as a physician who, acting within the
appropriate scope of practice within the State
in which the service is provided or rendered,
typically treats the condition, makes the
diagnosis, or provides the type of treatment
under review; or
``(ii) by a non-physician health care
professional, the reviewer, or at least 1
member of the review panel, shall be a
practicing non-physician health care
professional of the same or similar specialty
as the non-physician health care professional
who, acting within the appropriate scope of
practice within the State in which the service
is provided or rendered, typically treats the
condition, makes the diagnosis, or provides the
type of treatment under review.
``(B) Practicing defined.--For purposes of this
paragraph, the term `practicing' means, with respect to
an individual who is a physician or other health care
professional, that the individual provides health care
services to individual patients on average at least 2
days per week.
``(5) Pediatric expertise.--In the case of an external
review relating to a child, a reviewer shall have expertise
under paragraph (2) in pediatrics.
``(6) Limitations on reviewer compensation.--Compensation
provided by the issuer to an independent medical reviewer in
connection with a review under this section shall--
``(A) not exceed a reasonable level; and
``(B) not be contingent on the decision rendered by
the reviewer.
``(7) Related party defined.--For purposes of this section,
the term `related party' means, with respect to a denial of a
claim under a coverage relating to an enrollee, any of the
following:
``(A) The issuer involved, or any fiduciary,
officer, director, or employee of the issuer.
``(B) The enrollee (or authorized representative).
``(C) The health care professional that provides
the items or services involved in the denial.
``(D) The institution at which the items or
services (or treatment) involved in the denial are
provided.
``(E) The manufacturer of any drug or other item
that is included in the items or services involved in
the denial.
``(F) Any other party determined under any
regulations to have a substantial interest in the
denial involved.
``(8) Definitions.--For purposes of this subsection:
``(A) Enrollee.--The term `enrollee' means, with
respect to health insurance coverage offered by a
health insurance issuer, an individual enrolled with
the issuer to receive such coverage.
``(B) Health care professional.--The term `health
care professional' means an individual who is licensed,
accredited, or certified under State law to provide
specified health care services and who is operating
within the scope of such licensure, accreditation, or
certification.
``SEC. 2799. ENFORCEMENT.
``(a) In General.--Subject to subsection (b), with respect to
specific individual health insurance coverage the primary State for
such coverage has sole jurisdiction to enforce the primary State's
covered laws in the primary State and any secondary State.
``(b) Secondary State's Authority.--Nothing in subsection (a) shall
be construed to affect the authority of a secondary State to enforce
its laws as set forth in the exception specified in section 2796(b)(1).
``(c) Court Interpretation.--In reviewing action initiated by the
applicable secondary State authority, the court of competent
jurisdiction shall apply the covered laws of the primary State.
``(d) Notice of Compliance Failure.--In the case of individual
health insurance coverage offered in a secondary State that fails to
comply with the covered laws of the primary State, the applicable State
authority of the secondary State may notify the applicable State
authority of the primary State.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individual health insurance coverage offered, issued, or sold
after the date that is one year after the date of the enactment of this
Act.
(c) GAO Ongoing Study and Reports.--
(1) Study.--The Comptroller General of the United States
shall conduct an ongoing study concerning the effect of the
amendment made by subsection (a) on--
(A) the number of uninsured and underinsured;
(B) the availability and cost of health insurance
policies for individuals with preexisting medical
conditions;
(C) the availability and cost of health insurance
policies generally;
(D) the elimination or reduction of different types
of benefits under health insurance policies offered in
different States; and
(E) cases of fraud or abuse relating to health
insurance coverage offered under such amendment and the
resolution of such cases.
(2) Annual reports.--The Comptroller General shall submit
to Congress an annual report, after the end of each of the 5
years following the effective date of the amendment made by
subsection (a), on the ongoing study conducted under paragraph
(1).
SEC. 702. SEVERABILITY.
If any provision of this subtitle or the application of such
provision to any person or circumstance is held to be unconstitutional,
the remainder of this subtitle and the application of the provisions of
such to any other person or circumstance shall not be affected.
Subtitle B--Medical Malpractice Reform
SEC. 711. PURPOSE.
It is the purpose of this subtitle to implement reasonable,
comprehensive, and effective health care liability reforms designed
to--
(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;
(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;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(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; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.
SEC. 712. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.
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. In no event shall
the time for commencement of a health care lawsuit exceed 3 years after
the date of manifestation of injury unless tolled for any of the
following--
(1) upon proof of fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
Actions by a minor shall be commenced within 3 years from the date of
the alleged manifestation of injury except that actions by a minor
under the full age of 6 years shall be commenced within 3 years of
manifestation of injury or prior to the minor's 8th birthday, 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 organization have committed fraud or
collusion in the failure to bring an action on behalf of the injured
minor.
SEC. 713. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses in
Health Care Lawsuits.--In any health care lawsuit, nothing in this
subtitle shall limit a claimant's recovery of the full amount of the
available economic damages, notwithstanding the limitation in
subsection (b).
(b) Additional Noneconomic Damages.--In any health care lawsuit,
the amount of noneconomic damages, if available, 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 injury.
(c) No Discount of Award for Noneconomic Damages.--For purposes of
applying the limitation in subsection (b), future noneconomic damages
shall not be discounted to present value. The jury shall not be
informed about the maximum award for noneconomic damages. An award for
noneconomic damages in excess of $250,000 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. If separate awards
are rendered for past and future noneconomic damages and the combined
awards exceed $250,000, the future noneconomic damages shall be reduced
first.
(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. Whenever a judgment of
liability is rendered as to any party, 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.
SEC. 714. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--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. In particular, 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. In no
event shall the total of all contingent fees for representing all
claimants in a health care lawsuit exceed the following limits:
(1) Forty percent of the first $50,000 recovered by the
claimant(s).
(2) Thirty-three and one-third percent of the next $50,000
recovered by the claimant(s).
(3) Twenty-five percent of the next $500,000 recovered by
the claimant(s).
(4) Fifteen percent of any amount by which the recovery by
the claimant(s) is in excess of $600,000.
(b) Applicability.--The limitations in this section shall apply
whether the recovery is by judgment, settlement, mediation,
arbitration, or any other form of alternative dispute resolution. 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. The requirement for court
supervision in the first two sentences of subsection (a) applies only
in civil actions.
SEC. 715. PUNITIVE DAMAGES.
(a) In General.--Punitive damages may, if otherwise permitted by
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. In any health care lawsuit where no judgment for compensatory
damages is rendered against such person, no punitive damages may be
awarded with respect to the claim in such 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. At the request of any
party in a health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(1) whether punitive damages are to be awarded and the
amount of such award; and
(2) the amount of punitive damages following a
determination of punitive liability.
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.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages, if awarded, in a health care lawsuit, the
trier of fact shall consider only the following:
(A) The severity of the harm caused by the conduct
of such party.
(B) The duration of the conduct or any concealment
of it by such party.
(C) The profitability of the conduct to such party.
(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.
(E) Any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant.
(F) The amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The amount of punitive damages, if
awarded, in a health care lawsuit may be as much as $250,000 or
as much as two times the amount of economic damages awarded,
whichever is greater. The jury may not be informed of this
limitation.
(c) No Punitive Damages for Products That Comply With FDA
Standards.--
(1) In general.--
(A) No punitive damages may be awarded against the
manufacturer or distributor of a medical product, or a
supplier of any component or raw material of such
medical product, based on a claim that such product
caused the claimant's harm where--
(i)(I) such medical product was subject to
premarket approval, clearance, or licensure by
the Food and Drug Administration with respect
to the safety of the formulation or performance
of the aspect of such medical product which
caused the claimant's harm or the adequacy of
the packaging or labeling of such medical
product; and
(II) such medical product was so approved,
cleared, or licensed; or
(ii) such medical product is generally
recognized among qualified experts as safe and
effective pursuant to conditions established by
the Food and Drug Administration and applicable
Food and Drug Administration regulations,
including without limitation those related to
packaging and labeling, unless the Food and
Drug Administration has determined that such
medical product was not manufactured or
distributed in substantial compliance with
applicable Food and Drug Administration
statutes and regulations.
(B) Rule of construction.--Subparagraph (A) may not
be construed as establishing the obligation of the Food
and Drug Administration to demonstrate affirmatively
that a manufacturer, distributor, or supplier referred
to in such subparagraph meets any of the conditions
described in such subparagraph.
(2) Liability of health care providers.--A health care
provider who prescribes, or who dispenses pursuant to a
prescription, a medical product approved, licensed, or cleared
by the Food and Drug Administration shall not be named as a
party to a product liability lawsuit involving such product and
shall not be liable to a claimant in a class action lawsuit
against the manufacturer, distributor, or seller of such
product. Nothing in this paragraph prevents a court from
consolidating cases involving health care providers and cases
involving products liability claims against the manufacturer,
distributor, or product seller of such medical product.
(3) Packaging.--In a health care lawsuit for harm which is
alleged to relate to the adequacy of the packaging or labeling
of a drug which is required to have tamper-resistant packaging
under regulations of the Secretary of Health and Human Services
(including labeling regulations related to such packaging), the
manufacturer or product seller of the drug shall not be held
liable for punitive damages unless such packaging or labeling
is found by the trier of fact by clear and convincing evidence
to be substantially out of compliance with such regulations.
(4) Exception.--Paragraph (1) shall not apply in any health
care lawsuit in which--
(A) a person, before or after premarket approval,
clearance, or licensure of such medical product,
knowingly misrepresented to or withheld from the Food
and Drug Administration information that is required to
be submitted under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) or section 351 of the
Public Health Service Act (42 U.S.C. 262) that is
material and is causally related to the harm which the
claimant allegedly suffered;
(B) a person made an illegal payment to an official
of the Food and Drug Administration for the purpose of
either securing or maintaining approval, clearance, or
licensure of such medical product; or
(C) the defendant caused the medical product which
caused the claimant's harm to be misbranded or
adulterated (as such terms are used in chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et
seq.)).
SEC. 716. 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.
(b) Applicability.--This section applies to all actions which have
not been first set for trial or retrial before the effective date of
this subtitle.
SEC. 717. DEFINITIONS.
In this subtitle:
(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.
(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.
(3) 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. The
term ``compensatory damages'' includes economic damages and
noneconomic damages, as such terms are defined in this section.
(4) 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.
(5) 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.
(6) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the provision
of health care goods or services or any medical product
affecting interstate commerce, or any health care liability
action concerning the provision of health care goods or
services or any medical product affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider, a health care organization, or the manufacturer,
distributor, supplier, marketer, promoter, or seller of a
medical product, 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. Such term does not include a claim or action
which is based on criminal liability; which seeks civil fines
or penalties paid to Federal, State, or local government; or
which is grounded in antitrust.
(7) 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, a health care
organization, or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product, 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.
(8) 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, health care
organization, or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product, including,
but not limited to, 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 or medical
products, 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.
(9) Health care organization.--The term ``health care
organization'' means any person or entity which is obligated to
provide or pay for health benefits under any health plan,
including any person or entity acting under a contract or
arrangement with a health care organization to provide or
administer any health benefit.
(10) Health care provider.--The term ``health care
provider'' means any person or entity required by State or
Federal laws or regulations 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.
(11) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care organization, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, or treatment of any human
disease or impairment, or the assessment or care of the health
of human beings.
(12) 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.
(13) Medical product.--The term ``medical product'' means a
drug, device, or biological product intended for humans, and
the terms ``drug'', ``device'', and ``biological product'' 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(g)(1) and (h)) and section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)), respectively, including any
component or raw material used therein, but excluding health
care services.
(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.
(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, health care organization, or a manufacturer,
distributor, or supplier of a medical product. Punitive damages
are neither economic nor noneconomic damages.
(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.
(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.
SEC. 718. EFFECT ON OTHER LAWS.
(a) Vaccine Injury.--
(1) 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--
(A) this subtitle does not affect the application
of the rule of law to such an action; and
(B) any rule of law prescribed by this subtitle in
conflict with a rule of law of such title XXI shall not
apply to such action.
(2) 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 subtitle or otherwise applicable law (as
determined under this subtitle) will apply to such aspect of
such action.
(b) Other Federal Law.--Except as provided in this section, nothing
in this subtitle shall be deemed to affect any defense available to a
defendant in a health care lawsuit or action under any other provision
of Federal law.
SEC. 719. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Health Care Lawsuits.--The provisions governing health care
lawsuits set forth in this subtitle 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
subtitle. The provisions governing health care lawsuits set forth in
this subtitle supersede chapter 171 of title 28, United States Code, to
the extent that such chapter--
(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 subtitle; or
(2) prohibits the introduction of evidence regarding
collateral source benefits, or mandates or permits subrogation
or a lien on collateral source benefits.
(b) Protection of States' Rights and Other Laws.--(1) Any issue
that is not governed by any provision of law established by or under
this subtitle (including State standards of negligence) shall be
governed by otherwise applicable State or Federal law.
(2) This subtitle shall not preempt or supersede any State or
Federal law that imposes greater procedural or substantive protections
for health care providers and health care organizations from liability,
loss, or damages than those provided by this subtitle or create a cause
of action.
(c) State Flexibility.--No provision of this subtitle shall be
construed to preempt--
(1) any State law (whether effective before, on, or after
the date of the enactment of this subtitle) 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 subtitle,
notwithstanding section 4(a); or
(2) any defense available to a party in a health care
lawsuit under any other provision of State or Federal law.
SEC. 720. APPLICABILITY; EFFECTIVE DATE.
This subtitle 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
subtitle, except that any health care lawsuit arising from an injury
occurring prior to the date of the enactment of this subtitle shall be
governed by the applicable statute of limitations provisions in effect
at the time the injury occurred.
SEC. 721. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED
PURSUANT TO EMTALA.
Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g))
is amended--
(1) in paragraph (4), by striking ``An entity'' and
inserting ``Subject to paragraph (6), an entity''; and
(2) by adding at the end the following:
``(6)(A) For purposes of this section--
``(i) an entity described in subparagraph (B) shall
be considered to be an entity described in paragraph
(4); and
``(ii) the provisions of this section shall apply
to an entity described in subparagraph (B) in the same
manner as such provisions apply to an entity described
in paragraph (4), except that--
``(I) notwithstanding paragraph (1)(B), the
deeming of any entity described in subparagraph
(B), or of an officer, governing board member,
employee, contractor, or on-call provider of
such an entity, to be an employee of the Public
Health Service for purposes of this section
shall apply only with respect to items and
services that are furnished to an individual
pursuant to section 1867 of the Social Security
Act and to post stabilization services (as
defined in subparagraph (D)) furnished to such
an individual;
``(II) nothing in paragraph (1)(D) shall be
construed as preventing a physician or
physician group described in subparagraph
(B)(ii) from making the application referred to
in such paragraph or as conditioning the
deeming of a physician or physician group that
makes such an application upon receipt by the
Secretary of an application from the hospital
or emergency department that employs or
contracts with the physician or group, or
enlists the physician or physician group as an
on-call provider;
``(III) notwithstanding paragraph (3), this
paragraph shall apply only with respect to
causes of action arising from acts or omissions
that occur on or after January 1, 2017;
``(IV) paragraph (5) shall not apply to a
physician or physician group described in
subparagraph (B)(ii);
``(V) the Attorney General, in consultation
with the Secretary, shall make separate
estimates under subsection (k)(1) with respect
to entities described in subparagraph (B) and
entities described in paragraph (4) (other than
those described in subparagraph (B)), and the
Secretary shall establish separate funds under
subsection (k)(2) with respect to such groups
of entities, and any appropriations under this
subsection for entities described in
subparagraph (B) shall be separate from the
amounts authorized by subsection (k)(2);
``(VI) notwithstanding subsection (k)(2),
the amount of the fund established by the
Secretary under such subsection with respect to
entities described in subparagraph (B) may
exceed a total of $10,000,000 for a fiscal
year; and
``(VII) subsection (m) shall not apply to
entities described in subparagraph (B).
``(B) An entity described in this subparagraph is--
``(i) a hospital or an emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) a physician or physician group that is
employed by, is under contract with, or is an on-call
provider of such hospital or emergency department, to
furnish items and services to individuals under such
section.
``(C) For purposes of this paragraph, the term `on-call
provider' means a physician or physician group that--
``(i) has full, temporary, or locum tenens staff
privileges at a hospital or emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) is not employed by or under contract with
such hospital or emergency department, but agrees to be
ready and available to provide services pursuant to
section 1867 of the Social Security Act or post-
stabilization services to individuals being treated in
the hospital or emergency department with or without
compensation from the hospital or emergency department.
``(D) For purposes of this paragraph, the term `post
stabilization services' means, with respect to an individual
who has been treated by an entity described in subparagraph (B)
for purposes of complying with section 1867 of the Social
Security Act, services that are--
``(i) related to the condition that was so treated;
and
``(ii) provided after the individual is stabilized
in order to maintain the stabilized condition or to
improve or resolve the condition of the individual.
``(E)(i) Nothing in this paragraph (or in any other
provision of this section as such provision applies to entities
described in subparagraph (B) by operation of subparagraph (A))
shall be construed as authorizing or requiring the Secretary to
make payments to such entities, the budget authority for which
is not provided in advance by appropriation Acts.
``(ii) The Secretary shall limit the total amount of
payments under this paragraph for a fiscal year to the total
amount appropriated in advance by appropriation Acts for such
purpose for such fiscal year. If the total amount of payments
that would otherwise be made under this paragraph for a fiscal
year exceeds such total amount appropriated, the Secretary
shall take such steps as may be necessary to ensure that the
total amount of payments under this paragraph for such fiscal
year does not exceed such total amount appropriated.''.
SEC. 722. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this subtitle rests is the
power of the Congress to provide for the general welfare, to regulate
commerce, and to make all laws which shall be necessary and proper for
carrying into execution Federal powers, as enumerated in section 8 of
article I of the Constitution of the United States.
SEC. 723. APPLICATION OF THE ANTITRUST LAWS TO THE BUSINESS OF HEALTH
INSURANCE.
(a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of
March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson
Act, is amended by adding at the end the following:
``(c) Nothing contained in this Act shall modify, impair, or
supersede the operation of any of the antitrust laws with respect to
the business of health insurance. For purposes of the preceding
sentence, the term `antitrust laws' has the meaning given it in
subsection (a) of the first section of the Clayton Act, except that
such term includes section 5 of the Federal Trade Commission Act to the
extent that such section 5 applies to unfair methods of competition.
For the purposes of this subsection, the term `business of health
insurance' shall--
``(1) mean `health insurance coverage' offered by a `health
insurance issuer' as those terms are defined in section 2791 of
the Public Health Service Act; and
``(2) not include--
``(A) life insurance and annuities;
``(B) property or casualty insurance, including but
not limited to, automobile, medical malpractice or
workers' compensation insurance; or
``(C) any insurance or benefits defined as
`excepted benefits' under section 9832(c) of the
Internal Revenue Code of 1986, whether offered
separately or in combination with products described in
subparagraph (A).''.
(b) Related Provision.--For purposes of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such section applies
to unfair methods of competition, section 3(c) of the McCarran-Ferguson
Act shall apply with respect to the business of health insurance
without regard to whether such business is carried on for profit,
notwithstanding the definition of ``Corporation'' contained in section
4 of the Federal Trade Commission Act.
(c) Limitation on Class Actions.--
(1) Limitation.--No class action may be heard in a Federal
or State court on a claim against a person engaged in the
business of health insurance for a violation of any of the
antitrust laws (as defined in section 3(c) of the Act of March
9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-
Ferguson Act).
(2) Exemption.--Paragraph (1) shall not apply with respect
to any action commenced--
(A) by the United States or any State; or
(B) by a named claimant for an injury only to
itself.
SEC. 724. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
(a) In General.--Title II of the Public Health Service Act is
amended by inserting after section 224 (42 U.S.C. 233(g)) the
following:
``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
if--
``(1) the professional is serving as a volunteer for
purposes of responding to a disaster; and
``(2) the act or omission occurs--
``(A) during the period of the disaster, as
determined under the laws listed in subsection (e)(1);
``(B) in the health care professional's capacity as
such a volunteer; and
``(C) in a good faith belief that the individual
being treated is in need of health care services.
``(b) Exceptions.--Subsection (a) does not apply if--
``(1) the harm was caused by an act or omission
constituting willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious flagrant indifference to
the rights or safety of the individual harmed by the health
care professional; or
``(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of intoxicating alcohol or an
intoxicating drug.
``(c) Standard of Proof.--In any civil action or proceeding against
a health care professional claiming that the limitation in subsection
(a) applies, the plaintiff shall have the burden of proving by clear
and convincing evidence the extent to which limitation does not apply.
``(d) Preemption.--
``(1) In general.--This section preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
``(2) Volunteer protection act.--Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997.
``(e) Definitions.--In this section:
``(1) The term `disaster' means--
``(A) a national emergency declared by the
President under the National Emergencies Act;
``(B) an emergency or major disaster declared by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; or
``(C) a public health emergency determined by the
Secretary under section 319 of this Act.
``(2) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(3) The term `health care professional' means an
individual who is licensed, certified, or authorized in one or
more States to practice a health care profession.
``(4) The term `State' includes each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(5)(A) The term `volunteer' means a health care
professional who, with respect to the health care services
rendered, does not receive--
``(i) compensation; or
``(ii) any other thing of value in lieu of
compensation, in excess of $500 per year.
``(B) For purposes of subparagraph (A), the term
`compensation'--
``(i) includes payment under any insurance policy
or health plan, or under any Federal or State health
benefits program; and
``(ii) excludes--
``(I) reasonable reimbursement or allowance
for expenses actually incurred;
``(II) receipt of paid leave; and
``(III) receipt of items to be used
exclusively for rendering the health services
in the health care professional's capacity as a
volunteer described in subsection (a)(1).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this
subtitle.
(2) Application.--This section applies to any claim for
harm caused by an act or omission of a health care professional
where the claim is filed on or after the effective date of this
subtitle, but only if the harm that is the subject of the claim
or the conduct that caused such harm occurred on or after such
effective date.
TITLE VIII--PROMOTING OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
SEC. 801. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including at least 50 percent of the
available unleased acreage within each outer Continental Shelf
planning area considered to have the largest undiscovered,
technically recoverable oil and gas resources (on a total btu
basis) based upon the most recent national geologic assessment
of the outer Continental Shelf, with an emphasis on offering
the most geologically prospective parts of the planning area.
``(B) The Secretary shall include in each proposed oil and
gas leasing program under this section any State subdivision of
an outer Continental Shelf planning area that the Governor of
the State that represents that subdivision requests be made
available for leasing. The Secretary may not remove such a
subdivision from the program until publication of the final
program, and shall include and consider all such subdivisions
in any environmental review conducted and statement prepared
for such program under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
``(C) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by
law.
``(6)(A) In the 5-year oil and gas leasing program, the
Secretary shall make available for leasing any outer
Continental Shelf planning areas that--
``(i) are estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document entitled
`Minerals Management Service Assessment of Undiscovered
Technically Recoverable Oil and Gas Resources of the Nation's
Outer Continental Shelf, 2006'.''.
SEC. 802. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that program.
Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the
outer Continental Shelf;
``(B) focused on meeting domestic demand for oil
and natural gas and reducing the dependence of the
United States on foreign energy; and
``(C) focused on the production increases achieved
by the leasing program at the end of the 15-year period
beginning on the effective date of the program.
``(2) Program goal.--For purposes of the 5-year oil and gas
leasing program, the production goal referred to in paragraph
(1) shall be an increase by 2032 of--
``(A) no less than 3,000,000 barrels in the amount
of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the
amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the program
applies, to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the progress of the program in
meeting the production goal. The Secretary shall identify in
the report projections for production and any problems with
leasing, permitting, or production that will prevent meeting
the goal.''.
SEC. 803. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING
PROGRAM.
(a) In General.--The Secretary of the Interior shall--
(1) by not later than July 15, 2015, publish and submit to
Congress a new proposed oil and gas leasing program under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) for the 5-year period beginning on such date and ending
July 15, 2021; and
(2) by not later than July 15, 2016, approve a final oil
and gas leasing program under such section for such period.
(b) Consideration of All Areas.--In preparing such program the
Secretary shall include consideration of areas of the Continental Shelf
off the coasts of all States (as such term is defined in section 2 of
that Act, as amended by this title), that are subject to leasing under
this title.
(c) Technical Correction.--Section 18(d)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by
striking ``or after eighteen months following the date of enactment of
this section, whichever first occurs,''.
SEC. 804. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to authorize the issuance
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) to any person designated for the imposition of sanctions
pursuant to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
SEC. 805. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR PLAN.
Section 18(d) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(d)) is amended--
(1) in paragraph (3), by striking ``After'' and inserting
``Except as provided in paragraph (4), after''; and
(2) by adding at the end the following:
``(4) The Secretary may add to the areas included in an approved
leasing program additional areas to be made available for leasing under
the program, if all review and documents required under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332) have
been completed with respect to leasing of each such additional area
within the 5-year period preceding such addition.''.
Subtitle B--Directing the President To Conduct New OCS Sales
SEC. 811. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON
THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the exclusion of Lease Sale 220 in
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017,
the Secretary of the Interior shall conduct offshore oil and gas Lease
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) as soon as practicable, but not later than one year after
the date of enactment of this Act.
(b) Requirement To Make Replacement Lease Blocks Available.--For
each lease block in a proposed lease sale under this section for which
the Secretary of Defense, in consultation with the Secretary of the
Interior, under the Memorandum of Agreement referred to in section
815(b), issues a statement proposing deferral from a lease offering due
to defense-related activities that are irreconcilable with mineral
exploration and development, the Secretary of the Interior, in
consultation with the Secretary of Defense, shall make available in the
same lease sale one other lease block in the Virginia lease sale
planning area that is acceptable for oil and gas exploration and
production in order to mitigate conflict.
(c) Balancing Military and Energy Production Goals.--In recognition
that the Outer Continental Shelf oil and gas leasing program and the
domestic energy resources produced therefrom are integral to national
security, the Secretary of the Interior and the Secretary of Defense
shall work jointly in implementing this section in order to ensure
achievement of the following common goals:
(1) Preserving the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the Outer Continental Shelf.
(2) Allowing effective exploration, development, and
production of our Nation's oil, gas, and renewable energy
resources.
(d) Definitions.--In this section:
(1) Lease sale 220.--The term ``Lease Sale 220'' means such
lease sale referred to in the Request for Comments on the Draft
Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas
Leasing Program for 2010-2015 and Notice of Intent To Prepare
an Environmental Impact Statement (EIS) for the Proposed 5-Year
Program published January 21, 2009 (74 Fed. Reg. 3631).
(2) Virginia lease sale planning area.--The term ``Virginia
lease sale planning area'' means the area of the outer
Continental Shelf (as that term is defined in the Outer
Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is
bounded by--
(A) a northern boundary consisting of a straight
line extending from the northernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 37 degrees 17 minutes 1 second North
latitude, 71 degrees 5 minutes 16 seconds West
longitude; and
(B) a southern boundary consisting of a straight
line extending from the southernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 36 degrees 31 minutes 58 seconds North
latitude, 71 degrees 30 minutes 1 second West
longitude.
SEC. 812. SOUTH CAROLINA LEASE SALE.
Notwithstanding exclusion of the South Atlantic Outer Continental
Shelf Planning Area from the Final Outer Continental Shelf Oil & Gas
Leasing Program 2012-2017, the Secretary of the Interior shall conduct
a lease sale not later than 2 years after the date of the enactment of
this Act for areas off the coast of South Carolina determined by the
Secretary to have the most geologically promising hydrocarbon resources
and constituting not less than 25 percent of the leasable area within
the South Carolina offshore administrative boundaries depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative
Boundaries Extending from the Submerged Lands Act Boundary seaward to
the Limit of the United States Outer Continental Shelf'', published
January 3, 2006 (71 Fed. Reg. 127).
SEC. 813. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--The Secretary of the Interior shall offer for sale
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of
the Southern California OCS Planning Area as soon as practicable, but
not later than December 31, 2015.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary of the Interior shall include in leases offered for sale
under this lease sale such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based, extended-reach drilling.
SEC. 814. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For the purposes of this title, the Secretary of
the Interior shall prepare a multisale environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) for all lease sales required under this subtitle.
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such
statement--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than one alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for such preferred action and such
alternative leasing proposal.
SEC. 815. NATIONAL DEFENSE.
(a) National Defense Areas.--This title does not affect the
existing authority of the Secretary of Defense, with the approval of
the President, to designate national defense areas on the Outer
Continental Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this title that would conflict with any military operation, as
determined in accordance with the Memorandum of Agreement between the
Department of Defense and the Department of the Interior on Mutual
Concerns on the Outer Continental Shelf signed July 20, 1983, and any
revision or replacement for that agreement that is agreed to by the
Secretary of Defense and the Secretary of the Interior after that date
but before the date of issuance of the lease under which such
exploration, development, or production is conducted.
SEC. 816. EASTERN GULF OF MEXICO NOT INCLUDED.
Nothing in this title affects restrictions on oil and gas leasing
under the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109-432; 43 U.S.C. 1331 note).
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
SEC. 821. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL
STATES.
(a) In General.--Section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2015'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) Definitions.--In this section:
``(1) Coastal state.--The term `coastal State' includes a
territory of the United States.
``(2) New leasing revenues.--The term `new leasing
revenues'--
``(A) means amounts received by the United States
as bonuses, rents, and royalties under leases for oil
and gas, wind, tidal, or other energy exploration,
development, and production on new areas of the outer
Continental Shelf that are authorized to be made
available for leasing as a result of enactment of the
Lowering Gasoline Prices to Fuel an America That Works
Act of 2015 and leasing under that Act; and
``(B) does not include amounts received by the
United States under any lease of an area located in the
boundaries of the Central Gulf of Mexico and Western
Gulf of Mexico Outer Continental Shelf Planning Areas
on the date of enactment of the Lowering Gasoline
Prices to Fuel an America That Works Act of 2015,
including a lease issued before, on, or after such date
of enactment.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States.--
``(1) In general.--Except as provided in paragraph (2), of
the amount of new leasing revenues received by the United
States each fiscal year, 37.5 percent shall be allocated and
paid in accordance with subsection (b) to coastal States that
are affected States with respect to the leases under which
those revenues are received by the United States.
``(2) Phase-in.--
``(A) In general.--Except as provided in
subparagraph (B), paragraph (1) shall be applied--
``(i) with respect to new leasing revenues
under leases awarded under the first leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2015, by substituting `12.5 percent' for
`37.5 percent'; and
``(ii) with respect to new leasing revenues
under leases awarded under the second leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2015, by substituting `25 percent' for
`37.5 percent'.
``(B) Exempted lease sales.--This paragraph shall
not apply with respect to any lease issued under
subtitle B of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2015.
``(b) Allocation of Payments.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to coastal States that are within 200 miles of the
leased tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract;
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract; and
``(C) in the case of a coastal State that is the
only coastal State within 200 miles of a leased tract,
100 percent of the total amounts allocated with respect
to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the coastal State
without further appropriation;
``(B) shall remain available until expended;
``(C) shall be in addition to any other amounts
available to the coastal State under this Act; and
``(D) shall be distributed in the fiscal year
following receipt.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by the laws of that State.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
(b) Limitation on Application.--This section and the amendment made
by this section shall not affect the application of section 105 of the
Gulf of Mexico Energy Security Act of 2006 (title I of division C of
Public Law 109-432; 43 U.S.C. 1331 note), as in effect before the
enactment of this Act, with respect to revenues received by the United
States under oil and gas leases issued for tracts located in the
Western and Central Gulf of Mexico Outer Continental Shelf Planning
Areas, including such leases issued on or after the date of the
enactment of this Act.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
SEC. 831. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND
MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND
SAFETY.
There shall be in the Department of the Interior--
(1) an Under Secretary for Energy, Lands, and Minerals, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Secretary of the Interior or, if
directed by the Secretary, to the Deputy Secretary of
the Interior;
(C) be paid at the rate payable for level III of
the Executive Schedule; and
(D) be responsible for--
(i) the safe and responsible development of
our energy and mineral resources on Federal
lands in appropriate accordance with United
States energy demands; and
(ii) ensuring multiple-use missions of the
Department of the Interior that promote the
safe and sustained development of energy and
minerals resources on public lands (as that
term is defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.));
(2) an Assistant Secretary of Ocean Energy and Safety, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on the Outer
Continental Shelf of the United States; and
(3) an Assistant Secretary of Land and Minerals Management,
who shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on public lands and
other Federal onshore lands under the jurisdiction of
the Department of the Interior, including
implementation of the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201 et seq.) and
administration of the Office of Surface Mining.
SEC. 832. BUREAU OF OCEAN ENERGY.
(a) Establishment.--There is established in the Department of the
Interior a Bureau of Ocean Energy (referred to in this section as the
``Bureau''), which shall--
(1) be headed by a Director of Ocean Energy (referred to in
this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Bureau all functions, powers, and duties vested
in the Secretary relating to the administration of a
comprehensive program of offshore mineral and renewable energy
resources management.
(2) Specific authorities.--The Director shall promulgate
and implement regulations--
(A) for the proper issuance of leases for the
exploration, development, and production of
nonrenewable and renewable energy and mineral resources
on the Outer Continental Shelf;
(B) relating to resource identification, access,
evaluation, and utilization;
(C) for development of leasing plans, lease sales,
and issuance of leases for such resources; and
(D) regarding issuance of environmental impact
statements related to leasing and post leasing
activities including exploration, development, and
production, and the use of third party contracting for
necessary environmental analysis for the development of
such resources.
(3) Limitation.--The Secretary shall not carry out through
the Bureau any function, power, or duty that is--
(A) required by section 833 to be carried out
through the Ocean Energy Safety Service; or
(B) required by section 834 to be carried out
through the Office of Natural Resources Revenue.
(d) Responsibilities of Land Management Agencies.--Nothing in this
section shall affect the authorities of the Bureau of Land Management
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) or of the Forest Service under the National Forest
Management Act of 1976 (Public Law 94-588).
SEC. 833. OCEAN ENERGY SAFETY SERVICE.
(a) Establishment.--There is established in the Department of the
Interior an Ocean Energy Safety Service (referred to in this section as
the ``Service''), which shall--
(1) be headed by a Director of Energy Safety (referred to
in this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Service all functions, powers, and duties
vested in the Secretary relating to the administration of
safety and environmental enforcement activities related to
offshore mineral and renewable energy resources on the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) including the authority to
develop, promulgate, and enforce regulations to ensure the safe
and sound exploration, development, and production of mineral
and renewable energy resources on the Outer Continental Shelf
in a timely fashion.
(2) Specific authorities.--The Director shall be
responsible for all safety activities related to exploration
and development of renewable and mineral resources on the Outer
Continental Shelf, including--
(A) exploration, development, production, and
ongoing inspections of infrastructure;
(B) the suspending or prohibiting, on a temporary
basis, any operation or activity, including production
under leases held on the Outer Continental Shelf, in
accordance with section 5(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
(C) cancelling any lease, permit, or right-of-way
on the Outer Continental Shelf, in accordance with
section 5(a)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1334(a)(2));
(D) compelling compliance with applicable Federal
laws and regulations relating to worker safety and
other matters;
(E) requiring comprehensive safety and
environmental management programs for persons engaged
in activities connected with the exploration,
development, and production of mineral or renewable
energy resources;
(F) developing and implementing regulations for
Federal employees to carry out any inspection or
investigation to ascertain compliance with applicable
regulations, including health, safety, or environmental
regulations;
(G) implementing the Offshore Technology Research
and Risk Assessment Program under section 21 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1347);
(H) summoning witnesses and directing the
production of evidence;
(I) levying fines and penalties and disqualifying
operators;
(J) carrying out any safety, response, and removal
preparedness functions; and
(K) the processing of permits, exploration plans,
development plans.
(d) Employees.--
(1) In general.--The Secretary shall ensure that the
inspection force of the Bureau consists of qualified, trained
employees who meet qualification requirements and adhere to the
highest professional and ethical standards.
(2) Qualifications.--The qualification requirements
referred to in paragraph (1)--
(A) shall be determined by the Secretary, subject
to subparagraph (B); and
(B) shall include--
(i) 3 years of practical experience in oil
and gas exploration, development, or
production; or
(ii) a degree in an appropriate field of
engineering from an accredited institution of
higher learning.
(3) Assignment.--In assigning oil and gas inspectors to the
inspection and investigation of individual operations, the
Secretary shall give due consideration to the extent possible
to their previous experience in the particular type of oil and
gas operation in which such inspections are to be made.
(4) Background checks.--The Director shall require that an
individual to be hired as an inspection officer undergo an
employment investigation (including a criminal history record
check).
(5) Language requirements.--Individuals hired as inspectors
must be able to read, speak, and write English well enough to--
(A) carry out written and oral instructions
regarding the proper performance of inspection duties;
and
(B) write inspection reports and statements and log
entries in the English language.
(6) Veterans preference.--The Director shall provide a
preference for the hiring of an individual as a inspection
officer if the individual is a member or former member of the
Armed Forces and is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member
of the Armed Forces.
(7) Annual proficiency review.--
(A) Annual proficiency review.--The Director shall
provide that an annual evaluation of each individual
assigned inspection duties is conducted and documented.
(B) Continuation of employment.--An individual
employed as an inspector may not continue to be
employed in that capacity unless the evaluation
demonstrates that the individual--
(i) continues to meet all qualifications
and standards;
(ii) has a satisfactory record of
performance and attention to duty based on the
standards and requirements in the inspection
program; and
(iii) demonstrates the current knowledge
and skills necessary to courteously,
vigilantly, and effectively perform inspection
functions.
(8) Limitation on right to strike.--Any individual that
conducts permitting or inspections under this section may not
participate in a strike, or assert the right to strike.
(9) Personnel authority.--Notwithstanding any other
provision of law, the Director may employ, appoint, discipline
and terminate for cause, and fix the compensation, terms, and
conditions of employment of Federal service for individuals as
the employees of the Service in order to restore and maintain
the trust of the people of the United States in the
accountability of the management of our Nation's energy safety
program.
(10) Training academy.--
(A) In general.--The Secretary shall establish and
maintain a National Offshore Energy Safety Academy
(referred to in this paragraph as the ``Academy'') as
an agency of the Ocean Energy Safety Service.
(B) Functions of academy.--The Secretary, through
the Academy, shall be responsible for--
(i) the initial and continued training of
both newly hired and experienced offshore oil
and gas inspectors in all aspects of health,
safety, environmental, and operational
inspections;
(ii) the training of technical support
personnel of the Bureau;
(iii) any other training programs for
offshore oil and gas inspectors, Bureau
personnel, Department personnel, or other
persons as the Secretary shall designate; and
(iv) certification of the successful
completion of training programs for newly hired
and experienced offshore oil and gas
inspectors.
(C) Cooperative agreements.--
(i) In general.--In performing functions
under this paragraph, and subject to clause
(ii), the Secretary may enter into cooperative
educational and training agreements with
educational institutions, related Federal
academies, other Federal agencies, State
governments, safety training firms, and oil and
gas operators and related industries.
(ii) Training requirement.--Such training
shall be conducted by the Academy in accordance
with curriculum needs and assignment of
instructional personnel established by the
Secretary.
(11) Use of department personnel.--In performing functions
under this subsection, the Secretary shall use, to the extent
practicable, the facilities and personnel of the Department of
the Interior. The Secretary may appoint or assign to the
Academy such officers and employees as the Secretary considers
necessary for the performance of the duties and functions of
the Academy.
(12) Additional training programs.--
(A) In general.--The Secretary shall work with
appropriate educational institutions, operators, and
representatives of oil and gas workers to develop and
maintain adequate programs with educational
institutions and oil and gas operators that are
designed--
(i) to enable persons to qualify for
positions in the administration of this title;
and
(ii) to provide for the continuing
education of inspectors or other appropriate
Department of the Interior personnel.
(B) Financial and technical assistance.--The
Secretary may provide financial and technical
assistance to educational institutions in carrying out
this paragraph.
(e) Limitation.--The Secretary shall not carry out through the
Service any function, power, or duty that is--
(1) required by section 832 to be carried out through the
Bureau of Ocean Energy; or
(2) required by section 834 to be carried out through the
Office of Natural Resources Revenue.
SEC. 834. OFFICE OF NATURAL RESOURCES REVENUE.
(a) Establishment.--There is established in the Department of the
Interior an Office of Natural Resources Revenue (referred to in this
section as the ``Office'') to be headed by a Director of Natural
Resources Revenue (referred to in this section as the ``Director'').
(b) Appointment and Compensation.--
(1) In general.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out, through the Office, all functions, powers, and duties
vested in the Secretary and relating to the administration of
offshore royalty and revenue management functions.
(2) Specific authorities.--The Secretary shall carry out,
through the Office, all functions, powers, and duties
previously assigned to the Minerals Management Service
(including the authority to develop, promulgate, and enforce
regulations) regarding offshore royalty and revenue collection;
royalty and revenue distribution; auditing and compliance;
investigation and enforcement of royalty and revenue
regulations; and asset management for onshore and offshore
activities.
(d) Limitation.--The Secretary shall not carry out through the
Office any function, power, or duty that is--
(1) required by section 832 to be carried out through the
Bureau of Ocean Energy; or
(2) required by section 833 to be carried out through the
Ocean Energy Safety Service.
SEC. 835. ETHICS AND DRUG TESTING.
(a) Certification.--The Secretary of the Interior shall certify
annually that all Department of the Interior officers and employees
having regular, direct contact with lessees, contractors,
concessionaires, and other businesses interested before the Government
as a function of their official duties, or conducting investigations,
issuing permits, or responsible for oversight of energy programs, are
in full compliance with all Federal employee ethics laws and
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.)
and part 2635 of title 5, Code of Federal Regulations, and all guidance
issued under subsection (c).
(b) Drug Testing.--The Secretary shall conduct a random drug
testing program of all Department of the Interior personnel referred to
in subsection (a).
(c) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue supplementary ethics and drug
testing guidance for the employees for which certification is required
under subsection (a). The Secretary shall update the supplementary
ethics guidance not less than once every 3 years thereafter.
SEC. 836. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment.--The Minerals Management Service is abolished.
(b) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of the
Minerals Management Service shall not be affected by the
enactment of this Act, but shall continue in effect according
to their terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(2) Completed administrative action defined.--For purposes
of paragraph (1), the term ``completed administrative action''
includes orders, determinations, memoranda of understanding,
memoranda of agreements, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates, licenses,
registrations, and privileges.
(c) Pending Proceedings.--Subject to the authority of the Secretary
of the Interior and the officers of the Department of the Interior
under this title--
(1) pending proceedings in the Minerals Management Service,
including notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue, notwithstanding the enactment of
this Act or the vesting of functions of the Service in another
agency, unless discontinued or modified under the same terms
and conditions and to the same extent that such discontinuance
or modification could have occurred if this title had not been
enacted; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this title
had not been enacted, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(d) Pending Civil Actions.--Subject to the authority of the
Secretary of the Interior or any officer of the Department of the
Interior under this title, pending civil actions shall continue
notwithstanding the enactment of this Act, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment had not occurred.
(e) References.--References relating to the Minerals Management
Service in statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede the effective date of this Act
are deemed to refer, as appropriate, to the Department, to its
officers, employees, or agents, or to its corresponding organizational
units or functions. Statutory reporting requirements that applied in
relation to the Minerals Management Service immediately before the
effective date of this title shall continue to apply.
SEC. 837. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.
(a) Under Secretary for Energy, Lands, and Minerals.--Section 5314
of title 5, United States Code, is amended by inserting after the item
relating to ``Under Secretaries of the Treasury (3).'' the following:
``Under Secretary for Energy, Lands, and Minerals,
Department of the Interior.''.
(b) Assistant Secretaries.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of the Interior
(6).'' and inserting the following:
``Assistant Secretaries, Department of the Interior (7).''.
(c) Directors.--Section 5316 of title 5, United States Code, is
amended by striking ``Director, Bureau of Mines, Department of the
Interior.'' and inserting the following new items:
``Director, Bureau of Ocean Energy, Department of the
Interior.
``Director, Ocean Energy Safety Service, Department of the
Interior.
``Director, Office of Natural Resources Revenue, Department
of the Interior.''.
SEC. 838. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.
(a) Establishment.--The Secretary of the Interior shall establish,
under the Federal Advisory Committee Act, an Outer Continental Shelf
Energy Safety Advisory Board (referred to in this section as the
``Board'')--
(1) to provide the Secretary and the Directors established
by this title with independent scientific and technical advice
on safe, responsible, and timely mineral and renewable energy
exploration, development, and production activities; and
(2) to review operations of the National Offshore Energy
Health and Safety Academy established under section 833(d),
including submitting to the Secretary recommendations of
curriculum to ensure training scientific and technical
advancements.
(b) Membership.--
(1) Size.--The Board shall consist of not more than 11
members, who--
(A) shall be appointed by the Secretary based on
their expertise in oil and gas drilling, well design,
operations, well containment and oil spill response;
and
(B) must have significant scientific, engineering,
management, and other credentials and a history of
working in the field related to safe energy
exploration, development, and production activities.
(2) Consultation and nominations.--The Secretary shall
consult with the National Academy of Sciences and the National
Academy of Engineering to identify potential candidates for the
Board and shall take nominations from the public.
(3) Term.--The Secretary shall appoint Board members to
staggered terms of not more than 4 years, and shall not appoint
a member for more than 2 consecutive terms.
(4) Balance.--In appointing members to the Board, the
Secretary shall ensure a balanced representation of industry
and research interests.
(c) Chair.--The Secretary shall appoint the Chair for the Board
from among its members.
(d) Meetings.--The Board shall meet not less than 3 times per year
and shall host, at least once per year, a public forum to review and
assess the overall energy safety performance of Outer Continental Shelf
mineral and renewable energy resource activities.
(e) Offshore Drilling Safety Assessments and Recommendations.--As
part of its duties under this section, the Board shall, by not later
than 180 days after the date of enactment of this section and every 5
years thereafter, submit to the Secretary a report that--
(1) assesses offshore oil and gas well control
technologies, practices, voluntary standards, and regulations
in the United States and elsewhere; and
(2) as appropriate, recommends modifications to the
regulations issued under this title to ensure adequate
protection of safety and the environment, including
recommendations on how to reduce regulations and administrative
actions that are duplicative or unnecessary.
(f) Reports.--Reports of the Board shall be submitted by the Board
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate and
made available to the public in electronically accessible form.
(g) Travel Expenses.--Members of the Board, other than full-time
employees of the Federal Government, while attending meeting of the
Board or while otherwise serving at the request of the Secretary or the
Director while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay.
SEC. 839. OUTER CONTINENTAL SHELF INSPECTION FEES.
Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C.
1348) is amended by adding at the end of the section the following:
``(g) Inspection Fees.--
``(1) Establishment.--The Secretary of the Interior shall
collect from the operators of facilities subject to inspection
under subsection (c) non-refundable fees for such inspections--
``(A) at an aggregate level equal to the amount
necessary to offset the annual expenses of inspections
of outer Continental Shelf facilities (including mobile
offshore drilling units) by the Department of the
Interior; and
``(B) using a schedule that reflects the
differences in complexity among the classes of
facilities to be inspected.
``(2) Ocean energy safety fund.--There is established in
the Treasury a fund, to be known as the `Ocean Energy
Enforcement Fund' (referred to in this subsection as the
`Fund'), into which shall be deposited all amounts collected as
fees under paragraph (1) and which shall be available as
provided under paragraph (3).
``(3) Availability of fees.--
``(A) In general.--Notwithstanding section 3302 of
title 31, United States Code, all amounts deposited in
the Fund--
``(i) shall be credited as offsetting
collections;
``(ii) shall be available for expenditure
for purposes of carrying out inspections of
outer Continental Shelf facilities (including
mobile offshore drilling units) and the
administration of the inspection program under
this section;
``(iii) shall be available only to the
extent provided for in advance in an
appropriations Act; and
``(iv) shall remain available until
expended.
``(B) Use for field offices.--Not less than 75
percent of amounts in the Fund may be appropriated for
use only for the respective Department of the Interior
field offices where the amounts were originally
assessed as fees.
``(4) Initial fees.--Fees shall be established under this
subsection for the fiscal year in which this subsection takes
effect and the subsequent 10 years, and shall not be raised
without advise and consent of the Congress, except as
determined by the Secretary to be appropriate as an adjustment
equal to the percentage by which the Consumer Price Index for
the month of June of the calendar year preceding the adjustment
exceeds the Consumer Price Index for the month of June of the
calendar year in which the claim was determined or last
adjusted.
``(5) Annual fees.--Annual fees shall be collected under
this subsection for facilities that are above the waterline,
excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2013 shall be--
``(A) $10,500 for facilities with no wells, but
with processing equipment or gathering lines;
``(B) $17,000 for facilities with 1 to 10 wells,
with any combination of active or inactive wells; and
``(C) $31,500 for facilities with more than 10
wells, with any combination of active or inactive
wells.
``(6) Fees for drilling rigs.--Fees for drilling rigs shall
be assessed under this subsection for all inspections completed
in fiscal years 2015 through 2024. Fees for fiscal year 2015
shall be--
``(A) $30,500 per inspection for rigs operating in
water depths of 1,000 feet or more; and
``(B) $16,700 per inspection for rigs operating in
water depths of less than 1,000 feet.
``(7) Billing.--The Secretary shall bill designated
operators under paragraph (5) within 60 days after the date of
the inspection, with payment required within 30 days of
billing. The Secretary shall bill designated operators under
paragraph (6) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
after billing.
``(8) Sunset.--No fee may be collected under this
subsection for any fiscal year after fiscal year 2024.
``(9) Annual reports.--
``(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2015, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund
during the fiscal year.
``(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
``(i) A statement of the amounts deposited
into the Fund.
``(ii) A description of the expenditures
made from the Fund for the fiscal year,
including the purpose of the expenditures and
the additional hiring of personnel.
``(iii) A statement of the balance
remaining in the Fund at the end of the fiscal
year.
``(iv) An accounting of pace of permit
approvals.
``(v) If fee increases are proposed after
the initial 10-year period referred to in
paragraph (5), a proper accounting of the
potential adverse economic impacts such fee
increases will have on offshore economic
activity and overall production, conducted by
the Secretary.
``(vi) Recommendations to increase the
efficacy and efficiency of offshore
inspections.
``(vii) Any corrective actions levied upon
offshore inspectors as a result of any form of
misconduct.''.
SEC. 840. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY
DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.
(a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy
Safety Service may not develop, propose, finalize, administer, or
implement, any limitation on activities under their jurisdiction as a
result of the coastal and marine spatial planning component of the
National Ocean Policy developed under Executive Order No. 13547.
(b) Report on Expenditures.--Not later than 60 days after the date
of enactment of this Act, the President shall submit a report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate identifying all
Federal expenditures in fiscal years 2011, 2012, 2013, and 2014 by the
Bureau of Ocean Energy and the Ocean Energy Safety Service and their
predecessor agencies, by agency, account, and any pertinent
subaccounts, for the development, administration, or implementation of
the coastal and marine spatial planning component of the National Ocean
Policy developed under Executive Order No. 13547, including staff time,
travel, and other related expenses.
Subtitle E--United States Territories
SEC. 851. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT
TO TERRITORIES OF THE UNITED STATES.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended--
(1) in paragraph (a), by inserting after ``control'' the
following: ``or lying within the United States exclusive
economic zone and the Continental Shelf adjacent to any
territory of the United States'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
Subtitle F--Miscellaneous Provisions
SEC. 861. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF MEXICO
ENERGY SECURITY ACT OF 2006.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Interior shall issue rules to provide
more clarity, certainty, and stability to the revenue streams
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note).
(b) Contents.--The rules shall include clarification of the timing
and methods of disbursements of funds under section 105(b)(2) of such
Act.
SEC. 862. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF
REVENUES.
Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006
(title I of division C of Public Law 109-432; 43 U.S.C. 1331 note)
shall be applied by substituting ``2024, and shall not exceed
$999,999,999 for each of fiscal years 2025 through 2055'' for ``2055''.
SEC. 863. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA DEFINED.
For the purposes of this Act, the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), and any regulations or 5-year plan issued
under that Act, the term ``South Atlantic Outer Continental Shelf
Planning Area'' means the area of the outer Continental Shelf (as
defined in section 2 of that Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of the
State of Virginia and the southernmost lateral seaward administrative
boundary of the State of Georgia.
SEC. 864. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR
AMERICA'S ENERGY FUTURE.
Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C.
1340) is amended by adding at the end the following:
``(i) Enhancing Geological and Geophysical Information for
America's Energy Future.--
``(1) The Secretary, acting through the Director of the
Bureau of Ocean Energy Management, shall facilitate and support
the practical study of geology and geophysics to better
understand the oil, gas, and other hydrocarbon potential in the
South Atlantic Outer Continental Shelf Planning Area by
entering into partnerships to conduct geological and
geophysical activities on the outer Continental Shelf.
``(2)(A) No later than 180 days after the date of enactment
of the Lowering Gasoline Prices to Fuel an America That Works
Act of 2015, the Governors of the States of Georgia, South
Carolina, North Carolina, and Virginia may each nominate for
participation in the partnerships--
``(i) one institution of higher education located
within the Governor's State; and
``(ii) one institution of higher education within
the Governor's State that is a historically black
college or university, as defined in section 631(a) of
the Higher Education Act of 1965 (20 U.S.C. 1132(a)).
``(B) In making nominations, the Governors shall give
preference to those institutions of higher education that
demonstrate a vigorous rate of admission of veterans of the
Armed Forces of the United States.
``(3) The Secretary shall only select as a partner a
nominee that the Secretary determines demonstrates excellence
in geophysical sciences curriculum, engineering curriculum, or
information technology or other technical studies relating to
seismic research (including data processing).
``(4) Notwithstanding subsection (d), nominees selected as
partners by the Secretary may conduct geological and
geophysical activities under this section after filing a notice
with the Secretary 30 days prior to commencement of the
activity without any further authorization by the Secretary
except those activities that use solid or liquid explosives
shall require a permit. The Secretary may not charge any fee
for the provision of data or other information collected under
this authority, other than the cost of duplicating any data or
information provided. Nominees selected as partners under this
section shall provide to the Secretary any data or other
information collected under this subsection within 60 days
after completion of an initial analysis of the data or other
information collected, if so requested by the Secretary.
``(5) Data or other information produced as a result of
activities conducted by nominees selected as partners under
this subsection shall not be used or shared for commercial
purposes by the nominee, may not be produced for proprietary
use or sale, and shall be made available by the Secretary to
the public.
``(6) The Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate reports
on the data or other information produced under the
partnerships under this section. Such reports shall be made no
less frequently than every 180 days following the conduct of
the first geological and geophysical activities under this
section.
``(7) In this subsection the term `geological and
geophysical activities' means any oil- or gas-related
investigation conducted on the outer Continental Shelf,
including geophysical surveys where magnetic, gravity, seismic,
or other systems are used to detect or imply the presence of
oil or gas.''.
Subtitle G--Judicial Review
SEC. 871. TIME FOR FILING COMPLAINT.
(a) In General.--Any cause of action that arises from a covered
energy decision must be filed not later than the end of the 60-day
period beginning on the date of the covered energy decision. Any cause
of action not filed within this time period shall be barred.
(b) Exception.--Subsection (a) shall not apply to a cause of action
brought by a party to a covered energy lease.
SEC. 872. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section
10701--
(1) shall be brought in the United States district court
for the district in which the Federal property for which a
covered energy lease is issued is located or the United States
District Court of the District of Columbia;
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(3) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 873. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 871 may be
reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit shall resolve any such appeal as
expeditiously as possible and, in any event, not more than 180 days
after such interlocutory or final judgment, decree, or order of the
district court was issued.
SEC. 874. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this subtitle, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this subtitle, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 875. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this subtitle who is not a prevailing party
shall pay to the prevailing parties (including intervening parties),
other than the United States, fees and other expenses incurred by that
party in connection with the judicial review, unless the Court finds
that the position of the person was substantially justified or that
special circumstances make an award unjust.
SEC. 876. EXCLUSION.
This subtitle shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 877. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Covered energy decision.--The term ``covered energy
decision'' means any action or decision by a Federal official
regarding the issuance of a covered energy lease.
(2) Covered energy lease.--The term ``covered energy
lease'' means any lease under this title or under an oil and
gas leasing program under this title.
TITLE IX--INCREASING ONSHORE OIL AND GAS DEVELOPMENT AND ENERGY
SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
SEC. 901. SHORT TITLE.
This subtitle may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 902. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) this subtitle will support a healthy and growing United
States domestic energy sector that, in turn, helps to
reinvigorate American manufacturing, transportation, and
service sectors by employing the vast talents of United States
workers to assist in the development of energy from domestic
sources;
(2) to ensure a robust onshore energy production industry
and ensure that the benefits of development support local
communities, under this subtitle, the Secretary shall make
every effort to promote the development of onshore American
energy, and shall take into consideration the socioeconomic
impacts, infrastructure requirements, and fiscal stability for
local communities located within areas containing onshore
energy resources; and
(3) the Congress will monitor the deployment of personnel
and material onshore to encourage the development of American
manufacturing to enable United States workers to benefit from
this subtitle through good jobs and careers, as well as the
establishment of important industrial facilities to support
expanded access to American resources.
(b) Requirement.--The Secretary of the Interior shall when
possible, and practicable, encourage the use of United States workers
and equipment manufactured in the United States in all construction
related to mineral resource development under this subtitle.
CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING
Subchapter A--Miscellaneous Provisions
SEC. 911. SHORT TITLE.
This chapter may be cited as the ``Streamlining Permitting of
American Energy Act of 2015''.
SEC. 912. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2))
is amended to read as follows:
``(2) Applications for permits to drill reform and
process.--
``(A) Timeline.--The Secretary shall decide whether
to issue a permit to drill within 30 days after
receiving an application for the permit. The Secretary
may extend such period for up to 2 periods of 15 days
each, if the Secretary has given written notice of the
delay to the applicant. The notice shall be in the form
of a letter from the Secretary or a designee of the
Secretary, and shall include the names and titles of
the persons processing the application, the specific
reasons for the delay, and a specific date a final
decision on the application is expected.
``(B) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) in writing, clear and comprehensive
reasons why the application was not accepted
and detailed information concerning any
deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(C) Application deemed approved.--If the
Secretary has not made a decision on the application by
the end of the 60-day period beginning on the date the
application is received by the Secretary, the
application is deemed approved, except in cases in
which existing reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
are incomplete.
``(D) Denial of permit.--If the Secretary decides
not to issue a permit to drill in accordance with
subparagraph (A), the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(ii) allow the applicant to resubmit an
application for a permit to drill during the
10-day period beginning on the date the
applicant receives the description of the
denial from the Secretary; and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(E) Fee.--
``(i) In general.--Notwithstanding any
other law, the Secretary shall collect a single
$6,500 permit processing fee per application
from each applicant at the time the final
decision is made whether to issue a permit
under subparagraph (A). This fee shall not
apply to any resubmitted application.
``(ii) Treatment of permit processing
fee.--Of all fees collected under this
paragraph, 50 percent shall be transferred to
the field office where they are collected and
used to process protests, leases, and permits
under this Act subject to appropriation.''.
SEC. 913. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
further amended by adding at the end the following:
``(4) Protest fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each protest for
a lease, right-of-way, or application for permit to
drill.
``(B) Treatment of fees.--Of all fees collected
under this paragraph, 50 percent shall remain in the
field office where they are collected and used to
process protests subject to appropriation.''.
SEC. 914. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING
ON FEDERAL LANDS.
(a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a Federal Permit
Streamlining Project (referred to in this section as the ``Project'')
in every Bureau of Land Management field office with responsibility for
permitting energy projects on Federal land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of the Army Corps of Engineers.
(2) State participation.--The Secretary may request that
the Governor of any State with energy projects on Federal lands
to be a signatory to the memorandum of understanding.
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
the signing of the memorandum of understanding under subsection
(b), all Federal signatory parties shall, if appropriate,
assign to each of the Bureau of Land Management field offices
an employee who has expertise in the regulatory issues relating
to the office in which the employee is employed, including, as
applicable, particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the Bureau of Land Management
Field Managers in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
energy projects that arise under the authorities of the
employee's home agency; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal lands.
(d) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office identified in subsection (a) any
additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management field offices, including inspection and
enforcement relating to energy development on Federal land, in
accordance with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 21111 and
21121.
(f) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency whose employees are participating in the
Project.
(g) Definition.--For purposes of this section the term ``energy
projects'' includes oil, natural gas, and other energy projects as
defined by the Secretary.
SEC. 915. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other law, the Secretary of the Interior shall
not require a finding of extraordinary circumstances in administering
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).
SEC. 916. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.
(a) In General.--The Secretary of the Interior shall provide
matching funding for joint projects with States to conduct oil and gas
resource assessments on Federal lands with significant oil and gas
potential.
(b) Cost Sharing.--The Federal share of the cost of activities
under this section shall not exceed 50 percent.
(c) Resource Assessment.--Any resource assessment under this
section shall be conducted by a State, in consultation with the United
States Geological Survey.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$50,000,000 for fiscal years 2015 through 2018.
SEC. 917. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize the
issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) to any person designated for the imposition of sanctions pursuant
to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
Subchapter B--Judicial Review
SEC. 921. DEFINITIONS.
In this subchapter--
(1) the term ``covered civil action'' means a civil action
containing a claim under section 702 of title 5, United States
Code, regarding agency action (as defined for the purposes of
that section) affecting a covered energy project on Federal
lands of the United States; and
(2) the term ``covered energy project'' means the leasing
of Federal lands of the United States for the exploration,
development, production, processing, or transmission of oil,
natural gas, or any other source of energy, and any action
under such a lease, except that the term does not include any
disputes between the parties to a lease regarding the
obligations under such lease, including regarding any alleged
breach of the lease.
SEC. 922. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
ENERGY PROJECTS.
Venue for any covered civil action shall lie in the district court
where the project or leases exist or are proposed.
SEC. 923. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action must
be filed no later than the end of the 90-day period beginning on the
date of the final Federal agency action to which it relates.
SEC. 924. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 925. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.
SEC. 926. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation. In addition, courts shall limit the duration of
preliminary injunctions to halt covered energy projects to no more than
60 days, unless the court finds clear reasons to extend the injunction.
In such cases of extensions, such extensions shall only be in 30-day
increments and shall require action by the court to renew the
injunction.
SEC. 927. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act), do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
SEC. 928. LEGAL STANDING.
Challengers filing appeals with the Department of the Interior
Board of Land Appeals shall meet the same standing requirements as
challengers before a United States district court.
CHAPTER 2--OIL AND GAS LEASING CERTAINTY
SEC. 931. SHORT TITLE.
This chapter may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2015''.
SEC. 932. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
In conducting lease sales as required by section 17(a) of the
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the
Interior shall perform the following:
(1) The Secretary shall offer for sale no less than 25
percent of the annual nominated acreage not previously made
available for lease. Acreage offered for lease pursuant to this
paragraph shall not be subject to protest and shall be eligible
for categorical exclusions under section 390 of the Energy
Policy Act of 2005 (42 U.S.C. 15942), except that it shall not
be subject to the test of extraordinary circumstances.
(2) In administering this section, the Secretary shall only
consider leasing of Federal lands that are available for
leasing at the time the lease sale occurs.
SEC. 933. LEASING CERTAINTY.
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is
amended by inserting ``(1)'' before ``All lands'', and by adding at the
end the following:
``(2)(A) The Secretary shall not withdraw any covered energy
project issued under this Act without finding a violation of the terms
of the lease by the lessee.
``(B) The Secretary shall not infringe upon lease rights under
leases issued under this Act by indefinitely delaying issuance of
project approvals, drilling and seismic permits, and rights of way for
activities under such a lease.
``(C) No later than 18 months after an area is designated as open
under the current land use plan the Secretary shall make available
nominated areas for lease under the criteria in section 2.
``(D) Notwithstanding any other law, the Secretary shall issue all
leases sold no later than 60 days after the last payment is made.
``(E) The Secretary shall not cancel or withdraw any lease parcel
after a competitive lease sale has occurred and a winning bidder has
submitted the last payment for the parcel.
``(F) After the conclusion of the public comment period for a
planned competitive lease sale, the Secretary shall not cancel, defer,
or withdraw any lease parcel announced to be auctioned in the lease
sale.
``(G) Not later than 60 days after a lease sale held under this
Act, the Secretary shall adjudicate any lease protests filed following
a lease sale. If after 60 days any protest is left unsettled, said
protest is automatically denied and appeal rights of the protestor
begin.
``(H) No additional lease stipulations may be added after the
parcel is sold without consultation and agreement of the lessee, unless
the Secretary deems such stipulations as emergency actions to conserve
the resources of the United States.''.
SEC. 934. LEASING CONSISTENCY.
Federal land managers must follow existing resource management
plans and continue to actively lease in areas designated as open when
resource management plans are being amended or revised, until such time
as a new record of decision is signed.
SEC. 935. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 936. STREAMLINED CONGRESSIONAL NOTIFICATION.
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is
amended in the matter following paragraph (4) by striking ``at least
thirty days in advance of the reinstatement'' and inserting ``in an
annual report''.
CHAPTER 3--OIL SHALE
SEC. 941. SHORT TITLE.
This chapter may be cited as the ``Protecting Investment in Oil
Shale the Next Generation of Environmental, Energy, and Resource
Security Act'' or the ``PIONEERS Act''.
SEC. 942. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO
RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) Regulations.--Notwithstanding any other law or regulation to
the contrary, the final regulations regarding oil shale management
published by the Bureau of Land Management on November 18, 2008 (73
Fed. Reg. 69,414), are deemed to satisfy all legal and procedural
requirements under any law, including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the
Interior shall implement those regulations, including the oil shale
leasing program authorized by the regulations, without any other
administrative action necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--Notwithstanding any other law or regulation to the contrary,
the November 17, 2008, U.S. Bureau of Land Management Approved Resource
Management Plan Amendments/Record of Decision for Oil Shale and Tar
Sands Resources to Address Land Use Allocations in Colorado, Utah, and
Wyoming and Final Programmatic Environmental Impact Statement are
deemed to satisfy all legal and procedural requirements under any law,
including the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and the Secretary of the Interior shall implement the
oil shale leasing program authorized by the regulations referred to in
subsection (a) in those areas covered by the resource management plans
amended by such amendments, and covered by such record of decision,
without any other administrative action necessary.
SEC. 943. OIL SHALE LEASING.
(a) Additional Research and Development Lease Sales.--The Secretary
of the Interior shall hold a lease sale within 180 days after the date
of enactment of this Act offering an additional 10 parcels for lease
for research, development, and demonstration of oil shale resources,
under the terms offered in the solicitation of bids for such leases
published on January 15, 2009 (74 Fed. Reg. 10).
(b) Commercial Lease Sales.--No later than January 1, 2016, the
Secretary of the Interior shall hold no less than 5 separate commercial
lease sales in areas considered to have the most potential for oil
shale development, as determined by the Secretary, in areas nominated
through public comment. Each lease sale shall be for an area of not
less than 25,000 acres, and in multiple lease blocs.
Subtitle B--Planning for American Energy
SEC. 951. SHORT TITLE.
This subtitle may be cited as the ``Planning for American Energy
Act of 2015''.
SEC. 952. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended by redesignating section 44 as section 45, and by inserting
after section 43 the following:
``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY.
``(a) In General.--
``(1) The Secretary of the Interior (hereafter in this
section referred to as `Secretary'), in consultation with the
Secretary of Agriculture with regard to lands administered by
the Forest Service, shall develop and publish every 4 years a
Quadrennial Federal Onshore Energy Production Strategy. This
Strategy shall direct Federal land energy development and
department resource allocation in order to promote the energy
and national security of the United States in accordance with
Bureau of Land Management's mission of promoting the multiple
use of Federal lands as set forth in the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) In developing this Strategy, the Secretary shall
consult with the Administrator of the Energy Information
Administration on the projected energy demands of the United
States for the next 30-year period, and how energy derived from
Federal onshore lands can put the United States on a trajectory
to meet that demand during the next 4-year period. The
Secretary shall consider how Federal lands will contribute to
ensuring national energy security, with a goal for increasing
energy independence and production, during the next 4-year
period.
``(3) The Secretary shall determine a domestic strategic
production objective for the development of energy resources
from Federal onshore lands. Such objective shall be--
``(A) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil and natural gas from the Federal
onshore mineral estate, with a focus on lands held by
the Bureau of Land Management and the Forest Service;
``(B) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
coal production from Federal lands;
``(C) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of strategic and critical energy minerals
from the Federal onshore mineral estate;
``(D) the best estimate, based upon commercial and
scientific data, of the expected increase in megawatts
for electricity production from each of the following
sources: wind, solar, biomass, hydropower, and
geothermal energy produced on Federal lands
administered by the Bureau of Land Management and the
Forest Service;
``(E) the best estimate, based upon commercial and
scientific data, of the expected increase in
unconventional energy production, such as oil shale;
``(F) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil, natural gas, coal, and other
renewable sources from tribal lands for any federally
recognized Indian tribe that elects to participate in
facilitating energy production on its lands;
``(G) the best estimate, based upon commercial and
scientific data, of the expected increase in production
of helium on Federal lands administered by the Bureau
of Land Management and the Forest Service; and
``(H) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of geothermal, solar, wind, or other
renewable energy sources from `available lands' (as
such term is defined in section 203 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108 et seq.), and
including any other lands deemed by the Territory or
State of Hawaii, as the case may be, to be included
within that definition) that the agency or department
of the government of the State of Hawaii that is
responsible for the administration of such lands
selects to be used for such energy production.
``(4) The Secretary shall consult with the Administrator of
the Energy Information Administration regarding the methodology
used to arrive at its estimates for purposes of this section.
``(5) The Secretary has the authority to expand the energy
development plan to include other energy production technology
sources or advancements in energy on Federal lands.
``(6) The Secretary shall include in the Strategy a plan
for addressing new demands for transmission lines and pipelines
for distribution of oil and gas across Federal lands to ensure
that energy produced can be distributed to areas of need.
``(b) Tribal Objectives.--It is the sense of Congress that
federally recognized Indian tribes may elect to set their own
production objectives as part of the Strategy under this section. The
Secretary shall work in cooperation with any federally recognized
Indian tribe that elects to participate in achieving its own strategic
energy objectives designated under this subsection.
``(c) Execution of the Strategy.--The relevant Secretary shall have
all necessary authority to make determinations regarding which
additional lands will be made available in order to meet the production
objectives established by strategies under this section. The Secretary
shall also take all necessary actions to achieve these production
objectives unless the President determines that it is not in the
national security and economic interests of the United States to
increase Federal domestic energy production and to further decrease
dependence upon foreign sources of energy. In administering this
section, the relevant Secretary shall only consider leasing Federal
lands available for leasing at the time the lease sale occurs.
``(d) State, Federally Recognized Indian Tribes, Local Government,
and Public Input.--In developing each strategy, the Secretary shall
solicit the input of affected States, federally recognized Indian
tribes, local governments, and the public.
``(e) Reporting.--The Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on the progress
of meeting the production goals set forth in the strategy. The
Secretary shall identify in the report projections for production and
capacity installations and any problems with leasing, permitting,
siting, or production that will prevent meeting the goal. In addition,
the Secretary shall make suggestions to help meet any shortfalls in
meeting the production goals.
``(f) Programmatic Environmental Impact Statement.--Not later than
12 months after the date of enactment of this section, in accordance
with section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement. This programmatic environmental impact
statement will be deemed sufficient to comply with all requirements
under that Act for all necessary resource management and land use plans
associated with the implementation of the strategy.
``(g) Congressional Review.--At least 60 days prior to publishing a
proposed strategy under this section, the Secretary shall submit it to
the President and the Congress, together with any comments received
from States, federally recognized Indian tribes, and local governments.
Such submission shall indicate why any specific recommendation of a
State, federally recognized Indian tribe, or local government was not
accepted.
``(h) Strategic and Critical Energy Minerals Defined.--For purposes
of this section, the term `strategic and critical energy minerals'
means those that are necessary for the Nation's energy infrastructure
including pipelines, refining capacity, electrical power generation and
transmission, and renewable energy production and those that are
necessary to support domestic manufacturing, including but not limited
to, materials used in energy generation, production, and
transportation.''.
(b) First Quadrennial Strategy.--Not later than 18 months after the
date of enactment of this Act, the Secretary of the Interior shall
submit to Congress the first Quadrennial Federal Onshore Energy
Production Strategy under the amendment made by subsection (a).
Subtitle C--National Petroleum Reserve in Alaska Access
SEC. 961. SHORT TITLE.
This subtitle may be cited as the ``National Petroleum Reserve
Alaska Access Act''.
SEC. 962. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(2) accordingly, the national policy is to actively advance
oil and gas development within the Reserve by facilitating the
expeditious exploration, production, and transportation of oil
and natural gas from and through the Reserve.
SEC. 963. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the reserve in
accordance with this Act. Such program shall include at least one lease
sale annually in those areas of the reserve most likely to produce
commercial quantities of oil and natural gas each year in the period
2017 through 2027.''.
SEC. 964. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING
PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with other appropriate
Federal agencies, shall facilitate and ensure permits, in a timely and
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) transport oil and gas from and through the National
Petroleum Reserve in Alaska in the most direct manner possible
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for such construction for transportation of oil
and natural gas produced under existing Federal oil and gas
leases with respect to which the Secretary has issued a permit
to drill shall be approved within 60 days after the date of
enactment of this Act.
(2) Permits for such construction for transportation of oil
and natural gas produced under Federal oil and gas leases shall
be approved within 6 months after the submission to the
Secretary of a request for a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve,
within 270 days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure that will ensure
that all leasable tracts in the Reserve are within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 965. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL
IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--The Secretary of the
Interior shall, within 180 days after the date of enactment of this
Act, issue--
(1) a new proposed integrated activity plan from among the
non-adopted alternatives in the National Petroleum Reserve
Alaska Integrated Activity Plan Record of Decision issued by
the Secretary of the Interior and dated February 21, 2013; and
(2) an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the
National Petroleum Reserve-Alaska to promote efficient and
maximum development of oil and natural gas resources of such
reserve.
(b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the
Secretary of the Interior and dated February 21, 2013, including the
integrated activity plan and environmental impact statement referred to
in that record of decision, shall have no force or effect.
SEC. 966. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
The Secretary of the Interior shall issue regulations not later
than 180 days after the date of enactment of this Act that establish
clear requirements to ensure that the Department of the Interior is
supporting development of oil and gas leases in the National Petroleum
Reserve-Alaska.
SEC. 967. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 965(a)(1) shall--
(1) require the Department of the Interior to respond
within 5 business days to a person who submits an application
for a permit for development of oil and natural gas leases in
the National Petroleum Reserve-Alaska acknowledging receipt of
such application; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provides that the period for issuing each
permit after submission of such an application shall
not exceed 60 days without the concurrence of the
applicant.
SEC. 968. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment required
by subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) Funding.--The United States Geological Survey may, in carrying
out the duties under this section, cooperatively use resources and
funds provided by the State of Alaska.
Subtitle D--BLM Live Internet Auctions
SEC. 971. SHORT TITLE.
This subtitle may be cited as the ``BLM Live Internet Auctions
Act''.
SEC. 972. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.
(a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30
U.S.C. 226(b)(1)) is amended--
(1) in subparagraph (A), in the third sentence, by
inserting ``, except as provided in subparagraph (C)'' after
``by oral bidding''; and
(2) by adding at the end the following:
``(C) In order to diversify and expand the Nation's onshore leasing
program to ensure the best return to the Federal taxpayer, reduce
fraud, and secure the leasing process, the Secretary may conduct
onshore lease sales through Internet-based bidding methods. Each
individual Internet-based lease sale shall conclude within 7 days.''.
(b) Report.--Not later than 90 days after the tenth Internet-based
lease sale conducted under the amendment made by subsection (a), the
Secretary of the Interior shall analyze the first 10 such lease sales
and report to Congress the findings of the analysis. The report shall
include--
(1) estimates on increases or decreases in such lease
sales, compared to sales conducted by oral bidding, in--
(A) the number of bidders;
(B) the average amount of bid;
(C) the highest amount bid; and
(D) the lowest bid;
(2) an estimate on the total cost or savings to the
Department of the Interior as a result of such sales, compared
to sales conducted by oral bidding; and
(3) an evaluation of the demonstrated or expected
effectiveness of different structures for lease sales which may
provide an opportunity to better maximize bidder participation,
ensure the highest return to the Federal taxpayers, minimize
opportunities for fraud or collusion, and ensure the security
and integrity of the leasing process.
Subtitle E--Native American Energy
SEC. 981. SHORT TITLE.
This subtitle may be cited as the ``Native American Energy Act''.
SEC. 982. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of
subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of subsections (2) and (3) below.
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 983. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 984. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN
LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) In general.--For any major Federal action on Indian
lands of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall only
be available for review and comment by the members of the
Indian tribe and by any other individual residing within the
affected area.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 25006 of that Act, shall
give the Secretary any additional authority over energy
projects on Alaska Native Claims Settlement Act lands.''.
SEC. 985. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action must be
filed not later than the end of the 60-day period beginning on the date
of the final agency action. Any energy related action not filed within
this time period shall be barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action is
filed.
(c) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action may
be reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as
expeditiously as possible, and in any event not more than 180 days
after such interlocutory order or final judgment, decree or order of
the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award to the
defendant (including any intervenor-defendants), other than the United
States, fees and other expenses incurred by that party in connection
with the energy related action, unless the court finds that the
position of the plaintiff was substantially justified or that special
circumstances make an award unjust. Whether or not the position of the
plaintiff was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in the energy
related action for which fees and other expenses are sought.
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity; or
(ii) any Indian tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
SEC. 986. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by inserting
after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2017 through 2021, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than September 20, 2015, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
SEC. 987. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.),
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 988. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 989. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status.
Subtitle F--State Authority for Hydraulic Fracturing Regulation
SEC. 991. SHORT TITLE.
This subtitle may be cited as the ``Protecting States' Rights to
Promote American Energy Security Act''.
SEC. 992. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by
redesignating section 44 as section 45, and by inserting after section
43 the following:
``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
``(a) In General.--The Department of the Interior shall not enforce
any Federal regulation, guidance, or permit requirement regarding
hydraulic fracturing, or any component of that process, relating to
oil, gas, or geothermal production activities on or under any land in
any State that has regulations, guidance, or permit requirements for
that activity.
``(b) State Authority.--The Department of the Interior shall
recognize and defer to State regulations, permitting, and guidance, for
all activities related to hydraulic fracturing, or any component of
that process, relating to oil, gas, or geothermal production activities
on Federal land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(e) Hydraulic Fracturing Defined.--In this section the term
`hydraulic fracturing' means the process by which fracturing fluids (or
a fracturing fluid system) are pumped into an underground geologic
formation at a calculated, predetermined rate and pressure to generate
fractures or cracks in the target formation and thereby increase the
permeability of the rock near the wellbore and improve production of
natural gas or oil.''.
SEC. 993. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study examining the economic benefits of domestic shale oil
and gas production resulting from the process of hydraulic fracturing.
This study will include identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report on the
findings of such study to the Committee on Natural Resources of the
House of Representatives within 30 days after completion of the study.
SEC. 994. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any Federal
regulation, guidance, or permit requirement regarding the process of
hydraulic fracturing (as that term is defined in section 44 of the
Mineral Leasing Act, as amended by section 102 of this Act), or any
component of that process, relating to oil, gas, or geothermal
production activities on any land held in trust or restricted status
for the benefit of Indians except with the express consent of the
beneficiary on whose behalf such land is held in trust or restricted
status.
TITLE X--PROMOTING STEM EDUCATION IN THE WORKFORCE
SEC. 1001. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) According to the National Science Board's Science and
Engineering Indicators, the science and engineering workforce
has shown sustained growth for more than half a century, and
workers with science and engineering degrees tend to earn more
than comparable workers in other fields.
(2) According to the Program for International Student
Assessment 2012 results, America lags behind many other nations
in STEM education. American students rank 21st in science and
26th in mathematics.
(3) Junior Achievement USA and ING found a decrease of 25
percent in the percentage of teenage students interested in
STEM careers.
(4) According to a 2007 report from the Department of
Labor, industries and firms dependent on a strong science and
mathematics workforce have launched a variety of programs that
target K-12 students and undergraduate and graduate students in
STEM fields.
(5) The Federal Government spends nearly $3 billion
annually on STEM education related program and activities, but
encouraging STEM education activities beyond the scope of the
Federal Government, including privately sponsored competitions
and programs in our schools, is crucial to the future technical
and economic competitiveness of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) more effective coordination and adoption of performance
measurement based on objective outcomes for federally supported
STEM programs is needed;
(2) leveraging private and nonprofit investments in STEM
education will be essential to strengthening the Federal STEM
portfolio;
(3) strengthening the Federal STEM portfolio may require
program consolidations and terminations, but such changes
should be based on evidence with stakeholder input;
(4) coordinating STEM programs and activities across the
Federal Government in order to limit duplication and engage
stakeholders in STEM programs and related activities for which
objective outcomes can be measured will bolster results of
Federal STEM education programs, improve the return on
taxpayers' investments in STEM education programs, and in turn
strengthen the United States economy; and
(5) as the Committee on STEM Education implements the 5-
year Strategic Plan for Federal STEM education required under
section 101(b)(5) of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 6621(b)(5)), STEM education stakeholders
must be engaged and outcome-based evaluation metrics should be
considered in the coordination and consolidation efforts for
the Federal STEM portfolio.
SEC. 1002. STEM EDUCATION ADVISORY PANEL.
(a) Establishment.--The President shall establish or designate a
STEM Education Advisory Panel that incorporates key stakeholders from
the education and industry sectors. The co-chairs shall be members of
the President's Council of Advisors on Science and Technology.
(b) Qualifications.--The Advisory Panel established or designated
by the President under subsection (a) shall consist primarily of
members from academic institutions, nonprofit organizations, and
industry and shall include in-school, out-of-school, and informal
educational practitioners. Members of the Advisory Panel shall be
qualified to provide advice and information on STEM education research,
development, training, implementation, interventions, professional
development, or workforce needs or concerns. In selecting or
designating an Advisory Panel, the President may also seek and give
consideration to recommendations from the Congress, industry, the
scientific community (including the National Academy of Sciences,
scientific professional societies, and academia), State and local
governments, and other appropriate organizations. The Advisory Panel
shall consist of 15 members, with 3 members appointed by the Speaker of
the House of Representatives and 2 members appointed by the Majority
Leader of the Senate.
(c) Duties.--The Advisory Panel shall advise the President, the
Committee on STEM Education, and the STEM Education Coordinating Office
established under section 1004 on matters relating to STEM education,
and shall each year provide general guidance to every Federal agency
with STEM education programs or activities, including in the
preparation of requests for appropriations for activities related to
STEM education. The Advisory Panel shall also assess and develop
recommendations for--
(1) progress made in implementing the STEM education
Strategic Plan required under section 101 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621), and any
needs or opportunities to update the strategic plan;
(2) the management, coordination, and implementation of
STEM education programs and activities across the Federal
Government;
(3) the appropriateness of criteria used by Federal
agencies to evaluate the effectiveness of Federal STEM
education programs and activities;
(4) ways to leverage private and nonprofit STEM investments
and encourage public-private partnerships to strengthen STEM
education and help build the STEM workforce pipeline;
(5) ways to incorporate workforce needs into Federal STEM
education programs, particularly for specific fields of
national interest and areas experiencing high unemployment
rates;
(6) ways to better vertically and horizontally integrate
Federal STEM programs and activities from pre-K through
graduate study and the workforce, and from in-school to out-of-
school in order to improve transitions for students moving
through the STEM pipeline;
(7) whether societal and workforce concerns are adequately
addressed by current Federal STEM education programs and
activities;
(8) the extent to which Federal STEM education programs and
activities are contributing to recruitment and retention of
women and underrepresented students in the STEM education and
workforce pipeline; and
(9) ways to encourage geographic diversity in STEM
education and the workforce pipeline.
(d) Reports.--The Advisory Panel shall report, not less frequently
than once every 3 fiscal years, to the President and Congress on its
assessments under subsection (c) and its recommendations for ways to
improve Federal STEM education programs. The first report under this
subsection shall be submitted within 1 year after the date of enactment
of this Act.
(e) Travel Expenses of Non-Federal Members.--Non-Federal members of
the Advisory Panel, while attending meetings of the Advisory Panel or
while otherwise serving at the request of the head of the Advisory
Panel away from their homes or regular places of business, may be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
individuals in the Government serving without pay. Nothing in this
subsection shall be construed to prohibit members of the Advisory Panel
who are officers or employees of the United States from being allowed
travel expenses, including per diem in lieu of subsistence, in
accordance with existing law.
SEC. 1003. COMMITTEE ON STEM EDUCATION.
Section 101 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 6621) is amended--
(1) in the first subsection (b)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (2) the following
new paragraphs:
``(3) collaborate with the STEM Education Advisory Panel
established under section 1002 of the Reducing Employer
Burdens, Unleashing Innovation, and Labor Development Act of
2015 and other outside stakeholders to ensure the engagement of
the STEM education community;
``(4) review evaluation measures used for Federal STEM
education programs;''; and
(C) in paragraph (8), as so redesignated by
subparagraph (A) of this paragraph, by striking ``,
periodically update,''; and
(2) in the second subsection (b) and in subsection (c), by
striking ``subsection (b)(5)'' and inserting ``subsection
(b)(7)''.
SEC. 1004. STEM EDUCATION COORDINATING OFFICE.
(a) Establishment.--The Director of the National Science Foundation
shall establish within the Directorate for Education and Human
Resources a STEM Education Coordinating Office, which shall have a
Director and staff that shall include career employees detailed from
Federal agencies that fund STEM education programs and activities.
(b) Responsibilities.--The STEM Education Coordinating Office
shall--
(1) provide technical and administrative support to--
(A) the Committee on STEM Education, especially in
its coordination of Federal STEM programs and strategic
planning responsibilities;
(B) the Advisory Panel established under section
1002; and
(C) Federal agencies with STEM education programs;
(2) periodically update and maintain the inventory of
federally sponsored STEM education programs and activities
established under section 101(b)(8) of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6621); and
(3) provide for dissemination of information on Federal
STEM education programs and activities, as appropriate, to
stakeholders in academia, industry, nonprofit organizations
with expertise in STEM education, State and local educational
agencies, and other STEM stakeholders.
(c) Report.--The Director of the STEM Education Coordinating Office
shall transmit a report annually to Congress not later than 60 days
after the submission of the President's budget request. The annual
report shall include--
(1) any updates to the inventory required under subsection
(b)(2);
(2) a description of all consolidations and terminations of
Federal STEM education programs implemented in the previous
fiscal year, including an explanation of the reasons for
consolidations and terminations;
(3) recommendations for consolidations and terminations of
STEM education programs or activities in the upcoming fiscal
year;
(4) a description of any significant new STEM education
public-private partnerships; and
(5) a description of the progress made in carrying out the
strategic plan required under section 101 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621),
including a description of the outcome of any program
assessments completed in the previous year.
(d) Responsibilities of NSF.--The Director of the National Science
Foundation shall encourage and monitor the efforts of the STEM
Education Coordinating Office to ensure that the Coordinating Office is
carrying out its responsibilities under subsection (b) appropriately.
SEC. 1005. DEFINITIONS.
In this title--
(1) the term ``STEM'' means the subjects of science,
technology, engineering, and mathematics;
(2) the term ``STEM education'' means education in the
subjects of STEM, including computer science; and
(3) the term ``Committee on STEM Education'' means the
Committee on Science, Technology, Engineering, and Mathematics
Education established under section 101 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6621).
<all>