[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3355

 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 28, 2013

 Mr. Guthrie introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Ways and Means, Armed Services, Education and the Workforce, Natural 
Resources, House Administration, the Judiciary, Rules, Appropriations, 
Science, Space, and Technology, and Foreign Affairs, 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.

    This Act may be cited as the ``Reducing Employer Burdens, 
Unleashing Innovation, and Labor Development Act of 2013''.

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--RESEARCH AND DEVELOPMENT TAX CREDITS

Sec. 201. Extension of research credit; alternative simplified research 
                            credit increased and made permanent.
                  TITLE III--COMPREHENSIVE TAX REFORM

Sec. 301. Comprehensive reform of United States tax laws; expedited 
                            consideration.
                TITLE IV--FEDERAL OIL AND GAS RESOURCES

           Subtitle A--Expanding Offshore Energy Development

Sec. 411. Outer Continental Shelf leasing program.
Sec. 412. Domestic oil and natural gas production goal.
                  Subtitle B--Coastal Plain of Alaska

Sec. 421. Short title.
Sec. 422. Definitions.
Sec. 423. Leasing program for lands within the Coastal Plain.
Sec. 424. Lease sales.
Sec. 425. Grant of leases by the Secretary.
Sec. 426. Lease terms and conditions.
Sec. 427. Coastal Plain environmental protection.
Sec. 428. Expedited judicial review.
Sec. 429. Treatment of revenues.
Sec. 430. Rights-of-way across the Coastal Plain.
Sec. 431. Conveyance.
Sec. 432. ANWR Alternative Energy Trust Fund.
                    TITLE V--ENERGY CONSUMERS RELIEF

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.
    TITLE VI--REPEAL OF THE HEALTH CARE LAW AND HEALTH CARE-RELATED 
 PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010

Sec. 601. Short title.
Sec. 602. Repeal of the health care law and health care-related 
                            provisions in the Health Care and Education 
                            Reconciliation Act of 2010.
    TITLE VII--COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE 
                                COVERAGE

Sec. 701. Cooperative governing of individual health insurance 
                            coverage.
Sec. 702. Severability.
            TITLE VIII--RENEWAL OF TRADE PROMOTION AUTHORITY

Sec. 801. Renewal of trade promotion authority.
              TITLE IX--REFORM OF EXPORT CONTROL POLICIES

Sec. 901. Sense of Congress on reform of export control policies.
             TITLE X--EFFICIENT USE OF GOVERNMENT SPECTRUM

Sec. 1001. Short title.
Sec. 1002. Reallocation and auction of 1755-1780 MHz band.

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) 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--RESEARCH AND DEVELOPMENT TAX CREDITS

SEC. 201. EXTENSION OF RESEARCH CREDIT; ALTERNATIVE SIMPLIFIED RESEARCH 
              CREDIT INCREASED AND MADE PERMANENT.

    (a) Extension of Credit.--
            (1) In general.--Subparagraph (B) of section 41(h)(1) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``December 31, 2013'' and inserting ``December 31, 2014''.
            (2) Conforming amendment.--Subparagraph (D) of section 
        45C(b)(1) of such Code is amended by striking ``December 31, 
        2013'' and inserting ``December 31, 2014''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to amounts paid or incurred after December 31, 
        2013.
    (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, 2012.

                  TITLE III--COMPREHENSIVE TAX REFORM

SEC. 301. 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 113th 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 113th 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 IV--FEDERAL OIL AND GAS RESOURCES

           Subtitle A--Expanding Offshore Energy Development

SEC. 411. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    (a) In General.--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--
                    ``(i) 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; and
                    ``(ii) 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.
            ``(B) 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 each 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'.''.
    (b) Relationship to Existing Plan.--The amendments made by 
subsection (a) shall not affect the 2012-2017 5-year oil and gas 
leasing program.

SEC. 412. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

    (a) In General.--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 each 5-year oil and 
        gas leasing program that applies before 2027, the production 
        goal referred to in paragraph (1) shall be an increase by 2027, 
        from the levels of oil and gas produced as of the date of 
        enactment of this paragraph, 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.''.
    (b) Relationship to Existing Plan.--The amendment made by 
subsection (a) shall not affect the 2012-2017 5-year oil and gas 
leasing program.

                  Subtitle B--Coastal Plain of Alaska

SEC. 421. SHORT TITLE.

    This subtitle may be cited as the ``American Energy Independence 
and Price Reduction Act''.

SEC. 422. DEFINITIONS.

    In this subtitle:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (2) Secretary.--The term ``Secretary'', except as otherwise 
        provided, means the Secretary of the Interior or the 
        Secretary's designee.

SEC. 423. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        subtitle and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in an environmentally sound 
        program for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
            (2) to administer the provisions of this subtitle through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will result in no significant 
        adverse effect on fish and wildlife, their habitat, subsistence 
        resources, and the environment, including, in furtherance of 
        this goal, by requiring the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this subtitle in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this section in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act of 1980 (16 
        U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
        deemed to satisfy the requirements under the National 
        Environmental Policy Act of 1969 that apply with respect to 
        prelease activities, including actions authorized to be taken 
        by the Secretary to develop and promulgate the regulations for 
        the establishment of a leasing program authorized by this 
        subtitle before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed 
        within 18 months after the date of enactment of this subtitle. 
        The Secretary shall only consider public comments that 
        specifically address the Secretary's preferred action and that 
        are filed within 20 days after publication of an environmental 
        analysis. Notwithstanding any other law, compliance with this 
        paragraph is deemed to satisfy all requirements for the 
        analysis and consideration of the environmental effects of 
        proposed leasing under this subtitle.
    (d) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to expand or limit State and local 
regulatory authority.
    (e) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases a Special Area, or any part thereof, for 
        purposes of oil and gas exploration, development, production, 
        and related activities, there shall be no surface occupancy of 
        the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the Special Area.
    (f) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, and production is that set forth in this 
subtitle.
    (g) Regulations.--
            (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, their habitat, subsistence resources, and 
        environment of the Coastal Plain, by no later than 15 months 
        after the date of enactment of this subtitle.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, if appropriate, revise the rules and 
        regulations issued under subsection (a) to reflect any 
        significant biological, environmental, or engineering data that 
        come to the Secretary's attention.

SEC. 424. LEASE SALES.

    (a) In General.--Lands may be leased pursuant to this subtitle to 
any person qualified to obtain a lease for deposits of oil and gas 
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--
            (1) In general.--Bidding for leases under this subtitle 
        shall be by sealed competitive cash bonus bids, except as 
        provided in paragraph (2).
            (2) Lease sale bids.--Lease sales under this subtitle may 
        be conducted through an Internet leasing program, if the 
        Secretary determines that such a system will result in savings 
        to the taxpayer, an increase in the number of bidders 
        participating, and higher returns than oral bidding or a sealed 
        bidding system.
    (d) Acreage Minimum in First Sale.--In the first lease sale under 
this subtitle, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) conduct the first lease sale under this subtitle within 
        22 months after the date of the enactment of this subtitle;
            (2) evaluate the bids in such sale and issue leases 
        resulting from such sale, within 90 days after the date of the 
        completion of such sale; and
            (3) conduct additional sales so long as sufficient interest 
        in development exists to warrant, in the Secretary's judgment, 
        the conduct of such sales.

SEC. 425. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted pursuant to section 424 any 
lands to be leased on the Coastal Plain upon payment by the lessee of 
such bonus as may be accepted by the Secretary.
    (b) Subsequent Transfers.--No lease issued under this subtitle may 
be sold, exchanged, assigned, sublet, or otherwise transferred except 
with the approval of the Secretary. Prior to any such approval the 
Secretary shall consult with, and give due consideration to the views 
of, the Attorney General.

SEC. 426. LEASE TERMS AND CONDITIONS.

    (a) In General.--An oil or gas lease issued pursuant to this 
subtitle shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent in amount or value of the production removed or 
        sold from the lease, as determined by the Secretary under the 
        regulations applicable to other Federal oil and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, portions of the Coastal Plain to exploratory drilling 
        activities as necessary to protect caribou calving areas and 
        other species of fish and wildlife;
            (3) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (4) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for lands 
        required to be reclaimed under this subtitle shall be, as 
        nearly as practicable, a condition capable of supporting the 
        uses which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        approved by the Secretary;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 423(a)(2);
            (7) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans-Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State;
            (8) prohibit the export of oil produced under the lease; 
        and
            (9) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.
    (b) Project Labor Agreements.--The Secretary, as a term and 
condition of each lease under this subtitle and in recognizing the 
Government's proprietary interest in labor stability and in the ability 
of construction labor and management to meet the particular needs and 
conditions of projects to be developed under the leases issued pursuant 
to this subtitle and the special concerns of the parties to such 
leases, shall require that the lessee and its agents and contractors 
negotiate to obtain a project labor agreement for the employment of 
laborers and mechanics on production, maintenance, and construction 
under the lease.

SEC. 427. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 423, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that--
            (1) ensure the oil and gas exploration, development, and 
        production activities on the Coastal Plain will result in no 
        significant adverse effect on fish and wildlife, their habitat, 
        and the environment;
            (2) require the application of the best commercially 
        available technology for oil and gas exploration, development, 
        and production on all new exploration, development, and 
        production operations; and
            (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or piers for 
        support of pipelines, does not exceed 2,000 acres on the 
        Coastal Plain.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) a site-specific analysis be made of the probable 
        effects, if any, that the drilling or related activities will 
        have on fish and wildlife, their habitat, subsistence 
        resources, and the environment;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the extent practicable) any significant 
        adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the agency or agencies having jurisdiction 
        over matters mitigated by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this subtitle, the Secretary shall 
prepare and promulgate regulations, lease terms, conditions, 
restrictions, prohibitions, stipulations, and other measures designed 
to ensure that the activities undertaken on the Coastal Plain under 
this subtitle are conducted in a manner consistent with the purposes 
and environmental requirements of this subtitle.
    (d) Compliance With Federal and State Environmental Laws and Other 
Requirements.--The proposed regulations, lease terms, conditions, 
restrictions, prohibitions, and stipulations for the leasing program 
under this subtitle shall require compliance with all applicable 
provisions of Federal and State environmental law, and shall also 
require the following:
            (1) Standards at least as effective as the safety and 
        environmental mitigation measures set forth in items 1 through 
        29 at pages 167 through 169 of the ``Final Legislative 
        Environmental Impact Statement'' (April 1987) on the Coastal 
        Plain.
            (2) Seasonal limitations on exploration, development, and 
        related activities, where necessary, to avoid significant 
        adverse effects during periods of concentrated fish and 
        wildlife breeding, denning, nesting, spawning, and migration.
            (3) That exploration activities, except for surface 
        geological studies, be limited to the period between 
        approximately November 1 and May 1 each year and that 
        exploration activities shall be supported, if necessary, by ice 
        roads, winter trails with adequate snow cover, ice pads, ice 
        airstrips, and air transport methods, except that such 
        exploration activities may occur at other times if the 
        Secretary finds that such exploration will have no significant 
        adverse effect on the fish and wildlife, their habitat, and the 
        environment of the Coastal Plain.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (6) Stringent reclamation and rehabilitation requirements, 
        consistent with the standards set forth in this subtitle, 
        requiring the removal from the Coastal Plain of all oil and gas 
        development and production facilities, structures, and 
        equipment upon completion of oil and gas production operations, 
        except that the Secretary may exempt from the requirements of 
        this paragraph those facilities, structures, or equipment that 
        the Secretary determines would assist in the management of the 
        Arctic National Wildlife Refuge and that are donated to the 
        United States for that purpose.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) Avoidance, to the extent practicable, of springs, 
        streams, and river system; the protection of natural surface 
        drainage patterns, wetlands, and riparian habitats; and the 
        regulation of methods or techniques for developing or 
        transporting adequate supplies of water for exploratory 
        drilling.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (13) Treatment and disposal of hazardous and toxic wastes, 
        solid wastes, reserve pit fluids, drilling muds and cuttings, 
        and domestic wastewater, including an annual waste management 
        report, a hazardous materials tracking system, and a 
        prohibition on chlorinated solvents, in accordance with 
        applicable Federal and State environmental law.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States.
    (f) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain subject to 
        subsections (a) and (b) of section 811 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.

SEC. 428. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (1) Deadline.--Subject to paragraph (2), any complaint 
        seeking judicial review of any provision of this subtitle or 
        any action of the Secretary under this subtitle shall be 
        filed--
                    (A) except as provided in subparagraph (B), within 
                the 90-day period beginning on the date of the action 
                being challenged; or
                    (B) in the case of a complaint based solely on 
                grounds arising after such period, within 90 days after 
                the complainant knew or reasonably should have known of 
                the grounds for the complaint.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this subtitle or any action of the Secretary under 
        this subtitle may be filed only in the United States Court of 
        Appeals for the District of Columbia.
            (3) Limitation on scope of certain review.--Judicial review 
        of a Secretarial decision to conduct a lease sale under this 
        subtitle, including the environmental analysis thereof, shall 
        be limited to whether the Secretary has complied with the terms 
        of this subtitle and shall be based upon the administrative 
        record of that decision. The Secretary's identification of a 
        preferred course of action to enable leasing to proceed and the 
        Secretary's analysis of environmental effects under this 
        subtitle shall be presumed to be correct unless shown otherwise 
        by clear and convincing evidence to the contrary.
    (b) Limitation on Other Review.--Actions of the Secretary with 
respect to which review could have been obtained under this section 
shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.

SEC. 429. TREATMENT OF REVENUES.

    Notwithstanding any other provision of law, 50 percent of the 
amount of bonus, rental, and royalty revenues from Federal oil and gas 
leasing and operations authorized under this subtitle shall be 
deposited in the ANWR Alternative Energy Trust Fund established by 
section 432.

SEC. 430. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 423(g) provisions granting rights-of-way and easements 
described in subsection (a) of this section.

SEC. 431. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding the provisions of section 
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192(h)(2)), shall convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

SEC. 432. ANWR ALTERNATIVE ENERGY TRUST FUND.

    (a) Establishment of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the ``ANWR 
Alternative Energy Trust Fund'', consisting of such amounts as may be 
transferred to the ANWR Alternative Energy Trust Fund as provided in 
section 429.
    (b) Expenditures From ANWR Alternative Energy Trust Fund.--
            (1) In general.--Amounts in the ANWR Alternative Energy 
        Trust Fund shall be available without further appropriation to 
        carry out specified provisions of the Energy Policy Act of 2005 
        (Public Law 109-58; in this section referred to as 
        ``EPAct2005'') and the Energy Independence and Security Act of 
        2007 (Public Law 110-140; in this section referred to as 
        ``EISAct2007''), as follows:


------------------------------------------------------------------------
                                            The following  percentage of
                                               annual receipts to  the
                                              ANWR Alternative  Energy
      To carry out the provisions of:          Trust Fund,  but not to
                                             exceed  the limit on amount
                                                 authorized, if any:
------------------------------------------------------------------------
EPAct2005:
    Section 210...........................                   1.5 percent
    Section 242...........................                   1.0 percent
    Section 369...........................                   2.0 percent
    Section 401...........................                   6.0 percent
    Section 812...........................                   6.0 percent
    Section 931...........................                  19.0 percent
    Section 942...........................                   1.5 percent
    Section 962...........................                   3.0 percent
    Section 968...........................                   1.5 percent
    Section 1704..........................                   6.0 percent
EISAct2007:
    Section 207...........................                  15.0 percent
    Section 607...........................                   1.5 percent
    Title VI, Subtitle B..................                   3.0 percent
    Title VI, Subtitle C..................                   1.5 percent
    Section 641...........................                   9.0 percent
    Title VII, Subtitle A.................                  15.0 percent
    Section 1112..........................                   1.5 percent
    Section 1304..........................                  6.0 percent.
------------------------------------------------------------------------

            (2) Apportionment of excess amount.--Notwithstanding 
        paragraph (1), any amounts allocated under paragraph (1) that 
        are in excess of the amounts authorized in the applicable cited 
        section or subtitle of EPAct2005 and EISAct2007 shall be 
        reallocated to the remaining sections and subtitles cited in 
        paragraph (1), up to the amounts otherwise authorized by law to 
        carry out such sections and subtitles, in proportion to the 
        amounts authorized by law to be appropriated for such other 
        sections and subtitles.

                    TITLE V--ENERGY CONSUMERS RELIEF

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 title:
            (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.

    TITLE VI--REPEAL OF THE HEALTH CARE LAW AND HEALTH CARE-RELATED 
 PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Repealing the Health Care Law 
Act''.

SEC. 602. 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.

    TITLE VII--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(e)(1).
            ``(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 policy 
                holders 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)--
            ``(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 under-insured;
                    (B) the availability and cost of health insurance 
                policies for individuals with pre-existing 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 title or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
any other person or circumstance shall not be affected.

            TITLE VIII--RENEWAL OF TRADE PROMOTION AUTHORITY

SEC. 801. RENEWAL OF TRADE PROMOTION AUTHORITY.

    (a) In General.--Section 2103 of the Bipartisan Trade Promotion 
Authority Act of 2002 (19 U.S.C. 3803) is amended--
            (1) in subsection (a)(1), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) may enter into trade agreements with foreign 
                countries--
                            ``(i) on and after the date of the 
                        enactment of the Reducing Employer Burdens, 
                        Unleashing Innovation, and Labor Development 
                        Act of 2013 and before July 1, 2018; or
                            ``(ii) on and after July 1, 2018, and 
                        before July 1, 2020, if trade authorities 
                        procedures are extended under subsection (c); 
                        and'';
            (2) in subsection (b)(1), by striking subparagraph (C) and 
        inserting the following:
            ``(C) The President may enter into a trade agreement under 
        this paragraph--
                    ``(i) on and after the date of the enactment of the 
                Reducing Employer Burdens, Unleashing Innovation, and 
                Labor Development Act of 2013 and before July 1, 2018; 
                or
                    ``(ii) on and after July 1, 2018, and before July 
                1, 2020, if trade authorities procedures are extended 
                under subsection (c).''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``before July 1, 2005'' and inserting ``on and 
                        after the date of the enactment of the Reducing 
                        Employer Burdens, Unleashing Innovation, and 
                        Labor Development Act of 2013 and before July 
                        1, 2018''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``after June 30, 2005, 
                                and before July 1, 2007'' and inserting 
                                ``on or after July 1, 2018, and before 
                                July 1, 2020''; and
                                    (II) in clause (ii), by striking 
                                ``July 1, 2005'' and inserting ``July 
                                1, 2018'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``April 1, 2005'' and 
                inserting ``April 1, 2018'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), in the matter 
                        preceding clause (i), by striking ``June 1, 
                        2005'' and inserting ``June 1, 2018''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``June 1, 2005'' 
                                and inserting ``June 1, 2018''; and
                                    (II) by striking ``the date of 
                                enactment of this Act'' and inserting 
                                ``the date of the enactment of the 
                                Reducing Employer Burdens, Unleashing 
                                Innovation, and Labor Development Act 
                                of 2013''; and
                    (D) in paragraph (5), by striking ``June 30, 2005'' 
                each place it appears and inserting ``June 30, 2018''.
    (b) Treatment of Certain Trade Agreements for Which Negotiations 
Have Already Begun.--Section 2106(a) of the Bipartisan Trade Promotion 
Authority Act of 2002 (19 U.S.C. 3806(a)) is amended by striking 
``applies--'' and all that follows through the end period and inserting 
``applies results from negotiations that were commenced before the date 
of the enactment of the Reducing Employer Burdens, Unleashing 
Innovation, and Labor Development Act of 2013, subsection (b) shall 
apply.''.

              TITLE IX--REFORM OF EXPORT CONTROL POLICIES

SEC. 901. 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 X--EFFICIENT USE OF GOVERNMENT SPECTRUM

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Efficient Use of Government 
Spectrum Act of 2013''.

SEC. 1002. REALLOCATION AND AUCTION OF 1755-1780 MHZ BAND.

    (a) In General.--Notwithstanding paragraph (15)(A) of section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later 
than 3 years after the date of the enactment of the Middle Class Tax 
Relief and Job Creation Act of 2012 (Public Law 112-96), the Commission 
shall--
            (1) reallocate the electromagnetic spectrum described in 
        subsection (d) for commercial use; and
            (2) as part of the system of competitive bidding required 
        by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), 
        grant new initial licenses, subject to flexible-use service 
        rules, for the use of such spectrum, paired with the spectrum 
        between the frequencies from 2155 megahertz to 2180 megahertz, 
        inclusive.
    (b) Auction Proceeds.--For purposes of depositing the proceeds from 
the competitive bidding described in subsection (a)(2) that are 
attributable to the electromagnetic spectrum described in subsection 
(d), such spectrum shall be treated as spectrum that is required to be 
auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)).
    (c) Relocation of and Sharing by Federal Government Stations.--
            (1) Relocation prioritized over sharing.--
                    (A) In general.--Except as provided in paragraph 
                (2), all Federal Government stations in the 
                electromagnetic spectrum described in subsection (d) 
                shall be relocated to other frequencies under the 
                procedures implemented pursuant to section 113(g)(6) of 
                the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 923(g)(6)). 
                Such relocation procedures shall ensure maximum 
                cooperation and coordination between the affected 
                Federal and commercial entities.
                    (B) Department of defense stations.--Section 
                1062(b) of the National Defense Authorization Act for 
                Fiscal Year 2000 (Public Law 106-65; 113 Stat. 768) 
                shall apply to the relocation of stations operated by 
                the Department of Defense in the electromagnetic 
                spectrum described in subsection (d).
            (2) Sharing where relocation not possible.--
                    (A) Identification of stations.--If a Federal 
                entity that operates a Federal Government station in 
                the electromagnetic spectrum described in subsection 
                (d) determines, based on an operational impact 
                assessment, that such station cannot be relocated from 
                such spectrum without jeopardizing essential military 
                capability, such entity shall identify such station in 
                the transition plan of such entity required, by section 
                113(h)(1) of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                923(h)(1)), to be submitted not later than 240 days 
                before the commencement of the competitive bidding 
                described in subsection (a)(2).
                    (B) Required elements of transition plan.--Each 
                transition plan in which a station is identified 
                pursuant to subparagraph (A) shall provide for non-
                Federal users to share with such station the 
                electromagnetic spectrum described in subsection (d). 
                Where exclusion zones are necessary to avoid 
                jeopardizing essential military capability, such plan 
                shall provide for the smallest possible zones necessary 
                for such purpose.
            (3) Withdrawal or modification of assignments.--
                    (A) Withdrawal.--Upon relocation of a Federal 
                Government station pursuant to paragraph (1), the 
                President shall withdraw the assignment to such station 
                of the electromagnetic spectrum described in subsection 
                (d).
                    (B) Modification.--For each Federal Government 
                station identified in a transition plan pursuant to 
                paragraph (2)(A), the President shall modify the 
                assignment to such station of the electromagnetic 
                spectrum described in subsection (d) to permit shared 
                Federal and non-Federal use.
    (d) Spectrum Described.--The electromagnetic spectrum described in 
this subsection is the spectrum between the frequencies from 1755 
megahertz to 1780 megahertz, inclusive.
    (e) Commission Defined.--In this section, the term ``Commission'' 
means the Federal Communications Commission.
                                 <all>