[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 3682

 To increase the competitiveness of American manufacturing by reducing 
   regulatory and other burdens, encouraging greater innovation and 
 investment, and developing a stronger workforce for the twenty-first 
                    century, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2015

 Mr. Guthrie introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Natural Resources, Ways and Means, Education and the Workforce, the 
    Judiciary, House Administration, Rules, Appropriations, Foreign 
  Affairs, Science, Space, and Technology, and Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To increase the competitiveness of American manufacturing by reducing 
   regulatory and other burdens, encouraging greater innovation and 
 investment, and developing a stronger workforce for the twenty-first 
                    century, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) This Act.--This Act may be cited as the ``Reducing Employer 
Burdens, Unleashing Innovation, and Labor Development Act of 2015''.
    (b) Titles VIII and IX.--Titles VIII and IX may be cited as the 
``Lowering Gasoline Prices to Fuel an America That Works Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; sense of the Congress.
               TITLE I--INVESTING IN AMERICA'S WORKFORCE

Sec. 101. Short title.
Sec. 102. Industry-recognized and nationally portable credentials for 
                            job training programs.
Sec. 103. Definitions.
Sec. 104. Rule of construction.
Sec. 105. Effective date.
     TITLE II--EXTENDING RESEARCH AND DEVELOPMENT TAX CREDITS AND 
                  CONSIDERING COMPREHENSIVE TAX REFORM

Sec. 201. Extension of research credit; alternative simplified research 
                            credit increased and made permanent.
Sec. 202. Comprehensive reform of United States tax laws; expedited 
                            consideration.
   TITLE III--PREVENTING EVASION OF DUTY ORDERS AND REFORMING EXPORT 
                                CONTROLS

Sec. 301. Definitions.
Sec. 302. Application to Canada and Mexico.
    Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws

Sec. 311. Trade remedy law enforcement division.
Sec. 312. Collection of information on evasion of trade remedy laws.
Sec. 313. Access to information.
Sec. 314. Cooperation with foreign countries on preventing evasion of 
                            trade remedy laws.
Sec. 315. Trade negotiating objectives.
       Subtitle B--Investigation of Evasion of Trade Remedy Laws

Sec. 321. Procedures for investigation of evasion of antidumping and 
                            countervailing duty orders.
Sec. 322. Government Accountability Office report.
                       Subtitle C--Other Matters

Sec. 331. Allocation and training of personnel.
Sec. 332. Annual report on prevention of evasion of antidumping and 
                            countervailing duty orders.
Sec. 333. Addressing circumvention by new shippers.
Sec. 334. Sense of Congress on reform of export control policies.
             TITLE IV--CREATING FEDERAL SPECTRUM INCENTIVES

Sec. 401. Short title.
Sec. 402. Federal spectrum incentives.
Sec. 403. Costs of incumbent Federal entities related to spectrum 
                            sharing.
   TITLE V--PROVIDING REGULATORY RELIEF, CERTAINTY, AND TRANSPARENCY

                  Subtitle A--Energy Consumers Relief

               Chapter 1--Finalizing Energy-Related Rules

Sec. 501. Prohibition against finalizing certain energy-related rules 
                            that will cause significant adverse effects 
                            to the economy.
Sec. 502. Reports and determinations prior to promulgating as final 
                            certain energy-related rules.
Sec. 503. Definitions.
Sec. 504. Prohibition on use of social cost of carbon in analysis.
           Chapter 2--Electricity Security and Affordability

Sec. 511. Short title.
Sec. 512. Standards of performance for new fossil fuel-fired electric 
                            utility generating units.
Sec. 513. Congress to set effective date for standards of performance 
                            for existing, modified, and reconstructed 
                            fossil fuel-fired electric utility 
                            generating units.
Sec. 514. Repeal of earlier rules and guidelines.
Sec. 515. Definitions.
         Subtitle B--LNG Permitting Certainty and Transparency

Sec. 521. Short title.
Sec. 522. Action on applications.
Sec. 523. Public disclosure of export destinations.
Subtitle C--Preventing Government Waste and Protecting Coal Mining Jobs 
                               in America

Sec. 531. Short title.
Sec. 532. Incorporation of surface mining stream buffer zone rule into 
                            State programs.
 TITLE VI--REDUCING HEALTH CARE BURDENS AND IMPROVING PATIENT COVERAGE

Sec. 601. Repeal of the health care law and health care-related 
                            provisions in the Health Care and Education 
                            Reconciliation Act of 2010.
Sec. 602. No lifetime limits.
Sec. 603. Establish universal access programs to improve high risk 
                            pools and reinsurance markets.
Sec. 604. Elimination of certain requirements for guaranteed 
                            availability in individual market.
Sec. 605. Preventing unjust cancellation of insurance coverage.
                 TITLE VII--LOWERING HEALTH CARE COSTS

   Subtitle A--Cooperative Governing of Individual Health Insurance 
                                Coverage

Sec. 701. Cooperative governing of individual health insurance 
                            coverage.
Sec. 702. Severability.
                 Subtitle B--Medical Malpractice Reform

Sec. 711. Purpose.
Sec. 712. Encouraging speedy resolution of claims.
Sec. 713. Compensating patient injury.
Sec. 714. Maximizing patient recovery.
Sec. 715. Punitive damages.
Sec. 716. Authorization of payment of future damages to claimants in 
                            health care lawsuits.
Sec. 717. Definitions.
Sec. 718. Effect on other laws.
Sec. 719. State flexibility and protection of States' rights.
Sec. 720. Applicability; effective date.
Sec. 721. Protection for emergency and related services furnished 
                            pursuant to EMTALA.
Sec. 722. Constitutional authority.
Sec. 723. Application of the antitrust laws to the business of health 
                            insurance.
Sec. 724. Limitation on liability for volunteer health care 
                            professionals.
             TITLE VIII--PROMOTING OFFSHORE ENERGY AND JOBS

      Subtitle A--Outer Continental Shelf Leasing Program Reforms

Sec. 801. Outer Continental Shelf leasing program reforms.
Sec. 802. Domestic oil and natural gas production goal.
Sec. 803. Development and submittal of new 5-year oil and gas leasing 
                            program.
Sec. 804. Rule of construction.
Sec. 805. Addition of lease sales after finalization of 5-year plan.
      Subtitle B--Directing the President To Conduct New OCS Sales

Sec. 811. Requirement to conduct proposed oil and gas Lease Sale 220 on 
                            the Outer Continental Shelf offshore 
                            Virginia.
Sec. 812. South Carolina lease sale.
Sec. 813. Southern California existing infrastructure lease sale.
Sec. 814. Environmental impact statement requirement.
Sec. 815. National defense.
Sec. 816. Eastern Gulf of Mexico not included.
   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

Sec. 821. Disposition of Outer Continental Shelf revenues to coastal 
                            States.
   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

Sec. 831. Establishment of Under Secretary for Energy, Lands, and 
                            Minerals and Assistant Secretary of Ocean 
                            Energy and Safety.
Sec. 832. Bureau of Ocean Energy.
Sec. 833. Ocean Energy Safety Service.
Sec. 834. Office of Natural Resources revenue.
Sec. 835. Ethics and drug testing.
Sec. 836. Abolishment of Minerals Management Service.
Sec. 837. Conforming amendments to Executive Schedule pay rates.
Sec. 838. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 839. Outer Continental Shelf inspection fees.
Sec. 840. Prohibition on action based on National Ocean Policy 
                            developed under Executive Order No. 13547.
                 Subtitle E--United States Territories

Sec. 851. Application of Outer Continental Shelf Lands Act with respect 
                            to territories of the United States.
                  Subtitle F--Miscellaneous Provisions

Sec. 861. Rules regarding distribution of revenues under Gulf of Mexico 
                            Energy Security Act of 2006.
Sec. 862. Amount of distributed qualified outer Continental Shelf 
                            revenues.
Sec. 863. South Atlantic Outer Continental Shelf Planning Area defined.
Sec. 864. Enhancing geological and geophysical information for 
                            America's energy future.
                      Subtitle G--Judicial Review

Sec. 871. Time for filing complaint.
Sec. 872. District court deadline.
Sec. 873. Ability to seek appellate review.
Sec. 874. Limitation on scope of review and relief.
Sec. 875. Legal fees.
Sec. 876. Exclusion.
Sec. 877. Definitions.
    TITLE IX--INCREASING ONSHORE OIL AND GAS DEVELOPMENT AND ENERGY 
                                SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

Sec. 901. Short title.
Sec. 902. Policies regarding buying, building, and working for America.
           Chapter 1--Onshore Oil and Gas Permit Streamlining

                 subchapter a--miscellaneous provisions

Sec. 911. Short title.
Sec. 912. Permit to drill application timeline.
Sec. 913. Administrative protest documentation reform.
Sec. 914. Making pilot offices permanent to improve energy permitting 
                            on Federal lands.
Sec. 915. Administration of current law.
Sec. 916. Funding oil and gas resource assessments.
Sec. 917. Rule of construction.
                     subchapter b--judicial review

Sec. 921. Definitions.
Sec. 922. Exclusive venue for certain civil actions relating to covered 
                            energy projects.
Sec. 923. Timely filing.
Sec. 924. Expedition in hearing and determining the action.
Sec. 925. Standard of review.
Sec. 926. Limitation on injunction and prospective relief.
Sec. 927. Limitation on attorneys' fees.
Sec. 928. Legal standing.
                Chapter 2--Oil and Gas Leasing Certainty

Sec. 931. Short title.
Sec. 932. Minimum acreage requirement for onshore lease sales.
Sec. 933. Leasing certainty.
Sec. 934. Leasing consistency.
Sec. 935. Reduce redundant policies.
Sec. 936. Streamlined congressional notification.
                          Chapter 3--Oil Shale

Sec. 941. Short title.
Sec. 942. Effectiveness of oil shale regulations, amendments to 
                            resource management plans, and record of 
                            decision.
Sec. 943. Oil shale leasing.
                Subtitle B--Planning for American Energy

Sec. 951. Short title.
Sec. 952. Onshore domestic energy production strategic plan.
        Subtitle C--National Petroleum Reserve in Alaska Access

Sec. 961. Short title.
Sec. 962. Sense of Congress and reaffirming national policy for the 
                            National Petroleum Reserve in Alaska.
Sec. 963. National Petroleum Reserve in Alaska: lease sales.
Sec. 964. National Petroleum Reserve in Alaska: planning and permitting 
                            pipeline and road construction.
Sec. 965. Issuance of a new integrated activity plan and environmental 
                            impact statement.
Sec. 966. Departmental accountability for development.
Sec. 967. Deadlines under new proposed integrated activity plan.
Sec. 968. Updated resource assessment.
                 Subtitle D--BLM Live Internet Auctions

Sec. 971. Short title.
Sec. 972. Internet-based onshore oil and gas lease sales.
                   Subtitle E--Native American Energy

Sec. 981. Short title.
Sec. 982. Appraisals.
Sec. 983. Standardization.
Sec. 984. Environmental reviews of major Federal actions on Indian 
                            lands.
Sec. 985. Judicial review.
Sec. 986. Tribal biomass demonstration project.
Sec. 987. Tribal resource management plans.
Sec. 988. Leases of restricted lands for the Navajo Nation.
Sec. 989. Nonapplicability of certain rules.
    Subtitle F--State Authority for Hydraulic Fracturing Regulation

Sec. 991. Short title.
Sec. 992. State authority for hydraulic fracturing regulation.
Sec. 993. Government Accountability Office study.
Sec. 994. Tribal authority on trust land.
           TITLE X--PROMOTING STEM EDUCATION IN THE WORKFORCE

Sec. 1001. Findings; sense of Congress.
Sec. 1002. STEM Education Advisory Panel.
Sec. 1003. Committee on STEM Education.
Sec. 1004. STEM Education Coordinating Office.
Sec. 1005. Definitions.

SEC. 3. FINDINGS; SENSE OF THE CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Data indicate that manufacturing employees earn a 
        higher average salary and receive greater benefits than workers 
        in other industries.
            (2) Recent data also show that United States manufacturing 
        companies cannot fill as many as 600,000 skilled positions, 
        even as unemployment numbers hover at historically high levels.
            (3) Postsecondary success and workforce readiness can be 
        achieved through attainment of recognized postsecondary 
        credentials.
            (4) Data indicate that United States manufacturers invest a 
        far greater percentage of revenue in research and development 
        than other industries.
            (5) The United States has the highest corporate tax rate in 
        the developed world.
            (6) A recent report indicates that United States 
        manufacturers face a 20 percent structural cost burden compared 
        to companies from the Nation's 9 largest trading partners.
            (7) Excessive Federal regulations are placing a heavy 
        burden on United States manufacturers.
            (8) According to a recent report, it is estimated that 
        pending and recently finalized Environmental Protection Agency 
        regulations alone could cost manufacturers over 
        $100,000,000,000 per year in compliance, plus additional one-
        time costs of over $500,000,000.
            (9) Data indicate that regulatory costs could cut annual 
        United States economic output by as much as $630,000,000,000, 
        or 4.2 percent of Gross Domestic Product, resulting in a net 
        loss of 9,000,000 jobs.
            (10) Expanded domestic resource development would further 
        reduce energy costs, increasing United States manufacturers' 
        competitive advantage.
            (11) Data show that United States manufacturers have 
        reduced energy usage and emissions to below the 1990 levels.
            (12) Reports indicate United States health care costs have 
        increased over 80 percent in the past decade, creating greater 
        personnel costs for manufacturers.
            (13) Data show that United States manufacturers are 
        responsible for 47 percent of total United States exports.
            (14) A widening trade gap with major trade partners means 
        that manufacturers are at risk of losing export market share.
    (b) Sense of the Congress.--It is the sense of the Congress that 
increasing the competitiveness of United States manufacturers will 
strengthen the national economy.

               TITLE I--INVESTING IN AMERICA'S WORKFORCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Investing in America's Workforce 
Act''.

SEC. 102. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR 
              JOB TRAINING PROGRAMS.

    (a) Workforce Investment Act of 1998.--
            (1) Youth activities.--Section 129(c)(1)(C) of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is 
        amended--
                    (A) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively; and
                    (B) by inserting after clause (i) the following:
                            ``(ii) training (which may include priority 
                        consideration for training programs that lead 
                        to recognized postsecondary credentials (as 
                        defined in section 104 of the Investing in 
                        America's Workforce Act) that are aligned with 
                        in-demand occupations or industries in the 
                        local area involved, if the local board 
                        determines that the programs meet the quality 
                        criteria described in section 123);''.
            (2) General employment and training activities.--Section 
        134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2864(d)(4)(F)) is amended by adding at the end the following:
                            ``(iv) Programs that lead to an industry-
                        recognized and nationally portable 
                        credential.--In assisting individuals in 
                        selecting programs of training services under 
                        this section, a one-stop operator and employees 
                        of a one-stop center referred to in subsection 
                        (c) may give priority consideration to programs 
                        (approved in conjunction with eligibility 
                        decisions made under section 122) that lead to 
                        recognized postsecondary credentials (as 
                        defined in section 103 of the Investing in 
                        America's Workforce Act) that are aligned with 
                        in-demand occupations or industries in the 
                        local area involved.''.
            (3) Criteria.--
                    (A) General employment and training activities.--
                Section 122(b)(2)(D) of the Workforce Investment Act of 
                1998 (29 U.S.C. 2842(b)(2)(D)) is amended--
                            (i) in clause (ii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iii), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) in the case of a provider of a 
                        program of training services that leads to a 
                        recognized postsecondary credential (as defined 
                        in section 103 of the Investing in America's 
                        Workforce Act), that the program leading to the 
                        credential meets such quality criteria as the 
                        Governor shall establish.''.
                    (B) Youth activities.--Section 123 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2843) is amended by 
                inserting ``(including such quality criteria as the 
                Governor shall establish for a training program that 
                leads to a recognized postsecondary credential (as 
                defined in section 103 of the Investing in America's 
                Workforce Act))'' after ``plan''.
    (b) Career and Technical Education.--
            (1) State plan.--Section 122(c)(1)(B) of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2342(c)(1)(B)) is amended--
                    (A) by striking ``(B) how'' and inserting ``(B)(i) 
                how'';
                    (B) by inserting ``and'' after the semicolon; and
                    (C) by adding at the end the following
                    ``(ii) in the case of an eligible entity that, in 
                developing and implementing programs of study leading 
                to recognized postsecondary credentials, desires to 
                give a priority to such programs that are aligned with 
                in-demand occupations or industries in the area served 
                (as determined by the eligible agency) and that may 
                provide a basis for additional credentials, 
                certificates, or degree, how the entity will do so;''.
            (2) Use of local funds.--Section 134(b) of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2354(b)) is amended--
                    (A) in paragraph (11), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (12)(B), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) describe the career and technical education 
        activities supporting the attainment of recognized 
        postsecondary credentials (as defined in section 103 of the 
        Investing in America's Workforce Act), and, in the case of an 
        eligible recipient that desires to provide priority 
        consideration to certain programs of study in accordance with 
        the State plan under section 122(c)(1)(B), how the eligible 
        recipient will give priority consideration to such 
        activities.''.
            (3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl 
        D. Perkins Career and Technical Education Act of 2006 (20 
        U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
        recognized credential, a certificate,'' and inserting 
        ``recognized postsecondary credential (as defined in section 
        103 of the Investing in America's Workforce Act and approved by 
        the eligible agency),''.
    (c) Training Programs Under TAA.--Section 236(a) of the Trade Act 
of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the 
following:
    ``(12) In approving training programs for adversely affected 
workers and adversely affected incumbent workers under paragraph (1), 
the Secretary may give priority consideration to workers seeking 
training through programs that are approved in conjunction with 
eligibility decisions made under section 122 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized 
postsecondary credentials (as defined in section 103 of the Investing 
in America's Workforce Act) that are aligned with in-demand occupations 
or industries in the local area (defined for purposes of title I of the 
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) involved.''.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Industry-recognized.--The term ``industry-recognized'', 
        used with respect to a credential, means a credential that--
                    (A) is sought or accepted by employers within the 
                industry sector involved as recognized, preferred, or 
                required for recruitment, screening, hiring, or 
                advancement; and
                    (B) is a nationally portable credential, meaning a 
                credential that is sought or accepted across multiple 
                States, as described in subparagraph (A).
            (2) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' means a credential 
        consisting of an industry-recognized credential for 
        postsecondary training, a certificate that meets the 
        requirements of subparagraphs (A) and (C) of paragraph (1) for 
        postsecondary training, a certificate of completion of a 
        postsecondary apprenticeship through a program described in 
        section 122(a)(2)(B) of the Workforce Investment Act of 1998 
        (29 U.S.C. 2842(a)(2)(B)), or an associate degree or 
        baccalaureate degree awarded by an institution of higher 
        education (as defined in section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002)).

SEC. 104. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to require an entity with 
responsibility for selecting or approving an education, training, or 
workforce investment activities program with regard to a covered 
provision, to select a program with a recognized postsecondary 
credential or certificate as defined by this title.

SEC. 105. EFFECTIVE DATE.

    This title, and the amendments made by this title, take effect 120 
days after the date of enactment of this Act.

     TITLE II--EXTENDING RESEARCH AND DEVELOPMENT TAX CREDITS AND 
                  CONSIDERING COMPREHENSIVE TAX REFORM

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

    (a) Extension of Credit.--
            (1) In general.--Paragraph (1) of section 41(h) of the 
        Internal Revenue Code of 1986 is amended by striking ``December 
        31, 2014'' and inserting ``December 31, 2016''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to amounts paid or incurred after December 31, 
        2014.
    (b) Alternative Simplified Research Credit Increased and Made 
Permanent.--
            (1) Increased credit.--Subparagraph (A) of section 41(c)(5) 
        of such Code (relating to election of alternative simplified 
        credit) is amended by striking ``14 percent (12 percent in the 
        case of taxable years ending before January 1, 2009)'' and 
        inserting ``20 percent''.
            (2) Credit made permanent.--
                    (A) In general.--Subsection (h) of section 41 of 
                such Code is amended by redesignating the paragraph (2) 
                relating to computation of taxable year in which credit 
                terminates as paragraph (4) and by inserting before 
                such paragraph the following new paragraph:
            ``(3) Termination not to apply to alternative simplified 
        credit.--Paragraph (1) shall not apply to the credit determined 
        under subsection (c)(5).''.
                    (B) Conforming amendment.--Paragraph (4) of section 
                41(h) of such Code, as redesignated by subparagraph 
                (A), is amended to read as follows:
            ``(4) Computation for taxable year in which credit 
        terminates.--In the case of any taxable year with respect to 
        which this section applies to a number of days which is less 
        than the total number of days in such taxable year, the amount 
        determined under subsection (c)(1)(B) with respect to such 
        taxable year shall be the amount which bears the same ratio to 
        such amount (determined without regard to this paragraph) as 
        the number of days in such taxable year to which this section 
        applies bears to the total number of days in such taxable 
        year.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after December 31, 2014.

SEC. 202. COMPREHENSIVE REFORM OF UNITED STATES TAX LAWS; EXPEDITED 
              CONSIDERATION.

    (a) Definition.--For purposes of this section, the term ``tax 
reform bill'' means a bill of the 114th Congress--
            (1) introduced in the House of Representatives by the chair 
        of the Committee on Ways and Means not later than the end of 
        the 114th Congress the title of which is as follows: ``A bill 
        to provide for comprehensive tax reform.''; and
            (2) which is the subject of a certification under 
        subsection (b).
    (b) Certification.--The chair of the Joint Committee on Taxation 
shall notify the House and Senate in writing whenever the chair of the 
Joint Committee determines that an introduced bill described in 
subsection (a)(1) contains at least each of the following proposals:
            (1) A transition to a more globally competitive corporate 
        tax code for United States businesses.
            (2) A reduction in the complexity of the tax code.
            (3) The elimination of special interest loopholes.
    (c) Expedited Consideration in the House of Representatives.--
            (1) Any committee of the House of Representatives to which 
        the tax reform bill is referred shall report it to the House 
        not later than 20 calendar days after the date of its 
        introduction. If a committee fails to report the tax reform 
        bill within that period, such committee shall be automatically 
        discharged from further consideration of the bill.
            (2) If the House has not otherwise proceeded to the 
        consideration of the tax reform bill upon the expiration of 15 
        legislative days after the bill has been placed on the Union 
        Calendar, it shall be in order for the Majority Leader or a 
        designee (or, after the expiration of an additional 2 
        legislative days, any Member), to offer one motion that the 
        House resolve into the Committee of the Whole House on the 
        state of the Union for the consideration of the tax reform 
        bill. The previous question shall be considered as ordered on 
        the motion to its adoption without intervening motion except 20 
        minutes of debate equally divided and controlled by the 
        proponent and an opponent. If such a motion is adopted, 
        consideration shall proceed in accordance with paragraph (3). A 
        motion to reconsider the vote by which the motion is disposed 
        of shall not be in order.
            (3) The first reading of the bill shall be dispensed with. 
        General debate shall be confined to the bill and shall not 
        exceed 4 hours, equally divided and controlled by the chair and 
        ranking minority member of the Committee on Ways and Means. At 
        the conclusion of general debate, the bill shall be read for 
        amendment under the five-minute rule. Any committee amendment 
        shall be considered as read. At the conclusion of consideration 
        of the bill for amendment the Committee shall rise and report 
        the bill to the House with such amendments as may have been 
        adopted. The previous question shall be considered as ordered 
        on the bill and amendments thereto to final passage without 
        intervening motion except one motion to recommit with or 
        without instructions. A motion to reconsider the vote on 
        passage of the bill shall not be in order.
    (d) Expedited Consideration in the Senate.--
            (1) Committee consideration.--A tax reform bill, as defined 
        in subsection (a), received in the Senate shall be referred to 
        the Committee on Finance. The Committee shall report the bill 
        not later than 15 calendar days after receipt of the bill in 
        the Senate. If the Committee fails to report the bill within 
        that period, that committee shall be discharged from 
        consideration of the bill, and the bill shall be placed on the 
        calendar.
            (2) Motion to proceed.--Notwithstanding rule XXII of the 
        Standing Rules of the Senate, it is in order, not later than 2 
        days of session after the date on which the tax reform bill is 
        reported or discharged from committee, for the majority leader 
        of the Senate or the majority leader's designee to move to 
        proceed to the consideration of the tax reform bill. It shall 
        also be in order for any Member of the Senate to move to 
        proceed to the consideration of the tax reform bill at any time 
        after the conclusion of such 2-day period. A motion to proceed 
        is in order even though a previous motion to the same effect 
        has been disagreed to. All points of order against the motion 
        to proceed to the tax reform bill are waived. The motion to 
        proceed is not debatable. The motion is not subject to a motion 
        to postpone.
            (3) Consideration.--No motion to recommit shall be in order 
        and debate on any motion or appeal shall be limited to one 
        hour, to be divided in the usual form.
            (4) Amendments.--All amendments must be relevant to the 
        bill and debate on any amendment shall be limited to 2 hours to 
        be equally divided in the usual form between the opponents and 
        proponents of the amendment. Debate on any amendment to an 
        amendment, debatable motion, or appeal shall be limited to 1 
        hour to be equally divided in the usual form between the 
        opponents and proponents of the amendment.
            (5) Vote on passage.--If the Senate has proceeded to the 
        bill, and following the conclusion of all debate, the Senate 
        shall proceed to a vote on passage of the bill as amended, if 
        amended.
    (e) Conference in the House.--If the House receives a message that 
the Senate has passed the tax reform bill with an amendment or 
amendments, it shall be in order for the chair of the Committee on Ways 
and Means or a designee, without intervention of any point of order, to 
offer any motion specified in clause 1 of rule XXII.
    (f) Conference in the Senate.--If the Senate receives from the 
House a message to accompany the tax reform bill, as defined in 
subsection (a), then no later than two session days after its receipt--
            (1) the Chair shall lay the message before the Senate;
            (2) the motion to insist on the Senate amendment or 
        disagree to the House amendment or amendments to the Senate 
        amendment, the request for a conference with the House or the 
        motion to agree to the request of the House for a conference, 
        and the motion to authorize the Chair to appoint conferees on 
        the part of the Senate shall be agreed to; and
            (3) the Chair shall then be authorized to appoint conferees 
        on the part of the Senate without intervening motion, with a 
        ratio agreed to with the concurrence of both leaders.
    (g) Rulemaking.--This section is enacted by the Congress as an 
exercise of the rulemaking power of the House of Representatives and 
Senate, respectively, and as such is deemed a part of the rules of each 
House, respectively, or of that House to which they specifically apply, 
and such procedures supersede other rules only to the extent that they 
are inconsistent with such rules; and with full recognition of the 
constitutional right of either House to change the rules (so far as 
relating to the procedures of that House) at any time, in the same 
manner, and to the same extent as any other rule of that House.

   TITLE III--PREVENTING EVASION OF DUTY ORDERS AND REFORMING EXPORT 
                                CONTROLS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Finance and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Ways and Means and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (3) Covered merchandise.--The term ``covered merchandise'' 
        means merchandise that is subject to--
                    (A) a countervailing duty order issued under 
                section 706 of the Tariff Act of 1930; or
                    (B) an antidumping duty order issued under section 
                736 of the Tariff Act of 1930.
            (4) Eligible small business.--
                    (A) In general.--The term ``eligible small 
                business'' means any business concern which, in the 
                Commissioner's judgment, due to its small size, has 
                neither adequate internal resources nor financial 
                ability to obtain qualified outside assistance in 
                preparing and submitting for consideration allegations 
                of evasion.
                    (B) Nonreviewability.--Any agency decision 
                regarding whether a business concern is an eligible 
                small business for purposes of section 311(b)(4)(E) is 
                not reviewable by any other agency or by any court.
            (5) Enter; entry.--The terms ``enter'' and ``entry'' refer 
        to the entry, or withdrawal from warehouse for consumption, in 
        the customs territory of the United States.
            (6) Evade; evasion.--The terms ``evade'' and ``evasion'' 
        refer to entering covered merchandise into the customs 
        territory of the United States by means of any document or 
        electronically transmitted data or information, written or oral 
        statement, or act that is material and false, or any omission 
        that is material, and that results in any cash deposit or other 
        security or any amount of applicable antidumping or 
        countervailing duties being reduced or not being applied with 
        respect to the merchandise.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (8) Trade remedy laws.--The term ``trade remedy laws'' 
        means title VII of the Tariff Act of 1930.

SEC. 302. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement 
and section 408 of the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3438), this title and the amendments made 
by this title shall apply with respect to goods from Canada and Mexico.

    Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws

SEC. 311. TRADE REMEDY LAW ENFORCEMENT DIVISION.

    (a) Establishment.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish and maintain within the Office of International Trade 
        of U.S. Customs and Border Protection, established under 
        section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, 
        chapter 348; 19 U.S.C. 2072(d)), a Trade Remedy Law Enforcement 
        Division.
            (2) Composition.--The Trade Law Remedy Enforcement Division 
        shall be composed of--
                    (A) headquarters personnel led by a Director, who 
                shall report to the Assistant Commissioner of the 
                Office of International Trade; and
                    (B) a National Targeting and Analysis Group 
                dedicated to preventing and countering evasion.
            (3) Duties.--The Trade Remedy Law Enforcement Division 
        shall be dedicated--
                    (A) to the development and administration of 
                policies to prevent and counter evasion;
                    (B) to direct enforcement and compliance assessment 
                activities concerning evasion;
                    (C) to the development and conduct of commercial 
                risk assessment targeting with respect to cargo 
                destined for the United States in accordance with 
                subsection (c);
                    (D) to issuing Trade Alerts described in subsection 
                (d); and
                    (E) to the development of policies for the 
                application of single entry and continuous bonds for 
                entries of covered merchandise to sufficiently protect 
                the collection of antidumping and countervailing duties 
                commensurate with the level of risk of noncollection.
    (b) Duties of Director.--The duties of the Director of the Trade 
Remedy Law Enforcement Division shall include--
            (1) directing the trade enforcement and compliance 
        assessment activities of U.S. Customs and Border Protection 
        that concern evasion;
            (2) facilitating, promoting, and coordinating cooperation 
        and the exchange of information between U.S. Customs and Border 
        Protection, U.S. Immigration and Customs Enforcement, and other 
        relevant agencies regarding evasion;
            (3) notifying on a timely basis the administering authority 
        (as defined in section 771(1) of the Tariff Act of 1930 (19 
        U.S.C. 1677(1))) and the Commission (as defined in section 
        771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
        finding, determination, civil action, or criminal action taken 
        by U.S. Customs and Border Protection or other Federal agency 
        regarding evasion;
            (4) serving as the primary liaison between U.S. Customs and 
        Border Protection and the public regarding United States 
        Government activities concerning evasion, including--
                    (A) receive and transmit to the appropriate U.S. 
                Customs and Border Protection office allegations from 
                parties of evasion;
                    (B) upon request by the party or parties that 
                submitted an allegation of evasion, provide information 
                to such party or parties on the status of U.S. Customs 
                and Border Protection's consideration of the allegation 
                and decision to pursue or not pursue any administrative 
                inquiries or other actions, such as changes in 
                policies, procedures, or resource allocation as a 
                result of the allegation;
                    (C) as needed, request from the party or parties 
                that submitted an allegation of evasion any additional 
                information that may be relevant for U.S. Customs and 
                Border Protection determining whether to initiate an 
                administrative inquiry or take any other action 
                regarding the allegation;
                    (D) notify on a timely basis the party or parties 
                that submitted such an allegation of the results of any 
                administrative, civil or criminal actions taken by U.S. 
                Customs and Border Protection or other Federal agency 
                regarding evasion as a direct or indirect result of the 
                allegation;
                    (E) upon request, provide technical assistance and 
                advice to eligible small businesses to enable such 
                businesses to prepare and submit allegations of 
                evasion, except that the Director may deny assistance 
                if the Director concludes that the allegation, if 
                submitted, would not lead to the initiation of an 
                administrative inquiry or any other action to address 
                the allegation;
                    (F) in cooperation with the public, the Commercial 
                Customs Operations Advisory Committee, the Trade 
                Support Network, and any other relevant parties and 
                organizations, develop guidelines on the types and 
                nature of information that may be provided in 
                allegations of evasion; and
                    (G) regularly consult with the public, the 
                Commercial Customs Operations Advisory Committee, the 
                Trade Support Network, and any other relevant parties 
                and organizations regarding the development and 
                implementation of regulations, interpretations, and 
                policies related to countering evasion.
    (c) Preventing and Countering Evasion of the Trade Remedy Laws.--In 
carrying out its duties with respect to preventing and countering 
evasion, the National Targeting and Analysis Group dedicated to 
preventing and countering evasion shall--
            (1) establish targeted risk assessment methodologies and 
        standards--
                    (A) for evaluating the risk that cargo destined for 
                the United States may constitute evading covered 
                merchandise; and
                    (B) for issuing, as appropriate, Trade Alerts 
                described in subsection (d); and
            (2) to the extent practicable and otherwise authorized by 
        law, use information available from the Automated Commercial 
        System, the Automated Commercial Environment computer system, 
        the Automated Targeting System, the Automated Export System, 
        the International Trade Data System, and the TECS, and any 
        similar and successor systems, to administer the methodologies 
        and standards established under paragraph (1).
    (d) Trade Alerts.--Based upon the application of the targeted risk 
assessment methodologies and standards established under subsection 
(c), the Director of the Trade Remedy Law Enforcement Division shall 
issue Trade Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, physical 
examination, or testing of merchandise to ensure compliance with the 
trade remedy laws and to require additional bonds, cash deposits, or 
other security to ensure collection of any duties, taxes and fees owed.

SEC. 312. COLLECTION OF INFORMATION ON EVASION OF TRADE REMEDY LAWS.

    (a) Authority To Collect Information.--To determine whether covered 
merchandise is being entered into the customs territory of the United 
States through evasion, the Secretary, acting through the 
Commissioner--
            (1) shall exercise all existing authorities to collect 
        information needed to make the determination; and
            (2) may collect such additional information as is necessary 
        to make the determination through such methods as the 
        Commissioner considers appropriate, including by issuing 
        questionnaires with respect to the entry or entries at issue 
        to--
                    (A) a person who filed an allegation with respect 
                to the covered merchandise;
                    (B) a person who is alleged to have entered the 
                covered merchandise into the customs territory of the 
                United States through evasion; or
                    (C) any other person who is determined to have 
                information relevant to the allegation of entry of 
                covered merchandise into the customs territory of the 
                United States through evasion.
    (b) Adverse Inference.--
            (1) In general.--If the Secretary finds that a person who 
        filed an allegation, a person alleged to have entered covered 
        merchandise into the customs territory of the United States 
        through evasion, or a foreign producer or exporter of covered 
        merchandise that is alleged to have entered into the customs 
        territory of the United States through evasion, has failed to 
        cooperate by not acting to the best of the person's ability to 
        comply with a request for information, the Secretary may, in 
        making a determination whether an entry or entries of covered 
        merchandise may constitute merchandise that is entered into the 
        customs territory of the United States through evasion, use an 
        inference that is adverse to the interests of that person in 
        selecting from among the facts otherwise available to determine 
        whether evasion has occurred.
            (2) Adverse inference described.--An adverse inference used 
        under paragraph (1) may include reliance on information derived 
        from--
                    (A) the allegation of evasion of the trade remedy 
                laws, if any, submitted to U.S. Customs and Border 
                Protection;
                    (B) a determination by the Commissioner in another 
                investigation, proceeding, or other action regarding 
                evasion of the unfair trade laws; or
                    (C) any other available information.

SEC. 313. ACCESS TO INFORMATION.

    (a) In General.--Section 777(b)(1)(A)(ii) of the Tariff Act of 1930 
(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ``negligence, 
gross negligence, or'' after ``regarding''.
    (b) Additional Information.--Notwithstanding any other provision of 
law, the Secretary is authorized to provide to the Secretary of 
Commerce or the United States International Trade Commission any 
information that is necessary to enable the Secretary of Commerce or 
the United States International Trade Commission to assist the 
Secretary to identify, through risk assessment targeting or otherwise, 
covered merchandise that is entered into the customs territory of the 
United States through evasion.

SEC. 314. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING EVASION OF 
              TRADE REMEDY LAWS.

    (a) Bilateral Agreements.--
            (1) In general.--The Secretary shall seek to negotiate and 
        enter into bilateral agreements with the customs authorities or 
        other appropriate authorities of foreign countries for purposes 
        of cooperation on preventing evasion of the trade remedy laws 
        of the United States and the trade remedy laws of the other 
        country.
            (2) Provisions and authorities.--The Secretary shall seek 
        to include in each such bilateral agreement the following 
        provisions and authorities:
                    (A) On the request of the importing country, the 
                exporting country shall provide, consistent with its 
                laws, regulations, and procedures, production, trade, 
                and transit documents and other information necessary 
                to determine whether an entry or entries exported from 
                the exporting country are subject to the importing 
                country's trade remedy laws.
                    (B) On the written request of the importing 
                country, the exporting country shall conduct a 
                verification for purposes of enabling the importing 
                country to make a determination described in 
                subparagraph (A).
                    (C) The exporting country may allow the importing 
                country to participate in a verification described in 
                subparagraph (B), including through a site visit.
                    (D) If the exporting country does not allow 
                participation of the importing country in a 
                verification described in subparagraph (B), the 
                importing country may take this fact into consideration 
                in its trade enforcement and compliance assessment 
                activities regarding the compliance of the exporting 
                country's exports with the importing country's trade 
                remedy laws.
    (b) Consideration.--The Commissioner is authorized to take into 
consideration whether a country is a signatory to a bilateral agreement 
described in subsection (a) and the extent to which the country is 
cooperating under the bilateral agreement for purposes of trade 
enforcement and compliance assessment activities of U.S. Customs and 
Border Protection that concern evasion by such country's exports.
    (c) Report.--Not later than December 31 of each year beginning 
after the date of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a report summarizing--
            (1) the status of any ongoing negotiations of bilateral 
        agreements described in subsection (a), including the 
        identities of the countries involved in such negotiations;
            (2) the terms of any completed bilateral agreements 
        described in subsection (a); and
            (3) bilateral cooperation and other activities conducted 
        pursuant to or enabled by any completed bilateral agreements 
        described in subsection (a).

SEC. 315. TRADE NEGOTIATING OBJECTIVES.

    The principal negotiating objectives of the United States shall 
include obtaining the objectives of the bilateral agreements described 
under section 314(a) for any trade agreements under negotiation as of 
the date of the enactment of this Act or future trade agreement 
negotiations.

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

SEC. 321. PROCEDURES FOR INVESTIGATION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.) is amended by inserting after section 781 the following:

``SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    ``(a) Definitions.--In this section:
            ``(1) Administering authority.--The term `administering 
        authority' has the meaning given that term in section 771.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of U.S. Customs and Border Protection.
            ``(3) Covered merchandise.--The term `covered merchandise' 
        means merchandise that is subject to--
                    ``(A) a countervailing duty order issued under 
                section 706; or
                    ``(B) an antidumping duty order issued under 
                section 736.
            ``(4) Evasion.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `evasion' refers to entering 
                covered merchandise into the customs territory of the 
                United States by means of any document or 
                electronically transmitted data or information, written 
                or oral statement, or act that is material and false, 
                or any omission that is material, and that results in 
                any cash deposit or other security or any amount of 
                applicable antidumping or countervailing duties being 
                reduced or not being applied with respect to the 
                merchandise.
                    ``(B) Exception for clerical error.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `evasion' does not 
                        include entering covered merchandise into the 
                        customs territory of the United States by means 
                        of--
                                    ``(I) a document or electronically 
                                transmitted data or information, 
                                written or oral statement, or act that 
                                is false as a result of a clerical 
                                error; or
                                    ``(II) an omission that results 
                                from a clerical error.
                            ``(ii) Patterns of negligent conduct.--If 
                        the administering authority determines that a 
                        person has entered covered merchandise into the 
                        customs territory of the United States by means 
                        of a clerical error referred to in subclause 
                        (I) or (II) of clause (i) and that the clerical 
                        error is part of a pattern of negligent conduct 
                        on the part of that person, the administering 
                        authority may determine, notwithstanding clause 
                        (i), that the person has entered such covered 
                        merchandise into the customs territory of the 
                        United States by means of evasion.
                            ``(iii) Electronic repetition of errors.--
                        For purposes of clause (ii), the mere 
                        unintentional repetition by an electronic 
                        system of an initial clerical error does not 
                        constitute a pattern of negligent conduct.
                            ``(iv) Rule of construction.--A 
                        determination by the administering authority 
                        that a person has entered covered merchandise 
                        into the customs territory of the United States 
                        by means of a clerical error referred to in 
                        subclause (I) or (II) of clause (i) rather than 
                        by means of evasion shall not be construed to 
                        excuse that person from the payment of any 
                        duties applicable to the merchandise.
    ``(b) Investigation by Administering Authority.--
            ``(1) Procedures for initiating investigations.--
                    ``(A) Initiation by administering authority.--An 
                investigation under this subsection shall be initiated 
                with respect to merchandise imported into the United 
                States whenever the administering authority determines, 
                from information available to the administering 
                authority, that an investigation is warranted with 
                respect to whether the merchandise is covered 
                merchandise that has entered into the customs territory 
                of the United States by means of evasion.
                    ``(B) Initiation by petition or referral.--
                            ``(i) In general.--The administering 
                        authority shall determine whether to initiate 
                        an investigation under this subparagraph not 
                        later than 30 days after the date on which the 
                        administering authority receives a petition 
                        described in clause (ii) or a referral 
                        described in clause (iii).
                            ``(ii) Petition described.--A petition 
                        described in this clause is a petition that--
                                    ``(I) is filed with the 
                                administering authority by an 
                                interested party specified in 
                                subparagraph (A), (C), (D), (E), (F), 
                                or (G) of section 771(9);
                                    ``(II) alleges that merchandise 
                                imported into the United States is 
                                covered merchandise that has entered 
                                into the customs territory of the 
                                United States by means of evasion; and
                                    ``(III) is accompanied by 
                                information reasonably available to the 
                                petitioner supporting those 
                                allegations.
                            ``(iii) Referral described.--A referral 
                        described in this clause is a referral made by 
                        the Commissioner pursuant to subsection (c)(1).
            ``(2) Time limits for determinations.--
                    ``(A) Preliminary determination.--
                            ``(i) In general.--Not later than 90 days 
                        after the administering authority initiates an 
                        investigation under paragraph (1) with respect 
                        to merchandise, the administering authority 
                        shall issue a preliminary determination, based 
                        on information available to the administering 
                        authority at the time of the determination, 
                        with respect to whether there is a reasonable 
                        basis to believe or suspect that the 
                        merchandise is covered merchandise that has 
                        entered into the customs territory of the 
                        United States by means of evasion.
                            ``(ii) Expedited procedures.--If the 
                        administering authority determines that 
                        expedited action is warranted with respect to 
                        an investigation initiated under paragraph (1), 
                        the administering authority may publish the 
                        notice of initiation of the investigation and 
                        the notice of the preliminary determination in 
                        the Federal Register at the same time.
                    ``(B) Final determination by the administering 
                authority.--Not later than 300 days after the date on 
                which the administering authority initiates an 
                investigation under paragraph (1) with respect to 
                merchandise, the administering authority shall issue a 
                final determination with respect to whether the 
                merchandise is covered merchandise that has entered 
                into the customs territory of the United States by 
                means of evasion.
            ``(3) Access to information.--
                    ``(A) Entry documents, records, and other 
                information.--Not later than 10 days after receiving a 
                request from the administering authority with respect 
                to merchandise that is the subject of an investigation 
                under paragraph (1), the Commissioner shall transmit to 
                the administering authority copies of the documentation 
                and information required by section 484(a)(1) with 
                respect to the entry of the merchandise, as well as any 
                other documentation or information requested by the 
                administering authority.
                    ``(B) Access of interested parties.--Not later than 
                10 business days after the date on which the 
                administering authority initiates an investigation 
                under paragraph (1) with respect to merchandise, the 
                administering authority shall provide to the authorized 
                representative of each interested party that filed a 
                petition under paragraph (1) or otherwise participates 
                in a proceeding, pursuant to a protective order, the 
                copies of the entry documentation and any other 
                information received by the administering authority 
                under subparagraph (A).
                    ``(C) Business proprietary information from prior 
                segments.--If an authorized representative of an 
                interested party participating in an investigation 
                under paragraph (1) has access to business proprietary 
                information released pursuant to an administrative 
                protective order in a proceeding under subtitle A, B, 
                or C of title VII of the Tariff Act of 1930 that is 
                relevant to the investigation conducted under paragraph 
                (1), that authorized representative may submit such 
                information to the administering authority for its 
                consideration in the context of the investigation 
                conducted under paragraph (1).
            ``(4) Authority to collect and verify additional 
        information.--In making a determination under paragraph (2) 
        with respect to covered merchandise, the administering 
        authority may collect such additional information as is 
        necessary to make the determination through such methods as the 
        administering authority considers appropriate, including by--
                    ``(A) issuing a questionnaire with respect to such 
                covered merchandise to--
                            ``(i) a person that filed an allegation 
                        under paragraph (1)(B)(ii) that resulted in the 
                        initiation of an investigation under paragraph 
                        (1)(A) with respect to such covered 
                        merchandise;
                            ``(ii) a person alleged to have entered 
                        such covered merchandise into the customs 
                        territory of the United States by means of 
                        evasion;
                            ``(iii) a person that is a foreign producer 
                        or exporter of such covered merchandise; or
                            ``(iv) the government of a country from 
                        which such covered merchandise was exported;
                    ``(B) conducting verifications, including on-site 
                verifications, of any relevant information; and
                    ``(C) requesting--
                            ``(i) that the Commissioner provide any 
                        information and data available to U.S. Customs 
                        and Border Protection; and
                            ``(ii) that the Commissioner gather 
                        additional necessary information from the 
                        importer of covered merchandise and other 
                        relevant parties.
            ``(5) Adverse inference.--If the administering authority 
        finds that a person described in clause (i), (ii), or (iii) of 
        paragraph (4)(A) has failed to cooperate by not acting to the 
        best of the person's ability to comply with a request for 
        information, the administering authority may, in making a 
        determination under paragraph (2), use an inference that is 
        adverse to the interests of that person in selecting from among 
        the facts otherwise available to make the determination.
            ``(6) Effect of affirmative preliminary determination.--If 
        the administering authority makes a preliminary determination 
        under paragraph (2)(A) that merchandise is covered merchandise 
        that has entered into the customs territory of the United 
        States by means of evasion, the administering authority shall 
        instruct U.S. Customs and Border Protection--
                    ``(A) to suspend liquidation of each entry of the 
                merchandise that--
                            ``(i) enters on or after the date of the 
                        preliminary determination; or
                            ``(ii) enters before that date, if the 
                        liquidation of the entry is not final on that 
                        date; and
                    ``(B) to require the posting of a cash deposit for 
                each entry of the merchandise in an amount determined 
                pursuant to the order, or administrative review 
                conducted under section 751, that applies to the 
                merchandise.
            ``(7) Effect of affirmative final determination.--
                    ``(A) In general.--If the administering authority 
                makes a final determination under paragraph (2)(B) that 
                merchandise is covered merchandise that has entered 
                into the customs territory of the United States by 
                means of evasion, the administering authority shall 
                instruct U.S. Customs and Border Protection--
                            ``(i) to assess duties on the merchandise 
                        in an amount determined pursuant to the order, 
                        or administrative review conducted under 
                        section 751, that applies to the merchandise;
                            ``(ii) notwithstanding section 501, to 
                        reliquidate, in accordance with such order or 
                        administrative review, each entry of the 
                        merchandise that was liquidated and is 
                        determined to include covered merchandise; and
                            ``(iii) to review and reassess the amount 
                        of bond or other security the importer is 
                        required to post for such merchandise entered 
                        on or after the date of the final determination 
                        to ensure the protection of revenue and 
                        compliance with the law.
                    ``(B) Additional authority.--If the administering 
                authority makes a final determination under paragraph 
                (2)(B) that merchandise is covered merchandise that has 
                entered into the customs territory of the United States 
                by means of evasion, the administering authority may 
                instruct U.S. Customs and Border Protection to require 
                the importer of the merchandise to post a cash deposit 
                or bond on such merchandise entered on or after the 
                date of the final determination in an amount the 
                administering authority determines in the final 
                determination to be owed with respect to the 
                merchandise.
            ``(8) Effect of negative final determination.--If the 
        administering authority makes a final determination under 
        paragraph (2)(B) that merchandise is not covered merchandise 
        that has entered into the customs territory of the United 
        States by means of evasion, the administering authority shall 
        terminate the suspension of liquidation and refund any cash 
        deposit imposed pursuant to paragraph (6) with respect to the 
        merchandise.
            ``(9) Notification.--Not later than 5 business days after 
        making a determination under paragraph (2) with respect to 
        covered merchandise, the administering authority may provide to 
        importers, in such manner as the administering authority 
        determines appropriate, information discovered in the 
        investigation that the administering authority determines will 
        help educate importers with respect to importing merchandise 
        into the customs territory of the United States in accordance 
        with all applicable laws and regulations.
            ``(10) Special rule for cases in which the producer or 
        exporter is unknown.--If the administering authority is unable 
        to determine the actual producer or exporter of the merchandise 
        with respect to which the administering authority initiated an 
        investigation under paragraph (1), the administering authority 
        shall, in requiring the posting of a cash deposit under 
        paragraph (6) or assessing duties pursuant to paragraph (7)(A), 
        impose the cash deposit or duties (as the case may be) in the 
        highest amount applicable to any producer or exporter of the 
        merchandise pursuant to any order, or any administrative review 
        conducted under section 751.
            ``(11) Publication of determinations.--The administering 
        authority shall publish in the Federal Register each notice of 
        initiation of an investigation made under paragraph (1)(A), 
        each preliminary determination made under paragraph (2)(A), and 
        each final determination made under paragraph (2)(B).
            ``(12) Referrals to other agencies.--
                    ``(A) After preliminary determination.--
                Notwithstanding section 777 and subject to subparagraph 
                (C), when the administering authority makes an 
                affirmative preliminary determination under paragraph 
                (2)(A), the administering authority shall--
                            ``(i) transmit the administrative record to 
                        the Commissioner for such additional action as 
                        the Commissioner determines appropriate, 
                        including proceedings under section 592; and
                            ``(ii) at the request of the head of 
                        another agency, transmit the administrative 
                        record to the head of that agency.
                    ``(B) After final determination.--Notwithstanding 
                section 777 and subject to subparagraph (C), when the 
                administering authority makes an affirmative final 
                determination under paragraph (2)(B), the administering 
                authority shall--
                            ``(i) transmit the complete administrative 
                        record to the Commissioner; and
                            ``(ii) at the request of the head of 
                        another agency, transmit the complete 
                        administrative record to the head of that 
                        agency.
    ``(c) Referral by U.S. Customs and Border Protection.--In the event 
the Commissioner receives information that a person has entered covered 
merchandise into the customs territory of the United States through 
evasion, but is not able to determine whether the merchandise is in 
fact covered merchandise, the Commissioner shall--
            ``(1) refer the matter to the administering authority for 
        additional proceedings under subsection (b); and
            ``(2) transmit to the administering authority--
                    ``(A) copies of the entry documents and information 
                required by section 484(a)(1) relating to the 
                merchandise; and
                    ``(B) any additional records or information that 
                the Commissioner considers appropriate.
    ``(d) Cooperation Between U.S. Customs and Border Protection and 
the Department of Commerce.--
            ``(1) Notification of investigations.--Upon receiving a 
        petition and upon initiating an investigation under subsection 
        (b), the administering authority shall notify the Commissioner.
            ``(2) Procedures for cooperation.--Not later than 180 days 
        after the date of the enactment of this section, the 
        Commissioner and the administering authority shall establish 
        procedures to ensure maximum cooperation and communication 
        between U.S. Customs and Border Protection and the 
        administering authority in order to quickly, efficiently, and 
        accurately investigate allegations of evasion of antidumping 
        and countervailing duty orders.
    ``(e) Annual Report on Preventing Evasion of Antidumping and 
Countervailing Duty Orders.--
            ``(1) In general.--Not later than February 28 of each year 
        beginning in 2016, the Under Secretary for International Trade 
        of the Department of Commerce shall submit to the Committee on 
        Finance and the Committee on Appropriations of the Senate and 
        the Committee on Ways and Means and the Committee on 
        Appropriations of the House of Representatives a report on the 
        efforts being taken under subsection (b) to prevent evasion of 
        antidumping and countervailing duty orders.
            ``(2) Contents.--Each report required by paragraph (1) 
        shall include, for the calendar year preceding the submission 
        of the report--
                    ``(A)(i) the number of investigations initiated 
                pursuant to subsection (b); and
                    ``(ii) a description of such investigations, 
                including--
                            ``(I) the results of such investigations; 
                        and
                            ``(II) the amount of antidumping and 
                        countervailing duties collected as a result of 
                        such investigations; and
                    ``(B) the number of referrals made by the 
                Commissioner pursuant to subsection (c).''.
    (b) Technical Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting after the item relating 
to section 781 the following:

``Sec. 781A. Procedures for prevention of evasion of antidumping and 
                            countervailing duty orders.''.
    (c) Judicial Review.--Section 516A(a)(2) of the Tariff Act of 1930 
(19 U.S.C. 1516a(a)(2)) is amended--
            (1) in subparagraph (A)(i)(I), by striking ``or (viii)'' 
        and inserting ``(viii), or (ix)''; and
            (2) in subparagraph (B), by inserting at the end the 
        following:
                            ``(ix) A determination by the administering 
                        authority under section 781A.''.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this Act--
            (1) the Secretary of Commerce shall prescribe such 
        regulations as may be necessary to carry out subsection (b) of 
        section 781A of the Tariff Act of 1930 (as added by subsection 
        (a) of this section); and
            (2) the Commissioner shall prescribe such regulations as 
        may be necessary to carry out subsection (c) of such section 
        781A.
    (e) Effective Date.--The amendments made by this section shall--
            (1) take effect on the date that is 180 days after the date 
        of the enactment of this Act; and
            (2) apply with respect to merchandise entered on or after 
        such date of enactment.

SEC. 322. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    Not later than 4 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Finance and the Committee on Appropriations of the Senate 
and the Committee on Ways and Means and the Committee on Appropriations 
of the House of Representatives a report assessing the effectiveness 
of--
            (1) the provisions of, and amendments made by, this 
        subtitle; and
            (2) the actions taken and procedures developed by the 
        Secretary of Commerce and the Commissioner pursuant to such 
        provisions and amendments to prevent evasion of antidumping and 
        countervailing duty orders under title VII of the Tariff Act of 
        1930 (19 U.S.C. 1671 et seq.).

                       Subtitle C--Other Matters

SEC. 331. ALLOCATION AND TRAINING OF PERSONNEL.

    The Commissioner shall, to the maximum extent possible, ensure that 
U.S. Customs and Border Protection--
            (1) employs sufficient personnel who have expertise in, and 
        responsibility for, preventing and investigating the entry of 
        covered merchandise into the customs territory of the United 
        States through evasion;
            (2) on the basis of risk assessment metrics, assigns 
        sufficient personnel with primary responsibility for preventing 
        the entry of covered merchandise into the customs territory of 
        the United States through evasion to the ports of entry in the 
        United States at which the Commissioner determines potential 
        evasion presents the most substantial threats to the revenue of 
        the United States; and
            (3) provides adequate training to relevant personnel to 
        increase expertise and effectiveness in the prevention and 
        identification of entries of covered merchandise into the 
        customs territory of the United States through evasion.

SEC. 332. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) In General.--Not later than February 28 of each year, beginning 
in 2017, the Commissioner, in consultation with the Secretary of 
Commerce and the Director of U.S. Immigration and Customs Enforcement, 
shall submit to the appropriate congressional committees a report on 
the efforts being taken to prevent and investigate evasion.
    (b) Contents.--Each report required under subsection (a) shall 
include--
            (1) for the calendar year preceding the submission of the 
        report--
                    (A) a summary of the efforts of U.S. Customs and 
                Border Protection to prevent and identify evasion;
                    (B) the number of allegations of evasion received 
                and the number of allegations of evasion resulting in 
                any administrative, civil, or criminal actions by U.S. 
                Customs and Border Protection or any other agency;
                    (C) a summary of the completed administrative 
                inquiries of evasion, including the number and nature 
                of the inquiries initiated, conducted, or completed, as 
                well as their resolution;
                    (D) with respect to inquiries that lead to issuance 
                of a penalty notice, the penalty amounts;
                    (E) the amounts of antidumping and countervailing 
                duties collected as a result of any actions by U.S. 
                Customs and Border Protection or any other agency;
                    (F) a description of the allocation of personnel 
                and other resources of U.S. Customs and Border 
                Protection and U.S. Immigration and Customs Enforcement 
                to prevent, identify, and investigate evasion, 
                including any assessments conducted regarding the 
                allocation of such personnel and resources; and
                    (G) a description of training conducted to increase 
                expertise and effectiveness in the prevention, 
                identification, and investigation of evasion; and
            (2) a description of U.S. Customs and Border Protection 
        processes and procedures to prevent and identify evasion, 
        including--
                    (A) the specific guidelines, policies, and 
                practices used by U.S. Customs and Border Protection to 
                ensure that allegations of evasion are promptly 
                evaluated and acted upon in a timely manner;
                    (B) an evaluation of the efficacy of such existing 
                guidelines, policies, and practices;
                    (C) identification of any changes since the last 
                report that have materially improved or reduced the 
                effectiveness of U.S. Customs and Border Protection to 
                prevent and identify evasion;
                    (D) a description of the development and 
                implementation of policies for the application of 
                single entry and continuous bonds for entries of 
                covered merchandise to sufficiently protect the 
                collection of antidumping and countervailing duties 
                commensurate with the level of risk on noncollection;
                    (E) the processes and procedures for increased 
                cooperation and information sharing with the Department 
                of Commerce, U.S. Immigration and Customs Enforcement, 
                and any other relevant Federal agencies to prevent and 
                identify evasion; and
                    (F) identification of any recommended policy 
                changes of other Federal agencies or legislative 
                changes to improve the effectiveness of U.S. Customs 
                and Border Protection to prevent and identify evasion.

SEC. 333. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

    Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(B)) is amended--
            (1) by striking clause (iii);
            (2) by redesignating clause (iv) as clause (iii); and
            (3) by inserting after clause (iii), as redesignated by 
        paragraph (2) of this section, the following:
                            ``(iv) Determinations based on bonafide 
                        sales.--Any weighted average dumping margin or 
                        individual countervailing duty rate determined 
                        for an exporter or producer in a review 
                        conducted under clause (i) shall be based 
                        solely on the bona fide United States sales of 
                        an exporter or producer, as the case may be, 
                        made during the period covered by the review. 
                        In determining whether the United States sales 
                        of an exporter or producer made during the 
                        period covered by the review were bona fide, 
                        the administering authority shall consider, 
                        depending on the circumstances surrounding such 
                        sales--
                                    ``(I) the prices of such sales;
                                    ``(II) whether such sales were made 
                                in commercial quantities;
                                    ``(III) the timing of such sales;
                                    ``(IV) the expenses arising from 
                                such sales;
                                    ``(V) whether the subject 
                                merchandise involved in such sales was 
                                resold in the United States at a 
                                profit;
                                    ``(VI) whether such sales were made 
                                on an arms-length basis; and
                                    ``(VII) any other factor the 
                                administering authority determines to 
                                be relevant as to whether such sales 
                                are, or are not, likely to be typical 
                                of those the exporter or producer will 
                                make after completion of the review.''.

SEC. 334. SENSE OF CONGRESS ON REFORM OF EXPORT CONTROL POLICIES.

    (a) Findings.--Congress finds the following:
            (1) The United States would benefit from predictable, 
        efficient, and transparent export control policies.
            (2) Such export control policies should focus on the 
        mutually reinforcing goals of--
                    (A) adequate national security; and
                    (B) increased global competitiveness and job 
                growth.
    (b) Sense of Congress.--It is the sense of Congress that the Export 
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued 
in effect pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), has become obsolete and should be reformed 
and reauthorized.

             TITLE IV--CREATING FEDERAL SPECTRUM INCENTIVES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Federal Spectrum Incentive Act of 
2015''.

SEC. 402. FEDERAL SPECTRUM INCENTIVES.

    (a) Notice to Commission.--
            (1) In general.--Section 113(g)(4) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(g)(4)) is amended--
                    (A) by striking the heading and inserting ``Notice 
                to commission.--'';
                    (B) in the second sentence of subparagraph (A), by 
                striking ``shall notify the Commission'' and all that 
                follows and inserting the following: ``shall notify the 
                Commission--
                            ``(i) of estimated relocation or sharing 
                        costs and timelines for such relocation or 
                        sharing; or
                            ``(ii) that, instead of relocation or 
                        sharing costs under this subsection and section 
                        118, a Federal entity will receive payment 
                        under section 120 because such entity is--
                                    ``(I) discontinuing the operations 
                                that the Federal entity conducts on 
                                such eligible frequencies without 
                                relocating such operations to other 
                                frequencies; or
                                    ``(II) relocating such operations 
                                to frequencies assigned to another 
                                Federal entity in order for such 
                                entities to share such frequencies.''; 
                                and
                    (C) by adding at the end the following:
                    ``(D) This subsection and section 118 shall not 
                apply with respect to the discontinuance of operations 
                on eligible frequencies or the relocation of such 
                operations by a Federal entity after the Commission 
                receives notice under subparagraph (A)(ii) with respect 
                to such discontinuance or relocation.''.
            (2) Conforming amendments.--Section 113(g) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(g)) is amended--
                    (A) in paragraph (3)(A)(iii)(I), by striking 
                ``paragraph (4)(A)'' and inserting ``paragraph 
                (4)(A)(i)'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (B), by striking 
                        ``subparagraph (A)'' and inserting 
                        ``subparagraph (A)(i)''; and
                            (ii) in subparagraph (C), by striking 
                        ``subparagraphs (A) and (B)'' and inserting 
                        ``subparagraphs (A)(i) and (B)''; and
                    (C) in paragraph (5), by striking ``paragraph 
                (4)(A)'' and inserting ``paragraph (4)(A)(i)''.
    (b) Transition Plans.--Section 113(h) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 923(h)) is amended--
            (1) in the heading, by striking ``Relocation or Sharing'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Development of transition plan by federal entity.--
                    ``(A) In general.--Not later than 240 days before 
                the commencement of any auction of eligible frequencies 
                described in subsection (g)(2), a Federal entity 
                authorized to use any such frequency shall submit to 
                the NTIA and to the Technical Panel established by 
                paragraph (3) a transition plan in which the Federal 
                entity--
                            ``(i) declares the intention of such 
                        entity--
                                    ``(I) to share such eligible 
                                frequencies with a non-Federal user or 
                                to relocate to other frequencies, and 
                                to receive relocation or sharing costs 
                                from the Spectrum Relocation Fund 
                                established by section 118; or
                                    ``(II) to discontinue the 
                                operations that the Federal entity 
                                conducts on such eligible frequencies 
                                without relocating such operations to 
                                other frequencies or to relocate such 
                                operations to frequencies assigned to 
                                another Federal entity in order for 
                                such entities to share such 
                                frequencies, and to receive payment 
                                from the Federal Spectrum Incentive 
                                Fund established by section 120; and
                            ``(ii) describes how the entity will 
                        implement the relocation, sharing, or 
                        discontinuance arrangement.
                    ``(B) Common format.--The NTIA shall specify, after 
                public input, a common format for all Federal entities 
                to follow in preparing transition plans under this 
                paragraph.'';
            (3) in paragraph (2)--
                    (A) in subparagraph (D), by inserting ``, to 
                discontinue such use,'' after ``from such 
                frequencies'';
                    (B) in subparagraph (F), by inserting ``, 
                discontinuance,'' after ``relocation''; and
                    (C) in subparagraph (G), by striking ``The plans'' 
                and inserting ``To the extent applicable given the 
                intention declared by the entity under paragraph 
                (1)(A)(i), the plans'';
            (4) in paragraph (4)(A), by inserting ``(if applicable)'' 
        after ``timelines and'';
            (5) in paragraph (6)--
                    (A) by inserting ``(if applicable)'' after 
                ``costs''; and
                    (B) by inserting ``, discontinuance,'' after 
                ``relocation'' the second place it appears; and
            (6) in paragraph (7)(A)(ii), by inserting ``, 
        discontinuance,'' after ``relocation''.
    (c) Relocation or Discontinuance Prioritized Over Sharing.--Section 
113(j) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(j)) is amended--
            (1) in the heading, by inserting ``or Discontinuance'' 
        after ``Relocation''; and
            (2) by inserting ``or discontinuance of the operations that 
        the Federal entity conducts on the band'' after ``from the 
        band'' each place it appears.
    (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and 
        inserting ``(D)(ii), (D)(iii)''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``clause (ii)'' and 
                inserting ``clauses (ii) and (iii)''; and
                    (B) by adding at the end the following:
                            ``(iii) Federal spectrum incentives.--
                        Notwithstanding subparagraph (A) and except as 
                        provided in subparagraph (B) and clause (ii) of 
                        this subparagraph, in the case of proceeds 
                        (including deposits and upfront payments from 
                        successful bidders) attributable to the auction 
                        of eligible frequencies described in section 
                        113(g)(2) of the National Telecommunications 
                        and Information Administration Organization Act 
                        with respect to which the Commission has 
                        received notice under section 113(g)(4)(A)(ii) 
                        of such Act, 1 percent of such proceeds shall 
                        be deposited in the Federal Spectrum Incentive 
                        Fund established by section 120 of such Act and 
                        shall be available in accordance with such 
                        section. The remainder of such proceeds shall 
                        be deposited in the general fund of the 
                        Treasury, where such proceeds shall be 
                        dedicated for the sole purpose of deficit 
                        reduction.''.
    (e) Federal Spectrum Incentive Fund.--Part B of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 921 et seq.) is amended by adding at the end the following:

``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Federal Spectrum Incentive Fund 
(in this section referred to as the `Fund'), which shall be 
administered by the Office of Management and Budget (in this section 
referred to as `OMB'), in consultation with the NTIA.
    ``(b) Transfer of Funds.--The Director of OMB shall transfer from 
the Fund to a Federal entity an amount equal to the amount deposited in 
accordance with section 309(j)(8)(D)(iii) of the Communications Act of 
1934 that is attributable to the auction of eligible frequencies 
described in section 113(g)(2) of this Act being vacated by such 
entity. Such amount shall be available to the Federal entity in 
accordance with subsection (c) and shall remain available until 
expended.
    ``(c) Use of Funds.--A Federal entity may use an amount transferred 
under subsection (b) for the following purposes:
            ``(1) Offset of sequestration.--Any purposes permitted 
        under the terms and conditions of an appropriations account of 
        the Federal entity that was subject to sequestration for any 
        fiscal year under the Balanced Budget and Emergency Deficit 
        Control Act of 1985. The amount used for such purposes under 
        this paragraph may not exceed the amount by which the amount 
        available to such entity under such account was reduced by 
        sequestration for such fiscal year.
            ``(2) Transfer to incumbent federal entity.--In the case of 
        a Federal entity that is relocating operations to frequencies 
        assigned to an incumbent Federal entity in order for such 
        entities to share such frequencies, to transfer an amount to 
        the incumbent Federal entity for any purposes permitted under 
        this subsection (except this paragraph). The transferred amount 
        shall remain available to the incumbent Federal entity until 
        expended.
    ``(d) Prohibition on Duplicative Payments.--If the Commission 
receives notice under section 113(g)(4)(A)(ii) of a discontinuance of 
operations on or relocation from eligible frequencies by a Federal 
entity that has received, from the Spectrum Relocation Fund in 
accordance with section 118(d)(3), relocation or sharing costs related 
to pre-auction estimates or research with respect to such frequencies, 
the Director of OMB shall deduct from the amount to be transferred to 
such entity under subsection (b) an amount equal to such costs and 
shall transfer such amount to the Spectrum Relocation Fund.''.
    (f) Department of Defense Spectrum.--Section 1062(b) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public Law 
106-65) does not apply to frequencies with respect to which the Federal 
Communications Commission has received notice under section 
113(g)(4)(A)(ii) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(g)(4)(A)(ii)).

SEC. 403. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM 
              SHARING.

    (a) Description of Eligible Federal Entities.--Section 113(g)(1) of 
the National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 923(g)(1)) is amended--
            (1) by striking ``authorized to use a band of eligible 
        frequencies described in paragraph (2)'';
            (2) by striking ``spectrum frequencies'' the first place it 
        appears and inserting ``eligible frequencies described in 
        paragraph (2)''; and
            (3) by striking ``spectrum frequencies'' the second place 
        it appears and inserting ``eligible frequencies described in 
        such paragraph''.
    (b) Definition of Relocation or Sharing Costs.--Section 
113(g)(3)(A) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended--
            (1) in clause (iv)(II), by striking ``and'' at the end;
            (2) in clause (v), by striking the period and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                            ``(vi) the costs incurred by an incumbent 
                        Federal entity to accommodate sharing the 
                        spectrum frequencies assigned to such entity 
                        with a Federal entity the operations of which 
                        are being relocated from eligible frequencies 
                        described in paragraph (2), unless the 
                        Commission receives notice under paragraph 
                        (4)(A)(ii)(II) with respect to the relocation 
                        of such operations.''.
    (c) Spectrum Relocation Fund.--Section 118 of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928) is amended--
            (1) in subsection (c), by striking ``with respect to'' and 
        all that follows and inserting the following: ``with respect 
        to--
            ``(1) relocation from or sharing of such eligible 
        frequencies; or
            ``(2) in the case of an incumbent Federal entity described 
        in section 113(g)(3)(A)(vi), accommodating sharing the spectrum 
        frequencies assigned to such entity with a Federal entity the 
        operations of which are being relocated from such eligible 
        frequencies.''; and
            (2) in subsection (d)--
                    (A) in paragraph (2)(A), by inserting ``(or, in the 
                case of an incumbent Federal entity described in 
                section 113(g)(3)(A)(vi), the eligible Federal entity 
                the operations of which are being relocated has 
                submitted such a plan)'' after ``transition plan''; and
                    (B) in paragraph (3)(B)(ii), by inserting ``except 
                in the case of an incumbent Federal entity described in 
                section 113(g)(3)(A)(vi),'' before ``the transition 
                plan''.

   TITLE V--PROVIDING REGULATORY RELIEF, CERTAINTY, AND TRANSPARENCY

                  Subtitle A--Energy Consumers Relief

               CHAPTER 1--FINALIZING ENERGY-RELATED RULES

SEC. 501. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES 
              THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE 
              ECONOMY.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency may not promulgate as final an 
energy-related rule that is estimated to cost more than $1 billion if 
the Secretary of Energy determines under section 502(3) that the rule 
will cause significant adverse effects to the economy.

SEC. 502. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL 
              CERTAIN ENERGY-RELATED RULES.

    Before promulgating as final any energy-related rule that is 
estimated to cost more than $1 billion:
            (1) Report to congress.--The Administrator of the 
        Environmental Protection Agency shall submit to Congress a 
        report (and transmit a copy to the Secretary of Energy) 
        containing--
                    (A) a copy of the rule;
                    (B) a concise general statement relating to the 
                rule;
                    (C) an estimate of the total costs of the rule, 
                including the direct costs and indirect costs of the 
                rule;
                    (D)(i) an estimate of the total benefits of the 
                rule and when such benefits are expected to be 
                realized;
                    (ii) a description of the modeling, the 
                calculations, the assumptions, and the limitations due 
                to uncertainty, speculation, or lack of information 
                associated with the estimates under this subparagraph; 
                and
                    (iii) a certification that all data and documents 
                relied upon by the Agency in developing such 
                estimates--
                            (I) have been preserved; and
                            (II) are available for review by the public 
                        on the Agency's Web site, except to the extent 
                        to which publication of such data and documents 
                        would constitute disclosure of confidential 
                        information in violation of applicable Federal 
                        law;
                    (E) an estimate of the increases in energy prices, 
                including potential increases in gasoline or 
                electricity prices for consumers, that may result from 
                implementation or enforcement of the rule; and
                    (F) a detailed description of the employment 
                effects, including potential job losses and shifts in 
                employment, that may result from implementation or 
                enforcement of the rule.
            (2) Initial determination on increases and impacts.--The 
        Secretary of Energy, in consultation with the Federal Energy 
        Regulatory Commission and the Administrator of the Energy 
        Information Administration, shall prepare an independent 
        analysis to determine whether the rule will cause--
                    (A) any increase in energy prices for consumers, 
                including low-income households, small businesses, and 
                manufacturers;
                    (B) any impact on fuel diversity of the Nation's 
                electricity generation portfolio or on national, 
                regional, or local electric reliability;
                    (C) any adverse effect on energy supply, 
                distribution, or use due to the economic or technical 
                infeasibility of implementing the rule; or
                    (D) any other adverse effect on energy supply, 
                distribution, or use (including a shortfall in supply 
                and increased use of foreign supplies).
            (3) Subsequent determination on adverse effects to the 
        economy.--If the Secretary of Energy determines, under 
        paragraph (2), that the rule will cause an increase, impact, or 
        effect described in such paragraph, then the Secretary, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Secretary of Commerce, the Secretary of 
        Labor, and the Administrator of the Small Business 
        Administration, shall--
                    (A) determine whether the rule will cause 
                significant adverse effects to the economy, taking into 
                consideration--
                            (i) the costs and benefits of the rule and 
                        limitations in calculating such costs and 
                        benefits due to uncertainty, speculation, or 
                        lack of information; and
                            (ii) the positive and negative impacts of 
                        the rule on economic indicators, including 
                        those related to gross domestic product, 
                        unemployment, wages, consumer prices, and 
                        business and manufacturing activity; and
                    (B) publish the results of such determination in 
                the Federal Register.

SEC. 503. DEFINITIONS.

    In this chapter:
            (1) The terms ``direct costs'' and ``indirect costs'' have 
        the meanings given such terms in chapter 8 of the Environmental 
        Protection Agency's ``Guidelines for Preparing Economic 
        Analyses'' dated December 17, 2010.
            (2) The term ``energy-related rule that is estimated to 
        cost more than $1 billion'' means a rule of the Environmental 
        Protection Agency that--
                    (A) regulates any aspect of the production, supply, 
                distribution, or use of energy or provides for such 
                regulation by States or other governmental entities; 
                and
                    (B) is estimated by the Administrator of the 
                Environmental Protection Agency or the Director of the 
                Office of Management and Budget to impose direct costs 
                and indirect costs, in the aggregate, of more than 
                $1,000,000,000.
            (3) The term ``rule'' has the meaning given to such term in 
        section 551 of title 5, United States Code.

SEC. 504. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.

    (a) In General.--Notwithstanding any other provision of law or any 
Executive order, the Administrator of the Environmental Protection 
Agency may not use the social cost of carbon in order to incorporate 
social benefits of reducing carbon dioxide emissions, or for any other 
reason, in any cost-benefit analysis relating to an energy-related rule 
that is estimated to cost more than $1 billion unless and until a 
Federal law is enacted authorizing such use.
    (b) Definition.--In this section, the term ``social cost of 
carbon'' means the social cost of carbon as described in the technical 
support document entitled ``Technical Support Document: Technical 
Update of the Social Cost of Carbon for Regulatory Impact Analysis 
Under Executive Order 12866'', published by the Interagency Working 
Group on Social Cost of Carbon, United States Government, in May 2013, 
or any successor or substantially related document, or any other 
estimate of the monetized damages associated with an incremental 
increase in carbon dioxide emissions in a given year.

           CHAPTER 2--ELECTRICITY SECURITY AND AFFORDABILITY

SEC. 511. SHORT TITLE.

    This chapter may be cited as the ``Electricity Security and 
Affordability Act''.

SEC. 512. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC 
              UTILITY GENERATING UNITS.

    (a) Limitation.--The Administrator of the Environmental Protection 
Agency may not issue, implement, or enforce any proposed or final rule 
under section 111 of the Clean Air Act (42 U.S.C. 7411) that 
establishes a standard of performance for emissions of any greenhouse 
gas from any new source that is a fossil fuel-fired electric utility 
generating unit unless such rule meets the requirements under 
subsections (b) and (c).
    (b) Requirements.--In issuing any rule under section 111 of the 
Clean Air Act (42 U.S.C. 7411) establishing standards of performance 
for emissions of any greenhouse gas from new sources that are fossil 
fuel-fired electric utility generating units, the Administrator of the 
Environmental Protection Agency (for purposes of establishing such 
standards)--
            (1) shall separate sources fueled with coal and natural gas 
        into separate categories; and
            (2) shall not set a standard based on the best system of 
        emission reduction for new sources within a fossil-fuel 
        category unless--
                    (A) such standard has been achieved on average for 
                at least one continuous 12-month period (excluding 
                planned outages) by each of at least 6 units within 
                such category--
                            (i) each of which is located at a different 
                        electric generating station in the United 
                        States;
                            (ii) which, collectively, are 
                        representative of the operating characteristics 
                        of electric generation at different locations 
                        in the United States; and
                            (iii) each of which is operated for the 
                        entire 12-month period on a full commercial 
                        basis; and
                    (B) no results obtained from any demonstration 
                project are used in setting such standard.
    (c) Coal Having a Heat Content of 8300 or Less British Thermal 
Units Per Pound.--
            (1) Separate subcategory.--In carrying out subsection 
        (b)(1), the Administrator of the Environmental Protection 
        Agency shall establish a separate subcategory for new sources 
        that are fossil fuel-fired electric utility generating units 
        using coal with an average heat content of 8300 or less British 
        Thermal Units per pound.
            (2) Standard.--Notwithstanding subsection (b)(2), in 
        issuing any rule under section 111 of the Clean Air Act (42 
        U.S.C. 7411) establishing standards of performance for 
        emissions of any greenhouse gas from new sources in such 
        subcategory, the Administrator of the Environmental Protection 
        Agency shall not set a standard based on the best system of 
        emission reduction unless--
                    (A) such standard has been achieved on average for 
                at least one continuous 12-month period (excluding 
                planned outages) by each of at least 3 units within 
                such subcategory--
                            (i) each of which is located at a different 
                        electric generating station in the United 
                        States;
                            (ii) which, collectively, are 
                        representative of the operating characteristics 
                        of electric generation at different locations 
                        in the United States; and
                            (iii) each of which is operated for the 
                        entire 12-month period on a full commercial 
                        basis; and
                    (B) no results obtained from any demonstration 
                project are used in setting such standard.
    (d) Technologies.--Nothing in this section shall be construed to 
preclude the issuance, implementation, or enforcement of a standard of 
performance that--
            (1) is based on the use of one or more technologies that 
        are developed in a foreign country, but has been demonstrated 
        to be achievable at fossil fuel-fired electric utility 
        generating units in the United States; and
            (2) meets the requirements of subsections (b) and (c), as 
        applicable.

SEC. 513. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE 
              FOR EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-
              FIRED ELECTRIC UTILITY GENERATING UNITS.

    (a) Applicability.--This section applies with respect to any rule 
or guidelines issued by the Administrator of the Environmental 
Protection Agency under section 111 of the Clean Air Act (42 U.S.C. 
7411) that--
            (1) establish any standard of performance for emissions of 
        any greenhouse gas from any modified or reconstructed source 
        that is a fossil fuel-fired electric utility generating unit; 
        or
            (2) apply to the emissions of any greenhouse gas from an 
        existing source that is a fossil fuel-fired electric utility 
        generating unit.
    (b) Congress To Set Effective Date.--A rule or guidelines described 
in subsection (a) shall not take effect unless a Federal law is enacted 
specifying such rule's or guidelines' effective date.
    (c) Reporting.--A rule or guidelines described in subsection (a) 
shall not take effect unless the Administrator of the Environmental 
Protection Agency has submitted to Congress a report containing each of 
the following:
            (1) The text of such rule or guidelines.
            (2) The economic impacts of such rule or guidelines, 
        including the potential effects on--
                    (A) economic growth, competitiveness, and jobs in 
                the United States;
                    (B) electricity ratepayers, including low-income 
                ratepayers in affected States;
                    (C) required capital investments and projected 
                costs for operation and maintenance of new equipment 
                required to be installed; and
                    (D) the global economic competitiveness of the 
                United States.
            (3) The amount of greenhouse gas emissions that such rule 
        or guidelines are projected to reduce as compared to overall 
        global greenhouse gas emissions.
    (d) Consultation.--In carrying out subsection (c), the 
Administrator of the Environmental Protection Agency shall consult with 
the Administrator of the Energy Information Administration, the 
Comptroller General of the United States, the Director of the National 
Energy Technology Laboratory, and the Under Secretary of Commerce for 
Standards and Technology.

SEC. 514. REPEAL OF EARLIER RULES AND GUIDELINES.

    The following rules and guidelines shall be of no force or effect, 
and shall be treated as though such rules and guidelines had never been 
issued:
            (1) The proposed rule--
                    (A) entitled ``Standards of Performance for 
                Greenhouse Gas Emissions for New Stationary Sources: 
                Electric Utility Generating Units'', published at 77 
                Fed. Reg. 22392 (April 13, 2012); and
                    (B) withdrawn pursuant to the notice entitled 
                ``Withdrawal of Proposed Standards of Performance for 
                Greenhouse Gas Emissions From New Stationary Sources: 
                Electric Utility Generating Units'', published at 79 
                Fed. Reg. 1352 (January 8, 2014).
            (2) The proposed rule entitled ``Standards of Performance 
        for Greenhouse Gas Emissions From New Stationary Sources: 
        Electric Utility Generating Units'', published at 79 Fed. Reg. 
        1430 (January 8, 2014).
            (3) With respect to the proposed rules described in 
        paragraphs (1) and (2), any successor or substantially similar 
        proposed or final rule that--
                    (A) is issued prior to the date of the enactment of 
                this Act;
                    (B) is applicable to any new source that is a 
                fossil fuel-fired electric utility generating unit; and
                    (C) does not meet the requirements under 
                subsections (b) and (c) of section 512.
            (4) The proposed rule entitled ``Carbon Pollution Emission 
        Guidelines for Existing Stationary Sources: Electric Utility 
        Generating Units'', published at 79 Fed. Reg. 34830 (June 18, 
        2014).
            (5) The proposed rule entitled ``Carbon Pollution Standards 
        for Modified and Reconstructed Stationary Sources: Electric 
        Utility Generating Units'', published at 79 Fed. Reg. 34960 
        (June 18, 2014).
            (6) With respect to the proposed rules described in 
        paragraphs (4) and (5), any successor or substantially similar 
        proposed or final rule that--
                    (A) is issued prior to the date of the enactment of 
                this Act; and
                    (B) is applicable to any existing, modified, or 
                reconstructed source that is a fossil fuel-fired 
                electric utility generating unit.

SEC. 515. DEFINITIONS.

    In this chapter:
            (1) Demonstration project.--The term ``demonstration 
        project'' means a project to test or demonstrate the 
        feasibility of carbon capture and storage technologies that has 
        received Federal Government funding or financial assistance.
            (2) Existing source.--The term ``existing source'' has the 
        meaning given such term in section 111(a) of the Clean Air Act 
        (42 U.S.C. 7411(a)), except such term shall not include any 
        modified source.
            (3) Greenhouse gas.--The term ``greenhouse gas'' means any 
        of the following:
                    (A) Carbon dioxide.
                    (B) Methane.
                    (C) Nitrous oxide.
                    (D) Sulfur hexafluoride.
                    (E) Hydrofluorocarbons.
                    (F) Perfluorocarbons.
            (4) Modification.--The term ``modification'' has the 
        meaning given such term in section 111(a) of the Clean Air Act 
        (42 U.S.C. 7411(a)).
            (5) Modified source.--The term ``modified source'' means 
        any stationary source, the modification of which is commenced 
        after the date of the enactment of this Act.
            (6) New source.--The term ``new source'' has the meaning 
        given such term in section 111(a) of the Clean Air Act (42 
        U.S.C. 7411(a)), except that such term shall not include any 
        modified source.

         Subtitle B--LNG Permitting Certainty and Transparency

SEC. 521. SHORT TITLE.

    This subtitle may be cited as the ``LNG Permitting Certainty and 
Transparency Act''.

SEC. 522. ACTION ON APPLICATIONS.

    (a) Decision Deadline.--For proposals that must also obtain 
authorization from the Federal Energy Regulatory Commission or the 
United States Maritime Administration to site, construct, expand, or 
operate LNG export facilities, the Department of Energy shall issue a 
final decision on any application for the authorization to export 
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not 
later than 30 days after the later of--
            (1) the conclusion of the review to site, construct, 
        expand, or operate the LNG facilities required by the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
            (2) the date of enactment of this Act.
    (b) Conclusion of Review.--For purposes of subsection (a), review 
required by the National Environmental Policy Act of 1969 shall be 
considered concluded--
            (1) for a project requiring an Environmental Impact 
        Statement, 30 days after publication of a Final Environmental 
        Impact Statement;
            (2) for a project for which an Environmental Assessment has 
        been prepared, 30 days after publication by the Department of 
        Energy of a Finding of No Significant Impact; and
            (3) upon a determination by the lead agency that an 
        application is eligible for a categorical exclusion pursuant to 
        the National Environmental Policy Act of 1969 implementing 
        regulations.
    (c) Judicial Action.--(1) The United States Court of Appeals for 
the circuit in which the export facility will be located pursuant to an 
application described in subsection (a) shall have original and 
exclusive jurisdiction over any civil action for the review of--
            (A) an order issued by the Department of Energy with 
        respect to such application; or
            (B) the Department of Energy's failure to issue a final 
        decision on such application.
    (2) If the Court in a civil action described in paragraph (1) finds 
that the Department of Energy has failed to issue a final decision on 
the application as required under subsection (a), the Court shall order 
the Department of Energy to issue such final decision not later than 30 
days after the Court's order.
    (3) The Court shall set any civil action brought under this 
subsection for expedited consideration and shall set the matter on the 
docket as soon as practical after the filing date of the initial 
pleading.

SEC. 523. PUBLIC DISCLOSURE OF EXPORT DESTINATIONS.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
adding at the end the following:
    ``(g) Public Disclosure of LNG Export Destinations.--As a condition 
for approval of any authorization to export LNG, the Secretary of 
Energy shall require the applicant to publicly disclose the specific 
destination or destinations of any such authorized LNG exports.''.

Subtitle C--Preventing Government Waste and Protecting Coal Mining Jobs 
                               in America

SEC. 531. SHORT TITLE.

    This subtitle may be cited as the ``Preventing Government Waste and 
Protecting Coal Mining Jobs in America''.

SEC. 532. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO 
              STATE PROGRAMS.

    (a) In General.--Section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the 
end the following:
    ``(e) Stream Buffer Zone Management.--
            ``(1) In general.--In addition to the requirements under 
        subsection (a), each State program shall incorporate the 
        necessary rule regarding excess spoil, coal mine waste, and 
        buffers for perennial and intermittent streams published by the 
        Office of Surface Mining Reclamation and Enforcement on 
        December 12, 2008 (73 Fed. Reg. 75813 et seq.), which complies 
        with the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) in view of the 2006 discussions between the Director of 
        the Office of Surface Mining and the Director of the United 
        States Fish and Wildlife Service, and the Office of Surface 
        Mining Reclamation and Enforcement's consideration and review 
        of comments submitted by the United States Fish and Wildlife 
        Service during the rulemaking process in 2007.
            ``(2) Study of implementation.--The Secretary shall--
                    ``(A) at such time as the Secretary determines all 
                States referred to in subsection (a) have fully 
                incorporated the necessary rule referred to in 
                paragraph (1) of this subsection into their State 
                programs, publish notice of such determination;
                    ``(B) during the 5-year period beginning on the 
                date of such publication, assess the effectiveness of 
                implementation of such rule by such States;
                    ``(C) carry out all required consultation on the 
                benefits and other impacts of the implementation of the 
                rule to any threatened species or endangered species, 
                with the participation of the United States Fish and 
                Wildlife Service and the United States Geological 
                Survey; and
                    ``(D) upon the conclusion of such period, submit a 
                comprehensive report on the impacts of such rule to the 
                Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate, including--
                            ``(i) an evaluation of the effectiveness of 
                        such rule;
                            ``(ii) an evaluation of any ways in which 
                        the existing rule inhibits energy production; 
                        and
                            ``(iii) a description in detail of any 
                        proposed changes that should be made to the 
                        rule, the justification for such changes, all 
                        comments on such changes received by the 
                        Secretary from such States, and the projected 
                        costs and benefits of such changes.
            ``(3) Limitation on new regulations.--The Secretary may not 
        issue any regulations under this Act relating to stream buffer 
        zones or stream protection before the date of the publication 
        of the report under paragraph (2), other than a rule necessary 
        to implement paragraph (1).''.
    (b) Deadline for State Implementation.--Not later than 2 years 
after the date of the enactment of this Act, a State with a State 
program approved under section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to part 732 of 
title 30, Code of Federal Regulations, incorporating the necessary rule 
referred to in subsection (e)(1) of such section, as amended by this 
section.

 TITLE VI--REDUCING HEALTH CARE BURDENS AND IMPROVING PATIENT COVERAGE

SEC. 601. REPEAL OF THE HEALTH CARE LAW AND HEALTH CARE-RELATED 
              PROVISIONS IN THE HEALTH CARE AND EDUCATION 
              RECONCILIATION ACT OF 2010.

    (a) Health Care Law.--Effective as of the enactment of Public Law 
111-148, such Act is repealed, and the provisions of law amended or 
repealed by such Act are restored or revived as if such Act had not 
been enacted.
    (b) Health Care-Related Provisions in the Health Care and Education 
Reconciliation Act of 2010.--Effective as of the enactment of the 
Health Care and Education Reconciliation Act of 2010 (Public Law 111-
152), title I and subtitle B of title II of such Act are repealed, and 
the provisions of law amended or repealed by such title or subtitle, 
respectively, are restored or revived as if such title and subtitle had 
not been enacted.

SEC. 602. NO LIFETIME LIMITS.

    Part A of title XXVII of the Public Health Service Act, as restored 
under section 601(a), is amended by inserting after section 2702 (42 
U.S.C. 300gg-1) the following:

``SEC. 2703. NO LIFETIME LIMITS.

    ``A group health plan and a health insurance issuer offering group 
or individual health insurance coverage may not establish lifetime 
limits on the dollar value of benefits for any individual.''.

SEC. 603. ESTABLISH UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK 
              POOLS AND REINSURANCE MARKETS.

    (a) State Requirement.--
            (1) In general.--Not later than January 1, 2017, each State 
        shall, subject to paragraph (3)--
                    (A) operate--
                            (i) a qualified State reinsurance program 
                        described in subsection (b); or
                            (ii) a qualifying State high risk pool 
                        described in subsection (c)(1); and
                    (B) apply to the operation of such a program from 
                State funds an amount equivalent to the portion of 
                State funds derived from State premium assessments (as 
                defined by the Secretary) that are not otherwise used 
                on State health care programs.
            (2) Relation to current qualified high risk pool program.--
                    (A) States not operating a qualified high risk 
                pool.--In the case of a State that is not operating a 
                current section 2745 qualified high risk pool as of the 
                date of the enactment of this Act--
                            (i) the State may only meet the requirement 
                        of paragraph (1) through the operation of a 
                        qualified State reinsurance program described 
                        in subsection (b); and
                            (ii) the State's operation of such a 
                        reinsurance program shall be treated, for 
                        purposes of section 2745 of the Public Health 
                        Service Act, as the operation of a qualified 
                        high risk pool described in such section.
                    (B) State operating a qualified high risk pool.--In 
                the case of a State that is operating a current section 
                2745 qualified high risk pool as of the date of the 
                enactment of this Act--
                            (i) as of January 1, 2017, such a pool 
                        shall not be treated as a qualified high risk 
                        pool under section 2745 of the Public Health 
                        Service Act unless the pool is a qualifying 
                        State high risk pool described in subsection 
                        (c)(1); and
                            (ii) the State may use premium assessment 
                        funds described in paragraph (1)(B) to 
                        transition from operation of such a pool to 
                        operation of a qualified State reinsurance 
                        program described in subsection (b).
            (3) Application of funds.--If the program or pool operated 
        under paragraph (1)(A) is in strong fiscal health, as 
        determined in accordance with standards established by the 
        National Association of Insurance Commissioners and as approved 
        by the State Insurance Commissioner involved, the requirement 
        of paragraph (1)(B) shall be deemed to be met.
    (b) Qualified State Reinsurance Program.--
            (1) In general.--For purposes of this section, the term 
        ``qualified State reinsurance program'' means a program 
        operated by a State program that provides reinsurance for 
        health insurance coverage offered in the small group market in 
        accordance with the model for such a program established (as of 
        the date of the enactment of this Act).
            (2) Form of program.--A qualified State reinsurance program 
        may provide reinsurance--
                    (A) on a prospective or retrospective basis; and
                    (B) on a basis that protects health insurance 
                issuers against the annual aggregate spending of their 
                enrollees as well as purchase protection against 
                individual catastrophic costs.
            (3) Satisfaction of hipaa requirement.--A qualified State 
        reinsurance program shall be deemed, for purposes of section 
        2745 of the Public Health Service Act, to be a qualified high 
        risk pool under such section.
    (c) Qualifying State High Risk Pool.--
            (1) In general.--A qualifying State high risk pool 
        described in this subsection means a current section 2745 
        qualified high risk pool that meets the following requirements:
                    (A) The pool provides at least two coverage 
                options, one of which is a high deductible health plan 
                coupled with a health savings account.
                    (B) The pool is funded with a stable funding 
                source.
                    (C) The pool eliminates any waiting lists so that 
                all eligible residents who are seeking coverage through 
                the pool should be allowed to receive coverage through 
                the pool.
                    (D) The pool allows for coverage of individuals 
                who, but for the 24-month disability waiting period 
                under section 226(b) of the Social Security Act, would 
                be eligible for Medicare during the period of such 
                waiting period.
                    (E) The pool limits the pool premiums to no more 
                than 150 percent of the average premium for applicable 
                standard risk rates in that State.
                    (F) The pool conducts education and outreach 
                initiatives so that residents and brokers understand 
                that the pool is available to eligible residents.
                    (G) The pool provides coverage for preventive 
                services and disease management for chronic diseases.
            (2) Verification of citizenship or alien qualification.--
                    (A) In general.--Notwithstanding any other 
                provision of law, only citizens and nationals of the 
                United States shall be eligible to participate in a 
                qualifying State high risk pool that receives funds 
                under section 2745 of the Public Health Service Act or 
                this section.
                    (B) Condition of participation.--As a condition of 
                a State receiving such funds, the Secretary shall 
                require the State to certify, to the satisfaction of 
                the Secretary, that such State requires all applicants 
                for coverage in the qualifying State high risk pool to 
                provide satisfactory documentation of citizenship or 
                nationality in a manner consistent with section 1903(x) 
                of the Social Security Act.
                    (C) Records.--The Secretary shall keep sufficient 
                records such that a determination of citizenship or 
                nationality only has to be made once for any individual 
                under this paragraph.
            (3) Relation to section 2745.--As of January 1, 2017, a 
        pool shall not qualify as qualified high risk pool under 
        section 2745 of the Public Health Service Act unless the pool 
        is a qualifying State high risk pool described in paragraph 
        (1).
            (4) Waivers.--In order to accommodate new and innovative 
        programs, the Secretary may waive such requirements of this 
        section for qualified State reinsurance programs and for 
        qualifying State high risk pools as the Secretary deems 
        appropriate.
            (5) Funding.--In addition to any other amounts 
        appropriated, there is appropriated to carry out section 2745 
        of the Public Health Service Act (including through a program 
        or pool described in subsection (a)(1))--
                    (A) $15,000,000,000 for the period of fiscal years 
                2017 through 2026; and
                    (B) an additional $10,000,000,000 for the period of 
                fiscal years 2022 through 2026.
    (d) Definitions.--In this section:
            (1) Health insurance coverage; health insurance issuer.--
        The terms ``health insurance coverage'' and ``health insurance 
        issuer'' have the meanings given such terms in section 2791 of 
        the Public Health Service Act.
            (2) Current section 2745 qualified high risk pool.--The 
        term ``current section 2745 qualified high risk pool'' has the 
        meaning given the term ``qualified high risk pool'' under 
        section 2745(g) of the Public Health Service Act as in effect 
        as of the date of the enactment of this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) Standard risk rate.--The term ``standard risk rate'' 
        means a rate that--
                    (A) is determined under the State high risk pool by 
                considering the premium rates charged by other health 
                insurance issuers offering health insurance coverage to 
                individuals in the insurance market served;
                    (B) is established using reasonable actuarial 
                techniques; and
                    (C) reflects anticipated claims experience and 
                expenses for the coverage involved.
            (5) State.--The term ``State'' means any of the 50 States 
        or the District of Columbia.

SEC. 604. ELIMINATION OF CERTAIN REQUIREMENTS FOR GUARANTEED 
              AVAILABILITY IN INDIVIDUAL MARKET.

    Section 2741(b) of the Public Health Service Act (42 U.S.C. 300gg-
41(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1)(A)'' and inserting ``(1)''; 
                and
                    (B) by striking ``and (B)'' and all that follows up 
                to the semicolon at the end;
            (2) by adding ``and'' at the end of paragraph (2);
            (3) in paragraph (3)--
                    (A) by striking ``(1)(A)'' and inserting ``(1)''; 
                and
                    (B) by striking the semicolon at the end and 
                inserting a period; and
            (4) by striking paragraphs (4) and (5).

SEC. 605. PREVENTING UNJUST CANCELLATION OF INSURANCE COVERAGE.

    (a) Clarification Regarding Application of Guaranteed Renewability 
of Individual Health Insurance Coverage.--Section 2742 of the Public 
Health Service Act (42 U.S.C. 300gg-42) is amended--
            (1) in its heading, by inserting ``, continuation in force, 
        including prohibition of rescission,'' after ``guaranteed 
        renewability'';
            (2) in subsection (a), by inserting ``, including without 
        rescission,'' after ``continue in force''; and
            (3) in subsection (b)(2), by inserting before the period at 
        the end the following: ``, including intentional concealment of 
        material facts regarding a health condition related to the 
        condition for which coverage is being claimed''.
    (b) Opportunity for Independent, External Third Party Review in 
Certain Cases.--Subpart 1 of part B of title XXVII of the Public Health 
Service Act is amended by adding at the end the following new section:

``SEC. 2746. OPPORTUNITY FOR INDEPENDENT, EXTERNAL THIRD PARTY REVIEW 
              IN CERTAIN CASES.

    ``(a) Notice and Review Right.--If a health insurance issuer 
determines to nonrenew or not continue in force, including by 
rescission, health insurance coverage for an individual in the 
individual market on the basis described in section 2742(b)(2) before 
such nonrenewal, discontinuation, or rescission, may take effect the 
issuer shall provide the individual with notice of such proposed 
nonrenewal, discontinuation, or rescission and an opportunity for a 
review of such determination by an independent, external third party 
under procedures specified by the Secretary.
    ``(b) Independent Determination.--If the individual requests such 
review by an independent, external third party of a nonrenewal, 
discontinuation, or rescission of health insurance coverage, the 
coverage shall remain in effect until such third party determines that 
the coverage may be nonrenewed, discontinued, or rescinded under 
section 2742(b)(2).''.
    (c) Effective Date.--The amendments made by this section shall 
apply after the date of the enactment of this section with respect to 
health insurance coverage issued before, on, or after such date.

                 TITLE VII--LOWERING HEALTH CARE COSTS

   Subtitle A--Cooperative Governing of Individual Health Insurance 
                                Coverage

SEC. 701. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE 
              COVERAGE.

    (a) In General.--Title XXVII of the Public Health Service Act (42 
U.S.C. 300gg et seq.) is amended by adding at the end the following new 
part:

``PART D--COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE

``SEC. 2795. DEFINITIONS.

    ``In this part:
            ``(1) Primary state.--The term `primary State' means, with 
        respect to individual health insurance coverage offered by a 
        health insurance issuer, the State designated by the issuer as 
        the State whose covered laws shall govern the health insurance 
        issuer in the sale of such coverage under this part. An issuer, 
        with respect to a particular policy, may only designate one 
        such State as its primary State with respect to all such 
        coverage it offers. Such an issuer may not change the 
        designated primary State with respect to individual health 
        insurance coverage once the policy is issued, except that such 
        a change may be made upon renewal of the policy. With respect 
        to such designated State, the issuer is deemed to be doing 
        business in that State.
            ``(2) Secondary state.--The term `secondary State' means, 
        with respect to individual health insurance coverage offered by 
        a health insurance issuer, any State that is not the primary 
        State. In the case of a health insurance issuer that is selling 
        a policy in, or to a resident of, a secondary State, the issuer 
        is deemed to be doing business in that secondary State.
            ``(3) Health insurance issuer.--The term `health insurance 
        issuer' has the meaning given such term in section 2791(b)(2), 
        except that such an issuer must be licensed in the primary 
        State and be qualified to sell individual health insurance 
        coverage in that State.
            ``(4) Individual health insurance coverage.--The term 
        `individual health insurance coverage' means health insurance 
        coverage offered in the individual market, as defined in 
        section 2791(b)(5).
            ``(5) Applicable state authority.--The term `applicable 
        State authority' means, with respect to a health insurance 
        issuer in a State, the State insurance commissioner or official 
        or officials designated by the State to enforce the 
        requirements of this title for the State with respect to the 
        issuer.
            ``(6) Hazardous financial condition.--The term `hazardous 
        financial condition' means that, based on its present or 
        reasonably anticipated financial condition, a health insurance 
        issuer is unlikely to be able--
                    ``(A) to meet obligations to policyholders with 
                respect to known claims and reasonably anticipated 
                claims; or
                    ``(B) to pay other obligations in the normal course 
                of business.
            ``(7) Covered laws.--
                    ``(A) In general.--The term `covered laws' means 
                the laws, rules, regulations, agreements, and orders 
                governing the insurance business pertaining to--
                            ``(i) individual health insurance coverage 
                        issued by a health insurance issuer;
                            ``(ii) the offer, sale, rating (including 
                        medical underwriting), renewal, and issuance of 
                        individual health insurance coverage to an 
                        individual;
                            ``(iii) the provision to an individual in 
                        relation to individual health insurance 
                        coverage of health care and insurance related 
                        services;
                            ``(iv) the provision to an individual in 
                        relation to individual health insurance 
                        coverage of management, operations, and 
                        investment activities of a health insurance 
                        issuer; and
                            ``(v) the provision to an individual in 
                        relation to individual health insurance 
                        coverage of loss control and claims 
                        administration for a health insurance issuer 
                        with respect to liability for which the issuer 
                        provides insurance.
                    ``(B) Exception.--Such term does not include any 
                law, rule, regulation, agreement, or order governing 
                the use of care or cost management techniques, 
                including any requirement related to provider 
                contracting, network access or adequacy, health care 
                data collection, or quality assurance.
            ``(8) State.--The term `State' means the 50 States and 
        includes the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Northern Mariana 
        Islands.
            ``(9) Unfair claims settlement practices.--The term `unfair 
        claims settlement practices' means only the following 
        practices:
                    ``(A) Knowingly misrepresenting to claimants and 
                insured individuals relevant facts or policy provisions 
                relating to coverage at issue.
                    ``(B) Failing to acknowledge with reasonable 
                promptness pertinent communications with respect to 
                claims arising under policies.
                    ``(C) Failing to adopt and implement reasonable 
                standards for the prompt investigation and settlement 
                of claims arising under policies.
                    ``(D) Failing to effectuate prompt, fair, and 
                equitable settlement of claims submitted in which 
                liability has become reasonably clear.
                    ``(E) Refusing to pay claims without conducting a 
                reasonable investigation.
                    ``(F) Failing to affirm or deny coverage of claims 
                within a reasonable period of time after having 
                completed an investigation related to those claims.
                    ``(G) A pattern or practice of compelling insured 
                individuals or their beneficiaries to institute suits 
                to recover amounts due under its policies by offering 
                substantially less than the amounts ultimately 
                recovered in suits brought by them.
                    ``(H) A pattern or practice of attempting to settle 
                or settling claims for less than the amount that a 
                reasonable person would believe the insured individual 
                or his or her beneficiary was entitled by reference to 
                written or printed advertising material accompanying or 
                made part of an application.
                    ``(I) Attempting to settle or settling claims on 
                the basis of an application that was materially altered 
                without notice to, or knowledge or consent of, the 
                insured.
                    ``(J) Failing to provide forms necessary to present 
                claims within 15 calendar days of a request with 
                reasonable explanations regarding their use.
                    ``(K) Attempting to cancel a policy in less time 
                than that prescribed in the policy or by the law of the 
                primary State.
            ``(10) Fraud and abuse.--The term `fraud and abuse' means 
        an act or omission committed by a person who, knowingly and 
        with intent to defraud, commits, or conceals any material 
        information concerning, one or more of the following:
                    ``(A) Presenting, causing to be presented or 
                preparing with knowledge or belief that it will be 
                presented to or by an insurer, a reinsurer, broker or 
                its agent, false information as part of, in support of 
                or concerning a fact material to one or more of the 
                following:
                            ``(i) An application for the issuance or 
                        renewal of an insurance policy or reinsurance 
                        contract.
                            ``(ii) The rating of an insurance policy or 
                        reinsurance contract.
                            ``(iii) A claim for payment or benefit 
                        pursuant to an insurance policy or reinsurance 
                        contract.
                            ``(iv) Premiums paid on an insurance policy 
                        or reinsurance contract.
                            ``(v) Payments made in accordance with the 
                        terms of an insurance policy or reinsurance 
                        contract.
                            ``(vi) A document filed with the 
                        commissioner or the chief insurance regulatory 
                        official of another jurisdiction.
                            ``(vii) The financial condition of an 
                        insurer or reinsurer.
                            ``(viii) The formation, acquisition, 
                        merger, reconsolidation, dissolution or 
                        withdrawal from one or more lines of insurance 
                        or reinsurance in all or part of a State by an 
                        insurer or reinsurer.
                            ``(ix) The issuance of written evidence of 
                        insurance.
                            ``(x) The reinstatement of an insurance 
                        policy.
                    ``(B) Solicitation or acceptance of new or renewal 
                insurance risks on behalf of an insurer reinsurer or 
                other person engaged in the business of insurance by a 
                person who knows or should know that the insurer or 
                other person responsible for the risk is insolvent at 
                the time of the transaction.
                    ``(C) Transaction of the business of insurance in 
                violation of laws requiring a license, certificate of 
                authority or other legal authority for the transaction 
                of the business of insurance.
                    ``(D) Attempt to commit, aiding or abetting in the 
                commission of, or conspiracy to commit the acts or 
                omissions specified in this paragraph.

``SEC. 2796. APPLICATION OF LAW.

    ``(a) In General.--The covered laws of the primary State shall 
apply to individual health insurance coverage offered by a health 
insurance issuer in the primary State and in any secondary State, but 
only if the coverage and issuer comply with the conditions of this 
section with respect to the offering of coverage in any secondary 
State.
    ``(b) Exemptions From Covered Laws in a Secondary State.--Except as 
provided in this section, a health insurance issuer with respect to its 
offer, sale, rating (including medical underwriting), renewal, and 
issuance of individual health insurance coverage in any secondary State 
is exempt from any covered laws of the secondary State (and any rules, 
regulations, agreements, or orders sought or issued by such State under 
or related to such covered laws) to the extent that such laws would--
            ``(1) make unlawful, or regulate, directly or indirectly, 
        the operation of the health insurance issuer operating in the 
        secondary State, except that any secondary State may require 
        such an issuer--
                    ``(A) to pay, on a nondiscriminatory basis, 
                applicable premium and other taxes (including high risk 
                pool assessments) which are levied on insurers and 
                surplus lines insurers, brokers, or policyholders under 
                the laws of the State;
                    ``(B) to register with and designate the State 
                insurance commissioner as its agent solely for the 
                purpose of receiving service of legal documents or 
                process;
                    ``(C) to submit to an examination of its financial 
                condition by the State insurance commissioner in any 
                State in which the issuer is doing business to 
                determine the issuer's financial condition, if--
                            ``(i) the State insurance commissioner of 
                        the primary State has not done an examination 
                        within the period recommended by the National 
                        Association of Insurance Commissioners; and
                            ``(ii) any such examination is conducted in 
                        accordance with the examiners' handbook of the 
                        National Association of Insurance Commissioners 
                        and is coordinated to avoid unjustified 
                        duplication and unjustified repetition;
                    ``(D) to comply with a lawful order issued--
                            ``(i) in a delinquency proceeding commenced 
                        by the State insurance commissioner if there 
                        has been a finding of financial impairment 
                        under subparagraph (C); or
                            ``(ii) in a voluntary dissolution 
                        proceeding;
                    ``(E) to comply with an injunction issued by a 
                court of competent jurisdiction, upon a petition by the 
                State insurance commissioner alleging that the issuer 
                is in hazardous financial condition;
                    ``(F) to participate, on a nondiscriminatory basis, 
                in any insurance insolvency guaranty association or 
                similar association to which a health insurance issuer 
                in the State is required to belong;
                    ``(G) to comply with any State law regarding fraud 
                and abuse (as defined in section 2795(10)), except that 
                if the State seeks an injunction regarding the conduct 
                described in this subparagraph, such injunction must be 
                obtained from a court of competent jurisdiction;
                    ``(H) to comply with any State law regarding unfair 
                claims settlement practices (as defined in section 
                2795(9)); or
                    ``(I) to comply with the applicable requirements 
                for independent review under section 2798 with respect 
                to coverage offered in the State;
            ``(2) require any individual health insurance coverage 
        issued by the issuer to be countersigned by an insurance agent 
        or broker residing in that secondary State; or
            ``(3) otherwise discriminate against the issuer issuing 
        insurance in both the primary State and in any secondary State.
    ``(c) Clear and Conspicuous Disclosure.--A health insurance issuer 
shall provide the following notice, in 12-point bold type, in any 
insurance coverage offered in a secondary State under this part by such 
a health insurance issuer and at renewal of the policy, with the 5 
blank spaces therein being appropriately filled with the name of the 
health insurance issuer, the name of the primary State, the name of the 
secondary State, the name of the secondary State, and the name of the 
secondary State, respectively, for the coverage concerned:
            ``Notice
            ```This policy is issued by _____ and is governed by the 
        laws and regulations of the State of _____, and it has met all 
        the laws of that State as determined by that State's Department 
        of Insurance. This policy may be less expensive than others 
        because it is not subject to all of the insurance laws and 
        regulations of the State of _____, including coverage of some 
        services or benefits mandated by the law of the State of _____. 
        Additionally, this policy is not subject to all of the consumer 
        protection laws or restrictions on rate changes of the State of 
        _____. As with all insurance products, before purchasing this 
        policy, you should carefully review the policy and determine 
        what health care services the policy covers and what benefits 
        it provides, including any exclusions, limitations, or 
        conditions for such services or benefits.'.
    ``(d) Prohibition on Certain Reclassifications and Premium 
Increases.--
            ``(1) In general.--For purposes of this section, a health 
        insurance issuer that provides individual health insurance 
        coverage to an individual under this part in a primary or 
        secondary State may not upon renewal--
                    ``(A) move or reclassify the individual insured 
                under the health insurance coverage from the class such 
                individual is in at the time of issue of the contract 
                based on the health-status related factors of the 
                individual; or
                    ``(B) increase the premiums assessed the individual 
                for such coverage based on a health status-related 
                factor or change of a health status-related factor or 
                the past or prospective claim experience of the insured 
                individual.
            ``(2) Construction.--Nothing in paragraph (1) shall be 
        construed to prohibit a health insurance issuer--
                    ``(A) from terminating or discontinuing coverage or 
                a class of coverage in accordance with subsections (b) 
                and (c) of section 2742;
                    ``(B) from raising premium rates for all 
                policyholders within a class based on claims 
                experience;
                    ``(C) from changing premiums or offering discounted 
                premiums to individuals who engage in wellness 
                activities at intervals prescribed by the issuer, if 
                such premium changes or incentives--
                            ``(i) are disclosed to the consumer in the 
                        insurance contract;
                            ``(ii) are based on specific wellness 
                        activities that are not applicable to all 
                        individuals; and
                            ``(iii) are not obtainable by all 
                        individuals to whom coverage is offered;
                    ``(D) from reinstating lapsed coverage; or
                    ``(E) from retroactively adjusting the rates 
                charged an insured individual if the initial rates were 
                set based on material misrepresentation by the 
                individual at the time of issue.
    ``(e) Prior Offering of Policy in Primary State.--A health 
insurance issuer may not offer for sale individual health insurance 
coverage in a secondary State unless that coverage is currently offered 
for sale in the primary State.
    ``(f) Licensing of Agents or Brokers for Health Insurance 
Issuers.--Any State may require that a person acting, or offering to 
act, as an agent or broker for a health insurance issuer with respect 
to the offering of individual health insurance coverage obtain a 
license from that State, with commissions or other compensation subject 
to the provisions of the laws of that State, except that a State may 
not impose any qualification or requirement which discriminates against 
a nonresident agent or broker.
    ``(g) Documents for Submission to State Insurance Commissioner.--
Each health insurance issuer issuing individual health insurance 
coverage in both primary and secondary States shall submit--
            ``(1) to the insurance commissioner of each State in which 
        it intends to offer such coverage, before it may offer 
        individual health insurance coverage in such State--
                    ``(A) a copy of the plan of operation or 
                feasibility study or any similar statement of the 
                policy being offered and its coverage (which shall 
                include the name of its primary State and its principal 
                place of business);
                    ``(B) written notice of any change in its 
                designation of its primary State; and
                    ``(C) written notice from the issuer of the 
                issuer's compliance with all the laws of the primary 
                State; and
            ``(2) to the insurance commissioner of each secondary State 
        in which it offers individual health insurance coverage, a copy 
        of the issuer's quarterly financial statement submitted to the 
        primary State, which statement shall be certified by an 
        independent public accountant and contain a statement of 
        opinion on loss and loss adjustment expense reserves made by--
                    ``(A) a member of the American Academy of 
                Actuaries; or
                    ``(B) a qualified loss reserve specialist.
    ``(h) Power of Courts To Enjoin Conduct.--Nothing in this section 
shall be construed to affect the authority of any Federal or State 
court to enjoin--
            ``(1) the solicitation or sale of individual health 
        insurance coverage by a health insurance issuer to any person 
        or group who is not eligible for such insurance; or
            ``(2) the solicitation or sale of individual health 
        insurance coverage that violates the requirements of the law of 
        a secondary State which are described in subparagraphs (A) 
        through (H) of section 2796(b)(1).
    ``(i) Power of Secondary States To Take Administrative Action.--
Nothing in this section shall be construed to affect the authority of 
any State to enjoin conduct in violation of that State's laws described 
in section 2796(b)(1).
    ``(j) State Powers To Enforce State Laws.--
            ``(1) In general.--Subject to the provisions of subsection 
        (b)(1)(G) (relating to injunctions) and paragraph (2), nothing 
        in this section shall be construed to affect the authority of 
        any State to make use of any of its powers to enforce the laws 
        of such State with respect to which a health insurance issuer 
        is not exempt under subsection (b).
            ``(2) Courts of competent jurisdiction.--If a State seeks 
        an injunction regarding the conduct described in paragraphs (1) 
        and (2) of subsection (h), such injunction must be obtained 
        from a Federal or State court of competent jurisdiction.
    ``(k) States' Authority To Sue.--Nothing in this section shall 
affect the authority of any State to bring action in any Federal or 
State court.
    ``(l) Generally Applicable Laws.--Nothing in this section shall be 
construed to affect the applicability of State laws generally 
applicable to persons or corporations.
    ``(m) Guaranteed Availability of Coverage to HIPAA Eligible 
Individuals.--To the extent that a health insurance issuer is offering 
coverage in a primary State that does not accommodate residents of 
secondary States or does not provide a working mechanism for residents 
of a secondary State, and the issuer is offering coverage under this 
part in such secondary State which has not adopted a qualified high 
risk pool as its acceptable alternative mechanism (as defined in 
section 2744(c)(2)), the issuer shall, with respect to any individual 
health insurance coverage offered in a secondary State under this part, 
comply with the guaranteed availability requirements for eligible 
individuals in section 2741.

``SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY 
              SELL INTO SECONDARY STATES.

    ``A health insurance issuer may not offer, sell, or issue 
individual health insurance coverage in a secondary State if the State 
insurance commissioner does not use a risk-based capital formula for 
the determination of capital and surplus requirements for all health 
insurance issuers.

``SEC. 2798. INDEPENDENT EXTERNAL APPEALS PROCEDURES.

    ``(a) Right to External Appeal.--A health insurance issuer may not 
offer, sell, or issue individual health insurance coverage in a 
secondary State under the provisions of this title unless--
            ``(1) both the secondary State and the primary State have 
        legislation or regulations in place establishing an independent 
        review process for individuals who are covered by individual 
        health insurance coverage, or
            ``(2) in any case in which the requirements of subparagraph 
        (A) are not met with respect to the either of such States, the 
        issuer provides an independent review mechanism substantially 
        identical (as determined by the applicable State authority of 
        such State) to that prescribed in the `Health Carrier External 
        Review Model Act' of the National Association of Insurance 
        Commissioners for all individuals who purchase insurance 
        coverage under the terms of this part, except that, under such 
        mechanism, the review is conducted by an independent medical 
        reviewer, or a panel of such reviewers, with respect to whom 
        the requirements of subsection (b) are met.
    ``(b) Qualifications of Independent Medical Reviewers.--In the case 
of any independent review mechanism referred to in subsection (a)(2), 
the following shall apply:
            ``(1) In general.--In referring a denial of a claim to an 
        independent medical reviewer, or to any panel of such 
        reviewers, to conduct independent medical review, the issuer 
        shall ensure that--
                    ``(A) each independent medical reviewer meets the 
                qualifications described in paragraphs (2) and (3);
                    ``(B) with respect to each review, each reviewer 
                meets the requirements of paragraph (4) and the 
                reviewer, or at least 1 reviewer on the panel, meets 
                the requirements described in paragraph (5); and
                    ``(C) compensation provided by the issuer to each 
                reviewer is consistent with paragraph (6).
            ``(2) Licensure and expertise.--Each independent medical 
        reviewer shall be a physician (allopathic or osteopathic) or 
        health care professional who--
                    ``(A) is appropriately credentialed or licensed in 
                one or more States to deliver health care services; and
                    ``(B) typically treats the condition, makes the 
                diagnosis, or provides the type of treatment under 
                review.
            ``(3) Independence.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each independent medical reviewer in a case shall--
                            ``(i) not be a related party (as defined in 
                        paragraph (7));
                            ``(ii) not have a material familial, 
                        financial, or professional relationship with 
                        such a party; and
                            ``(iii) not otherwise have a conflict of 
                        interest with such a party (as determined under 
                        regulations).
                    ``(B) Exception.--Nothing in subparagraph (A) shall 
                be construed to--
                            ``(i) prohibit an individual, solely on the 
                        basis of affiliation with the issuer, from 
                        serving as an independent medical reviewer if--
                                    ``(I) a non-affiliated individual 
                                is not reasonably available;
                                    ``(II) the affiliated individual is 
                                not involved in the provision of items 
                                or services in the case under review;
                                    ``(III) the fact of such an 
                                affiliation is disclosed to the issuer 
                                and the enrollee (or authorized 
                                representative) and neither party 
                                objects; and
                                    ``(IV) the affiliated individual is 
                                not an employee of the issuer and does 
                                not provide services exclusively or 
                                primarily to or on behalf of the 
                                issuer;
                            ``(ii) prohibit an individual who has staff 
                        privileges at the institution where the 
                        treatment involved takes place from serving as 
                        an independent medical reviewer merely on the 
                        basis of such affiliation if the affiliation is 
                        disclosed to the issuer and the enrollee (or 
                        authorized representative), and neither party 
                        objects; or
                            ``(iii) prohibit receipt of compensation by 
                        an independent medical reviewer from an entity 
                        if the compensation is provided consistent with 
                        paragraph (6).
            ``(4) Practicing health care professional in same field.--
                    ``(A) In general.--In a case involving treatment, 
                or the provision of items or services--
                            ``(i) by a physician, a reviewer shall be a 
                        practicing physician (allopathic or 
                        osteopathic) of the same or similar specialty, 
                        as a physician who, acting within the 
                        appropriate scope of practice within the State 
                        in which the service is provided or rendered, 
                        typically treats the condition, makes the 
                        diagnosis, or provides the type of treatment 
                        under review; or
                            ``(ii) by a non-physician health care 
                        professional, the reviewer, or at least 1 
                        member of the review panel, shall be a 
                        practicing non-physician health care 
                        professional of the same or similar specialty 
                        as the non-physician health care professional 
                        who, acting within the appropriate scope of 
                        practice within the State in which the service 
                        is provided or rendered, typically treats the 
                        condition, makes the diagnosis, or provides the 
                        type of treatment under review.
                    ``(B) Practicing defined.--For purposes of this 
                paragraph, the term `practicing' means, with respect to 
                an individual who is a physician or other health care 
                professional, that the individual provides health care 
                services to individual patients on average at least 2 
                days per week.
            ``(5) Pediatric expertise.--In the case of an external 
        review relating to a child, a reviewer shall have expertise 
        under paragraph (2) in pediatrics.
            ``(6) Limitations on reviewer compensation.--Compensation 
        provided by the issuer to an independent medical reviewer in 
        connection with a review under this section shall--
                    ``(A) not exceed a reasonable level; and
                    ``(B) not be contingent on the decision rendered by 
                the reviewer.
            ``(7) Related party defined.--For purposes of this section, 
        the term `related party' means, with respect to a denial of a 
        claim under a coverage relating to an enrollee, any of the 
        following:
                    ``(A) The issuer involved, or any fiduciary, 
                officer, director, or employee of the issuer.
                    ``(B) The enrollee (or authorized representative).
                    ``(C) The health care professional that provides 
                the items or services involved in the denial.
                    ``(D) The institution at which the items or 
                services (or treatment) involved in the denial are 
                provided.
                    ``(E) The manufacturer of any drug or other item 
                that is included in the items or services involved in 
                the denial.
                    ``(F) Any other party determined under any 
                regulations to have a substantial interest in the 
                denial involved.
            ``(8) Definitions.--For purposes of this subsection:
                    ``(A) Enrollee.--The term `enrollee' means, with 
                respect to health insurance coverage offered by a 
                health insurance issuer, an individual enrolled with 
                the issuer to receive such coverage.
                    ``(B) Health care professional.--The term `health 
                care professional' means an individual who is licensed, 
                accredited, or certified under State law to provide 
                specified health care services and who is operating 
                within the scope of such licensure, accreditation, or 
                certification.

``SEC. 2799. ENFORCEMENT.

    ``(a) In General.--Subject to subsection (b), with respect to 
specific individual health insurance coverage the primary State for 
such coverage has sole jurisdiction to enforce the primary State's 
covered laws in the primary State and any secondary State.
    ``(b) Secondary State's Authority.--Nothing in subsection (a) shall 
be construed to affect the authority of a secondary State to enforce 
its laws as set forth in the exception specified in section 2796(b)(1).
    ``(c) Court Interpretation.--In reviewing action initiated by the 
applicable secondary State authority, the court of competent 
jurisdiction shall apply the covered laws of the primary State.
    ``(d) Notice of Compliance Failure.--In the case of individual 
health insurance coverage offered in a secondary State that fails to 
comply with the covered laws of the primary State, the applicable State 
authority of the secondary State may notify the applicable State 
authority of the primary State.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to individual health insurance coverage offered, issued, or sold 
after the date that is one year after the date of the enactment of this 
Act.
    (c) GAO Ongoing Study and Reports.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct an ongoing study concerning the effect of the 
        amendment made by subsection (a) on--
                    (A) the number of uninsured and underinsured;
                    (B) the availability and cost of health insurance 
                policies for individuals with preexisting medical 
                conditions;
                    (C) the availability and cost of health insurance 
                policies generally;
                    (D) the elimination or reduction of different types 
                of benefits under health insurance policies offered in 
                different States; and
                    (E) cases of fraud or abuse relating to health 
                insurance coverage offered under such amendment and the 
                resolution of such cases.
            (2) Annual reports.--The Comptroller General shall submit 
        to Congress an annual report, after the end of each of the 5 
        years following the effective date of the amendment made by 
        subsection (a), on the ongoing study conducted under paragraph 
        (1).

SEC. 702. SEVERABILITY.

    If any provision of this subtitle or the application of such 
provision to any person or circumstance is held to be unconstitutional, 
the remainder of this subtitle and the application of the provisions of 
such to any other person or circumstance shall not be affected.

                 Subtitle B--Medical Malpractice Reform

SEC. 711. PURPOSE.

    It is the purpose of this subtitle to implement reasonable, 
comprehensive, and effective health care liability reforms designed 
to--
            (1) improve the availability of health care services in 
        cases in which health care liability actions have been shown to 
        be a factor in the decreased availability of services;
            (2) reduce the incidence of ``defensive medicine'' and 
        lower the cost of health care liability insurance, all of which 
        contribute to the escalation of health care costs;
            (3) ensure that persons with meritorious health care injury 
        claims receive fair and adequate compensation, including 
        reasonable noneconomic damages;
            (4) improve the fairness and cost-effectiveness of our 
        current health care liability system to resolve disputes over, 
        and provide compensation for, health care liability by reducing 
        uncertainty in the amount of compensation provided to injured 
        individuals; and
            (5) provide an increased sharing of information in the 
        health care system which will reduce unintended injury and 
        improve patient care.

SEC. 712. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

    The time for the commencement of a health care lawsuit shall be 3 
years after the date of manifestation of injury or 1 year after the 
claimant discovers, or through the use of reasonable diligence should 
have discovered, the injury, whichever occurs first. In no event shall 
the time for commencement of a health care lawsuit exceed 3 years after 
the date of manifestation of injury unless tolled for any of the 
following--
            (1) upon proof of fraud;
            (2) intentional concealment; or
            (3) the presence of a foreign body, which has no 
        therapeutic or diagnostic purpose or effect, in the person of 
        the injured person.
Actions by a minor shall be commenced within 3 years from the date of 
the alleged manifestation of injury except that actions by a minor 
under the full age of 6 years shall be commenced within 3 years of 
manifestation of injury or prior to the minor's 8th birthday, whichever 
provides a longer period. Such time limitation shall be tolled for 
minors for any period during which a parent or guardian and a health 
care provider or health care organization have committed fraud or 
collusion in the failure to bring an action on behalf of the injured 
minor.

SEC. 713. COMPENSATING PATIENT INJURY.

    (a) Unlimited Amount of Damages for Actual Economic Losses in 
Health Care Lawsuits.--In any health care lawsuit, nothing in this 
subtitle shall limit a claimant's recovery of the full amount of the 
available economic damages, notwithstanding the limitation in 
subsection (b).
    (b) Additional Noneconomic Damages.--In any health care lawsuit, 
the amount of noneconomic damages, if available, may be as much as 
$250,000, regardless of the number of parties against whom the action 
is brought or the number of separate claims or actions brought with 
respect to the same injury.
    (c) No Discount of Award for Noneconomic Damages.--For purposes of 
applying the limitation in subsection (b), future noneconomic damages 
shall not be discounted to present value. The jury shall not be 
informed about the maximum award for noneconomic damages. An award for 
noneconomic damages in excess of $250,000 shall be reduced either 
before the entry of judgment, or by amendment of the judgment after 
entry of judgment, and such reduction shall be made before accounting 
for any other reduction in damages required by law. If separate awards 
are rendered for past and future noneconomic damages and the combined 
awards exceed $250,000, the future noneconomic damages shall be reduced 
first.
    (d) Fair Share Rule.--In any health care lawsuit, each party shall 
be liable for that party's several share of any damages only and not 
for the share of any other person. Each party shall be liable only for 
the amount of damages allocated to such party in direct proportion to 
such party's percentage of responsibility. Whenever a judgment of 
liability is rendered as to any party, a separate judgment shall be 
rendered against each such party for the amount allocated to such 
party. For purposes of this section, the trier of fact shall determine 
the proportion of responsibility of each party for the claimant's harm.

SEC. 714. MAXIMIZING PATIENT RECOVERY.

    (a) Court Supervision of Share of Damages Actually Paid to 
Claimants.--In any health care lawsuit, the court shall supervise the 
arrangements for payment of damages to protect against conflicts of 
interest that may have the effect of reducing the amount of damages 
awarded that are actually paid to claimants. In particular, in any 
health care lawsuit in which the attorney for a party claims a 
financial stake in the outcome by virtue of a contingent fee, the court 
shall have the power to restrict the payment of a claimant's damage 
recovery to such attorney, and to redirect such damages to the claimant 
based upon the interests of justice and principles of equity. In no 
event shall the total of all contingent fees for representing all 
claimants in a health care lawsuit exceed the following limits:
            (1) Forty percent of the first $50,000 recovered by the 
        claimant(s).
            (2) Thirty-three and one-third percent of the next $50,000 
        recovered by the claimant(s).
            (3) Twenty-five percent of the next $500,000 recovered by 
        the claimant(s).
            (4) Fifteen percent of any amount by which the recovery by 
        the claimant(s) is in excess of $600,000.
    (b) Applicability.--The limitations in this section shall apply 
whether the recovery is by judgment, settlement, mediation, 
arbitration, or any other form of alternative dispute resolution. In a 
health care lawsuit involving a minor or incompetent person, a court 
retains the authority to authorize or approve a fee that is less than 
the maximum permitted under this section. The requirement for court 
supervision in the first two sentences of subsection (a) applies only 
in civil actions.

SEC. 715. PUNITIVE DAMAGES.

    (a) In General.--Punitive damages may, if otherwise permitted by 
applicable State or Federal law, be awarded against any person in a 
health care lawsuit only if it is proven by clear and convincing 
evidence that such person acted with malicious intent to injure the 
claimant, or that such person deliberately failed to avoid unnecessary 
injury that such person knew the claimant was substantially certain to 
suffer. In any health care lawsuit where no judgment for compensatory 
damages is rendered against such person, no punitive damages may be 
awarded with respect to the claim in such lawsuit. No demand for 
punitive damages shall be included in a health care lawsuit as 
initially filed. A court may allow a claimant to file an amended 
pleading for punitive damages only upon a motion by the claimant and 
after a finding by the court, upon review of supporting and opposing 
affidavits or after a hearing, after weighing the evidence, that the 
claimant has established by a substantial probability that the claimant 
will prevail on the claim for punitive damages. At the request of any 
party in a health care lawsuit, the trier of fact shall consider in a 
separate proceeding--
            (1) whether punitive damages are to be awarded and the 
        amount of such award; and
            (2) the amount of punitive damages following a 
        determination of punitive liability.
If a separate proceeding is requested, evidence relevant only to the 
claim for punitive damages, as determined by applicable State law, 
shall be inadmissible in any proceeding to determine whether 
compensatory damages are to be awarded.
    (b) Determining Amount of Punitive Damages.--
            (1) Factors considered.--In determining the amount of 
        punitive damages, if awarded, in a health care lawsuit, the 
        trier of fact shall consider only the following:
                    (A) The severity of the harm caused by the conduct 
                of such party.
                    (B) The duration of the conduct or any concealment 
                of it by such party.
                    (C) The profitability of the conduct to such party.
                    (D) The number of products sold or medical 
                procedures rendered for compensation, as the case may 
                be, by such party, of the kind causing the harm 
                complained of by the claimant.
                    (E) Any criminal penalties imposed on such party, 
                as a result of the conduct complained of by the 
                claimant.
                    (F) The amount of any civil fines assessed against 
                such party as a result of the conduct complained of by 
                the claimant.
            (2) Maximum award.--The amount of punitive damages, if 
        awarded, in a health care lawsuit may be as much as $250,000 or 
        as much as two times the amount of economic damages awarded, 
        whichever is greater. The jury may not be informed of this 
        limitation.
    (c) No Punitive Damages for Products That Comply With FDA 
Standards.--
            (1) In general.--
                    (A) No punitive damages may be awarded against the 
                manufacturer or distributor of a medical product, or a 
                supplier of any component or raw material of such 
                medical product, based on a claim that such product 
                caused the claimant's harm where--
                            (i)(I) such medical product was subject to 
                        premarket approval, clearance, or licensure by 
                        the Food and Drug Administration with respect 
                        to the safety of the formulation or performance 
                        of the aspect of such medical product which 
                        caused the claimant's harm or the adequacy of 
                        the packaging or labeling of such medical 
                        product; and
                            (II) such medical product was so approved, 
                        cleared, or licensed; or
                            (ii) such medical product is generally 
                        recognized among qualified experts as safe and 
                        effective pursuant to conditions established by 
                        the Food and Drug Administration and applicable 
                        Food and Drug Administration regulations, 
                        including without limitation those related to 
                        packaging and labeling, unless the Food and 
                        Drug Administration has determined that such 
                        medical product was not manufactured or 
                        distributed in substantial compliance with 
                        applicable Food and Drug Administration 
                        statutes and regulations.
                    (B) Rule of construction.--Subparagraph (A) may not 
                be construed as establishing the obligation of the Food 
                and Drug Administration to demonstrate affirmatively 
                that a manufacturer, distributor, or supplier referred 
                to in such subparagraph meets any of the conditions 
                described in such subparagraph.
            (2) Liability of health care providers.--A health care 
        provider who prescribes, or who dispenses pursuant to a 
        prescription, a medical product approved, licensed, or cleared 
        by the Food and Drug Administration shall not be named as a 
        party to a product liability lawsuit involving such product and 
        shall not be liable to a claimant in a class action lawsuit 
        against the manufacturer, distributor, or seller of such 
        product. Nothing in this paragraph prevents a court from 
        consolidating cases involving health care providers and cases 
        involving products liability claims against the manufacturer, 
        distributor, or product seller of such medical product.
            (3) Packaging.--In a health care lawsuit for harm which is 
        alleged to relate to the adequacy of the packaging or labeling 
        of a drug which is required to have tamper-resistant packaging 
        under regulations of the Secretary of Health and Human Services 
        (including labeling regulations related to such packaging), the 
        manufacturer or product seller of the drug shall not be held 
        liable for punitive damages unless such packaging or labeling 
        is found by the trier of fact by clear and convincing evidence 
        to be substantially out of compliance with such regulations.
            (4) Exception.--Paragraph (1) shall not apply in any health 
        care lawsuit in which--
                    (A) a person, before or after premarket approval, 
                clearance, or licensure of such medical product, 
                knowingly misrepresented to or withheld from the Food 
                and Drug Administration information that is required to 
                be submitted under the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 301 et seq.) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) that is 
                material and is causally related to the harm which the 
                claimant allegedly suffered;
                    (B) a person made an illegal payment to an official 
                of the Food and Drug Administration for the purpose of 
                either securing or maintaining approval, clearance, or 
                licensure of such medical product; or
                    (C) the defendant caused the medical product which 
                caused the claimant's harm to be misbranded or 
                adulterated (as such terms are used in chapter V of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et 
                seq.)).

SEC. 716. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN 
              HEALTH CARE LAWSUITS.

    (a) In General.--In any health care lawsuit, if an award of future 
damages, without reduction to present value, equaling or exceeding 
$50,000 is made against a party with sufficient insurance or other 
assets to fund a periodic payment of such a judgment, the court shall, 
at the request of any party, enter a judgment ordering that the future 
damages be paid by periodic payments, in accordance with the Uniform 
Periodic Payment of Judgments Act promulgated by the National 
Conference of Commissioners on Uniform State Laws.
    (b) Applicability.--This section applies to all actions which have 
not been first set for trial or retrial before the effective date of 
this subtitle.

SEC. 717. DEFINITIONS.

    In this subtitle:
            (1) Alternative dispute resolution system; adr.--The term 
        ``alternative dispute resolution system'' or ``ADR'' means a 
        system that provides for the resolution of health care lawsuits 
        in a manner other than through a civil action brought in a 
        State or Federal court.
            (2) Claimant.--The term ``claimant'' means any person who 
        brings a health care lawsuit, including a person who asserts or 
        claims a right to legal or equitable contribution, indemnity, 
        or subrogation, arising out of a health care liability claim or 
        action, and any person on whose behalf such a claim is asserted 
        or such an action is brought, whether deceased, incompetent, or 
        a minor.
            (3) Compensatory damages.--The term ``compensatory 
        damages'' means objectively verifiable monetary losses incurred 
        as a result of the provision of, use of, or payment for (or 
        failure to provide, use, or pay for) health care services or 
        medical products, such as past and future medical expenses, 
        loss of past and future earnings, cost of obtaining domestic 
        services, loss of employment, and loss of business or 
        employment opportunities, damages for physical and emotional 
        pain, suffering, inconvenience, physical impairment, mental 
        anguish, disfigurement, loss of enjoyment of life, loss of 
        society and companionship, loss of consortium (other than loss 
        of domestic service), hedonic damages, injury to reputation, 
        and all other nonpecuniary losses of any kind or nature. The 
        term ``compensatory damages'' includes economic damages and 
        noneconomic damages, as such terms are defined in this section.
            (4) Contingent fee.--The term ``contingent fee'' includes 
        all compensation to any person or persons which is payable only 
        if a recovery is effected on behalf of one or more claimants.
            (5) Economic damages.--The term ``economic damages'' means 
        objectively verifiable monetary losses incurred as a result of 
        the provision of, use of, or payment for (or failure to 
        provide, use, or pay for) health care services or medical 
        products, such as past and future medical expenses, loss of 
        past and future earnings, cost of obtaining domestic services, 
        loss of employment, and loss of business or employment 
        opportunities.
            (6) Health care lawsuit.--The term ``health care lawsuit'' 
        means any health care liability claim concerning the provision 
        of health care goods or services or any medical product 
        affecting interstate commerce, or any health care liability 
        action concerning the provision of health care goods or 
        services or any medical product affecting interstate commerce, 
        brought in a State or Federal court or pursuant to an 
        alternative dispute resolution system, against a health care 
        provider, a health care organization, or the manufacturer, 
        distributor, supplier, marketer, promoter, or seller of a 
        medical product, regardless of the theory of liability on which 
        the claim is based, or the number of claimants, plaintiffs, 
        defendants, or other parties, or the number of claims or causes 
        of action, in which the claimant alleges a health care 
        liability claim. Such term does not include a claim or action 
        which is based on criminal liability; which seeks civil fines 
        or penalties paid to Federal, State, or local government; or 
        which is grounded in antitrust.
            (7) Health care liability action.--The term ``health care 
        liability action'' means a civil action brought in a State or 
        Federal court or pursuant to an alternative dispute resolution 
        system, against a health care provider, a health care 
        organization, or the manufacturer, distributor, supplier, 
        marketer, promoter, or seller of a medical product, regardless 
        of the theory of liability on which the claim is based, or the 
        number of plaintiffs, defendants, or other parties, or the 
        number of causes of action, in which the claimant alleges a 
        health care liability claim.
            (8) Health care liability claim.--The term ``health care 
        liability claim'' means a demand by any person, whether or not 
        pursuant to ADR, against a health care provider, health care 
        organization, or the manufacturer, distributor, supplier, 
        marketer, promoter, or seller of a medical product, including, 
        but not limited to, third-party claims, cross-claims, counter-
        claims, or contribution claims, which are based upon the 
        provision of, use of, or payment for (or the failure to 
        provide, use, or pay for) health care services or medical 
        products, regardless of the theory of liability on which the 
        claim is based, or the number of plaintiffs, defendants, or 
        other parties, or the number of causes of action.
            (9) Health care organization.--The term ``health care 
        organization'' means any person or entity which is obligated to 
        provide or pay for health benefits under any health plan, 
        including any person or entity acting under a contract or 
        arrangement with a health care organization to provide or 
        administer any health benefit.
            (10) Health care provider.--The term ``health care 
        provider'' means any person or entity required by State or 
        Federal laws or regulations to be licensed, registered, or 
        certified to provide health care services, and being either so 
        licensed, registered, or certified, or exempted from such 
        requirement by other statute or regulation.
            (11) Health care goods or services.--The term ``health care 
        goods or services'' means any goods or services provided by a 
        health care organization, provider, or by any individual 
        working under the supervision of a health care provider, that 
        relates to the diagnosis, prevention, or treatment of any human 
        disease or impairment, or the assessment or care of the health 
        of human beings.
            (12) Malicious intent to injure.--The term ``malicious 
        intent to injure'' means intentionally causing or attempting to 
        cause physical injury other than providing health care goods or 
        services.
            (13) Medical product.--The term ``medical product'' means a 
        drug, device, or biological product intended for humans, and 
        the terms ``drug'', ``device'', and ``biological product'' have 
        the meanings given such terms in sections 201(g)(1) and 201(h) 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        321(g)(1) and (h)) and section 351(a) of the Public Health 
        Service Act (42 U.S.C. 262(a)), respectively, including any 
        component or raw material used therein, but excluding health 
        care services.
            (14) Noneconomic damages.--The term ``noneconomic damages'' 
        means damages for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation, and all other 
        nonpecuniary losses of any kind or nature.
            (15) Punitive damages.--The term ``punitive damages'' means 
        damages awarded, for the purpose of punishment or deterrence, 
        and not solely for compensatory purposes, against a health care 
        provider, health care organization, or a manufacturer, 
        distributor, or supplier of a medical product. Punitive damages 
        are neither economic nor noneconomic damages.
            (16) Recovery.--The term ``recovery'' means the net sum 
        recovered after deducting any disbursements or costs incurred 
        in connection with prosecution or settlement of the claim, 
        including all costs paid or advanced by any person. Costs of 
        health care incurred by the plaintiff and the attorneys' office 
        overhead costs or charges for legal services are not deductible 
        disbursements or costs for such purpose.
            (17) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the Northern 
        Mariana Islands, the Trust Territory of the Pacific Islands, 
        and any other territory or possession of the United States, or 
        any political subdivision thereof.

SEC. 718. EFFECT ON OTHER LAWS.

    (a) Vaccine Injury.--
            (1) To the extent that title XXI of the Public Health 
        Service Act establishes a Federal rule of law applicable to a 
        civil action brought for a vaccine-related injury or death--
                    (A) this subtitle does not affect the application 
                of the rule of law to such an action; and
                    (B) any rule of law prescribed by this subtitle in 
                conflict with a rule of law of such title XXI shall not 
                apply to such action.
            (2) If there is an aspect of a civil action brought for a 
        vaccine-related injury or death to which a Federal rule of law 
        under title XXI of the Public Health Service Act does not 
        apply, then this subtitle or otherwise applicable law (as 
        determined under this subtitle) will apply to such aspect of 
        such action.
    (b) Other Federal Law.--Except as provided in this section, nothing 
in this subtitle shall be deemed to affect any defense available to a 
defendant in a health care lawsuit or action under any other provision 
of Federal law.

SEC. 719. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

    (a) Health Care Lawsuits.--The provisions governing health care 
lawsuits set forth in this subtitle preempt, subject to subsections (b) 
and (c), State law to the extent that State law prevents the 
application of any provisions of law established by or under this 
subtitle. The provisions governing health care lawsuits set forth in 
this subtitle supersede chapter 171 of title 28, United States Code, to 
the extent that such chapter--
            (1) provides for a greater amount of damages or contingent 
        fees, a longer period in which a health care lawsuit may be 
        commenced, or a reduced applicability or scope of periodic 
        payment of future damages, than provided in this subtitle; or
            (2) prohibits the introduction of evidence regarding 
        collateral source benefits, or mandates or permits subrogation 
        or a lien on collateral source benefits.
    (b) Protection of States' Rights and Other Laws.--(1) Any issue 
that is not governed by any provision of law established by or under 
this subtitle (including State standards of negligence) shall be 
governed by otherwise applicable State or Federal law.
    (2) This subtitle shall not preempt or supersede any State or 
Federal law that imposes greater procedural or substantive protections 
for health care providers and health care organizations from liability, 
loss, or damages than those provided by this subtitle or create a cause 
of action.
    (c) State Flexibility.--No provision of this subtitle shall be 
construed to preempt--
            (1) any State law (whether effective before, on, or after 
        the date of the enactment of this subtitle) that specifies a 
        particular monetary amount of compensatory or punitive damages 
        (or the total amount of damages) that may be awarded in a 
        health care lawsuit, regardless of whether such monetary amount 
        is greater or lesser than is provided for under this subtitle, 
        notwithstanding section 4(a); or
            (2) any defense available to a party in a health care 
        lawsuit under any other provision of State or Federal law.

SEC. 720. APPLICABILITY; EFFECTIVE DATE.

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

SEC. 721. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED 
              PURSUANT TO EMTALA.

    Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) 
is amended--
            (1) in paragraph (4), by striking ``An entity'' and 
        inserting ``Subject to paragraph (6), an entity''; and
            (2) by adding at the end the following:
            ``(6)(A) For purposes of this section--
                    ``(i) an entity described in subparagraph (B) shall 
                be considered to be an entity described in paragraph 
                (4); and
                    ``(ii) the provisions of this section shall apply 
                to an entity described in subparagraph (B) in the same 
                manner as such provisions apply to an entity described 
                in paragraph (4), except that--
                            ``(I) notwithstanding paragraph (1)(B), the 
                        deeming of any entity described in subparagraph 
                        (B), or of an officer, governing board member, 
                        employee, contractor, or on-call provider of 
                        such an entity, to be an employee of the Public 
                        Health Service for purposes of this section 
                        shall apply only with respect to items and 
                        services that are furnished to an individual 
                        pursuant to section 1867 of the Social Security 
                        Act and to post stabilization services (as 
                        defined in subparagraph (D)) furnished to such 
                        an individual;
                            ``(II) nothing in paragraph (1)(D) shall be 
                        construed as preventing a physician or 
                        physician group described in subparagraph 
                        (B)(ii) from making the application referred to 
                        in such paragraph or as conditioning the 
                        deeming of a physician or physician group that 
                        makes such an application upon receipt by the 
                        Secretary of an application from the hospital 
                        or emergency department that employs or 
                        contracts with the physician or group, or 
                        enlists the physician or physician group as an 
                        on-call provider;
                            ``(III) notwithstanding paragraph (3), this 
                        paragraph shall apply only with respect to 
                        causes of action arising from acts or omissions 
                        that occur on or after January 1, 2017;
                            ``(IV) paragraph (5) shall not apply to a 
                        physician or physician group described in 
                        subparagraph (B)(ii);
                            ``(V) the Attorney General, in consultation 
                        with the Secretary, shall make separate 
                        estimates under subsection (k)(1) with respect 
                        to entities described in subparagraph (B) and 
                        entities described in paragraph (4) (other than 
                        those described in subparagraph (B)), and the 
                        Secretary shall establish separate funds under 
                        subsection (k)(2) with respect to such groups 
                        of entities, and any appropriations under this 
                        subsection for entities described in 
                        subparagraph (B) shall be separate from the 
                        amounts authorized by subsection (k)(2);
                            ``(VI) notwithstanding subsection (k)(2), 
                        the amount of the fund established by the 
                        Secretary under such subsection with respect to 
                        entities described in subparagraph (B) may 
                        exceed a total of $10,000,000 for a fiscal 
                        year; and
                            ``(VII) subsection (m) shall not apply to 
                        entities described in subparagraph (B).
            ``(B) An entity described in this subparagraph is--
                    ``(i) a hospital or an emergency department to 
                which section 1867 of the Social Security Act applies; 
                and
                    ``(ii) a physician or physician group that is 
                employed by, is under contract with, or is an on-call 
                provider of such hospital or emergency department, to 
                furnish items and services to individuals under such 
                section.
            ``(C) For purposes of this paragraph, the term `on-call 
        provider' means a physician or physician group that--
                    ``(i) has full, temporary, or locum tenens staff 
                privileges at a hospital or emergency department to 
                which section 1867 of the Social Security Act applies; 
                and
                    ``(ii) is not employed by or under contract with 
                such hospital or emergency department, but agrees to be 
                ready and available to provide services pursuant to 
                section 1867 of the Social Security Act or post-
                stabilization services to individuals being treated in 
                the hospital or emergency department with or without 
                compensation from the hospital or emergency department.
            ``(D) For purposes of this paragraph, the term `post 
        stabilization services' means, with respect to an individual 
        who has been treated by an entity described in subparagraph (B) 
        for purposes of complying with section 1867 of the Social 
        Security Act, services that are--
                    ``(i) related to the condition that was so treated; 
                and
                    ``(ii) provided after the individual is stabilized 
                in order to maintain the stabilized condition or to 
                improve or resolve the condition of the individual.
            ``(E)(i) Nothing in this paragraph (or in any other 
        provision of this section as such provision applies to entities 
        described in subparagraph (B) by operation of subparagraph (A)) 
        shall be construed as authorizing or requiring the Secretary to 
        make payments to such entities, the budget authority for which 
        is not provided in advance by appropriation Acts.
            ``(ii) The Secretary shall limit the total amount of 
        payments under this paragraph for a fiscal year to the total 
        amount appropriated in advance by appropriation Acts for such 
        purpose for such fiscal year. If the total amount of payments 
        that would otherwise be made under this paragraph for a fiscal 
        year exceeds such total amount appropriated, the Secretary 
        shall take such steps as may be necessary to ensure that the 
        total amount of payments under this paragraph for such fiscal 
        year does not exceed such total amount appropriated.''.

SEC. 722. CONSTITUTIONAL AUTHORITY.

    The constitutional authority upon which this subtitle rests is the 
power of the Congress to provide for the general welfare, to regulate 
commerce, and to make all laws which shall be necessary and proper for 
carrying into execution Federal powers, as enumerated in section 8 of 
article I of the Constitution of the United States.

SEC. 723. APPLICATION OF THE ANTITRUST LAWS TO THE BUSINESS OF HEALTH 
              INSURANCE.

    (a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of 
March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson 
Act, is amended by adding at the end the following:
    ``(c) Nothing contained in this Act shall modify, impair, or 
supersede the operation of any of the antitrust laws with respect to 
the business of health insurance. For purposes of the preceding 
sentence, the term `antitrust laws' has the meaning given it in 
subsection (a) of the first section of the Clayton Act, except that 
such term includes section 5 of the Federal Trade Commission Act to the 
extent that such section 5 applies to unfair methods of competition. 
For the purposes of this subsection, the term `business of health 
insurance' shall--
            ``(1) mean `health insurance coverage' offered by a `health 
        insurance issuer' as those terms are defined in section 2791 of 
        the Public Health Service Act; and
            ``(2) not include--
                    ``(A) life insurance and annuities;
                    ``(B) property or casualty insurance, including but 
                not limited to, automobile, medical malpractice or 
                workers' compensation insurance; or
                    ``(C) any insurance or benefits defined as 
                `excepted benefits' under section 9832(c) of the 
                Internal Revenue Code of 1986, whether offered 
                separately or in combination with products described in 
                subparagraph (A).''.
    (b) Related Provision.--For purposes of section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45) to the extent such section applies 
to unfair methods of competition, section 3(c) of the McCarran-Ferguson 
Act shall apply with respect to the business of health insurance 
without regard to whether such business is carried on for profit, 
notwithstanding the definition of ``Corporation'' contained in section 
4 of the Federal Trade Commission Act.
    (c) Limitation on Class Actions.--
            (1) Limitation.--No class action may be heard in a Federal 
        or State court on a claim against a person engaged in the 
        business of health insurance for a violation of any of the 
        antitrust laws (as defined in section 3(c) of the Act of March 
        9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-
        Ferguson Act).
            (2) Exemption.--Paragraph (1) shall not apply with respect 
        to any action commenced--
                    (A) by the United States or any State; or
                    (B) by a named claimant for an injury only to 
                itself.

SEC. 724. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE 
              PROFESSIONALS.

    (a) In General.--Title II of the Public Health Service Act is 
amended by inserting after section 224 (42 U.S.C. 233(g)) the 
following:

``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE 
              PROFESSIONALS.

    ``(a) Limitation on Liability.--Except as provided in subsection 
(b), a health care professional shall not be liable under Federal or 
State law for any harm caused by an act or omission of the professional 
if--
            ``(1) the professional is serving as a volunteer for 
        purposes of responding to a disaster; and
            ``(2) the act or omission occurs--
                    ``(A) during the period of the disaster, as 
                determined under the laws listed in subsection (e)(1);
                    ``(B) in the health care professional's capacity as 
                such a volunteer; and
                    ``(C) in a good faith belief that the individual 
                being treated is in need of health care services.
    ``(b) Exceptions.--Subsection (a) does not apply if--
            ``(1) the harm was caused by an act or omission 
        constituting willful or criminal misconduct, gross negligence, 
        reckless misconduct, or a conscious flagrant indifference to 
        the rights or safety of the individual harmed by the health 
        care professional; or
            ``(2) the health care professional rendered the health care 
        services under the influence (as determined pursuant to 
        applicable State law) of intoxicating alcohol or an 
        intoxicating drug.
    ``(c) Standard of Proof.--In any civil action or proceeding against 
a health care professional claiming that the limitation in subsection 
(a) applies, the plaintiff shall have the burden of proving by clear 
and convincing evidence the extent to which limitation does not apply.
    ``(d) Preemption.--
            ``(1) In general.--This section preempts the laws of a 
        State or any political subdivision of a State to the extent 
        that such laws are inconsistent with this section, unless such 
        laws provide greater protection from liability.
            ``(2) Volunteer protection act.--Protections afforded by 
        this section are in addition to those provided by the Volunteer 
        Protection Act of 1997.
    ``(e) Definitions.--In this section:
            ``(1) The term `disaster' means--
                    ``(A) a national emergency declared by the 
                President under the National Emergencies Act;
                    ``(B) an emergency or major disaster declared by 
                the President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act; or
                    ``(C) a public health emergency determined by the 
                Secretary under section 319 of this Act.
            ``(2) The term `harm' includes physical, nonphysical, 
        economic, and noneconomic losses.
            ``(3) The term `health care professional' means an 
        individual who is licensed, certified, or authorized in one or 
        more States to practice a health care profession.
            ``(4) The term `State' includes each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States.
            ``(5)(A) The term `volunteer' means a health care 
        professional who, with respect to the health care services 
        rendered, does not receive--
                    ``(i) compensation; or
                    ``(ii) any other thing of value in lieu of 
                compensation, in excess of $500 per year.
            ``(B) For purposes of subparagraph (A), the term 
        `compensation'--
                    ``(i) includes payment under any insurance policy 
                or health plan, or under any Federal or State health 
                benefits program; and
                    ``(ii) excludes--
                            ``(I) reasonable reimbursement or allowance 
                        for expenses actually incurred;
                            ``(II) receipt of paid leave; and
                            ``(III) receipt of items to be used 
                        exclusively for rendering the health services 
                        in the health care professional's capacity as a 
                        volunteer described in subsection (a)(1).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        take effect 90 days after the date of the enactment of this 
        subtitle.
            (2) Application.--This section applies to any claim for 
        harm caused by an act or omission of a health care professional 
        where the claim is filed on or after the effective date of this 
        subtitle, but only if the harm that is the subject of the claim 
        or the conduct that caused such harm occurred on or after such 
        effective date.

             TITLE VIII--PROMOTING OFFSHORE ENERGY AND JOBS

      Subtitle A--Outer Continental Shelf Leasing Program Reforms

SEC. 801. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.

    Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(a)) is amended by adding at the end the following:
            ``(5)(A) In each oil and gas leasing program under this 
        section, the Secretary shall make available for leasing and 
        conduct lease sales including at least 50 percent of the 
        available unleased acreage within each outer Continental Shelf 
        planning area considered to have the largest undiscovered, 
        technically recoverable oil and gas resources (on a total btu 
        basis) based upon the most recent national geologic assessment 
        of the outer Continental Shelf, with an emphasis on offering 
        the most geologically prospective parts of the planning area.
            ``(B) The Secretary shall include in each proposed oil and 
        gas leasing program under this section any State subdivision of 
        an outer Continental Shelf planning area that the Governor of 
        the State that represents that subdivision requests be made 
        available for leasing. The Secretary may not remove such a 
        subdivision from the program until publication of the final 
        program, and shall include and consider all such subdivisions 
        in any environmental review conducted and statement prepared 
        for such program under section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            ``(C) In this paragraph the term `available unleased 
        acreage' means that portion of the outer Continental Shelf that 
        is not under lease at the time of a proposed lease sale, and 
        that has not otherwise been made unavailable for leasing by 
        law.
            ``(6)(A) In the 5-year oil and gas leasing program, the 
        Secretary shall make available for leasing any outer 
        Continental Shelf planning areas that--
                    ``(i) are estimated to contain more than 
                2,500,000,000 barrels of oil; or
                    ``(ii) are estimated to contain more than 
                7,500,000,000,000 cubic feet of natural gas.
            ``(B) To determine the planning areas described in 
        subparagraph (A), the Secretary shall use the document entitled 
        `Minerals Management Service Assessment of Undiscovered 
        Technically Recoverable Oil and Gas Resources of the Nation's 
        Outer Continental Shelf, 2006'.''.

SEC. 802. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

    Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(b)) is amended to read as follows:
    ``(b) Domestic Oil and Natural Gas Production Goal.---
            ``(1) In general.--In developing a 5-year oil and gas 
        leasing program, and subject to paragraph (2), the Secretary 
        shall determine a domestic strategic production goal for the 
        development of oil and natural gas as a result of that program. 
        Such goal shall be--
                    ``(A) the best estimate of the possible increase in 
                domestic production of oil and natural gas from the 
                outer Continental Shelf;
                    ``(B) focused on meeting domestic demand for oil 
                and natural gas and reducing the dependence of the 
                United States on foreign energy; and
                    ``(C) focused on the production increases achieved 
                by the leasing program at the end of the 15-year period 
                beginning on the effective date of the program.
            ``(2) Program goal.--For purposes of the 5-year oil and gas 
        leasing program, the production goal referred to in paragraph 
        (1) shall be an increase by 2032 of--
                    ``(A) no less than 3,000,000 barrels in the amount 
                of oil produced per day; and
                    ``(B) no less than 10,000,000,000 cubic feet in the 
                amount of natural gas produced per day.
            ``(3) Reporting.--The Secretary shall report annually, 
        beginning at the end of the 5-year period for which the program 
        applies, to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate on the progress of the program in 
        meeting the production goal. The Secretary shall identify in 
        the report projections for production and any problems with 
        leasing, permitting, or production that will prevent meeting 
        the goal.''.

SEC. 803. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING 
              PROGRAM.

    (a) In General.--The Secretary of the Interior shall--
            (1) by not later than July 15, 2015, publish and submit to 
        Congress a new proposed oil and gas leasing program under 
        section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344) for the 5-year period beginning on such date and ending 
        July 15, 2021; and
            (2) by not later than July 15, 2016, approve a final oil 
        and gas leasing program under such section for such period.
    (b) Consideration of All Areas.--In preparing such program the 
Secretary shall include consideration of areas of the Continental Shelf 
off the coasts of all States (as such term is defined in section 2 of 
that Act, as amended by this title), that are subject to leasing under 
this title.
    (c) Technical Correction.--Section 18(d)(3) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by 
striking ``or after eighteen months following the date of enactment of 
this section, whichever first occurs,''.

SEC. 804. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to authorize the issuance 
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) to any person designated for the imposition of sanctions 
pursuant to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order No. 13622 (July 30, 2012), Executive 
        Order No. 13628 (October 9, 2012), or Executive Order No. 13645 
        (June 3, 2013);
            (3) Executive Order No. 13224 (September 23, 2001) or 
        Executive Order No. 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).

SEC. 805. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR PLAN.

    Section 18(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(d)) is amended--
            (1) in paragraph (3), by striking ``After'' and inserting 
        ``Except as provided in paragraph (4), after''; and
            (2) by adding at the end the following:
    ``(4) The Secretary may add to the areas included in an approved 
leasing program additional areas to be made available for leasing under 
the program, if all review and documents required under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332) have 
been completed with respect to leasing of each such additional area 
within the 5-year period preceding such addition.''.

      Subtitle B--Directing the President To Conduct New OCS Sales

SEC. 811. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON 
              THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

    (a) In General.--Notwithstanding the exclusion of Lease Sale 220 in 
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017, 
the Secretary of the Interior shall conduct offshore oil and gas Lease 
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337) as soon as practicable, but not later than one year after 
the date of enactment of this Act.
    (b) Requirement To Make Replacement Lease Blocks Available.--For 
each lease block in a proposed lease sale under this section for which 
the Secretary of Defense, in consultation with the Secretary of the 
Interior, under the Memorandum of Agreement referred to in section 
815(b), issues a statement proposing deferral from a lease offering due 
to defense-related activities that are irreconcilable with mineral 
exploration and development, the Secretary of the Interior, in 
consultation with the Secretary of Defense, shall make available in the 
same lease sale one other lease block in the Virginia lease sale 
planning area that is acceptable for oil and gas exploration and 
production in order to mitigate conflict.
    (c) Balancing Military and Energy Production Goals.--In recognition 
that the Outer Continental Shelf oil and gas leasing program and the 
domestic energy resources produced therefrom are integral to national 
security, the Secretary of the Interior and the Secretary of Defense 
shall work jointly in implementing this section in order to ensure 
achievement of the following common goals:
            (1) Preserving the ability of the Armed Forces of the 
        United States to maintain an optimum state of readiness through 
        their continued use of the Outer Continental Shelf.
            (2) Allowing effective exploration, development, and 
        production of our Nation's oil, gas, and renewable energy 
        resources.
    (d) Definitions.--In this section:
            (1) Lease sale 220.--The term ``Lease Sale 220'' means such 
        lease sale referred to in the Request for Comments on the Draft 
        Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas 
        Leasing Program for 2010-2015 and Notice of Intent To Prepare 
        an Environmental Impact Statement (EIS) for the Proposed 5-Year 
        Program published January 21, 2009 (74 Fed. Reg. 3631).
            (2) Virginia lease sale planning area.--The term ``Virginia 
        lease sale planning area'' means the area of the outer 
        Continental Shelf (as that term is defined in the Outer 
        Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is 
        bounded by--
                    (A) a northern boundary consisting of a straight 
                line extending from the northernmost point of 
                Virginia's seaward boundary to the point on the seaward 
                boundary of the United States exclusive economic zone 
                located at 37 degrees 17 minutes 1 second North 
                latitude, 71 degrees 5 minutes 16 seconds West 
                longitude; and
                    (B) a southern boundary consisting of a straight 
                line extending from the southernmost point of 
                Virginia's seaward boundary to the point on the seaward 
                boundary of the United States exclusive economic zone 
                located at 36 degrees 31 minutes 58 seconds North 
                latitude, 71 degrees 30 minutes 1 second West 
                longitude.

SEC. 812. SOUTH CAROLINA LEASE SALE.

    Notwithstanding exclusion of the South Atlantic Outer Continental 
Shelf Planning Area from the Final Outer Continental Shelf Oil & Gas 
Leasing Program 2012-2017, the Secretary of the Interior shall conduct 
a lease sale not later than 2 years after the date of the enactment of 
this Act for areas off the coast of South Carolina determined by the 
Secretary to have the most geologically promising hydrocarbon resources 
and constituting not less than 25 percent of the leasable area within 
the South Carolina offshore administrative boundaries depicted in the 
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative 
Boundaries Extending from the Submerged Lands Act Boundary seaward to 
the Limit of the United States Outer Continental Shelf'', published 
January 3, 2006 (71 Fed. Reg. 127).

SEC. 813. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.

    (a) In General.--The Secretary of the Interior shall offer for sale 
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of 
the Southern California OCS Planning Area as soon as practicable, but 
not later than December 31, 2015.
    (b) Use of Existing Structures or Onshore-Based Drilling.--The 
Secretary of the Interior shall include in leases offered for sale 
under this lease sale such terms and conditions as are necessary to 
require that development and production may occur only from offshore 
infrastructure in existence on the date of the enactment of this Act or 
from onshore-based, extended-reach drilling.

SEC. 814. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

    (a) In General.--For the purposes of this title, the Secretary of 
the Interior shall prepare a multisale environmental impact statement 
under section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) for all lease sales required under this subtitle.
    (b) Actions To Be Considered.--Notwithstanding section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such 
statement--
            (1) the Secretary is not required to identify nonleasing 
        alternative courses of action or to analyze the environmental 
        effects of such alternative courses of action; and
            (2) the Secretary shall only--
                    (A) identify a preferred action for leasing and not 
                more than one alternative leasing proposal; and
                    (B) analyze the environmental effects and potential 
                mitigation measures for such preferred action and such 
                alternative leasing proposal.

SEC. 815. NATIONAL DEFENSE.

    (a) National Defense Areas.--This title does not affect the 
existing authority of the Secretary of Defense, with the approval of 
the President, to designate national defense areas on the Outer 
Continental Shelf pursuant to section 12(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1341(d)).
    (b) Prohibition on Conflicts With Military Operations.--No person 
may engage in any exploration, development, or production of oil or 
natural gas on the Outer Continental Shelf under a lease issued under 
this title that would conflict with any military operation, as 
determined in accordance with the Memorandum of Agreement between the 
Department of Defense and the Department of the Interior on Mutual 
Concerns on the Outer Continental Shelf signed July 20, 1983, and any 
revision or replacement for that agreement that is agreed to by the 
Secretary of Defense and the Secretary of the Interior after that date 
but before the date of issuance of the lease under which such 
exploration, development, or production is conducted.

SEC. 816. EASTERN GULF OF MEXICO NOT INCLUDED.

    Nothing in this title affects restrictions on oil and gas leasing 
under the Gulf of Mexico Energy Security Act of 2006 (title I of 
division C of Public Law 109-432; 43 U.S.C. 1331 note).

   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

SEC. 821. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL 
              STATES.

    (a) In General.--Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended--
            (1) in the existing text--
                    (A) in the first sentence, by striking ``All 
                rentals,'' and inserting the following:
    ``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
                    (B) in subsection (c) (as designated by the 
                amendment made by subparagraph (A) of this paragraph), 
                by striking ``for the period from June 5, 1950, to 
                date, and thereafter'' and inserting ``in the period 
                beginning June 5, 1950, and ending on the date of 
                enactment of the Lowering Gasoline Prices to Fuel an 
                America That Works Act of 2015'';
            (2) by adding after subsection (c) (as so designated) the 
        following:
    ``(d)  Definitions.--In this section:
            ``(1) Coastal state.--The term `coastal State' includes a 
        territory of the United States.
            ``(2) New leasing revenues.--The term `new leasing 
        revenues'--
                    ``(A) means amounts received by the United States 
                as bonuses, rents, and royalties under leases for oil 
                and gas, wind, tidal, or other energy exploration, 
                development, and production on new areas of the outer 
                Continental Shelf that are authorized to be made 
                available for leasing as a result of enactment of the 
                Lowering Gasoline Prices to Fuel an America That Works 
                Act of 2015 and leasing under that Act; and
                    ``(B) does not include amounts received by the 
                United States under any lease of an area located in the 
                boundaries of the Central Gulf of Mexico and Western 
                Gulf of Mexico Outer Continental Shelf Planning Areas 
                on the date of enactment of the Lowering Gasoline 
                Prices to Fuel an America That Works Act of 2015, 
                including a lease issued before, on, or after such date 
                of enactment.''; and
            (3) by inserting before subsection (c) (as so designated) 
        the following:
    ``(a) Payment of New Leasing Revenues to Coastal States.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amount of new leasing revenues received by the United 
        States each fiscal year, 37.5 percent shall be allocated and 
        paid in accordance with subsection (b) to coastal States that 
        are affected States with respect to the leases under which 
        those revenues are received by the United States.
            ``(2) Phase-in.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), paragraph (1) shall be applied--
                            ``(i) with respect to new leasing revenues 
                        under leases awarded under the first leasing 
                        program under section 18(a) that takes effect 
                        after the date of enactment of the Lowering 
                        Gasoline Prices to Fuel an America That Works 
                        Act of 2015, by substituting `12.5 percent' for 
                        `37.5 percent'; and
                            ``(ii) with respect to new leasing revenues 
                        under leases awarded under the second leasing 
                        program under section 18(a) that takes effect 
                        after the date of enactment of the Lowering 
                        Gasoline Prices to Fuel an America That Works 
                        Act of 2015, by substituting `25 percent' for 
                        `37.5 percent'.
                    ``(B) Exempted lease sales.--This paragraph shall 
                not apply with respect to any lease issued under 
                subtitle B of the Lowering Gasoline Prices to Fuel an 
                America That Works Act of 2015.
    ``(b) Allocation of Payments.--
            ``(1) In general.--The amount of new leasing revenues 
        received by the United States with respect to a leased tract 
        that are required to be paid to coastal States in accordance 
        with this subsection each fiscal year shall be allocated among 
        and paid to coastal States that are within 200 miles of the 
        leased tract, in amounts that are inversely proportional to the 
        respective distances between the point on the coastline of each 
        such State that is closest to the geographic center of the 
        lease tract, as determined by the Secretary.
            ``(2) Minimum and maximum allocation.--The amount allocated 
        to a coastal State under paragraph (1) each fiscal year with 
        respect to a leased tract shall be--
                    ``(A) in the case of a coastal State that is the 
                nearest State to the geographic center of the leased 
                tract, not less than 25 percent of the total amounts 
                allocated with respect to the leased tract;
                    ``(B) in the case of any other coastal State, not 
                less than 10 percent, and not more than 15 percent, of 
                the total amounts allocated with respect to the leased 
                tract; and
                    ``(C) in the case of a coastal State that is the 
                only coastal State within 200 miles of a leased tract, 
                100 percent of the total amounts allocated with respect 
                to the leased tract.
            ``(3) Administration.--Amounts allocated to a coastal State 
        under this subsection--
                    ``(A) shall be available to the coastal State 
                without further appropriation;
                    ``(B) shall remain available until expended;
                    ``(C) shall be in addition to any other amounts 
                available to the coastal State under this Act; and
                    ``(D) shall be distributed in the fiscal year 
                following receipt.
            ``(4) Use of funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a coastal State may use funds 
                allocated and paid to it under this subsection for any 
                purpose as determined by the laws of that State.
                    ``(B) Restriction on use for matching.--Funds 
                allocated and paid to a coastal State under this 
                subsection may not be used as matching funds for any 
                other Federal program.''.
    (b) Limitation on Application.--This section and the amendment made 
by this section shall not affect the application of section 105 of the 
Gulf of Mexico Energy Security Act of 2006 (title I of division C of 
Public Law 109-432; 43 U.S.C. 1331 note), as in effect before the 
enactment of this Act, with respect to revenues received by the United 
States under oil and gas leases issued for tracts located in the 
Western and Central Gulf of Mexico Outer Continental Shelf Planning 
Areas, including such leases issued on or after the date of the 
enactment of this Act.

   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

SEC. 831. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND 
              MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND 
              SAFETY.

    There shall be in the Department of the Interior--
            (1) an Under Secretary for Energy, Lands, and Minerals, who 
        shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Secretary of the Interior or, if 
                directed by the Secretary, to the Deputy Secretary of 
                the Interior;
                    (C) be paid at the rate payable for level III of 
                the Executive Schedule; and
                    (D) be responsible for--
                            (i) the safe and responsible development of 
                        our energy and mineral resources on Federal 
                        lands in appropriate accordance with United 
                        States energy demands; and
                            (ii) ensuring multiple-use missions of the 
                        Department of the Interior that promote the 
                        safe and sustained development of energy and 
                        minerals resources on public lands (as that 
                        term is defined in the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.));
            (2) an Assistant Secretary of Ocean Energy and Safety, who 
        shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Under Secretary for Energy, 
                Lands, and Minerals;
                    (C) be paid at the rate payable for level IV of the 
                Executive Schedule; and
                    (D) be responsible for ensuring safe and efficient 
                development of energy and minerals on the Outer 
                Continental Shelf of the United States; and
            (3) an Assistant Secretary of Land and Minerals Management, 
        who shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Under Secretary for Energy, 
                Lands, and Minerals;
                    (C) be paid at the rate payable for level IV of the 
                Executive Schedule; and
                    (D) be responsible for ensuring safe and efficient 
                development of energy and minerals on public lands and 
                other Federal onshore lands under the jurisdiction of 
                the Department of the Interior, including 
                implementation of the Mineral Leasing Act (30 U.S.C. 
                181 et seq.) and the Surface Mining Control and 
                Reclamation Act (30 U.S.C. 1201 et seq.) and 
                administration of the Office of Surface Mining.

SEC. 832. BUREAU OF OCEAN ENERGY.

    (a) Establishment.--There is established in the Department of the 
Interior a Bureau of Ocean Energy (referred to in this section as the 
``Bureau''), which shall--
            (1) be headed by a Director of Ocean Energy (referred to in 
        this section as the ``Director''); and
            (2) be administered under the direction of the Assistant 
        Secretary of Ocean Energy and Safety.
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out through the Bureau all functions, powers, and duties vested 
        in the Secretary relating to the administration of a 
        comprehensive program of offshore mineral and renewable energy 
        resources management.
            (2) Specific authorities.--The Director shall promulgate 
        and implement regulations--
                    (A) for the proper issuance of leases for the 
                exploration, development, and production of 
                nonrenewable and renewable energy and mineral resources 
                on the Outer Continental Shelf;
                    (B) relating to resource identification, access, 
                evaluation, and utilization;
                    (C) for development of leasing plans, lease sales, 
                and issuance of leases for such resources; and
                    (D) regarding issuance of environmental impact 
                statements related to leasing and post leasing 
                activities including exploration, development, and 
                production, and the use of third party contracting for 
                necessary environmental analysis for the development of 
                such resources.
            (3) Limitation.--The Secretary shall not carry out through 
        the Bureau any function, power, or duty that is--
                    (A) required by section 833 to be carried out 
                through the Ocean Energy Safety Service; or
                    (B) required by section 834 to be carried out 
                through the Office of Natural Resources Revenue.
    (d) Responsibilities of Land Management Agencies.--Nothing in this 
section shall affect the authorities of the Bureau of Land Management 
under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) or of the Forest Service under the National Forest 
Management Act of 1976 (Public Law 94-588).

SEC. 833. OCEAN ENERGY SAFETY SERVICE.

    (a) Establishment.--There is established in the Department of the 
Interior an Ocean Energy Safety Service (referred to in this section as 
the ``Service''), which shall--
            (1) be headed by a Director of Energy Safety (referred to 
        in this section as the ``Director''); and
            (2) be administered under the direction of the Assistant 
        Secretary of Ocean Energy and Safety.
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out through the Service all functions, powers, and duties 
        vested in the Secretary relating to the administration of 
        safety and environmental enforcement activities related to 
        offshore mineral and renewable energy resources on the Outer 
        Continental Shelf pursuant to the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.) including the authority to 
        develop, promulgate, and enforce regulations to ensure the safe 
        and sound exploration, development, and production of mineral 
        and renewable energy resources on the Outer Continental Shelf 
        in a timely fashion.
            (2) Specific authorities.--The Director shall be 
        responsible for all safety activities related to exploration 
        and development of renewable and mineral resources on the Outer 
        Continental Shelf, including--
                    (A) exploration, development, production, and 
                ongoing inspections of infrastructure;
                    (B) the suspending or prohibiting, on a temporary 
                basis, any operation or activity, including production 
                under leases held on the Outer Continental Shelf, in 
                accordance with section 5(a)(1) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
                    (C) cancelling any lease, permit, or right-of-way 
                on the Outer Continental Shelf, in accordance with 
                section 5(a)(2) of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1334(a)(2));
                    (D) compelling compliance with applicable Federal 
                laws and regulations relating to worker safety and 
                other matters;
                    (E) requiring comprehensive safety and 
                environmental management programs for persons engaged 
                in activities connected with the exploration, 
                development, and production of mineral or renewable 
                energy resources;
                    (F) developing and implementing regulations for 
                Federal employees to carry out any inspection or 
                investigation to ascertain compliance with applicable 
                regulations, including health, safety, or environmental 
                regulations;
                    (G) implementing the Offshore Technology Research 
                and Risk Assessment Program under section 21 of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1347);
                    (H) summoning witnesses and directing the 
                production of evidence;
                    (I) levying fines and penalties and disqualifying 
                operators;
                    (J) carrying out any safety, response, and removal 
                preparedness functions; and
                    (K) the processing of permits, exploration plans, 
                development plans.
    (d) Employees.--
            (1) In general.--The Secretary shall ensure that the 
        inspection force of the Bureau consists of qualified, trained 
        employees who meet qualification requirements and adhere to the 
        highest professional and ethical standards.
            (2) Qualifications.--The qualification requirements 
        referred to in paragraph (1)--
                    (A) shall be determined by the Secretary, subject 
                to subparagraph (B); and
                    (B) shall include--
                            (i) 3 years of practical experience in oil 
                        and gas exploration, development, or 
                        production; or
                            (ii) a degree in an appropriate field of 
                        engineering from an accredited institution of 
                        higher learning.
            (3) Assignment.--In assigning oil and gas inspectors to the 
        inspection and investigation of individual operations, the 
        Secretary shall give due consideration to the extent possible 
        to their previous experience in the particular type of oil and 
        gas operation in which such inspections are to be made.
            (4) Background checks.--The Director shall require that an 
        individual to be hired as an inspection officer undergo an 
        employment investigation (including a criminal history record 
        check).
            (5) Language requirements.--Individuals hired as inspectors 
        must be able to read, speak, and write English well enough to--
                    (A) carry out written and oral instructions 
                regarding the proper performance of inspection duties; 
                and
                    (B) write inspection reports and statements and log 
                entries in the English language.
            (6) Veterans preference.--The Director shall provide a 
        preference for the hiring of an individual as a inspection 
        officer if the individual is a member or former member of the 
        Armed Forces and is entitled, under statute, to retired, 
        retirement, or retainer pay on account of service as a member 
        of the Armed Forces.
            (7) Annual proficiency review.--
                    (A) Annual proficiency review.--The Director shall 
                provide that an annual evaluation of each individual 
                assigned inspection duties is conducted and documented.
                    (B) Continuation of employment.--An individual 
                employed as an inspector may not continue to be 
                employed in that capacity unless the evaluation 
                demonstrates that the individual--
                            (i) continues to meet all qualifications 
                        and standards;
                            (ii) has a satisfactory record of 
                        performance and attention to duty based on the 
                        standards and requirements in the inspection 
                        program; and
                            (iii) demonstrates the current knowledge 
                        and skills necessary to courteously, 
                        vigilantly, and effectively perform inspection 
                        functions.
            (8) Limitation on right to strike.--Any individual that 
        conducts permitting or inspections under this section may not 
        participate in a strike, or assert the right to strike.
            (9) Personnel authority.--Notwithstanding any other 
        provision of law, the Director may employ, appoint, discipline 
        and terminate for cause, and fix the compensation, terms, and 
        conditions of employment of Federal service for individuals as 
        the employees of the Service in order to restore and maintain 
        the trust of the people of the United States in the 
        accountability of the management of our Nation's energy safety 
        program.
            (10) Training academy.--
                    (A) In general.--The Secretary shall establish and 
                maintain a National Offshore Energy Safety Academy 
                (referred to in this paragraph as the ``Academy'') as 
                an agency of the Ocean Energy Safety Service.
                    (B) Functions of academy.--The Secretary, through 
                the Academy, shall be responsible for--
                            (i) the initial and continued training of 
                        both newly hired and experienced offshore oil 
                        and gas inspectors in all aspects of health, 
                        safety, environmental, and operational 
                        inspections;
                            (ii) the training of technical support 
                        personnel of the Bureau;
                            (iii) any other training programs for 
                        offshore oil and gas inspectors, Bureau 
                        personnel, Department personnel, or other 
                        persons as the Secretary shall designate; and
                            (iv) certification of the successful 
                        completion of training programs for newly hired 
                        and experienced offshore oil and gas 
                        inspectors.
                    (C) Cooperative agreements.--
                            (i) In general.--In performing functions 
                        under this paragraph, and subject to clause 
                        (ii), the Secretary may enter into cooperative 
                        educational and training agreements with 
                        educational institutions, related Federal 
                        academies, other Federal agencies, State 
                        governments, safety training firms, and oil and 
                        gas operators and related industries.
                            (ii) Training requirement.--Such training 
                        shall be conducted by the Academy in accordance 
                        with curriculum needs and assignment of 
                        instructional personnel established by the 
                        Secretary.
            (11) Use of department personnel.--In performing functions 
        under this subsection, the Secretary shall use, to the extent 
        practicable, the facilities and personnel of the Department of 
        the Interior. The Secretary may appoint or assign to the 
        Academy such officers and employees as the Secretary considers 
        necessary for the performance of the duties and functions of 
        the Academy.
            (12) Additional training programs.--
                    (A) In general.--The Secretary shall work with 
                appropriate educational institutions, operators, and 
                representatives of oil and gas workers to develop and 
                maintain adequate programs with educational 
                institutions and oil and gas operators that are 
                designed--
                            (i) to enable persons to qualify for 
                        positions in the administration of this title; 
                        and
                            (ii) to provide for the continuing 
                        education of inspectors or other appropriate 
                        Department of the Interior personnel.
                    (B) Financial and technical assistance.--The 
                Secretary may provide financial and technical 
                assistance to educational institutions in carrying out 
                this paragraph.
    (e) Limitation.--The Secretary shall not carry out through the 
Service any function, power, or duty that is--
            (1) required by section 832 to be carried out through the 
        Bureau of Ocean Energy; or
            (2) required by section 834 to be carried out through the 
        Office of Natural Resources Revenue.

SEC. 834. OFFICE OF NATURAL RESOURCES REVENUE.

    (a) Establishment.--There is established in the Department of the 
Interior an Office of Natural Resources Revenue (referred to in this 
section as the ``Office'') to be headed by a Director of Natural 
Resources Revenue (referred to in this section as the ``Director'').
    (b) Appointment and Compensation.--
            (1) In general.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for Level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out, through the Office, all functions, powers, and duties 
        vested in the Secretary and relating to the administration of 
        offshore royalty and revenue management functions.
            (2) Specific authorities.--The Secretary shall carry out, 
        through the Office, all functions, powers, and duties 
        previously assigned to the Minerals Management Service 
        (including the authority to develop, promulgate, and enforce 
        regulations) regarding offshore royalty and revenue collection; 
        royalty and revenue distribution; auditing and compliance; 
        investigation and enforcement of royalty and revenue 
        regulations; and asset management for onshore and offshore 
        activities.
    (d) Limitation.--The Secretary shall not carry out through the 
Office any function, power, or duty that is--
            (1) required by section 832 to be carried out through the 
        Bureau of Ocean Energy; or
            (2) required by section 833 to be carried out through the 
        Ocean Energy Safety Service.

SEC. 835. ETHICS AND DRUG TESTING.

    (a) Certification.--The Secretary of the Interior shall certify 
annually that all Department of the Interior officers and employees 
having regular, direct contact with lessees, contractors, 
concessionaires, and other businesses interested before the Government 
as a function of their official duties, or conducting investigations, 
issuing permits, or responsible for oversight of energy programs, are 
in full compliance with all Federal employee ethics laws and 
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) 
and part 2635 of title 5, Code of Federal Regulations, and all guidance 
issued under subsection (c).
    (b) Drug Testing.--The Secretary shall conduct a random drug 
testing program of all Department of the Interior personnel referred to 
in subsection (a).
    (c) Guidance.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue supplementary ethics and drug 
testing guidance for the employees for which certification is required 
under subsection (a). The Secretary shall update the supplementary 
ethics guidance not less than once every 3 years thereafter.

SEC. 836. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.

    (a) Abolishment.--The Minerals Management Service is abolished.
    (b) Completed Administrative Actions.--
            (1) In general.--Completed administrative actions of the 
        Minerals Management Service shall not be affected by the 
        enactment of this Act, but shall continue in effect according 
        to their terms until amended, modified, superseded, terminated, 
        set aside, or revoked in accordance with law by an officer of 
        the United States or a court of competent jurisdiction, or by 
        operation of law.
            (2) Completed administrative action defined.--For purposes 
        of paragraph (1), the term ``completed administrative action'' 
        includes orders, determinations, memoranda of understanding, 
        memoranda of agreements, rules, regulations, personnel actions, 
        permits, agreements, grants, contracts, certificates, licenses, 
        registrations, and privileges.
    (c) Pending Proceedings.--Subject to the authority of the Secretary 
of the Interior and the officers of the Department of the Interior 
under this title--
            (1) pending proceedings in the Minerals Management Service, 
        including notices of proposed rulemaking, and applications for 
        licenses, permits, certificates, grants, and financial 
        assistance, shall continue, notwithstanding the enactment of 
        this Act or the vesting of functions of the Service in another 
        agency, unless discontinued or modified under the same terms 
        and conditions and to the same extent that such discontinuance 
        or modification could have occurred if this title had not been 
        enacted; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner and on the same terms as if this title 
        had not been enacted, and any such orders shall continue in 
        effect until amended, modified, superseded, terminated, set 
        aside, or revoked by an officer of the United States or a court 
        of competent jurisdiction, or by operation of law.
    (d) Pending Civil Actions.--Subject to the authority of the 
Secretary of the Interior or any officer of the Department of the 
Interior under this title, pending civil actions shall continue 
notwithstanding the enactment of this Act, and in such civil actions, 
proceedings shall be had, appeals taken, and judgments rendered and 
enforced in the same manner and with the same effect as if such 
enactment had not occurred.
    (e) References.--References relating to the Minerals Management 
Service in statutes, Executive orders, rules, regulations, directives, 
or delegations of authority that precede the effective date of this Act 
are deemed to refer, as appropriate, to the Department, to its 
officers, employees, or agents, or to its corresponding organizational 
units or functions. Statutory reporting requirements that applied in 
relation to the Minerals Management Service immediately before the 
effective date of this title shall continue to apply.

SEC. 837. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.

    (a) Under Secretary for Energy, Lands, and Minerals.--Section 5314 
of title 5, United States Code, is amended by inserting after the item 
relating to ``Under Secretaries of the Treasury (3).'' the following:
            ``Under Secretary for Energy, Lands, and Minerals, 
        Department of the Interior.''.
    (b) Assistant Secretaries.--Section 5315 of title 5, United States 
Code, is amended by striking ``Assistant Secretaries of the Interior 
(6).'' and inserting the following:
            ``Assistant Secretaries, Department of the Interior (7).''.
    (c) Directors.--Section 5316 of title 5, United States Code, is 
amended by striking ``Director, Bureau of Mines, Department of the 
Interior.'' and inserting the following new items:
            ``Director, Bureau of Ocean Energy, Department of the 
        Interior.
            ``Director, Ocean Energy Safety Service, Department of the 
        Interior.
            ``Director, Office of Natural Resources Revenue, Department 
        of the Interior.''.

SEC. 838. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.

    (a) Establishment.--The Secretary of the Interior shall establish, 
under the Federal Advisory Committee Act, an Outer Continental Shelf 
Energy Safety Advisory Board (referred to in this section as the 
``Board'')--
            (1) to provide the Secretary and the Directors established 
        by this title with independent scientific and technical advice 
        on safe, responsible, and timely mineral and renewable energy 
        exploration, development, and production activities; and
            (2) to review operations of the National Offshore Energy 
        Health and Safety Academy established under section 833(d), 
        including submitting to the Secretary recommendations of 
        curriculum to ensure training scientific and technical 
        advancements.
    (b) Membership.--
            (1) Size.--The Board shall consist of not more than 11 
        members, who--
                    (A) shall be appointed by the Secretary based on 
                their expertise in oil and gas drilling, well design, 
                operations, well containment and oil spill response; 
                and
                    (B) must have significant scientific, engineering, 
                management, and other credentials and a history of 
                working in the field related to safe energy 
                exploration, development, and production activities.
            (2) Consultation and nominations.--The Secretary shall 
        consult with the National Academy of Sciences and the National 
        Academy of Engineering to identify potential candidates for the 
        Board and shall take nominations from the public.
            (3) Term.--The Secretary shall appoint Board members to 
        staggered terms of not more than 4 years, and shall not appoint 
        a member for more than 2 consecutive terms.
            (4) Balance.--In appointing members to the Board, the 
        Secretary shall ensure a balanced representation of industry 
        and research interests.
    (c) Chair.--The Secretary shall appoint the Chair for the Board 
from among its members.
    (d) Meetings.--The Board shall meet not less than 3 times per year 
and shall host, at least once per year, a public forum to review and 
assess the overall energy safety performance of Outer Continental Shelf 
mineral and renewable energy resource activities.
    (e) Offshore Drilling Safety Assessments and Recommendations.--As 
part of its duties under this section, the Board shall, by not later 
than 180 days after the date of enactment of this section and every 5 
years thereafter, submit to the Secretary a report that--
            (1) assesses offshore oil and gas well control 
        technologies, practices, voluntary standards, and regulations 
        in the United States and elsewhere; and
            (2) as appropriate, recommends modifications to the 
        regulations issued under this title to ensure adequate 
        protection of safety and the environment, including 
        recommendations on how to reduce regulations and administrative 
        actions that are duplicative or unnecessary.
    (f) Reports.--Reports of the Board shall be submitted by the Board 
to the Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate and 
made available to the public in electronically accessible form.
    (g) Travel Expenses.--Members of the Board, other than full-time 
employees of the Federal Government, while attending meeting of the 
Board or while otherwise serving at the request of the Secretary or the 
Director while serving away from their homes or regular places of 
business, may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United States 
Code, for individuals in the Government serving without pay.

SEC. 839. OUTER CONTINENTAL SHELF INSPECTION FEES.

    Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1348) is amended by adding at the end of the section the following:
    ``(g) Inspection Fees.--
            ``(1) Establishment.--The Secretary of the Interior shall 
        collect from the operators of facilities subject to inspection 
        under subsection (c) non-refundable fees for such inspections--
                    ``(A) at an aggregate level equal to the amount 
                necessary to offset the annual expenses of inspections 
                of outer Continental Shelf facilities (including mobile 
                offshore drilling units) by the Department of the 
                Interior; and
                    ``(B) using a schedule that reflects the 
                differences in complexity among the classes of 
                facilities to be inspected.
            ``(2) Ocean energy safety fund.--There is established in 
        the Treasury a fund, to be known as the `Ocean Energy 
        Enforcement Fund' (referred to in this subsection as the 
        `Fund'), into which shall be deposited all amounts collected as 
        fees under paragraph (1) and which shall be available as 
        provided under paragraph (3).
            ``(3) Availability of fees.--
                    ``(A) In general.--Notwithstanding section 3302 of 
                title 31, United States Code, all amounts deposited in 
                the Fund--
                            ``(i) shall be credited as offsetting 
                        collections;
                            ``(ii) shall be available for expenditure 
                        for purposes of carrying out inspections of 
                        outer Continental Shelf facilities (including 
                        mobile offshore drilling units) and the 
                        administration of the inspection program under 
                        this section;
                            ``(iii) shall be available only to the 
                        extent provided for in advance in an 
                        appropriations Act; and
                            ``(iv) shall remain available until 
                        expended.
                    ``(B) Use for field offices.--Not less than 75 
                percent of amounts in the Fund may be appropriated for 
                use only for the respective Department of the Interior 
                field offices where the amounts were originally 
                assessed as fees.
            ``(4) Initial fees.--Fees shall be established under this 
        subsection for the fiscal year in which this subsection takes 
        effect and the subsequent 10 years, and shall not be raised 
        without advise and consent of the Congress, except as 
        determined by the Secretary to be appropriate as an adjustment 
        equal to the percentage by which the Consumer Price Index for 
        the month of June of the calendar year preceding the adjustment 
        exceeds the Consumer Price Index for the month of June of the 
        calendar year in which the claim was determined or last 
        adjusted.
            ``(5) Annual fees.--Annual fees shall be collected under 
        this subsection for facilities that are above the waterline, 
        excluding drilling rigs, and are in place at the start of the 
        fiscal year. Fees for fiscal year 2013 shall be--
                    ``(A) $10,500 for facilities with no wells, but 
                with processing equipment or gathering lines;
                    ``(B) $17,000 for facilities with 1 to 10 wells, 
                with any combination of active or inactive wells; and
                    ``(C) $31,500 for facilities with more than 10 
                wells, with any combination of active or inactive 
                wells.
            ``(6) Fees for drilling rigs.--Fees for drilling rigs shall 
        be assessed under this subsection for all inspections completed 
        in fiscal years 2015 through 2024. Fees for fiscal year 2015 
        shall be--
                    ``(A) $30,500 per inspection for rigs operating in 
                water depths of 1,000 feet or more; and
                    ``(B) $16,700 per inspection for rigs operating in 
                water depths of less than 1,000 feet.
            ``(7) Billing.--The Secretary shall bill designated 
        operators under paragraph (5) within 60 days after the date of 
        the inspection, with payment required within 30 days of 
        billing. The Secretary shall bill designated operators under 
        paragraph (6) within 30 days of the end of the month in which 
        the inspection occurred, with payment required within 30 days 
        after billing.
            ``(8) Sunset.--No fee may be collected under this 
        subsection for any fiscal year after fiscal year 2024.
            ``(9) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2015, the Secretary shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report on the operation of the Fund 
                during the fiscal year.
                    ``(B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures and 
                        the additional hiring of personnel.
                            ``(iii) A statement of the balance 
                        remaining in the Fund at the end of the fiscal 
                        year.
                            ``(iv) An accounting of pace of permit 
                        approvals.
                            ``(v) If fee increases are proposed after 
                        the initial 10-year period referred to in 
                        paragraph (5), a proper accounting of the 
                        potential adverse economic impacts such fee 
                        increases will have on offshore economic 
                        activity and overall production, conducted by 
                        the Secretary.
                            ``(vi) Recommendations to increase the 
                        efficacy and efficiency of offshore 
                        inspections.
                            ``(vii) Any corrective actions levied upon 
                        offshore inspectors as a result of any form of 
                        misconduct.''.

SEC. 840. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY 
              DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.

    (a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy 
Safety Service may not develop, propose, finalize, administer, or 
implement, any limitation on activities under their jurisdiction as a 
result of the coastal and marine spatial planning component of the 
National Ocean Policy developed under Executive Order No. 13547.
    (b) Report on Expenditures.--Not later than 60 days after the date 
of enactment of this Act, the President shall submit a report to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate identifying all 
Federal expenditures in fiscal years 2011, 2012, 2013, and 2014 by the 
Bureau of Ocean Energy and the Ocean Energy Safety Service and their 
predecessor agencies, by agency, account, and any pertinent 
subaccounts, for the development, administration, or implementation of 
the coastal and marine spatial planning component of the National Ocean 
Policy developed under Executive Order No. 13547, including staff time, 
travel, and other related expenses.

                 Subtitle E--United States Territories

SEC. 851. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT 
              TO TERRITORIES OF THE UNITED STATES.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the United States exclusive 
        economic zone and the Continental Shelf adjacent to any 
        territory of the United States'';
            (2) in paragraph (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (q), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' includes each territory of the United 
States.''.

                  Subtitle F--Miscellaneous Provisions

SEC. 861. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF MEXICO 
              ENERGY SECURITY ACT OF 2006.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Interior shall issue rules to provide 
more clarity, certainty, and stability to the revenue streams 
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note).
    (b) Contents.--The rules shall include clarification of the timing 
and methods of disbursements of funds under section 105(b)(2) of such 
Act.

SEC. 862. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF 
              REVENUES.

    Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 
(title I of division C of Public Law 109-432; 43 U.S.C. 1331 note) 
shall be applied by substituting ``2024, and shall not exceed 
$999,999,999 for each of fiscal years 2025 through 2055'' for ``2055''.

SEC. 863. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA DEFINED.

    For the purposes of this Act, the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.), and any regulations or 5-year plan issued 
under that Act, the term ``South Atlantic Outer Continental Shelf 
Planning Area'' means the area of the outer Continental Shelf (as 
defined in section 2 of that Act (43 U.S.C. 1331)) that is located 
between the northern lateral seaward administrative boundary of the 
State of Virginia and the southernmost lateral seaward administrative 
boundary of the State of Georgia.

SEC. 864. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR 
              AMERICA'S ENERGY FUTURE.

    Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1340) is amended by adding at the end the following:
    ``(i) Enhancing Geological and Geophysical Information for 
America's Energy Future.--
            ``(1) The Secretary, acting through the Director of the 
        Bureau of Ocean Energy Management, shall facilitate and support 
        the practical study of geology and geophysics to better 
        understand the oil, gas, and other hydrocarbon potential in the 
        South Atlantic Outer Continental Shelf Planning Area by 
        entering into partnerships to conduct geological and 
        geophysical activities on the outer Continental Shelf.
            ``(2)(A) No later than 180 days after the date of enactment 
        of the Lowering Gasoline Prices to Fuel an America That Works 
        Act of 2015, the Governors of the States of Georgia, South 
        Carolina, North Carolina, and Virginia may each nominate for 
        participation in the partnerships--
                    ``(i) one institution of higher education located 
                within the Governor's State; and
                    ``(ii) one institution of higher education within 
                the Governor's State that is a historically black 
                college or university, as defined in section 631(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1132(a)).
            ``(B) In making nominations, the Governors shall give 
        preference to those institutions of higher education that 
        demonstrate a vigorous rate of admission of veterans of the 
        Armed Forces of the United States.
            ``(3) The Secretary shall only select as a partner a 
        nominee that the Secretary determines demonstrates excellence 
        in geophysical sciences curriculum, engineering curriculum, or 
        information technology or other technical studies relating to 
        seismic research (including data processing).
            ``(4) Notwithstanding subsection (d), nominees selected as 
        partners by the Secretary may conduct geological and 
        geophysical activities under this section after filing a notice 
        with the Secretary 30 days prior to commencement of the 
        activity without any further authorization by the Secretary 
        except those activities that use solid or liquid explosives 
        shall require a permit. The Secretary may not charge any fee 
        for the provision of data or other information collected under 
        this authority, other than the cost of duplicating any data or 
        information provided. Nominees selected as partners under this 
        section shall provide to the Secretary any data or other 
        information collected under this subsection within 60 days 
        after completion of an initial analysis of the data or other 
        information collected, if so requested by the Secretary.
            ``(5) Data or other information produced as a result of 
        activities conducted by nominees selected as partners under 
        this subsection shall not be used or shared for commercial 
        purposes by the nominee, may not be produced for proprietary 
        use or sale, and shall be made available by the Secretary to 
        the public.
            ``(6) The Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate reports 
        on the data or other information produced under the 
        partnerships under this section. Such reports shall be made no 
        less frequently than every 180 days following the conduct of 
        the first geological and geophysical activities under this 
        section.
            ``(7) In this subsection the term `geological and 
        geophysical activities' means any oil- or gas-related 
        investigation conducted on the outer Continental Shelf, 
        including geophysical surveys where magnetic, gravity, seismic, 
        or other systems are used to detect or imply the presence of 
        oil or gas.''.

                      Subtitle G--Judicial Review

SEC. 871. TIME FOR FILING COMPLAINT.

    (a) In General.--Any cause of action that arises from a covered 
energy decision must be filed not later than the end of the 60-day 
period beginning on the date of the covered energy decision. Any cause 
of action not filed within this time period shall be barred.
    (b) Exception.--Subsection (a) shall not apply to a cause of action 
brought by a party to a covered energy lease.

SEC. 872. DISTRICT COURT DEADLINE.

    (a) In General.--All proceedings that are subject to section 
10701--
            (1) shall be brought in the United States district court 
        for the district in which the Federal property for which a 
        covered energy lease is issued is located or the United States 
        District Court of the District of Columbia;
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause or claim is 
        filed; and
            (3) shall take precedence over all other pending matters 
        before the district court.
    (b) Failure To Comply With Deadline.--If an interlocutory or final 
judgment, decree, or order has not been issued by the district court by 
the deadline described under this section, the cause or claim shall be 
dismissed with prejudice and all rights relating to such cause or claim 
shall be terminated.

SEC. 873. ABILITY TO SEEK APPELLATE REVIEW.

    An interlocutory or final judgment, decree, or order of the 
district court in a proceeding that is subject to section 871 may be 
reviewed by the U.S. Court of Appeals for the District of Columbia 
Circuit. The D.C. Circuit shall resolve any such appeal as 
expeditiously as possible and, in any event, not more than 180 days 
after such interlocutory or final judgment, decree, or order of the 
district court was issued.

SEC. 874. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

    (a) Administrative Findings and Conclusions.--In any judicial 
review of any Federal action under this subtitle, any administrative 
findings and conclusions relating to the challenged Federal action 
shall be presumed to be correct unless shown otherwise by clear and 
convincing evidence contained in the administrative record.
    (b) Limitation on Prospective Relief.--In any judicial review of 
any action, or failure to act, under this subtitle, the Court shall not 
grant or approve any prospective relief unless the Court finds that 
such relief is narrowly drawn, extends no further than necessary to 
correct the violation of a Federal law requirement, and is the least 
intrusive means necessary to correct the violation concerned.

SEC. 875. LEGAL FEES.

    Any person filing a petition seeking judicial review of any action, 
or failure to act, under this subtitle who is not a prevailing party 
shall pay to the prevailing parties (including intervening parties), 
other than the United States, fees and other expenses incurred by that 
party in connection with the judicial review, unless the Court finds 
that the position of the person was substantially justified or that 
special circumstances make an award unjust.

SEC. 876. EXCLUSION.

    This subtitle shall not apply with respect to disputes between the 
parties to a lease issued pursuant to an authorizing leasing statute 
regarding the obligations of such lease or the alleged breach thereof.

SEC. 877. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Covered energy decision.--The term ``covered energy 
        decision'' means any action or decision by a Federal official 
        regarding the issuance of a covered energy lease.
            (2) Covered energy lease.--The term ``covered energy 
        lease'' means any lease under this title or under an oil and 
        gas leasing program under this title.

    TITLE IX--INCREASING ONSHORE OIL AND GAS DEVELOPMENT AND ENERGY 
                                SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

SEC. 901. SHORT TITLE.

    This subtitle may be cited as the ``Federal Lands Jobs and Energy 
Security Act''.

SEC. 902. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) this subtitle will support a healthy and growing United 
        States domestic energy sector that, in turn, helps to 
        reinvigorate American manufacturing, transportation, and 
        service sectors by employing the vast talents of United States 
        workers to assist in the development of energy from domestic 
        sources;
            (2) to ensure a robust onshore energy production industry 
        and ensure that the benefits of development support local 
        communities, under this subtitle, the Secretary shall make 
        every effort to promote the development of onshore American 
        energy, and shall take into consideration the socioeconomic 
        impacts, infrastructure requirements, and fiscal stability for 
        local communities located within areas containing onshore 
        energy resources; and
            (3) the Congress will monitor the deployment of personnel 
        and material onshore to encourage the development of American 
        manufacturing to enable United States workers to benefit from 
        this subtitle through good jobs and careers, as well as the 
        establishment of important industrial facilities to support 
        expanded access to American resources.
    (b) Requirement.--The Secretary of the Interior shall when 
possible, and practicable, encourage the use of United States workers 
and equipment manufactured in the United States in all construction 
related to mineral resource development under this subtitle.

           CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING

                 Subchapter A--Miscellaneous Provisions

SEC. 911. SHORT TITLE.

    This chapter may be cited as the ``Streamlining Permitting of 
American Energy Act of 2015''.

SEC. 912. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) 
is amended to read as follows:
            ``(2) Applications for permits to drill reform and 
        process.--
                    ``(A) Timeline.--The Secretary shall decide whether 
                to issue a permit to drill within 30 days after 
                receiving an application for the permit. The Secretary 
                may extend such period for up to 2 periods of 15 days 
                each, if the Secretary has given written notice of the 
                delay to the applicant. The notice shall be in the form 
                of a letter from the Secretary or a designee of the 
                Secretary, and shall include the names and titles of 
                the persons processing the application, the specific 
                reasons for the delay, and a specific date a final 
                decision on the application is expected.
                    ``(B) Notice of reasons for denial.--If the 
                application is denied, the Secretary shall provide the 
                applicant--
                            ``(i) in writing, clear and comprehensive 
                        reasons why the application was not accepted 
                        and detailed information concerning any 
                        deficiencies; and
                            ``(ii) an opportunity to remedy any 
                        deficiencies.
                    ``(C) Application deemed approved.--If the 
                Secretary has not made a decision on the application by 
                the end of the 60-day period beginning on the date the 
                application is received by the Secretary, the 
                application is deemed approved, except in cases in 
                which existing reviews under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                are incomplete.
                    ``(D) Denial of permit.--If the Secretary decides 
                not to issue a permit to drill in accordance with 
                subparagraph (A), the Secretary shall--
                            ``(i) provide to the applicant a 
                        description of the reasons for the denial of 
                        the permit;
                            ``(ii) allow the applicant to resubmit an 
                        application for a permit to drill during the 
                        10-day period beginning on the date the 
                        applicant receives the description of the 
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted 
                        application not later than 10 days after the 
                        date the application is submitted to the 
                        Secretary.
                    ``(E) Fee.--
                            ``(i) In general.--Notwithstanding any 
                        other law, the Secretary shall collect a single 
                        $6,500 permit processing fee per application 
                        from each applicant at the time the final 
                        decision is made whether to issue a permit 
                        under subparagraph (A). This fee shall not 
                        apply to any resubmitted application.
                            ``(ii) Treatment of permit processing 
                        fee.--Of all fees collected under this 
                        paragraph, 50 percent shall be transferred to 
                        the field office where they are collected and 
                        used to process protests, leases, and permits 
                        under this Act subject to appropriation.''.

SEC. 913. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
further amended by adding at the end the following:
            ``(4) Protest fee.--
                    ``(A) In general.--The Secretary shall collect a 
                $5,000 documentation fee to accompany each protest for 
                a lease, right-of-way, or application for permit to 
                drill.
                    ``(B) Treatment of fees.--Of all fees collected 
                under this paragraph, 50 percent shall remain in the 
                field office where they are collected and used to 
                process protests subject to appropriation.''.

SEC. 914. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING 
              ON FEDERAL LANDS.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a Federal Permit 
Streamlining Project (referred to in this section as the ``Project'') 
in every Bureau of Land Management field office with responsibility for 
permitting energy projects on Federal land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Chief of the Army Corps of Engineers.
            (2) State participation.--The Secretary may request that 
        the Governor of any State with energy projects on Federal lands 
        to be a signatory to the memorandum of understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        the signing of the memorandum of understanding under subsection 
        (b), all Federal signatory parties shall, if appropriate, 
        assign to each of the Bureau of Land Management field offices 
        an employee who has expertise in the regulatory issues relating 
        to the office in which the employee is employed, including, as 
        applicable, particular expertise in--
                    (A) the consultations and the preparation of 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.); and
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to the Bureau of Land Management 
                Field Managers in the office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                energy projects that arise under the authorities of the 
                employee's home agency; and
                    (C) participate as part of the team of personnel 
                working on proposed energy projects, planning, and 
                environmental analyses on Federal lands.
    (d) Additional Personnel.--The Secretary shall assign to each 
Bureau of Land Management field office identified in subsection (a) any 
additional personnel that are necessary to ensure the effective 
approval and implementation of energy projects administered by the 
Bureau of Land Management field offices, including inspection and 
enforcement relating to energy development on Federal land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Funding.--Funding for the additional personnel shall come from 
the Department of the Interior reforms identified in sections 21111 and 
21121.
    (f) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency whose employees are participating in the 
        Project.
    (g) Definition.--For purposes of this section the term ``energy 
projects'' includes oil, natural gas, and other energy projects as 
defined by the Secretary.

SEC. 915. ADMINISTRATION OF CURRENT LAW.

    Notwithstanding any other law, the Secretary of the Interior shall 
not require a finding of extraordinary circumstances in administering 
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

SEC. 916. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

    (a) In General.--The Secretary of the Interior shall provide 
matching funding for joint projects with States to conduct oil and gas 
resource assessments on Federal lands with significant oil and gas 
potential.
    (b) Cost Sharing.--The Federal share of the cost of activities 
under this section shall not exceed 50 percent.
    (c) Resource Assessment.--Any resource assessment under this 
section shall be conducted by a State, in consultation with the United 
States Geological Survey.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$50,000,000 for fiscal years 2015 through 2018.

SEC. 917. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to authorize the 
issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) to any person designated for the imposition of sanctions pursuant 
to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order No. 13622 (July 30, 2012), Executive 
        Order No. 13628 (October 9, 2012), or Executive Order No. 13645 
        (June 3, 2013);
            (3) Executive Order No. 13224 (September 23, 2001) or 
        Executive Order No. 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).

                     Subchapter B--Judicial Review

SEC. 921. DEFINITIONS.

    In this subchapter--
            (1) the term ``covered civil action'' means a civil action 
        containing a claim under section 702 of title 5, United States 
        Code, regarding agency action (as defined for the purposes of 
        that section) affecting a covered energy project on Federal 
        lands of the United States; and
            (2) the term ``covered energy project'' means the leasing 
        of Federal lands of the United States for the exploration, 
        development, production, processing, or transmission of oil, 
        natural gas, or any other source of energy, and any action 
        under such a lease, except that the term does not include any 
        disputes between the parties to a lease regarding the 
        obligations under such lease, including regarding any alleged 
        breach of the lease.

SEC. 922. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED 
              ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court 
where the project or leases exist or are proposed.

SEC. 923. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action must 
be filed no later than the end of the 90-day period beginning on the 
date of the final Federal agency action to which it relates.

SEC. 924. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as possible.

SEC. 925. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative 
findings and conclusions relating to the challenged Federal action or 
decision shall be presumed to be correct, and the presumption may be 
rebutted only by the preponderance of the evidence contained in the 
administrative record.

SEC. 926. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to no more than 
60 days, unless the court finds clear reasons to extend the injunction. 
In such cases of extensions, such extensions shall only be in 30-day 
increments and shall require action by the court to renew the 
injunction.

SEC. 927. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28, 
United States Code (together commonly called the Equal Access to 
Justice Act), do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

SEC. 928. LEGAL STANDING.

    Challengers filing appeals with the Department of the Interior 
Board of Land Appeals shall meet the same standing requirements as 
challengers before a United States district court.

                CHAPTER 2--OIL AND GAS LEASING CERTAINTY

SEC. 931. SHORT TITLE.

    This chapter may be cited as the ``Providing Leasing Certainty for 
American Energy Act of 2015''.

SEC. 932. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.

    In conducting lease sales as required by section 17(a) of the 
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the 
Interior shall perform the following:
            (1) The Secretary shall offer for sale no less than 25 
        percent of the annual nominated acreage not previously made 
        available for lease. Acreage offered for lease pursuant to this 
        paragraph shall not be subject to protest and shall be eligible 
        for categorical exclusions under section 390 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15942), except that it shall not 
        be subject to the test of extraordinary circumstances.
            (2) In administering this section, the Secretary shall only 
        consider leasing of Federal lands that are available for 
        leasing at the time the lease sale occurs.

SEC. 933. LEASING CERTAINTY.

    Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is 
amended by inserting ``(1)'' before ``All lands'', and by adding at the 
end the following:
    ``(2)(A) The Secretary shall not withdraw any covered energy 
project issued under this Act without finding a violation of the terms 
of the lease by the lessee.
    ``(B) The Secretary shall not infringe upon lease rights under 
leases issued under this Act by indefinitely delaying issuance of 
project approvals, drilling and seismic permits, and rights of way for 
activities under such a lease.
    ``(C) No later than 18 months after an area is designated as open 
under the current land use plan the Secretary shall make available 
nominated areas for lease under the criteria in section 2.
    ``(D) Notwithstanding any other law, the Secretary shall issue all 
leases sold no later than 60 days after the last payment is made.
    ``(E) The Secretary shall not cancel or withdraw any lease parcel 
after a competitive lease sale has occurred and a winning bidder has 
submitted the last payment for the parcel.
    ``(F) After the conclusion of the public comment period for a 
planned competitive lease sale, the Secretary shall not cancel, defer, 
or withdraw any lease parcel announced to be auctioned in the lease 
sale.
    ``(G) Not later than 60 days after a lease sale held under this 
Act, the Secretary shall adjudicate any lease protests filed following 
a lease sale. If after 60 days any protest is left unsettled, said 
protest is automatically denied and appeal rights of the protestor 
begin.
    ``(H) No additional lease stipulations may be added after the 
parcel is sold without consultation and agreement of the lessee, unless 
the Secretary deems such stipulations as emergency actions to conserve 
the resources of the United States.''.

SEC. 934. LEASING CONSISTENCY.

    Federal land managers must follow existing resource management 
plans and continue to actively lease in areas designated as open when 
resource management plans are being amended or revised, until such time 
as a new record of decision is signed.

SEC. 935. REDUCE REDUNDANT POLICIES.

    Bureau of Land Management Instruction Memorandum 2010-117 shall 
have no force or effect.

SEC. 936. STREAMLINED CONGRESSIONAL NOTIFICATION.

    Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is 
amended in the matter following paragraph (4) by striking ``at least 
thirty days in advance of the reinstatement'' and inserting ``in an 
annual report''.

                          CHAPTER 3--OIL SHALE

SEC. 941. SHORT TITLE.

    This chapter may be cited as the ``Protecting Investment in Oil 
Shale the Next Generation of Environmental, Energy, and Resource 
Security Act'' or the ``PIONEERS Act''.

SEC. 942. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO 
              RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

    (a) Regulations.--Notwithstanding any other law or regulation to 
the contrary, the final regulations regarding oil shale management 
published by the Bureau of Land Management on November 18, 2008 (73 
Fed. Reg. 69,414), are deemed to satisfy all legal and procedural 
requirements under any law, including the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the 
Interior shall implement those regulations, including the oil shale 
leasing program authorized by the regulations, without any other 
administrative action necessary.
    (b) Amendments to Resource Management Plans and Record of 
Decision.--Notwithstanding any other law or regulation to the contrary, 
the November 17, 2008, U.S. Bureau of Land Management Approved Resource 
Management Plan Amendments/Record of Decision for Oil Shale and Tar 
Sands Resources to Address Land Use Allocations in Colorado, Utah, and 
Wyoming and Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements under any law, 
including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and the Secretary of the Interior shall implement the 
oil shale leasing program authorized by the regulations referred to in 
subsection (a) in those areas covered by the resource management plans 
amended by such amendments, and covered by such record of decision, 
without any other administrative action necessary.

SEC. 943. OIL SHALE LEASING.

    (a) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale within 180 days after the date 
of enactment of this Act offering an additional 10 parcels for lease 
for research, development, and demonstration of oil shale resources, 
under the terms offered in the solicitation of bids for such leases 
published on January 15, 2009 (74 Fed. Reg. 10).
    (b) Commercial Lease Sales.--No later than January 1, 2016, the 
Secretary of the Interior shall hold no less than 5 separate commercial 
lease sales in areas considered to have the most potential for oil 
shale development, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an area of not 
less than 25,000 acres, and in multiple lease blocs.

                Subtitle B--Planning for American Energy

SEC. 951. SHORT TITLE.

    This subtitle may be cited as the ``Planning for American Energy 
Act of 2015''.

SEC. 952. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

    (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and by inserting 
after section 43 the following:

``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
              STRATEGY.

    ``(a) In General.--
            ``(1) The Secretary of the Interior (hereafter in this 
        section referred to as `Secretary'), in consultation with the 
        Secretary of Agriculture with regard to lands administered by 
        the Forest Service, shall develop and publish every 4 years a 
        Quadrennial Federal Onshore Energy Production Strategy. This 
        Strategy shall direct Federal land energy development and 
        department resource allocation in order to promote the energy 
        and national security of the United States in accordance with 
        Bureau of Land Management's mission of promoting the multiple 
        use of Federal lands as set forth in the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.).
            ``(2) In developing this Strategy, the Secretary shall 
        consult with the Administrator of the Energy Information 
        Administration on the projected energy demands of the United 
        States for the next 30-year period, and how energy derived from 
        Federal onshore lands can put the United States on a trajectory 
        to meet that demand during the next 4-year period. The 
        Secretary shall consider how Federal lands will contribute to 
        ensuring national energy security, with a goal for increasing 
        energy independence and production, during the next 4-year 
        period.
            ``(3) The Secretary shall determine a domestic strategic 
        production objective for the development of energy resources 
        from Federal onshore lands. Such objective shall be--
                    ``(A) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil and natural gas from the Federal 
                onshore mineral estate, with a focus on lands held by 
                the Bureau of Land Management and the Forest Service;
                    ``(B) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                coal production from Federal lands;
                    ``(C) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of strategic and critical energy minerals 
                from the Federal onshore mineral estate;
                    ``(D) the best estimate, based upon commercial and 
                scientific data, of the expected increase in megawatts 
                for electricity production from each of the following 
                sources: wind, solar, biomass, hydropower, and 
                geothermal energy produced on Federal lands 
                administered by the Bureau of Land Management and the 
                Forest Service;
                    ``(E) the best estimate, based upon commercial and 
                scientific data, of the expected increase in 
                unconventional energy production, such as oil shale;
                    ``(F) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil, natural gas, coal, and other 
                renewable sources from tribal lands for any federally 
                recognized Indian tribe that elects to participate in 
                facilitating energy production on its lands;
                    ``(G) the best estimate, based upon commercial and 
                scientific data, of the expected increase in production 
                of helium on Federal lands administered by the Bureau 
                of Land Management and the Forest Service; and
                    ``(H) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of geothermal, solar, wind, or other 
                renewable energy sources from `available lands' (as 
                such term is defined in section 203 of the Hawaiian 
                Homes Commission Act, 1920 (42 Stat. 108 et seq.), and 
                including any other lands deemed by the Territory or 
                State of Hawaii, as the case may be, to be included 
                within that definition) that the agency or department 
                of the government of the State of Hawaii that is 
                responsible for the administration of such lands 
                selects to be used for such energy production.
            ``(4) The Secretary shall consult with the Administrator of 
        the Energy Information Administration regarding the methodology 
        used to arrive at its estimates for purposes of this section.
            ``(5) The Secretary has the authority to expand the energy 
        development plan to include other energy production technology 
        sources or advancements in energy on Federal lands.
            ``(6) The Secretary shall include in the Strategy a plan 
        for addressing new demands for transmission lines and pipelines 
        for distribution of oil and gas across Federal lands to ensure 
        that energy produced can be distributed to areas of need.
    ``(b) Tribal Objectives.--It is the sense of Congress that 
federally recognized Indian tribes may elect to set their own 
production objectives as part of the Strategy under this section. The 
Secretary shall work in cooperation with any federally recognized 
Indian tribe that elects to participate in achieving its own strategic 
energy objectives designated under this subsection.
    ``(c) Execution of the Strategy.--The relevant Secretary shall have 
all necessary authority to make determinations regarding which 
additional lands will be made available in order to meet the production 
objectives established by strategies under this section. The Secretary 
shall also take all necessary actions to achieve these production 
objectives unless the President determines that it is not in the 
national security and economic interests of the United States to 
increase Federal domestic energy production and to further decrease 
dependence upon foreign sources of energy. In administering this 
section, the relevant Secretary shall only consider leasing Federal 
lands available for leasing at the time the lease sale occurs.
    ``(d) State, Federally Recognized Indian Tribes, Local Government, 
and Public Input.--In developing each strategy, the Secretary shall 
solicit the input of affected States, federally recognized Indian 
tribes, local governments, and the public.
    ``(e) Reporting.--The Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the progress 
of meeting the production goals set forth in the strategy. The 
Secretary shall identify in the report projections for production and 
capacity installations and any problems with leasing, permitting, 
siting, or production that will prevent meeting the goal. In addition, 
the Secretary shall make suggestions to help meet any shortfalls in 
meeting the production goals.
    ``(f) Programmatic Environmental Impact Statement.--Not later than 
12 months after the date of enactment of this section, in accordance 
with section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic 
environmental impact statement. This programmatic environmental impact 
statement will be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and land use plans 
associated with the implementation of the strategy.
    ``(g) Congressional Review.--At least 60 days prior to publishing a 
proposed strategy under this section, the Secretary shall submit it to 
the President and the Congress, together with any comments received 
from States, federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific recommendation of a 
State, federally recognized Indian tribe, or local government was not 
accepted.
    ``(h) Strategic and Critical Energy Minerals Defined.--For purposes 
of this section, the term `strategic and critical energy minerals' 
means those that are necessary for the Nation's energy infrastructure 
including pipelines, refining capacity, electrical power generation and 
transmission, and renewable energy production and those that are 
necessary to support domestic manufacturing, including but not limited 
to, materials used in energy generation, production, and 
transportation.''.
    (b) First Quadrennial Strategy.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of the Interior shall 
submit to Congress the first Quadrennial Federal Onshore Energy 
Production Strategy under the amendment made by subsection (a).

        Subtitle C--National Petroleum Reserve in Alaska Access

SEC. 961. SHORT TITLE.

    This subtitle may be cited as the ``National Petroleum Reserve 
Alaska Access Act''.

SEC. 962. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE 
              NATIONAL PETROLEUM RESERVE IN ALASKA.

    It is the sense of Congress that--
            (1) the National Petroleum Reserve in Alaska remains 
        explicitly designated, both in name and legal status, for 
        purposes of providing oil and natural gas resources to the 
        United States; and
            (2) accordingly, the national policy is to actively advance 
        oil and gas development within the Reserve by facilitating the 
        expeditious exploration, production, and transportation of oil 
        and natural gas from and through the Reserve.

SEC. 963. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

    Section 107(a) of the Naval Petroleum Reserves Production Act of 
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
    ``(a) In General.--The Secretary shall conduct an expeditious 
program of competitive leasing of oil and gas in the reserve in 
accordance with this Act. Such program shall include at least one lease 
sale annually in those areas of the reserve most likely to produce 
commercial quantities of oil and natural gas each year in the period 
2017 through 2027.''.

SEC. 964. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING 
              PIPELINE AND ROAD CONSTRUCTION.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Interior, in consultation with other appropriate 
Federal agencies, shall facilitate and ensure permits, in a timely and 
environmentally responsible manner, for all surface development 
activities, including for the construction of pipelines and roads, 
necessary to--
            (1) develop and bring into production any areas within the 
        National Petroleum Reserve in Alaska that are subject to oil 
        and gas leases; and
            (2) transport oil and gas from and through the National 
        Petroleum Reserve in Alaska in the most direct manner possible 
        to existing transportation or processing infrastructure on the 
        North Slope of Alaska.
    (b) Timeline.--The Secretary shall ensure that any Federal 
permitting agency shall issue permits in accordance with the following 
timeline:
            (1) Permits for such construction for transportation of oil 
        and natural gas produced under existing Federal oil and gas 
        leases with respect to which the Secretary has issued a permit 
        to drill shall be approved within 60 days after the date of 
        enactment of this Act.
            (2) Permits for such construction for transportation of oil 
        and natural gas produced under Federal oil and gas leases shall 
        be approved within 6 months after the submission to the 
        Secretary of a request for a permit to drill.
    (c) Plan.--To ensure timely future development of the Reserve, 
within 270 days after the date of the enactment of this Act, the 
Secretary of the Interior shall submit to Congress a plan for approved 
rights-of-way for a plan for pipeline, road, and any other surface 
infrastructure that may be necessary infrastructure that will ensure 
that all leasable tracts in the Reserve are within 25 miles of an 
approved road and pipeline right-of-way that can serve future 
development of the Reserve.

SEC. 965. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL 
              IMPACT STATEMENT.

    (a) Issuance of New Integrated Activity Plan.--The Secretary of the 
Interior shall, within 180 days after the date of enactment of this 
Act, issue--
            (1) a new proposed integrated activity plan from among the 
        non-adopted alternatives in the National Petroleum Reserve 
        Alaska Integrated Activity Plan Record of Decision issued by 
        the Secretary of the Interior and dated February 21, 2013; and
            (2) an environmental impact statement under section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the 
        National Petroleum Reserve-Alaska to promote efficient and 
        maximum development of oil and natural gas resources of such 
        reserve.
    (b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the 
Secretary of the Interior and dated February 21, 2013, including the 
integrated activity plan and environmental impact statement referred to 
in that record of decision, shall have no force or effect.

SEC. 966. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

    The Secretary of the Interior shall issue regulations not later 
than 180 days after the date of enactment of this Act that establish 
clear requirements to ensure that the Department of the Interior is 
supporting development of oil and gas leases in the National Petroleum 
Reserve-Alaska.

SEC. 967. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.

    At a minimum, the new proposed integrated activity plan issued 
under section 965(a)(1) shall--
            (1) require the Department of the Interior to respond 
        within 5 business days to a person who submits an application 
        for a permit for development of oil and natural gas leases in 
        the National Petroleum Reserve-Alaska acknowledging receipt of 
        such application; and
            (2) establish a timeline for the processing of each such 
        application, that--
                    (A) specifies deadlines for decisions and actions 
                on permit applications; and
                    (B) provides that the period for issuing each 
                permit after submission of such an application shall 
                not exceed 60 days without the concurrence of the 
                applicant.

SEC. 968. UPDATED RESOURCE ASSESSMENT.

    (a) In General.--The Secretary of the Interior shall complete a 
comprehensive assessment of all technically recoverable fossil fuel 
resources within the National Petroleum Reserve in Alaska, including 
all conventional and unconventional oil and natural gas.
    (b) Cooperation and Consultation.--The resource assessment required 
by subsection (a) shall be carried out by the United States Geological 
Survey in cooperation and consultation with the State of Alaska and the 
American Association of Petroleum Geologists.
    (c) Timing.--The resource assessment required by subsection (a) 
shall be completed within 24 months of the date of the enactment of 
this Act.
    (d) Funding.--The United States Geological Survey may, in carrying 
out the duties under this section, cooperatively use resources and 
funds provided by the State of Alaska.

                 Subtitle D--BLM Live Internet Auctions

SEC. 971. SHORT TITLE.

    This subtitle may be cited as the ``BLM Live Internet Auctions 
Act''.

SEC. 972. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.

    (a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)) is amended--
            (1) in subparagraph (A), in the third sentence, by 
        inserting ``, except as provided in subparagraph (C)'' after 
        ``by oral bidding''; and
            (2) by adding at the end the following:
    ``(C) In order to diversify and expand the Nation's onshore leasing 
program to ensure the best return to the Federal taxpayer, reduce 
fraud, and secure the leasing process, the Secretary may conduct 
onshore lease sales through Internet-based bidding methods. Each 
individual Internet-based lease sale shall conclude within 7 days.''.
    (b) Report.--Not later than 90 days after the tenth Internet-based 
lease sale conducted under the amendment made by subsection (a), the 
Secretary of the Interior shall analyze the first 10 such lease sales 
and report to Congress the findings of the analysis. The report shall 
include--
            (1) estimates on increases or decreases in such lease 
        sales, compared to sales conducted by oral bidding, in--
                    (A) the number of bidders;
                    (B) the average amount of bid;
                    (C) the highest amount bid; and
                    (D) the lowest bid;
            (2) an estimate on the total cost or savings to the 
        Department of the Interior as a result of such sales, compared 
        to sales conducted by oral bidding; and
            (3) an evaluation of the demonstrated or expected 
        effectiveness of different structures for lease sales which may 
        provide an opportunity to better maximize bidder participation, 
        ensure the highest return to the Federal taxpayers, minimize 
        opportunities for fraud or collusion, and ensure the security 
        and integrity of the leasing process.

                   Subtitle E--Native American Energy

SEC. 981. SHORT TITLE.

    This subtitle may be cited as the ``Native American Energy Act''.

SEC. 982. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of 
subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 983. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 984. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN 
              LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) In general.--For any major Federal action on Indian 
        lands of an Indian tribe requiring the preparation of a 
        statement under subsection (a)(2)(C), the statement shall only 
        be available for review and comment by the members of the 
        Indian tribe and by any other individual residing within the 
        affected area.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 25006 of that Act, shall 
        give the Secretary any additional authority over energy 
        projects on Alaska Native Claims Settlement Act lands.''.

SEC. 985. JUDICIAL REVIEW.

    (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
    (b) District Court Venue and Deadline.--All energy related 
actions--
            (1) shall be brought in the United States District Court 
        for the District of Columbia; and
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
    (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the U.S. Court of Appeals for the District of Columbia 
Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as 
expeditiously as possible, and in any event not more than 180 days 
after such interlocutory order or final judgment, decree or order of 
the district court was issued.
    (d) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections, to any person or party in 
an energy related action.
    (e) Legal Fees.--In any energy related action in which the 
plaintiff does not ultimately prevail, the court shall award to the 
defendant (including any intervenor-defendants), other than the United 
States, fees and other expenses incurred by that party in connection 
with the energy related action, unless the court finds that the 
position of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the position of the 
plaintiff was substantially justified shall be determined on the basis 
of the administrative record, as a whole, which is made in the energy 
related action for which fees and other expenses are sought.
    (f) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing:
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity; or
                            (ii) any Indian tribe, or any organization 
                        of two or more entities, at least one of which 
                        is an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        and does not include circumstances where the final agency 
        action is modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 986. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2017 through 2021, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than September 20, 2015, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.

SEC. 987. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 988. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 989. NONAPPLICABILITY OF CERTAIN RULES.

    No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.

    Subtitle F--State Authority for Hydraulic Fracturing Regulation

SEC. 991. SHORT TITLE.

    This subtitle may be cited as the ``Protecting States' Rights to 
Promote American Energy Security Act''.

SEC. 992. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
redesignating section 44 as section 45, and by inserting after section 
43 the following:

``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    ``(a) In General.--The Department of the Interior shall not enforce 
any Federal regulation, guidance, or permit requirement regarding 
hydraulic fracturing, or any component of that process, relating to 
oil, gas, or geothermal production activities on or under any land in 
any State that has regulations, guidance, or permit requirements for 
that activity.
    ``(b) State Authority.--The Department of the Interior shall 
recognize and defer to State regulations, permitting, and guidance, for 
all activities related to hydraulic fracturing, or any component of 
that process, relating to oil, gas, or geothermal production activities 
on Federal land.
    ``(c) Transparency of State Regulations.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of its regulations that apply to 
        hydraulic fracturing operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(d) Transparency of State Disclosure Requirements.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of any regulations of the State that 
        require disclosure of chemicals used in hydraulic fracturing 
        operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(e) Hydraulic Fracturing Defined.--In this section the term 
`hydraulic fracturing' means the process by which fracturing fluids (or 
a fracturing fluid system) are pumped into an underground geologic 
formation at a calculated, predetermined rate and pressure to generate 
fractures or cracks in the target formation and thereby increase the 
permeability of the rock near the wellbore and improve production of 
natural gas or oil.''.

SEC. 993. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study examining the economic benefits of domestic shale oil 
and gas production resulting from the process of hydraulic fracturing. 
This study will include identification of--
            (1) State and Federal revenue generated as a result of 
        shale gas production;
            (2) jobs created both directly and indirectly as a result 
        of shale oil and gas production; and
            (3) an estimate of potential energy prices without domestic 
        shale oil and gas production.
    (b) Report.--The Comptroller General shall submit a report on the 
findings of such study to the Committee on Natural Resources of the 
House of Representatives within 30 days after completion of the study.

SEC. 994. TRIBAL AUTHORITY ON TRUST LAND.

    The Department of the Interior shall not enforce any Federal 
regulation, guidance, or permit requirement regarding the process of 
hydraulic fracturing (as that term is defined in section 44 of the 
Mineral Leasing Act, as amended by section 102 of this Act), or any 
component of that process, relating to oil, gas, or geothermal 
production activities on any land held in trust or restricted status 
for the benefit of Indians except with the express consent of the 
beneficiary on whose behalf such land is held in trust or restricted 
status.

           TITLE X--PROMOTING STEM EDUCATION IN THE WORKFORCE

SEC. 1001. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) According to the National Science Board's Science and 
        Engineering Indicators, the science and engineering workforce 
        has shown sustained growth for more than half a century, and 
        workers with science and engineering degrees tend to earn more 
        than comparable workers in other fields.
            (2) According to the Program for International Student 
        Assessment 2012 results, America lags behind many other nations 
        in STEM education. American students rank 21st in science and 
        26th in mathematics.
            (3) Junior Achievement USA and ING found a decrease of 25 
        percent in the percentage of teenage students interested in 
        STEM careers.
            (4) According to a 2007 report from the Department of 
        Labor, industries and firms dependent on a strong science and 
        mathematics workforce have launched a variety of programs that 
        target K-12 students and undergraduate and graduate students in 
        STEM fields.
            (5) The Federal Government spends nearly $3 billion 
        annually on STEM education related program and activities, but 
        encouraging STEM education activities beyond the scope of the 
        Federal Government, including privately sponsored competitions 
        and programs in our schools, is crucial to the future technical 
        and economic competitiveness of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) more effective coordination and adoption of performance 
        measurement based on objective outcomes for federally supported 
        STEM programs is needed;
            (2) leveraging private and nonprofit investments in STEM 
        education will be essential to strengthening the Federal STEM 
        portfolio;
            (3) strengthening the Federal STEM portfolio may require 
        program consolidations and terminations, but such changes 
        should be based on evidence with stakeholder input;
            (4) coordinating STEM programs and activities across the 
        Federal Government in order to limit duplication and engage 
        stakeholders in STEM programs and related activities for which 
        objective outcomes can be measured will bolster results of 
        Federal STEM education programs, improve the return on 
        taxpayers' investments in STEM education programs, and in turn 
        strengthen the United States economy; and
            (5) as the Committee on STEM Education implements the 5-
        year Strategic Plan for Federal STEM education required under 
        section 101(b)(5) of the America COMPETES Reauthorization Act 
        of 2010 (42 U.S.C. 6621(b)(5)), STEM education stakeholders 
        must be engaged and outcome-based evaluation metrics should be 
        considered in the coordination and consolidation efforts for 
        the Federal STEM portfolio.

SEC. 1002. STEM EDUCATION ADVISORY PANEL.

    (a) Establishment.--The President shall establish or designate a 
STEM Education Advisory Panel that incorporates key stakeholders from 
the education and industry sectors. The co-chairs shall be members of 
the President's Council of Advisors on Science and Technology.
    (b) Qualifications.--The Advisory Panel established or designated 
by the President under subsection (a) shall consist primarily of 
members from academic institutions, nonprofit organizations, and 
industry and shall include in-school, out-of-school, and informal 
educational practitioners. Members of the Advisory Panel shall be 
qualified to provide advice and information on STEM education research, 
development, training, implementation, interventions, professional 
development, or workforce needs or concerns. In selecting or 
designating an Advisory Panel, the President may also seek and give 
consideration to recommendations from the Congress, industry, the 
scientific community (including the National Academy of Sciences, 
scientific professional societies, and academia), State and local 
governments, and other appropriate organizations. The Advisory Panel 
shall consist of 15 members, with 3 members appointed by the Speaker of 
the House of Representatives and 2 members appointed by the Majority 
Leader of the Senate.
    (c) Duties.--The Advisory Panel shall advise the President, the 
Committee on STEM Education, and the STEM Education Coordinating Office 
established under section 1004 on matters relating to STEM education, 
and shall each year provide general guidance to every Federal agency 
with STEM education programs or activities, including in the 
preparation of requests for appropriations for activities related to 
STEM education. The Advisory Panel shall also assess and develop 
recommendations for--
            (1) progress made in implementing the STEM education 
        Strategic Plan required under section 101 of the America 
        COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621), and any 
        needs or opportunities to update the strategic plan;
            (2) the management, coordination, and implementation of 
        STEM education programs and activities across the Federal 
        Government;
            (3) the appropriateness of criteria used by Federal 
        agencies to evaluate the effectiveness of Federal STEM 
        education programs and activities;
            (4) ways to leverage private and nonprofit STEM investments 
        and encourage public-private partnerships to strengthen STEM 
        education and help build the STEM workforce pipeline;
            (5) ways to incorporate workforce needs into Federal STEM 
        education programs, particularly for specific fields of 
        national interest and areas experiencing high unemployment 
        rates;
            (6) ways to better vertically and horizontally integrate 
        Federal STEM programs and activities from pre-K through 
        graduate study and the workforce, and from in-school to out-of-
        school in order to improve transitions for students moving 
        through the STEM pipeline;
            (7) whether societal and workforce concerns are adequately 
        addressed by current Federal STEM education programs and 
        activities;
            (8) the extent to which Federal STEM education programs and 
        activities are contributing to recruitment and retention of 
        women and underrepresented students in the STEM education and 
        workforce pipeline; and
            (9) ways to encourage geographic diversity in STEM 
        education and the workforce pipeline.
    (d) Reports.--The Advisory Panel shall report, not less frequently 
than once every 3 fiscal years, to the President and Congress on its 
assessments under subsection (c) and its recommendations for ways to 
improve Federal STEM education programs. The first report under this 
subsection shall be submitted within 1 year after the date of enactment 
of this Act.
    (e) Travel Expenses of Non-Federal Members.--Non-Federal members of 
the Advisory Panel, while attending meetings of the Advisory Panel or 
while otherwise serving at the request of the head of the Advisory 
Panel away from their homes or regular places of business, may be 
allowed travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code, for 
individuals in the Government serving without pay. Nothing in this 
subsection shall be construed to prohibit members of the Advisory Panel 
who are officers or employees of the United States from being allowed 
travel expenses, including per diem in lieu of subsistence, in 
accordance with existing law.

SEC. 1003. COMMITTEE ON STEM EDUCATION.

    Section 101 of the America COMPETES Reauthorization Act of 2010 (42 
U.S.C. 6621) is amended--
            (1) in the first subsection (b)--
                    (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (5) through (8), respectively;
                    (B) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) collaborate with the STEM Education Advisory Panel 
        established under section 1002 of the Reducing Employer 
        Burdens, Unleashing Innovation, and Labor Development Act of 
        2015 and other outside stakeholders to ensure the engagement of 
        the STEM education community;
            ``(4) review evaluation measures used for Federal STEM 
        education programs;''; and
                    (C) in paragraph (8), as so redesignated by 
                subparagraph (A) of this paragraph, by striking ``, 
                periodically update,''; and
            (2) in the second subsection (b) and in subsection (c), by 
        striking ``subsection (b)(5)'' and inserting ``subsection 
        (b)(7)''.

SEC. 1004. STEM EDUCATION COORDINATING OFFICE.

    (a) Establishment.--The Director of the National Science Foundation 
shall establish within the Directorate for Education and Human 
Resources a STEM Education Coordinating Office, which shall have a 
Director and staff that shall include career employees detailed from 
Federal agencies that fund STEM education programs and activities.
    (b) Responsibilities.--The STEM Education Coordinating Office 
shall--
            (1) provide technical and administrative support to--
                    (A) the Committee on STEM Education, especially in 
                its coordination of Federal STEM programs and strategic 
                planning responsibilities;
                    (B) the Advisory Panel established under section 
                1002; and
                    (C) Federal agencies with STEM education programs;
            (2) periodically update and maintain the inventory of 
        federally sponsored STEM education programs and activities 
        established under section 101(b)(8) of the America COMPETES 
        Reauthorization Act of 2010 (42 U.S.C. 6621); and
            (3) provide for dissemination of information on Federal 
        STEM education programs and activities, as appropriate, to 
        stakeholders in academia, industry, nonprofit organizations 
        with expertise in STEM education, State and local educational 
        agencies, and other STEM stakeholders.
    (c) Report.--The Director of the STEM Education Coordinating Office 
shall transmit a report annually to Congress not later than 60 days 
after the submission of the President's budget request. The annual 
report shall include--
            (1) any updates to the inventory required under subsection 
        (b)(2);
            (2) a description of all consolidations and terminations of 
        Federal STEM education programs implemented in the previous 
        fiscal year, including an explanation of the reasons for 
        consolidations and terminations;
            (3) recommendations for consolidations and terminations of 
        STEM education programs or activities in the upcoming fiscal 
        year;
            (4) a description of any significant new STEM education 
        public-private partnerships; and
            (5) a description of the progress made in carrying out the 
        strategic plan required under section 101 of the America 
        COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621), 
        including a description of the outcome of any program 
        assessments completed in the previous year.
    (d) Responsibilities of NSF.--The Director of the National Science 
Foundation shall encourage and monitor the efforts of the STEM 
Education Coordinating Office to ensure that the Coordinating Office is 
carrying out its responsibilities under subsection (b) appropriately.

SEC. 1005. DEFINITIONS.

    In this title--
            (1) the term ``STEM'' means the subjects of science, 
        technology, engineering, and mathematics;
            (2) the term ``STEM education'' means education in the 
        subjects of STEM, including computer science; and
            (3) the term ``Committee on STEM Education'' means the 
        Committee on Science, Technology, Engineering, and Mathematics 
        Education established under section 101 of the America COMPETES 
        Reauthorization Act of 2010 (42 U.S.C. 6621).
                                 <all>