[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[Senate]
[Pages 13012-13074]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3626. Mr. BLUNT (for himself, Ms. Ayotte, Mr. Chambliss, Mr. 
Coburn, Mrs. Fischer, Mr. Grassley, Mr. Hatch, Mr. Johanns, Mr. Johnson 
of Wisconsin, Mr. Kirk, Mr. Portman, Mr. Pryor, Mr. Scott, Mr. Vitter, 
and Mr. Heller) submitted an amendment intended to be proposed by him 
to the bill S. 2569, to provide an incentive for businesses to bring 
jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. EMPLOYEES WITH HEALTH COVERAGE UNDER TRICARE OR THE 
                   VETERANS ADMINISTRATION MAY BE EXEMPTED FROM 
                   EMPLOYER MANDATE UNDER PATIENT PROTECTION AND 
                   AFFORDABLE CARE ACT.

       (a) In General.--Section 4980H(c)(2) of the Internal 
     Revenue Code is amended by adding at the end the following:
       ``(F) Exemption for health coverage under tricare or the 
     veterans administration.--Solely for purposes of determining 
     whether an employer is an applicable large employer under 
     this paragraph for any month, an employer may elect not to 
     take into account for a month as an employee any individual 
     who, for such month, has medical coverage under--
       ``(i) chapter 55 of title 10, United States Code, including 
     coverage under the TRICARE program, or
       ``(ii) under a health care program under chapter 17 or 18 
     of title 38, United States Code, as determined by the 
     Secretary of Veterans Affairs, in coordination with the 
     Secretary of Health and Human Services and the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to months beginning after December 31, 2013.
                                 ______
                                 
  SA 3627. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, insert the following:

     SEC. 4. ELIGIBILITY FOR CHILD TAX CREDIT.

       (a) In General.--Subsection (e) of section 24 of the 
     Internal Revenue Code of 1986 is amended by striking ``under 
     this section to a taxpayer'' and all that follows and 
     inserting ``under this section to any taxpayer unless--
       ``(1) such taxpayer includes the taxpayer's valid 
     identification number (as defined in section 6428(h)(2)) on 
     the return of tax for the taxable year, and
       ``(2) with respect to any qualifying child, the taxpayer 
     includes the name and taxpayer identification number of such 
     qualifying child on such return of tax.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3628. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE 
                   DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A of the Internal Revenue 
     Code of 1986 is amended by striking ``December 31, 2013'' and 
     inserting ``December 31, 2015''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2013'' and inserting ``December 31, 2015''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2013'' and inserting ``December 31, 
     2015''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to fuel sold or used after December 31, 2013.
       (d) Special Rule for Certain Periods During 2014.--
     Notwithstanding any other provision of law, in the case of 
     any biodiesel mixture credit properly determined under 
     section 6426(c) of the Internal Revenue Code of 1986 for 
     periods after December 31, 2013, and before the date of the 
     enactment of this Act, such credit shall be allowed, and any 
     refund or payment attributable to such credit (including any 
     payment under section 6427(e) of such Code) shall be made, 
     only in such manner as the Secretary of the Treasury (or the 
     Secretary's delegate) shall provide. Such Secretary shall 
     issue guidance within 30 days after the date of the enactment 
     of this Act providing for a one-time submission of claims 
     covering periods described in the preceding sentence. Such 
     guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
                                 ______
                                 
  SA 3629. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   CREATE A TAX OR FEE ON CARBON EMISSIONS.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, or 
     conference report that includes a Federal tax or fee imposed 
     on carbon emissions from any product or entity that is a 
     direct or indirect source of the emissions.
       (b) Waiver and Appeal.--
       (1) Waiver.--Subsection (a) may be waived or suspended in 
     the Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeal.--An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required to sustain an appeal of the ruling of the Chair on a 
     point of order raised under subsection (a).
                                 ______
                                 
  SA 3630. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. FEDERALISM IN MEDICAL MARIJUANA.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given that term under section 102 
     of the Controlled Substances Act (21 U.S.C. 802).
       (b) State Medical Marijuana Laws.--Notwithstanding section 
     708 of the Controlled Substances Act (21 U.S.C. 903) or any 
     other provision of law (including regulations), a State may 
     enact and implement a law that authorizes the use, 
     distribution, possession, or cultivation of marijuana for 
     medical use.
       (c) Prohibition on Certain Prosecutions.--No prosecution 
     may be commenced or maintained against any physician or 
     patient for a violation of any Federal law (including 
     regulations) that prohibits the conduct described in 
     subsection (b) if the State in which the violation occurred 
     has in effect a law described in subsection (b) before, on, 
     or after the date on which the violation occurred, 
     including--
       (1) Alabama;
       (2) Alaska;
       (3) Arizona;
       (4) California;
       (5) Colorado;

[[Page 13013]]

       (6) Connecticut;
       (7) Delaware;
       (8) the District of Columbia;
       (9) Florida;
       (10) Hawaii;
       (11) Illinois;
       (12) Iowa;
       (13) Kentucky;
       (14) Maine;
       (15) Maryland;
       (16) Massachusetts;
       (17) Michigan;
       (18) Minnesota;
       (19) Mississippi;
       (20) Missouri;
       (21) Montana;
       (22) Nevada;
       (23) New Hampshire;
       (24) New Jersey;
       (25) New Mexico;
       (26) Oregon;
       (27) Rhode Island;
       (28) South Carolina;
       (29) Tennessee;
       (30) Utah;
       (31) Vermont;
       (32) Washington; and
       (33) Wisconsin.
                                 ______
                                 
  SA 3631. Mr. BARRASSO (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING PATIENTS FROM HIGHER PREMIUMS.

       Section 9010 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), as amended by section 10905 of such 
     Act and by section 1406 of the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152), is repealed.
                                 ______
                                 
  SA 3632. Mr. THUNE (for himself, Mr. Toomey, Ms. Ayotte, Mr. McCain, 
Mr. Roberts, Mr. Rubio, Mr. Cruz, Mr. Lee, and Mr. Flake) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND 
                   MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC 
                   COMMERCE.

       (a) Findings.--Congress makes the following findings:
       (1) The Internet has continued to drive economic growth, 
     productivity and innovation since the Internet Tax Freedom 
     Act was first enacted in 1998.
       (2) The Internet promotes a nationwide economic environment 
     that facilitates innovation, promotes efficiency, and 
     empowers people to broadly share their ideas.
       (3) According to the National Broadband Plan, cost remains 
     the biggest barrier to consumer broadband adoption. Keeping 
     Internet access affordable promotes consumer access to this 
     critical gateway to jobs, education, healthcare, and 
     entrepreneurial opportunities, regardless of race, income, or 
     neighborhood.
       (4) Small business owners rely heavily on affordable 
     Internet access, providing them with access to new markets, 
     additional consumers, and an opportunity to compete in the 
     global economy.
       (5) Economists have recognized that excessive taxation of 
     innovative communications technologies reduces economic 
     welfare more than taxes on other sectors of the economy.
       (6) The provision of affordable access to the Internet is 
     fundamental to the American economy and access to it must be 
     protected from multiple and discriminatory taxes at the State 
     and local level.
       (7) As a massive global network that spans political 
     boundaries, the Internet is inherently a matter of interstate 
     and foreign commerce within the jurisdiction of the United 
     States Congress under article I, section 8, clause 3 of the 
     Constitution of the United States.
       (b) In General.--Section 1101(a) of the Internet Tax 
     Freedom Act (47 U.S.C. 151 note) is amended by striking `` 
     during the period beginning November 1, 2003, and ending 
     November 1, 2014''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxes imposed after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 3633. Mr. THUNE (for himself, Mr. Toomey, Ms. Ayotte, Mr. McCain, 
Mr. Enzi, Mr. Blunt, Mr. Roberts, Mr. Rubio, Mr. Cruz, Mr. Lee, Mr. 
Flake, and Mrs. Fischer) submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER 
                   TAXES.

       (a) Estate Tax Repeal.--Subchapter C of chapter 11 of 
     subtitle B of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 2210. TERMINATION.

       ``(a) In General.--Except as provided in subsection (b), 
     this chapter shall not apply to the estates of decedents 
     dying on or after the date of the enactment of the Bring Jobs 
     Home Act.
       ``(b) Certain Distributions From Qualified Domestic 
     Trusts.--In applying section 2056A with respect to the 
     surviving spouse of a decedent dying before the date of the 
     enactment of the Bring Jobs Home Act--
       ``(1) section 2056A(b)(1)(A) shall not apply to 
     distributions made after the 10-year period beginning on such 
     date, and
       ``(2) section 2056A(b)(1)(B) shall not apply on or after 
     such date.''.
       (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G 
     of chapter 13 of subtitle B of such Code is amended by adding 
     at the end the following new section:

     ``SEC. 2664. TERMINATION.

       ``This chapter shall not apply to generation-skipping 
     transfers on or after the date of the enactment of the Bring 
     Jobs Home Act.''.
       (c) Conforming Amendments.--
       (1) The table of sections for subchapter C of chapter 11 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new item:

``Sec. 2210. Termination.''.

       (2) The table of sections for subchapter G of chapter 13 of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 2664. Termination.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to the estates of decedents dying, and 
     generation-skipping transfers, after the date of the 
     enactment of this Act.

     SEC. ___. MODIFICATIONS OF GIFT TAX.

       (a) Computation of Gift Tax.--Subsection (a) of section 
     2502 of the Internal Revenue Code of 1986 is amended to read 
     as follows:
       ``(a) Computation of Tax.--
       ``(1) In general.--The tax imposed by section 2501 for each 
     calendar year shall be an amount equal to the excess of--
       ``(A) a tentative tax, computed under paragraph (2), on the 
     aggregate sum of the taxable gifts for such calendar year and 
     for each of the preceding calendar periods, over
       ``(B) a tentative tax, computed under paragraph (2), on the 
     aggregate sum of the taxable gifts for each of the preceding 
     calendar periods.
       ``(2) Rate schedule.--


``If the amount with respect to which the   The tentative tax is:
 tentative tax to be computed is:.
 
Not over $10,000..........................  18% of such amount.
Over $10,000 but not over $20,000.........  $1,800, plus 20% of the
                                             excess over $10,000.
Over $20,000 but not over $40,000.........  $3,800, plus 22% of the
                                             excess over $20,000.
Over $40,000 but not over $60,000.........  $8,200, plus 24% of the
                                             excess over $40,000.
Over $60,000 but not over $80,000.........  $13,000, plus 26% of the
                                             excess over $60,000.
Over $80,000 but not over $100,000........  $18,200, plus 28% of the
                                             excess over $80,000.
Over $100,000 but not over $150,000.......  $23,800, plus 30% of the
                                             excess over $100,000.
Over $150,000 but not over $250,000.......  $38,800, plus 32% of the
                                             excess of $150,000.
Over $250,000 but not over $500,000.......  $70,800, plus 34% of the
                                             excess over $250,000.
Over $500,000.............................  $155,800, plus 35% of the
                                             excess of $500,000.''.
 

       (b) Treatment of Certain Transfers in Trust.--Section 2511 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subsection:
       ``(c) Treatment of Certain Transfers in Trust.--
     Notwithstanding any other provision of this section and 
     except as provided in regulations, a transfer in trust shall 
     be treated as a taxable gift under section 2503, unless the 
     trust is treated as wholly owned by the donor or the donor's 
     spouse under subpart E of part I of subchapter J of chapter 
     1.''.
       (c) Lifetime Gift Exemption.--
       (1) In general.--Paragraph (1) of section 2505(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) the amount of the tentative tax which would be 
     determined under the rate schedule set forth in section 
     2502(a)(2) if the amount with respect to which such tentative 
     tax is to be computed were $5,000,000, reduced by''.
       (2) Inflation adjustment.--Section 2505 of such Code is 
     amended by adding at the end the following new subsection:
       ``(d) Inflation Adjustment.--
       ``(1) In general.--In the case of any calendar year after 
     2011, the dollar amount in subsection (a)(1) shall be 
     increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2010' for `calendar year 1992' in subparagraph 
     (B) thereof.
       ``(2) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $10,000, such amount shall be 
     rounded to the nearest multiple of $10,000.''.
       (d) Conforming Amendments.--

[[Page 13014]]

       (1) Section 2505(a) of such Code is amended by striking the 
     last sentence.
       (2) The heading for section 2505 of such Code is amended by 
     striking ``UNIFIED''.
       (3) The item in the table of sections for subchapter A of 
     chapter 12 of such Code relating to section 2505 is amended 
     to read as follows:

``Sec. 2505. Credit against gift tax.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to gifts made on or after the date of the 
     enactment of this Act.
       (f) Transition Rule.--
       (1) In general.--For purposes of applying sections 1015(d), 
     2502, and 2505 of the Internal Revenue Code of 1986, the 
     calendar year in which this Act is enacted shall be treated 
     as 2 separate calendar years one of which ends on the day 
     before the date of the enactment of this Act and the other of 
     which begins on such date of enactment.
       (2) Application of section 2504(b).--For purposes of 
     applying section 2504(b) of the Internal Revenue Code of 
     1986, the calendar year in which this Act is enacted shall be 
     treated as one preceding calendar period.
                                 ______
                                 
  SA 3634. Mr. THUNE (for himself, Mr. Roberts, and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
2569, to provide an incentive for businesses to bring jobs back to 
America; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK 
                   OF S CORPORATIONS MAKING CHARITABLE 
                   CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Section 1367(a)(2) of the Internal Revenue 
     Code of 1986 is amended by striking the last sentence.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2013.

     SEC. ____. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S 
                   CORPORATIONS MADE PERMANENT.

       (a) In General.--Paragraph (7) of section 1374(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(7) Recognition period.--
       ``(A) In general.--The term recognition period means the 5-
     year period beginning with the 1st day of the 1st taxable 
     year for which the corporation was an S corporation. For 
     purposes of applying this section to any amount includible in 
     income by reason of distributions to shareholders pursuant to 
     section 593(e), the preceding sentence shall be applied 
     without regard to the phrase 5-year.
       ``(B) Installment sales.--If an S corporation sells an 
     asset and reports the income from the sale using the 
     installment method under section 453, the treatment of all 
     payments received shall be governed by the provisions of this 
     paragraph applicable to the taxable year in which such sale 
     was made.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.
                                 ______
                                 
  SA 3635. Mr. THUNE (for himself, Mr. Roberts, and Mr. Isakson) 
submitted an amendment intended to be proposed by him to the bill S. 
2569, to provide an incentive for businesses to bring jobs back to 
America; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.

       (a) In General.--Subsection (a) of section 41 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(a) In General.--For purposes of section 38, the research 
     credit determined under this section for the taxable year 
     shall be an amount equal to the sum of--
       ``(1) 20 percent of so much of the qualified research 
     expenses for the taxable year as exceeds 50 percent of the 
     average qualified research expenses for the 3 taxable years 
     preceding the taxable year for which the credit is being 
     determined,
       ``(2) 20 percent of so much of the basic research payments 
     for the taxable year as exceeds 50 percent of the average 
     basic research payments for the 3 taxable years preceding the 
     taxable year for which the credit is being determined, plus
       ``(3) 20 percent of the amounts paid or incurred by the 
     taxpayer in carrying on any trade or business of the taxpayer 
     during the taxable year (including as contributions) to an 
     energy research consortium for energy research.''.
       (b) Repeal of Termination.--Section 41 of such Code is 
     amended by striking subsection (h).
       (c) Conforming Amendments.--
       (1) Subsection (c) of section 41 of such Code is amended to 
     read as follows:
       ``(c) Determination of Average Research Expenses for Prior 
     Years.--
       ``(1) Special rule in case of no qualified research 
     expenditures in any of 3 preceding taxable years.--In any 
     case in which the taxpayer has no qualified research expenses 
     in any one of the 3 taxable years preceding the taxable year 
     for which the credit is being determined, the amount 
     determined under subsection (a)(1) for such taxable year 
     shall be equal to 10 percent of the qualified research 
     expenses for the taxable year.
       ``(2) Consistent treatment of expenses.--
       ``(A) In general.--Notwithstanding whether the period for 
     filing a claim for credit or refund has expired for any 
     taxable year taken into account in determining the average 
     qualified research expenses, or average basic research 
     payments, taken into account under subsection (a), the 
     qualified research expenses and basic research payments taken 
     into account in determining such averages shall be determined 
     on a basis consistent with the determination of qualified 
     research expenses and basic research payments, respectively, 
     for the credit year.
       ``(B) Prevention of distortions.--The Secretary may 
     prescribe regulations to prevent distortions in calculating a 
     taxpayer's qualified research expenses or basic research 
     payments caused by a change in accounting methods used by 
     such taxpayer between the current year and a year taken into 
     account in determining the average qualified research 
     expenses or average basic research payments taken into 
     account under subsection (a).''.
       (2) Section 41(e) of such Code is amended--
       (A) by striking all that precedes paragraph (6) and 
     inserting the following:
       ``(e) Basic Research Payments.--For purposes of this 
     section--
       ``(1) In general.--The term `basic research payment' means, 
     with respect to any taxable year, any amount paid in cash 
     during such taxable year by a corporation to any qualified 
     organization for basic research but only if--
       ``(A) such payment is pursuant to a written agreement 
     between such corporation and such qualified organization, and
       ``(B) such basic research is to be performed by such 
     qualified organization.
       ``(2) Exception to requirement that research be performed 
     by the organization.--In the case of a qualified organization 
     described in subparagraph (C) or (D) of paragraph (3), 
     subparagraph (B) of paragraph (1) shall not apply.'',
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (3) and (4), respectively, and
       (C) in paragraph (4) as so redesignated, by striking 
     subparagraphs (B) and (C) and by redesignating subparagraphs 
     (D) and (E) as subparagraphs (B) and (C), respectively.
       (3) Section 41(f)(3) of such Code is amended--
       (A)(i) by striking ``, and the gross receipts'' in 
     subparagraph (A)(i) and all that follows through ``determined 
     under clause (iii)'',
       (ii) by striking clause (iii) of subparagraph (A) and 
     redesignating clauses (iv), (v), and (vi), thereof, as 
     clauses (iii), (iv), and (v), respectively,
       (iii) by striking ``and (iv)'' each place it appears in 
     subparagraph (A)(iv) (as so redesignated) and inserting ``and 
     (iii)'',
       (iv) by striking subclause (IV) of subparagraph (A)(iv) (as 
     so redesignated), by striking ``, and'' at the end of 
     subparagraph (A)(iv)(III) (as so redesignated) and inserting 
     a period, and by adding ``and'' at the end of subparagraph 
     (A)(iv)(II) (as so redesignated),
       (v) by striking ``(A)(vi)'' in subparagraph (B) and 
     inserting ``(A)(v)'', and
       (vi) by striking ``(A)(iv)(II)'' in subparagraph (B)(i)(II) 
     and inserting ``(A)(iii)(II)'',
       (B) by striking ``, and the gross receipts of the 
     predecessor,'' in subparagraph (A)(iv)(II) (as so 
     redesignated),
       (C) by striking ``, and the gross receipts of,'' in 
     subparagraph (B),
       (D) by striking ``, or gross receipts of,'' in subparagraph 
     (B)(i)(I), and
       (E) by striking subparagraph (C).
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2013.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to amounts paid or incurred after December 31, 
     2013.
                                 ______
                                 
  SA 3636. Mr. THUNE (for himself, Mr. Toomey, Mr. Roberts, Mr. Lee, 
Mr. Flake, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill S. 2569, to provide an incentive for 
businesses to bring jobs back to America; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT EXTENSION OF EXPENSING CERTAIN 
                   DEPRECIABLE BUSINESS ASSETS FOR SMALL BUSINESS.

       (a) In General.--
       (1) Dollar limitation.--Paragraph (1) of section 179(b) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``shall not exceed--'' and all that follows and inserting 
     ``shall not exceed $500,000.''.
       (2) Reduction in limitation.--Paragraph (2) of section 
     179(b) of such Code is amended by striking ``exceeds--'' and 
     all that follows and inserting ``exceeds $2,000,000.''.
       (b) Computer Software.--Clause (ii) of section 179(d)(1)(A) 
     of such Code is amended by striking ``, to which section 167 
     applies, and which is placed in service in a taxable

[[Page 13015]]

     year beginning after 2002 and before 2014'' and inserting 
     ``and to which section 167 applies''.
       (c) Election.--Paragraph (2) of section 179(c) of such Code 
     is amended--
       (1) by striking ``may not be revoked'' and all that follows 
     through ``and before 2014'', and
       (2) by striking ``irrevocable'' in the heading thereof.
       (d) Air Conditioning and Heating Units.--Paragraph (1) of 
     section 179(d) of such Code is amended by striking ``and 
     shall not include air conditioning or heating units''.
       (e) Qualified Real Property.--Subsection (f) of section 179 
     of such Code is amended--
       (1) by striking ``beginning in 2010, 2011, 2012, or 2013'' 
     in paragraph (1), and
       (2) by striking paragraphs (3) and (4).
       (f) Inflation Adjustment.--Subsection (b) of section 179 of 
     such Code is amended by adding at the end the following new 
     paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning after 2014, the dollar amounts in paragraphs (1) 
     and (2) shall each be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(c)(2)(A) for such calendar year, determined by 
     substituting calendar year 2013 for calendar year 2012 in 
     clause (ii) thereof.
       ``(B) Rounding.--The amount of any increase under 
     subparagraph (A) shall be rounded to the nearest multiple of 
     $10,000.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.
                                 ______
                                 
  SA 3637. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT 
                   AGREEMENTS AND CONTRACTS.

       Section 604(d) of the Healthy Forests Restoration Act of 
     2003 (16 U.S.C. 6591c(d)) is amended--
       (1) by redesignating paragraphs (5), (6), and (7) as 
     paragraphs (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) Cancellation ceilings.--
       ``(A) In general.--The Chief and the Director may obligate 
     funds to cover any potential cancellation or termination 
     costs for an agreement or contract under subsection (b) in 
     stages that are economically or programmatically viable.
       ``(B) Notice.--
       ``(i) Submission to congress.--Not later than 30 days 
     before entering into a multiyear agreement or contract under 
     subsection (b) that includes a cancellation ceiling in excess 
     of $25,000,000, but does not include proposed funding for the 
     costs of cancelling the agreement or contract up to the 
     cancellation ceiling established in the agreement or 
     contract, the Chief and the Director 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 written notice that includes--

       ``(I)(aa) the cancellation ceiling amounts proposed for 
     each program year in the agreement or contract; and
       ``(bb) the reasons for the cancellation ceiling amounts 
     proposed under item (aa);
       ``(II) the extent to which the costs of contract 
     cancellation are not included in the budget for the agreement 
     or contract; and
       ``(III) a financial risk assessment of not including 
     budgeting for the costs of agreement or contract 
     cancellation.

       ``(ii) Transmittal to omb.--At least 14 days before the 
     date on which the Chief and Director enter into an agreement 
     or contract under subsection (b), the Chief and Director 
     shall transmit to the Director of the Office of Management 
     and Budget a copy of the written notice submitted under 
     clause (i).''.
                                 ______
                                 
  SA 3638. Mr. MORAN (for himself and Mr. Brown) submitted an amendment 
intended to be proposed by him to the bill S. 2569, to provide an 
incentive for businesses to bring jobs back to America; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 4. EXCEPTION TO ANNUAL WRITTEN PRIVACY NOTICE 
                   REQUIREMENT UNDER THE GRAMM-LEACH-BLILEY ACT.

       Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) 
     is amended by adding at the end the following:
       ``(f) Exception to Annual Written Notice Requirement.--A 
     financial institution that--
       ``(1) provides nonpublic personal information in accordance 
     with the provisions of subsection (b)(2) or (e) of section 
     502 or regulations prescribed under section 504(b);
       ``(2) has not changed its policies and practices with 
     respect to disclosing nonpublic personal information from the 
     policies and practices that were disclosed in the most recent 
     disclosure sent to consumers in accordance with this section; 
     and
       ``(3) otherwise provides customers access to such most 
     recent disclosure in electronic or other form permitted by 
     regulations prescribed under section 504,

     shall not be required to provide an annual written disclosure 
     under this section, until such time as the financial 
     institution fails to comply with paragraph (1), (2), or 
     (3).''.
                                 ______
                                 
  SA 3639. Mr. MORAN (for himself, Mr. Roberts, Mr. Inhofe, Mr. Cruz, 
and Mr. Cornyn) submitted an amendment intended to be proposed by him 
to the bill S. 2569, to provide an incentive for businesses to bring 
jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. PROHIBITION ON LAND MANAGEMENT MODIFICATIONS RELATING 
                   TO LESSER PRAIRIE CHICKEN.

       Notwithstanding any other provision of law (including 
     regulations), the Secretary of Agriculture and the Secretary 
     of the Interior shall not implement or limit any modification 
     to a public or private land-related policy or subsurface 
     mineral right-related policy or practice that is in effect on 
     the date of enactment of this Act relating to the listing of 
     the Lesser Prairie Chicken as a threatened species or 
     endangered species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 3640. Mrs. SHAHEEN (for herself, Mrs. Boxer, Mrs. Murray, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed by her to 
the bill S. 2569, to provide an incentive for businesses to bring jobs 
back to America; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENHANCEMENT OF THE DEPENDENT CARE TAX CREDIT.

       (a) Increase in Dependent Care Tax Credit.--
       (1) Increase in incomes eligible for full credit.--
     Paragraph (2) of section 21(a) of the Internal Revenue Code 
     of 1986 is amended to read as follows:
       ``(2) Applicable percentage defined.--For purposes of 
     paragraph (1), the term `applicable percentage' means 20 
     percent reduced (but not below zero) by 1 percentage point 
     for each $5,000 (or fraction thereof) by which the taxpayer's 
     adjusted gross income for the taxable year exceeds 
     $200,000.''.
       (2) Increase in dollar limit on amount creditable.--
     Subsection (c) of section 21 of the Internal Revenue Code of 
     1986 is amended--
       (A) by striking ``$3,000'' in paragraph (1) and inserting 
     ``$8,000'', and
       (B) by striking ``$6,000'' in paragraph (2) and inserting 
     ``$16,000''.
       (3) Inflation adjustment.--Section 21 of the Internal 
     Revenue Code of 1986 is amended--
       (A) by redesignating subsection (f) as subsection (g), and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Inflation Adjustment.--
       ``(1) In general.--In the case of any taxable year 
     beginning after 2015, the $200,000 amount in subsection 
     (a)(2) and each of the dollar amounts in subsection (c) shall 
     each be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `2014' for `1992' in 
     subparagraph (B) thereof.
       ``(2) Rounding.--The amount of any increase under paragraph 
     (1) shall be rounded--
       ``(A) for purposes of the dollar amount in subsection 
     (a)(2), the nearest multiple of $1,000, and
       ``(B) for purposes of the dollar amounts in subsection (c), 
     the nearest multiple of $100.''.
       (b) Dependent Care Tax Credit To Be Refundable.--
       (1) In general.--The Internal Revenue Code of 1986 is 
     amended--
       (A) by redesignating section 21, as amended by subsection 
     (a), as section 36C, and
       (B) by moving section 36C, as so redesignated, from subpart 
     A of part IV of subchapter A of chapter 1 to the location 
     immediately before section 37 in subpart C of part IV of 
     subchapter A of chapter 1.
       (2) Technical amendments.--
       (A) Paragraph (1) of section 23(f) of the Internal Revenue 
     Code of 1986 is amended by striking ``21(e)'' and inserting 
     ``36C(e)''.
       (B) Paragraph (6) of section 35(g) of such Code is amended 
     by striking ``21(e)'' and inserting ``36C(e)''.
       (C) Paragraph (1) of section 36C(a) of such Code (as 
     redesignated by paragraph (1)) is amended by striking ``this 
     chapter'' and inserting ``this subtitle''.
       (D) Subparagraph (C) of section 129(a)(2) of such Code is 
     amended by striking ``section 21(e)'' and inserting ``section 
     36C(e)''.
       (E) Paragraph (2) of section 129(b) of such Code is amended 
     by striking ``section 21(d)(2)'' and inserting ``section 
     36C(d)(2)''.
       (F) Paragraph (1) of section 129(e) of such Code is amended 
     by striking ``section 21(b)(2)'' and inserting ``section 
     36C(b)(2)''.

[[Page 13016]]

       (G) Subsection (e) of section 213 of such Code is amended 
     by striking ``section 21'' and inserting ``section 36C''.
       (H) Subparagraph (A) of section 6211(b)(4) of such Code is 
     amended by inserting ``36C,'' after ``36B,''.
       (I) Subparagraph (H) of section 6213(g)(2) of such Code is 
     amended by striking ``section 21'' and inserting ``section 
     36C''.
       (J) Subparagraph (L) of section 6213(g)(2) of such Code is 
     amended by striking ``section 21, 24, 32,'' and inserting 
     ``section 24, 32, 36C,''.
       (K) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``36C,'' after ``36B,''.
       (L) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 36B the following:

``Sec. 36C. Expenses for household and dependent care services 
              necessary for gainful employment.''.

       (M) The table of sections for subpart A of such part IV of 
     such Code is amended by striking the item relating to section 
     21.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2014.
                                 ______
                                 
  SA 3641. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. SMALL BUSINESS ACCESS TO CAPITAL.

       (a) Short Title.--This section may be cited as the ``Small 
     Business Access to Capital Act of 2014''.
       (b) New Tranches of Capital for Successful State 
     Programs.--Section 3003 of the Small Business Jobs Act of 
     2010 (12 U.S.C. 5702) is amended by adding at the end the 
     following:
       ``(d) Additional Allocation and Competitive Awards.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `eligible participating State' means a 
     participating State that has certified to the Secretary that 
     the State has expended, transferred, or obligated not less 
     than 80 percent of the second \1/3\ of the 2010 allocation 
     transferred to the State under subsection (c)(1)(A)(iii); and
       ``(B) the term `unused funds' means--
       ``(i) amounts made available to the Secretary under clause 
     (i)(II) or (ii)(II) of paragraph (2)(E); and
       ``(ii) amounts made available to the Secretary under 
     paragraph (4)(B)(ii).
       ``(2) Allocation for 2010 participating states.--
       ``(A) Allocation.--Of the amount made available under 
     paragraph (6)(D), the Secretary shall allocate a total of 
     $500,000,000 among eligible participating States in the same 
     ratio as funds were allocated under the 2010 allocation under 
     subsection (b)(1) among participating States.
       ``(B) Application.--An eligible participating State 
     desiring to receive funds allocated under this paragraph 
     shall submit an application--
       ``(i) not later than the later of--

       ``(I) June 30, 2015; or
       ``(II) the date that is 6 months after the date of 
     enactment of the Small Business Access to Capital Act of 
     2014; and

       ``(ii) in such manner and containing such information as 
     the Secretary may require.
       ``(C) Availability of allocated amount.--Notwithstanding 
     subsection (c)(1), after an eligible participating State 
     approved by the Secretary to receive an allocation under this 
     paragraph has certified to the Secretary that the eligible 
     participating State has expended, transferred, or obligated 
     not less than 80 percent of the last \1/3\ of the 2010 
     allocation to the eligible participating State, the Secretary 
     shall transfer to the eligible participating State the funds 
     allocated to the eligible participating State under this 
     paragraph.
       ``(D) Use of transferred funds.--An eligible participating 
     State may use funds transferred under this paragraph for any 
     purpose authorized under subparagraph (A) or (B) of 
     subsection (c)(3).
       ``(E) Termination of availability of amounts.--
       ``(i) In general.--If an eligible participating State has 
     not certified to the Secretary that the State has expended, 
     transferred, or obligated not less than 80 percent of the 
     last \1/3\ of the 2010 allocation as of the date that is 2 
     years after the date on which the Secretary approves the 
     eligible participating State to receive an allocation under 
     this paragraph, any amounts allocated to the eligible 
     participating State under this paragraph--

       ``(I) may not be transferred to the eligible participating 
     State under this paragraph; and
       ``(II) shall be available to the Secretary to make awards 
     under paragraph (4).

       ``(ii) Other amounts.--Effective on the date that is 2 
     years after the date of enactment of the Small Business 
     Access to Capital Act of 2014, any amounts allocated under 
     this paragraph to a participating State that, as of such 
     date, is not an eligible participating State or to an 
     eligible participating State that did not submit an 
     application under subparagraph (B) or was not approved by the 
     Secretary to receive an allocation under this paragraph--

       ``(I) may not be transferred to an eligible participating 
     State under this paragraph; and
       ``(II) shall be available to the Secretary to make awards 
     under paragraph (4).

       ``(3) Competitive funding.--
       ``(A) In general.--Of the amount made available under 
     paragraph (6)(D), the Secretary may award, on a competitive 
     basis, not more than a total of $1,000,000,000 to 
     participating States and consortiums of participating States 
     for use for any purpose authorized under subparagraph (A) or 
     (B) of subsection (c)(3).
       ``(B) Application.--
       ``(i) In general.--A participating State or consortium of 
     participating States desiring to receive an award under this 
     paragraph shall submit an application--

       ``(I) not later than the date established by the Secretary, 
     which shall be not later than the date that is 1 year after 
     the date of enactment of the Small Business Access to Capital 
     Act of 2014; and
       ``(II) in such manner and containing such information as 
     the Secretary may require.

       ``(ii) Number of applications.--A participating State may 
     submit not more than 1 application on behalf of the 
     participating State and not more than 1 application as part 
     of a consortium of participating States.
       ``(iii) States that did not participate.--A State that is 
     not a participating State may apply to the Secretary for 
     approval to be a participating State for purposes of this 
     paragraph and paragraph (4), in accordance with section 3004.
       ``(C) Factors.--In determining whether to make an award to 
     a participating State or consortium of participating States 
     under this paragraph, the Secretary shall consider--
       ``(i) how the participating State or consortium of 
     participating States plan to use amounts provided under the 
     award under the approved State program to--

       ``(I) leverage private sector capital;
       ``(II) create and retain jobs during the 2-year period 
     beginning on the date of the award;
       ``(III) serve businesses that have been incorporated or in 
     operation for not more than 5 years; and
       ``(IV) serve low-or-moderate-income communities;

       ``(ii) the extent to which the participating State or 
     consortium of participating States will establish or continue 
     a robust self-evaluation of the activities of the 
     participating State or consortium of participating States 
     using amounts made available under this title;
       ``(iii) the extent to which the participating State or 
     consortium of participating States will provide non-Federal 
     funds in excess of the amount required under subparagraph 
     (E); and
       ``(iv) the extent to which the participating State 
     expended, obligated, or transferred the 2010 allocation to 
     the State.
       ``(D) Award of funds.--
       ``(i) First tranche.--Notwithstanding subsection (c)(1), 
     and not later than 30 days after making an award under this 
     paragraph to a participating State or consortium of 
     participating States, the Secretary shall transfer 50 percent 
     of the amount of the award to the participating State or 
     consortium of participating States.
       ``(ii) Second tranche.--After a participating State or 
     consortium of participating States has certified to the 
     Secretary that the participating State or consortium of 
     participating States has expended, transferred, or obligated 
     not less than 80 percent of the amount transferred under 
     clause (i), the Secretary shall transfer to the participating 
     State or consortium of participating States the remaining 
     amount of the award.
       ``(E) State share.--The State share of the cost of the 
     activities, excluding administrative expenses, carried out 
     using an award under this paragraph shall be not less than 10 
     percent. The Secretary may determine what contributions by a 
     State qualify as part of the State share of the cost for 
     purposes of this subparagraph.
       ``(4) Award of unused funds.--
       ``(A) In general.--The Secretary may award, on a 
     competitive basis, unused funds to participating States for 
     use for any purpose authorized under subparagraph (A) or (B) 
     of subsection (c)(3).
       ``(B) Unused 2010 funds.--
       ``(i) In general.--The Secretary shall determine whether 
     any amounts allocated to a participating State under 
     subsection (b) shall be deemed no longer allocated and no 
     longer available if a participating State has not certified 
     to the Secretary that the State has expended, transferred, or 
     obligated 80 percent of the second \1/3\ of the 2010 
     allocation by December 31, 2016.
       ``(ii) Availability.--Effective on the date of the 
     determination under clause (i), any amounts identified in the 
     determination that were deemed no longer allocated and no 
     longer available to the participating State shall be 
     available to the Secretary to make awards under this 
     paragraph.

[[Page 13017]]

       ``(C) Application.--A participating State desiring to 
     receive an award under this paragraph shall submit an 
     application--
       ``(i) not later than 3 months after the date on which funds 
     are deemed no longer allocated and no longer available to any 
     participating State; and
       ``(ii) in such manner and containing such information as 
     the Secretary may require.
       ``(D) Factors.--In determining whether to make an award to 
     a participating State under this paragraph, the Secretary 
     shall consider the factors described in paragraph (3)(C).
       ``(E) Minimum amount.--The Secretary may not make an award 
     of less than $5,000,000 under this paragraph.
       ``(5) Extension of compliance and reporting.--
     Notwithstanding section 3007(d), a participating State that 
     receives funds under paragraph (2), (3), or (4) shall submit 
     quarterly and annual reports containing the information 
     described in section 3007 until the end of the 8-year period 
     beginning on the date of enactment of the Small Business 
     Access to Capital Act of 2014.
       ``(6) Administration and implementation.--
       ``(A) Administrative expenses for participating states.--A 
     participating State may use not more than 3 percent of the 
     amount made available to the participating State under 
     paragraph (2), (3), or (4) for administrative expenses 
     incurred by the participating State in implementing an 
     approved State program.
       ``(B) Contracting.--During the 1-year period beginning on 
     the date of enactment of the Small Business Access to Capital 
     Act of 2014, and notwithstanding any other provision of law 
     relating to public contracting, the Secretary may enter into 
     contracts to carry out this subsection.
       ``(C) Amounts not assistance.--Any amounts transferred to a 
     participating State under paragraph (2), (3), or (4) shall 
     not be considered assistance for purposes of subtitle V of 
     title 31, United States Code.
       ``(D) Appropriation.--There are appropriated to the 
     Secretary, out of any funds in the Treasury not otherwise 
     appropriated, $1,500,000,000 to carry out this subsection, 
     including to pay reasonable costs of administering the 
     programs under this subsection, to remain available until 
     expended.
       ``(E) Termination of secretary's program administration 
     functions.--The authorities and duties of the Secretary to 
     implement and administer the program under this subsection 
     shall terminate at the end of the 8-year period beginning on 
     the date of enactment of the Small Business Access to Capital 
     Act of 2014.''.
                                 ______
                                 
  SA 3642. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. EMPLOYEE PAYROLL TAX HOLIDAY FOR NEWLY HIRED 
                   VETERANS.

       (a) In General.--Subsection (d) of section 3111 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(d) Special Exemption for Eligible Veterans Hired During 
     Certain Calendar Quarters.--
       ``(1) In general.--Subsection (a) shall not apply to 50 
     percent of the wages paid by the employer with respect to 
     employment during the holiday period of any eligible veteran 
     for services performed--
       ``(A) in a trade or business of the employer, or
       ``(B) in the case of an employer exempt from tax under 
     section 501(a), in furtherance of the activities related to 
     the purpose or function constituting the basis of the 
     employer's exemption under such section.
       ``(2) Holiday period.--For purposes of this subsection, the 
     term `holiday period' means the period of 4 consecutive 
     calendar quarters beginning with the first day of the first 
     calendar quarter beginning after the date of the enactment of 
     the Bring Jobs Home Act.
       ``(3) Eligible veteran.--For purposes of this subsection--
       ``(A) In general.--The term `eligible veteran' means a 
     veteran who--
       ``(i) begins work for the employer during the holiday 
     period,
       ``(ii) was discharged or released from the Armed Forces of 
     the United States under conditions other than dishonorable, 
     and
       ``(iii) is not an individual described in section 51(i)(1) 
     (applied by substituting `employer' for `taxpayer' each place 
     it appears).
       ``(B) Veteran.--The term `veteran' means any individual 
     who--
       ``(i) has served on active duty (other than active duty for 
     training) in the Armed Forces of the United States for a 
     period of more than 180 days, or has been discharged or 
     released from active duty in the Armed Forces of the United 
     States for a service-connected disability (within the meaning 
     of section 101 of title 38, United States Code),
       ``(ii) has not served on extended active duty (as such term 
     is used in section 51(d)(3)(B)) in the Armed Forces of the 
     United States on any day during the 60-day period ending on 
     the hiring date, and
       ``(iii) provides to the employer a copy of the individual's 
     DD Form 214, Certificate of Release or Discharge from Active 
     Duty, that includes the nature and type of discharge.
       ``(4) Election.--An employer may elect not to have this 
     subsection apply. Such election shall be made in such manner 
     as the Secretary may require.
       ``(5) Coordination with work opportunity credit.--For 
     coordination with the work opportunity credit, see section 
     51(3)(D).''.
       (b) Coordination With Work Opportunity Credit.--
       (1) In general.--Paragraph (3) of section 51 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(D) Denial of credit for veterans subject to 50 percent 
     payroll tax holiday.--If section 3111(d)(1) (as amended by 
     the Bring Jobs Home Act) applies to any wages paid by an 
     employer, the term `qualified veteran' does not include any 
     individual who begins work for the employer during the 
     holiday period (as defined in section 3111(d)(2)) unless the 
     employer makes an election not to have section 3111(d) 
     apply.''.
       (2) Conforming amendment.--Subsection (c) of section 51 of 
     such Code is amended by striking paragraph (5).
                                 ______
                                 
  SA 3643. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 317. REPORT FOR ENERGY-REMOTE MILITARY INSTALLATIONS.

       (a) Report.--
       (1) Report required.--Not later than 270 days after the 
     date of the enactment of this Act, the Deputy Under Secretary 
     of Defense for Installations and Environment, in conjunction 
     with the assistant secretaries responsible for installations 
     and environment for the military services, shall submit to 
     the congressional defense committees a report detailing the 
     current cost and sources of energy at each military 
     installation in States with energy-remote military 
     installations, and viable and feasible options for achieving 
     energy efficiency and cost savings at those military 
     installations.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following elements:
       (A) A comprehensive, installation-specific assessment of 
     feasible and mission-appropriate energy initiatives 
     supporting energy production and consumption at energy-remote 
     military installations.
       (B) An assessment of current sources of energy in States 
     with energy-remote military installations and potential 
     future sources that are technologically feasible, cost-
     effective, and mission-appropriate.
       (C) A comprehensive implementation strategy to include 
     required investment for feasible energy efficiency options 
     determined to be the most beneficial and cost-effective, 
     where appropriate, and consistent with Department of Defense 
     priorities.
       (D) An explanation on how military services are working 
     collaboratively in order to leverage lessons learned on 
     potential energy efficiency solutions.
       (E) An assessment of State and local partnership 
     opportunities that could achieve efficiency and cost savings, 
     and any legislative authorities required to carry out such 
     partnerships or agreements.
       (3) Utilization of other efforts.--In preparing the report 
     required under paragraph (1), the Under Secretary shall take 
     into consideration completed and ongoing efforts by agencies 
     of the Federal Government to analyze and develop energy-
     efficient solutions in States with energy-remote military 
     installations, including the Department of Defense 
     information available in the Annual Energy Management Report.
       (4) Coordination with state and local and other entities.--
     In preparing the report required under paragraph (1), the 
     Under Secretary may work in conjunction and coordinate with 
     the States containing energy-remote military installations, 
     local communities, and other Federal departments and 
     agencies.
       (b) Definitions.--In this section, the term ``energy-remote 
     military installation'' means military installations in the 
     United States not connected to an extensive electrical energy 
     grid.
                                 ______
                                 
  SA 3644. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title III, add the following:

[[Page 13018]]



     SEC. 354. CLARIFICATION THAT DEPARTMENT OF DEFENSE EMPLOYEES 
                   PAID USING NONAPPROPRIATED FUNDS ARE SUBJECT TO 
                   THE SAME COST-COMPARISON REVIEW PROCEDURES AS 
                   OTHER DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

       Section 2461(a)(1) of title 10, United States Code, is 
     amended, in the matter preceding subparagraph (A)--
       (1) by inserting ``, including nonappropriated functions,'' 
     after ``No function''; and
       (2) by inserting ``, including civilian employees who 
     perform nonappropriated functions,'' after ``Department of 
     Defense civilian employees''.
                                 ______
                                 
  SA 3645. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. CREDIT FOR SHRIMP PRODUCTION AND EFFICIENCY 
                   IMPROVEMENTS.

       (a) Allowance of Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45S. CREDIT FOR SHRIMP PRODUCTION AND EFFICIENCY 
                   IMPROVEMENTS.

       ``(a) In General.--For purposes of section 38, in the case 
     of a shrimp harvester or shrimp processor, the shrimp 
     production and efficiency improvements credit determined 
     under this section for the taxable year shall be an amount 
     equal to $0.50 per pound of wild-caught shrimp lawfully 
     harvested or processed by the taxpayer during the taxable 
     year.
       ``(b) Definitions.--For purposes of this section
       ``(1) Shrimp harvester.--The term `shrimp harvester' means 
     any vessel with a valid commercial license issued by any 
     State or territory of the United States to harvest shrimp 
     from a wild fishery.
       ``(2) Shrimp processor.--The term `shrimp processor' means 
     any facility located within the United States with a valid 
     processing license for processing shrimp.
       ``(3) Pound.--The term `pound' means, with respect to wild-
     caught shrimp, the round (whole) weight by pound of the wild-
     caught shrimp, or if such shrimp is not in whole form, the 
     weight by pound of such shrimp equivalent to the round 
     (whole) weight of such shrimp, based on the conversion 
     factors used by the National Marine Fisheries Service. In the 
     case of a shrimp processor, the weight of wild-caught shrimp 
     shall be determined before processing operations are 
     undertaken.
       ``(4) Wild-caught shrimp.--The term `wild-caught shrimp' 
     means shrimp that qualifies as `wild fish' according to 
     section 281(9) of the Agricultural Marketing Act of 1946 ( 7 
     U.S.C. 1638(9)).
       ``(c) Termination.--This section shall not apply to wild-
     caught shrimp harvested or processed after December 31, 
     2019.''.
       (2) Credit to be part of general business credit.--
       (A) In general.--Subsection (b) of section 38 of such Code 
     is amended by striking ``plus'' at the end of paragraph (35), 
     by striking the period at the end of paragraph (36) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(37) the shrimp production and efficiency improvements 
     credit determined under section 45S(a).''.
       (B) Credit allowable against alternative minimum tax.--
     Subparagraph (B) of section 38(c)(4) of such Code is amended 
     by redesignating clauses (vii) through (ix) as clauses (viii) 
     through (x), respectively, and by inserting after clause (vi) 
     the following new clause:
       ``(vii) the credit determined under section 45S,''.
       (3) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45S. Credit for shrimp production and efficiency 
              improvements.''.

       (4) Effective date.--The amendments made by this subsection 
     shall apply to wild-caught shrimp (as defined in section 
     45S(b)(4) of the Internal Revenue Code of 1986, as added by 
     this section) harvested or processed after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.
       (b) Modification to Child Tax Credit Requiring Proof of 
     Citizenship or Residence.--
       (1) In general.--Subsection (e) of section 24 of the 
     Internal Revenue Code of 1986 is amended by adding ``and 
     includes with such return information (in such form and 
     manner as the Secretary prescribes) which establishes that 
     the qualifying child is a citizen, national, or resident of 
     the United States'' before the period at the end thereof.
       (2) Effective date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3646. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENT TO THE NATIONAL LABOR RELATIONS ACT.

       Section 9(b) of the National Labor Relations Act (29 U.S.C. 
     159(b)) is amended by striking the first sentence and 
     inserting the following: ``In each case, prior to an 
     election, the Board shall determine, in order to ensure to 
     employees the fullest freedom in exercising the rights 
     guaranteed by this Act, the unit appropriate for the purposes 
     of collective bargaining. Unless otherwise stated in this 
     Act, excluding acute health care facilities, the unit 
     appropriate for purposes of collective bargaining shall 
     consist of employees that share a sufficient community of 
     interest. In determining whether employees share a sufficient 
     community of interest, the Board shall consider (1) 
     similarity of wages, benefits, and working conditions; (2) 
     similarity of skills and training; (3) centrality of 
     management and common supervision; (4) extent of interchange 
     and frequency of contact between employees; (5) integration 
     of the work flow and interrelationship of the production 
     process; (6) the consistency of the unit with the employer's 
     organizational structure; (7) similarity of job functions and 
     work; and (8) the bargaining history in the particular unit 
     and the industry. To avoid the proliferation or fragmentation 
     of bargaining units, employees shall not be excluded from the 
     unit unless the interests of the group sought are 
     sufficiently distinct from those of other employees to 
     warrant the establishment of a separate unit. Whether 
     additional employees should be included in a proposed unit 
     shall be based on whether such additional employees and 
     proposed unit members share a sufficient community of 
     interest, with the exception of proposed accretions to an 
     existing unit, in which the inclusion of additional employees 
     shall be based on whether such additional employees and 
     existing unit members share an overwhelming community of 
     interest and the additional employees have little or no 
     separate identity.''.
                                 ______
                                 
  SA 3647. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. EQUAL ACCESS TO DECLARATORY JUDGMENTS FOR 
                   ORGANIZATIONS SEEKING TAX-EXEMPT STATUS.

       (a) In General.--Subparagraph (A) of section 7428(a)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(A) with respect to the initial qualification or 
     continuing qualification of an organization as an 
     organization described in section 501(c) or 501(d) which is 
     exempt from tax under section 501(a) or as an organization 
     described in section 170(c)(2),''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to pleadings filed after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3648. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. NOTICE REQUIRED BEFORE REVOCATION OF TAX EXEMPT 
                   STATUE FOR FAILURE TO FILE RETURN.

       (a) In General.--Section 6033(j) of the Internal Revenue 
     Code of 1986 is amended by redesignating paragraphs (2) and 
     (3) as paragraphs (3) and (4), respectively, and by inserting 
     after paragraph (1) the following new paragraph:
       ``(2) Requirement of notice.--
       ``(A) In general.--Not later than 300 days after the date 
     an organization described in paragraph (1) fails to file the 
     annual return or notice referenced in paragraph (1) for 2 
     consecutive years, the Secretary shall notify the 
     organization--
       ``(i) that the Internal Revenue Service has no record of 
     such a return or notice from such organization for 2 
     consecutive years, and
       ``(ii) about the penalty that will occur under this 
     subsection if the organization fails to file such a return or 
     notice by the date of the next filing deadline.

     The notification under the preceding sentence shall include 
     information about how to comply with the filing requirements 
     under subsection (a)(1) and (i).''.
       (b) Reinstatement Without Application.--Paragraph (3) of 
     section 6033(j) of such Code, as redesignated under 
     subsection (a), is amended--
       (1) by striking ``Any organization'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     any organization'', and
       (2) by adding at the end the following new subparagraph:

[[Page 13019]]

       ``(B) Retroactive reinstatement without application if 
     actual notice not provided.--If an organization described in 
     paragraph (1)--
       ``(i) demonstrates to the satisfaction of the Secretary 
     that the organization did not receive the notice required 
     under paragraph (2), and
       ``(ii) files an annual return or notice referenced in 
     paragraph (1) for the current year,

     then the Secretary may reinstate the organization's exempt 
     status effective from the date of the revocation under 
     paragraph (1) without the need for an application.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to notices and returns required to be filed after 
     December 31, 2014.
                                 ______
                                 
  SA 3649. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING COMPREHENSIVE TAX 
                   REFORM.

       It is the sense of the Senate that Congress should enact 
     comprehensive pro-growth tax reform that lowers corporate and 
     individual tax rates and modernizes the international tax 
     system of the United States in order to promote American jobs 
     and competitiveness and help families be more financially 
     secure.
                                 ______
                                 
  SA 3650. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. SOUND REGULATION ACT.

       (a) Short Title.--This section may be cited as the ``Sound 
     Regulation Act of 2014''.
       (b) Findings.--Congress finds the following:
       (1) Growing Federal regulation that is highly prescriptive 
     in nature burdens and impairs the international 
     competitiveness of industry in the United States.
       (2) Prescriptive regulation takes away flexibility, is 
     adversarial in nature, leads to unintended consequences, and, 
     especially as it proliferates, slows economic growth and job 
     creation.
       (3) Despite evidence of increasing regulatory costs, 
     Federal agencies hold fast to the presumption that their 
     rules are in the public interest.
       (4) Some statutes prohibit agencies from considering costs 
     and benefits in rulemaking, although no statutes prohibit 
     agencies from analyzing the costs and benefits of rules for 
     informative purposes.
       (5)(A) Cost-benefit analysis is not institutionalized for 
     independent regulatory agencies.
       (B) Executive agencies perform cost-benefit analysis 
     pursuant to Executive order and under the purview of the 
     Office of Information and Regulatory Affairs (commonly 
     referred to as ``OIRA''), which takes direction from the 
     President.
       (C) Peer review is not required for cost-benefit analysis 
     by independent regulatory agencies or executive agencies.
       (6) There are no--
       (A) statutory standards for cost-benefit analysis in 
     Federal rulemaking; or
       (B) consistent, material consequences when rules are based 
     on faulty or inadequate analysis.
       (7) Agencies--
       (A) conduct their own regulatory impact analysis--
       (i) largely by methods of their own choosing; and
       (ii) only on a small fraction of the rules they issue; and
       (B) use regulatory cost-benefit analysis mainly in support 
     of favored, preconceived rules rather than as a decision 
     tool.
       (8) Common deficiencies in the regulatory analysis used by 
     agencies include--
       (A) lack of a coherent theory by which to--
       (i) define a problem;
       (ii) determine why the problem occurs; and
       (iii) guide the agency to the most efficient response;
       (B) lack of objective evidence that an actionable problem 
     actually exists, what its dimensions are, and how they differ 
     from acceptable norms;
       (C) lack of comprehensive analysis to--
       (i) determine whether a market malfunction exists; and
       (ii) orient rulemaking to the causes, not the symptoms, of 
     the market malfunction;
       (D) failure to set clear and realistic objectives whose 
     benefits justify the cost of achieving the objectives;
       (E) objectives that--
       (i) are disconnected from costs; and
       (ii) may be expansive and vague so that any regulation can 
     be made to appear beneficial;
       (F) agencies increasingly claiming--
       (i) incidental benefits (also know as ``co-benefits'') that 
     are not in furtherance of the stated objective; and
       (ii) even private, as opposed to public, benefits for 
     rules;
       (G) failure to--
       (i) develop regulatory options in light of market analysis; 
     and
       (ii) rank regulatory options by how efficiently they will 
     improve the market process;
       (H) inconsistent assumptions and methodologies across 
     agencies;
       (I) invalid baselines for gauging regulatory effects;
       (J) the omission of important impacts, such as the impact 
     on employment and on the international competitiveness of 
     United States firms;
       (K) failure to reevaluate regulations after implementation; 
     and
       (L) failure to consider the cumulative costs of regulation 
     by the various Federal, State, local, and tribal agencies.
       (9)(A) Despite continually changing market conditions, 
     agencies do not--
       (i) regularly review their existing regulations and 
     regulatory regimes; or
       (ii) review the division of functions--
       (I) among different Federal agencies; or
       (II) among Federal, State, local, and tribal agencies.
       (B) Regulations lose their purpose, yet linger and 
     accumulate, imposing unnecessary costs and slowing economic 
     growth to the detriment of--
       (i) material living standards; and,
       (ii) to some extent, the very social conditions that are 
     the objects of regulation.
       (10)(A) Agencies typically do not--
       (i) proactively conduct regulatory cost studies; and
       (ii) report to Congress on unnecessary costs that are not 
     under the control of the agencies because of the way laws are 
     written.
       (B) Agency recommendations on how to improve the efficiency 
     of regulation by modifying an existing statute could be 
     helpful to Congress.
       (c) Uniform Use of Cost-benefit Analysis.--Section 553 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(f)(1) Before an agency publishes or otherwise provides 
     notice of a notice of proposed rulemaking under this section, 
     the agency shall comply with the following requirements with 
     respect to the proposed rule:
       ``(A) The agency shall identify, in the context of a 
     coherent conceptual framework and supported with objective 
     data--
       ``(i) the nature and significance of the market failure, 
     regulatory failure, or other problem that necessitates 
     regulatory action;
       ``(ii) the reasons why national economic and income growth, 
     advancing technology, and other market developments will not 
     obviate the need for the rulemaking;
       ``(iii) the reasons why regulation at the State, local, or 
     tribal level could not address the problem better than at the 
     Federal level;
       ``(iv) the reasons why reducing rather than increasing the 
     extent or stringency of existing Federal regulation would not 
     address the problem better; and
       ``(v) the particular authority under which the agency may 
     take action.
       ``(B) Before the agency increases the extent or stringency 
     of regulation based on its determinations pursuant to 
     subparagraph (A), the agency shall--
       ``(i) set an achievable objective for its regulatory action 
     and identify the metrics by which the agency will measure 
     progress toward the objective;
       ``(ii) issue a notice of inquiry seeking public comment on 
     the identification of a new objective under clause (i); and
       ``(iii) give notice to the committees of Congress with 
     jurisdiction over the subject matter of the rule.
       ``(C) If the agency is not seeking to repeal a rule, the 
     agency shall develop not less than 3 distinct regulatory 
     options, in addition to not regulating, that the agency 
     estimates will provide the greatest benefits for the least 
     cost in meeting the regulatory objective set under 
     subparagraph (B) and, in developing such regulatory options, 
     shall apply the following principles:
       ``(i) The agency shall, to the extent practicable--
       ``(I) attempt to engage private incentives to solve a 
     problem; and
       ``(II) not supplant private incentives any more than 
     necessary.
       ``(ii) The agency shall consider the adverse effects that 
     mandates and prohibitions may have on innovation, economic 
     growth, and employment.
       ``(iii)(I) The agency's risk assessment shall be confined 
     to the jurisdiction of the agency, subject to specific 
     regulatory authority.
       ``(II) Agency assessments of the risks of adverse health 
     and environmental effects shall follow standardized 
     parameters, assumptions, and methodologies.
       ``(III) The agency shall provide analyses of increases in 
     risks, whatever their nature, produced by the regulatory 
     options under consideration.
       ``(iv) The agency shall avoid incongruities and duplication 
     in regulation at the Federal, State, local, and tribal 
     levels.
       ``(v) The agency shall compare and contrast the regulatory 
     options developed and explain how each would meet the 
     regulatory objective set pursuant to subparagraph (B).

[[Page 13020]]

       ``(D) The agency shall estimate the costs and benefits of 
     each regulatory option developed, notwithstanding any 
     provision of law that prohibits the agency from using costs 
     in rulemaking, at least to the extent that the agency is able 
     to--
       ``(i) exclude options whose costs exceed their benefits;
       ``(ii) rank the options by cost from lowest to highest;
       ``(iii) estimate the monetary cost of any adverse effects 
     on private property rights, identify the categories of 
     persons who experience a net loss from a regulatory option, 
     and explain why the negative effects cannot be lessened or 
     avoided;
       ``(iv) establish whether the cost of an option exceeds 
     $50,000,000 for any 12-month period, except that the dollar 
     amount shall be adjusted annually for inflation based on the 
     GDP deflator, and the President may order that a lower dollar 
     amount be used for a particular period;
       ``(v) identify the key uncertainties and assumptions that 
     drive the results of the analysis under clause (iv); and
       ``(vi) provide an analysis of how the ranking of the 
     options and the threshold determination under clause (iv) may 
     change if key assumptions are changed.
       ``(E) The estimates pursuant to subparagraph (D) shall--
       ``(i) follow the methodology established pursuant to 
     paragraph (2)(A);
       ``(ii) to the maximum extent practicable, comply with any 
     guidelines issued by the Administrator of the Office of 
     Information and Regulatory Affairs pertaining to cost-benefit 
     analysis; and
       ``(iii) include, at a minimum--
       ``(I) agency administrative costs;
       ``(II) United States private sector compliance costs;
       ``(III) Federal, State, local, and tribal compliance costs;
       ``(IV) Federal, State, local, and tribal revenue impacts;
       ``(V) impacts from the regulatory options developed on 
     United States industries in the role of suppliers and 
     consumers to each industry substantially affected, especially 
     in terms of employment, costs, volume and quality of output, 
     and prices;
       ``(VI) nationwide impacts on overall economic output, 
     productivity, and consumer and producer prices;
       ``(VII) international competitiveness of United States 
     companies; and
       ``(VIII) distortions in incentives and markets, including 
     an estimate of the resulting loss to the United States 
     economy.
       ``(F) The agency shall--
       ``(i) publish for public comment all analyses, 
     documentation, and data under subparagraphs (A) through (D) 
     for a public comment period of not less than 30 days (subject 
     to applicable limitations under law, including laws 
     protecting privacy, trade secrets, and intellectual 
     property); and
       ``(ii) correct deficiencies or omissions that the agency 
     becomes aware of before choosing a rule to propose.
       ``(2)(A)(i) Beginning not later than the date that is 180 
     days after the date of enactment of the Sound Regulation Act 
     of 2014, each agency shall, by rule--
       ``(I) establish and maintain a specific cost-benefit 
     analysis methodology appropriate to the functions and 
     responsibilities of the agency; and
       ``(II) establish an appropriate period for review of new 
     rules to assess the cost effectiveness of each such new rule 
     at achieving the objective that the new rule was intended to 
     address, as identified under paragraph (1)(B)(i).
       ``(ii) The methodology established by an agency under 
     clause (i) shall--
       ``(I) include the standardized parameters, assumptions, and 
     methodologies for agency assessments of risk under paragraph 
     (1)(C)(iii);
       ``(II) comply, to the maximum extent practicable, with 
     technical standards for methodologies and assumptions issued 
     by the Administrator for the Office of Information and 
     Regulatory Affairs;
       ``(III) include the scope of benefits and costs consistent 
     with the framework used and the metrics identified in the 
     establishment of the regulatory objective under paragraph 
     (1);
       ``(IV) not include consideration of incidental benefits but 
     only those benefits that were considered in the establishment 
     of the regulatory objective under paragraph (1);
       ``(V) limit consideration of costs and benefits to costs 
     and benefits that accrue to the population of the United 
     States;
       ``(VI) constrain the agency from presuming that continued 
     augmentation or tightening of mandates and additional 
     prohibitions cause benefits and costs to change linearly but 
     instead determine at what point benefits will rise less than, 
     and costs will rise more than, proportionally;
       ``(VII) include comparison of incremental benefits to 
     incremental costs from any action the agency considers taking 
     and refrain from actions whose incremental benefits do not 
     exceed their incremental costs; and
       ``(VIII) include analysis of effects on private incentives 
     and possible unintended consequences.
       ``(iii) Each agency shall adhere to the methodology 
     established by the agency under this subparagraph in all 
     rulemakings.
       ``(B) If an agency does not select the least-cost 
     regulatory option as its proposed rule, the agency shall 
     justify its selection, explaining--
       ``(i) how that selection furthers other goals or 
     requirements relevant to regulating matters within the 
     jurisdiction of the agency and why these should override cost 
     savings; and
       ``(ii) why each of the other regulatory options not chosen 
     would not sufficiently further such other goals or 
     requirements.
       ``(C) Any person may petition an agency to amend an 
     existing rule made prior to the establishment of methodology 
     under this paragraph, and, if the agency denies such a 
     petition, that denial shall be subject to review under 
     chapter 7 of this title.
       ``(3) If an agency makes a determination under paragraph 
     (1)(D) that the monetized cost of a rule exceeds the 
     applicable monetary limit under clause (iv) of such paragraph 
     for any 12-month period--
       ``(A) the head of the agency shall--
       ``(i) first issue an advanced notice of proposed 
     rulemaking;
       ``(ii) provide notice to the appropriate Congressional 
     committees; and
       ``(iii) keep the committees described in clause (ii) 
     informed of the status of the rulemaking;
       ``(B) the agency shall--
       ``(i) notify--
       ``(I) the Administrator of the Small Business 
     Administration (referred to in this paragraph as the 
     `Administrator');
       ``(II) the Director of the Office of Management and Budget 
     (referred to in this paragraph as the `Director'); and
       ``(III) affected parties; and
       ``(ii) provide each person described in clause (i) with 
     information on--
       ``(I) the potential effects of the proposed rule on 
     affected parties; and
       ``(II) the type of affected parties that might be affected;
       ``(C) not later than 15 days after the date of receipt of 
     the information described in subparagraph (B)(ii), the 
     Director, in consultation with the Administrator, shall--
       ``(i) identify representatives of affected parties, not 
     less than 25 percent of which shall, when possible, represent 
     small business concerns (as such term is defined in section 
     3(a) of the Small Business Act (15 U.S.C. 623(a)); and
       ``(ii) provide each major stakeholder with the opportunity 
     to obtain advice and recommendations about the potential 
     effects of the proposed rule;
       ``(D) the agency shall convene a review panel that consists 
     wholly of--
       ``(i) full-time Federal officers, employees, and 
     contractors in the agency;
       ``(ii) the Director;
       ``(iii) the Administrator; and
       ``(iv) the representatives of affected parties identified 
     under subparagraph (C)(i);
       ``(E) the agency shall--
       ``(i) conduct a detailed analysis of the costs and benefits 
     of the regulatory option that the agency is advancing; and
       ``(ii) in conducting the detailed analysis under clause 
     (i)--
       ``(I) consider the cumulative and interactive costs of 
     regulatory requirements of Federal, State, local, tribal, 
     and, where applicable, international regulations;
       ``(II) identify the key uncertainties and assumptions that 
     drive the results of the analysis; and
       ``(III) provide an analysis of how the ranking of the 
     regulatory options changes if the key assumptions identified 
     under subclause (II) are changed;
       ``(F) the review panel convened under subparagraph (D) 
     shall review--
       ``(i) all agency material prepared in connection with this 
     subsection, including any draft proposed rule; and
       ``(ii) the advice and recommendations of each 
     representative of an affected party identified under 
     subparagraph (C)(i);
       ``(G) not later than 60 days after the date on which the 
     agency convenes the review panel under subparagraph (D)--
       ``(i) the review panel shall report on--
       ``(I) the comments of each representative of an affected 
     party identified under subparagraph (C)(i); and
       ``(II) the findings of the review panel as to issues 
     related to the provisions of this subsection; and
       ``(ii) the report under clause (i) shall be made public as 
     part of the rulemaking record;
       ``(H) if appropriate, the agency shall modify the proposed 
     rule or the cost-benefit analysis under subparagraph (E) 
     based on the report under subparagraph (G);
       ``(I) subject to applicable limitations under law, 
     including laws protecting privacy, trade secrets, and 
     intellectual property, the agency shall--
       ``(i) publish for comment all analyses, documentation, and 
     data under this subsection for a public comment period of not 
     less than 30 days; and
       ``(ii) correct deficiencies or omissions that the agency 
     becomes aware of before adopting a proposed rule; and
       ``(J) the agency shall ensure that affected parties, 
     including State, local, or tribal governments, and other 
     stakeholders, may participate in the rulemaking, by means 
     such as--

[[Page 13021]]

       ``(i) the publication of advanced and general notices of 
     proposed rulemaking in publications likely to be obtained by 
     affected parties;
       ``(ii) the direct notification of interested affected 
     parties;
       ``(iii) the conduct of open conferences or public hearings, 
     including soliciting and receiving comments over computer 
     networks; and
       ``(iv) reducing the cost or complexity of procedural rules 
     to ease participation in the rulemaking.
       ``(4) Every 4 years, each agency shall--
       ``(A) conduct a review of all rules of the agency that are 
     in effect; and
       ``(B) determine based on objective data whether the rules 
     are--
       ``(i) working as intended;
       ``(ii) furthering their objectives;
       ``(iii) imposing unanticipated costs; or
       ``(iv) generating a net benefit or not;
       ``(C) amend the rules if appropriate; and
       ``(D) report to Congress the findings of the review 
     conducted under this paragraph.
       ``(5) Notwithstanding any other provision of law, including 
     any provision of law that explicitly prohibits the use of 
     cost-benefit analysis in rulemaking, an agency shall conduct 
     cost-benefit analyses and report to Congress the findings 
     with specific recommendations for how to lower regulatory 
     costs by amending the statutes prohibiting the use thereof.
       ``(6) For purposes of this subsection--
       ``(A) the term `regulatory options' means any action an 
     agency may take to address an objective identified under 
     paragraph (1)(B)(i), including the option not to act;
       ``(B) the term `private incentives'--
       ``(i) means financial gains or losses that motivate actions 
     by private individuals and businesses; and
       ``(ii) does not include any law or regulation that 
     prescribes private actions or outcomes; and
       ``(C) the term `incidental benefit' means a claimed benefit 
     outside the specific regulatory objective or objectives that 
     a rule is intended to address, as identified under paragraph 
     (1)(B)(i).
       ``(7) All determinations made under this subsection shall 
     be subject to review under chapter 7.''.
       (d) Congressional Review.--Section 801(a)(2) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(C) The Comptroller General shall--
       ``(i) examine the cost-benefit analysis for compliance with 
     the requirements of section 553(f), including the agency 
     methodology established under section 553(f)(2)(A);
       ``(ii) examine any risk analysis under section 
     553(f)(1)(C)(iii) pertaining to the cost-benefit analysis for 
     compliance with the requirements under section 553(f); and
       ``(iii)(I) examine the agencies' quadrennial regulatory 
     reviews conducted under section 553(f)(4) for consistency 
     with the requirements under section 553(f); and
       ``(II) report to Congress on the results of the examination 
     under subclause (I).''.
                                 ______
                                 
  SA 3651. Mr. KIRK (for himself and Mr. Coons) submitted an amendment 
intended to be proposed by him to the bill S. 2569, to provide an 
incentive for businesses to bring jobs back to America; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 4. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC 
                   PLAN.

       Section 102 of the America COMPETES Reauthorization Act of 
     2010 (42 U.S.C. 6622) is amended--
       (1) in subsection (b), by striking paragraph (7) and 
     inserting the following:
       ``(7) develop and update a national manufacturing 
     competitiveness strategic plan in accordance with subsection 
     (c).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) National Manufacturing Competitiveness Strategic 
     Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the Bring Jobs Home Act, the President shall 
     submit to Congress, and publish on an Internet website that 
     is accessible to the public, the strategic plan developed 
     under paragraph (2).
       ``(2) Development.--The Committee shall develop (and update 
     as required under paragraph (8)), in coordination with the 
     National Economic Council, a strategic plan to improve 
     Government coordination and provide long-term guidance for 
     Federal programs and activities in support of United States 
     manufacturing competitiveness, including advanced 
     manufacturing research and development.
       ``(3) Committee chairperson.--In developing and updating 
     the strategic plan, the Secretary of Commerce, or a designee 
     of the Secretary, shall serve as the chairperson of the 
     Committee.
       ``(4) Goals.--The goals of such strategic plan shall be 
     to--
       ``(A) promote growth, job creation, sustainability, and 
     competitiveness in the United States manufacturing sector;
       ``(B) support the development of a skilled manufacturing 
     workforce;
       ``(C) enable innovation and investment in domestic 
     manufacturing; and
       ``(D) support national security.
       ``(5) Contents.--Such strategic plan shall--
       ``(A) specify and prioritize near-term and long-term 
     objectives to meet the goals of the plan, including research 
     and development objectives, the anticipated timeframe for 
     achieving the objectives, and the metrics for use in 
     assessing progress toward the objectives;
       ``(B) describe the progress made in achieving the 
     objectives from prior strategic plans, including a discussion 
     of why specific objectives were not met;
       ``(C) specify the role, including the programs and 
     activities, of each relevant Federal agency in meeting the 
     objectives of the strategic plan;
       ``(D) describe how the Federal agencies and federally 
     funded research and development centers supporting advanced 
     manufacturing research and development will foster the 
     transfer of research and development results into new 
     manufacturing technologies and United States based 
     manufacturing of new products and processes for the benefit 
     of society to ensure national, energy, and economic security;
       ``(E) describe how such Federal agencies and centers will 
     strengthen all levels of manufacturing education and training 
     programs to ensure an adequate, well-trained workforce;
       ``(F) describe how such Federal agencies and centers will 
     assist small- and medium-sized manufacturers in developing 
     and implementing new products and processes;
       ``(G) take into consideration and include a discussion of 
     the analysis conducted under paragraph (6); and
       ``(H) solicit public input (which may be accomplished 
     through the establishment of an advisory panel under 
     paragraph (7)), including the views of a wide range of 
     stakeholders, and consider relevant recommendations of 
     Federal advisory committees.
       ``(6) Preliminary analysis.--
       ``(A) In general.--As part of developing such strategic 
     plan, the Committee, in collaboration with Federal 
     departments and agencies whose missions contribute to or are 
     affected by manufacturing, shall conduct an analysis of 
     factors that impact the competitiveness and growth of the 
     United States manufacturing sector, including--
       ``(i) research, development, innovation, transfer of 
     technologies to the marketplace, and commercialization 
     activities in the United States;
       ``(ii) the adequacy of the industrial base for maintaining 
     national security;
       ``(iii) the state and capabilities of the domestic 
     manufacturing workforce;
       ``(iv) export opportunities and domestic trade enforcement 
     policies;
       ``(v) financing, investment, and taxation policies and 
     practices;
       ``(vi) the state of emerging technologies and markets; and
       ``(vii) efforts and policies related to manufacturing 
     promotion undertaken by competing nations.
       ``(B) Reliance on existing information.--To the extent 
     practicable, in completing the analysis under subparagraph 
     (A), the Committee shall use existing information and the 
     results of previous studies and reports.
       ``(7) Advisory panel.--
       ``(A) Establishment.--The chairperson of the Committee may 
     appoint an advisory panel of private sector and nonprofit 
     leaders to provide input, perspective, and recommendations to 
     assist in the development of the strategic plan under this 
     subsection.
       ``(B) Membership.--The panel shall have no more than 15 
     members, and shall include representatives of manufacturing 
     businesses, labor representatives of the manufacturing 
     workforce, academia, and groups representing interests 
     affected by manufacturing activities.
       ``(C) Application of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.), other than 
     section 14 of such Act, shall apply to the Advisory Panel.
       ``(8) Updates.--Not later than May 1, 2018, and not less 
     frequently than once every 4 years thereafter, the President 
     shall submit to Congress, and publish on an Internet website 
     that is accessible to the public, an update of the strategic 
     plan transmitted under paragraph (1). Such updates shall be 
     developed in accordance with the procedures set forth under 
     this subsection.
       ``(9) Requirement to consider strategy in the budget.--In 
     preparing the budget for a fiscal year under section 1105(a) 
     of title 31, United States Code, the President shall include 
     information regarding the consistency of the budget with the 
     goals and recommendations included in the strategic plan 
     developed under this subsection applying to that fiscal 
     year.''.
                                 ______
                                 
  SA 3652. Mr. KIRK (for himself, Ms. Ayotte, Mr. Cornyn, Mr. Isakson, 
Mr. Roberts, Mr. Heller, Mr. Hoeven, and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

[[Page 13022]]



     SEC. 4. CERTIFICATION REQUIRED FOR EXERCISE OF CERTAIN 
                   WAIVERS OF PROVISIONS OF LAW IMPOSING SANCTIONS 
                   WITH RESPECT TO IRAN.

       (a) In General.--On and after the date of the enactment of 
     this Act, the President may not exercise a waiver specified 
     in subsection (b) in connection with the extension of the 
     terms of the Joint Plan of Action beyond July 20, 2014, 
     unless the President certifies to Congress before the waiver 
     takes effect and every 60 days thereafter that any funds made 
     available to the Government of Iran as a result of the waiver 
     will not facilitate the ability of that Government--
       (1) to provide support for--
       (A) any individual or entity designated for the imposition 
     of sanctions for activities relating to international 
     terrorism pursuant to an Executive order or by the Office of 
     Foreign Assets Control of the Department of the Treasury 
     before July 22, 2014;
       (B) any organization designated by the Secretary of State 
     as a foreign terrorist organization under section 219(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1189(a)) before 
     July 22, 2014; or
       (C) any other terrorist organization, including Hamas, 
     Hezbollah, Palestinian Islamic Jihad, and the regime of 
     Bashar al-Assad in Syria;
       (2) to advance the efforts of Iran or any other country to 
     develop nuclear weapons or ballistic missiles overtly or 
     covertly; or
       (3) to commit any violation of the human rights of the 
     people of Iran.
       (b) Waivers Specified.--A waiver specified in this 
     subsection is any of the following:
       (1) A waiver provided for under section 4(c) or 9(c) of the 
     Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 
     1701 note) to the imposition of sanctions under section 
     5(a)(7) of that Act.
       (2) A waiver provided for under paragraph (5) of section 
     1245(d) of the National Defense Authorization Act for Fiscal 
     Year 2012 (22 U.S.C. 8513a(d)) to the imposition of sanctions 
     under paragraph (1) of that section.
       (3) A waiver provided for under subsection (e) of section 
     302 of the Iran Threat Reduction and Syria Human Rights Act 
     of 2012 (22 U.S.C. 8742) to the identification of foreign 
     persons under subsection (a) of that section.
       (4) A waiver provided for under subsection (i) of section 
     1244 of the Iran Freedom and Counter-Proliferation Act of 
     2012 (22 U.S.C. 8803) to the imposition of sanctions under 
     subsection (c) of that section.
       (c) Joint Plan of Action Defined.--In this section, the 
     term ``Joint Plan of Action'' means the Joint Plan of Action, 
     signed at Geneva November 24, 2013, by Iran and by France, 
     Germany, the Russian Federation, the People's Republic of 
     China, the United Kingdom, and the United States.
                                 ______
                                 
  SA 3653. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. ___. NATIONAL PARK ACCESS.

       (a) Findings.--Congress finds that--
       (1) during the period in October 2013 in which there was a 
     lapse in appropriations (referred to in this subsection as 
     the ``Government shutdown''), the National Park Service 
     entered into agreements with the States of Arizona, Colorado, 
     New York, South Dakota, Tennessee, and Utah to temporarily 
     reopen iconic national treasures in the National Park System, 
     such as the Grand Canyon, Mount Rushmore, and the Statue of 
     Liberty;
       (2) pursuant to the agreements described in paragraph (1), 
     the States listed in paragraph (1) advanced approximately 
     $2,000,000 to the National Park Service to pay for park 
     operations during the Government shutdown;
       (3) the units of the National Park System that were 
     temporarily reopened using State funds also collected gate 
     entry fees;
       (4) the Government shutdown ended when Congress passed the 
     Continuing Appropriations Act, 2014 (Public Law 113-46), 
     which retroactively funded Federal agencies and Federal 
     employee salaries for the period of time during which the 
     Government was shut down;
       (5) by virtue of the retroactive appropriation made by 
     Congress, the National Park Service retained an unintended 
     shutdown windfall from the States listed in paragraph (1) of 
     approximately $2,000,000; and
       (6) the States listed in paragraph (1) that entered into 
     agreements described in paragraph (1) with the National Park 
     Service should be fully reimbursed for advancing funds to 
     maintain public access to iconic national treasures in the 
     National Park System during the Government shutdown.
       (b) Refund of Funds Used by States to Operate National 
     Parks During Shutdown.--
       (1) In general.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (2) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this subsection.
                                 ______
                                 
  SA 3654. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. ____. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE.

       (a) Findings.--Congress finds that--
       (1) public land in the United States is managed and 
     administered for the use and enjoyment of present and future 
     generations;
       (2) the National Park System (including National Parks, 
     National Monuments, and National Recreation Areas) is managed 
     for the benefit and inspiration of all the people of the 
     United States;
       (3) the National Wildlife Refuge System is administered for 
     the benefit of present and future generations of people in 
     the United States, with priority consideration for compatible 
     wildlife-dependent general public uses of the National 
     Wildlife Refuge System;
       (4) the National Forest System is dedicated to the long-
     term benefit of present and future generations; and
       (5) the reopening and temporary operation and management of 
     public land, the National Park System, the National Wildlife 
     Refuge System, and the National Forest System using funds 
     from States and political subdivisions of States during 
     periods in which the Federal Government is unable to operate 
     and manage the areas at normal levels due to a lapse in 
     appropriations is consistent with the values and purposes for 
     which those areas were established.
       (b) Definitions.--In this section:
       (1) Covered unit.--The term ``covered unit'' means--
       (A) public land;
       (B) units of the National Park System;
       (C) units of the National Wildlife Refuge System; or
       (D) units of the National Forest System.
       (2) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (3) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Secretary of the Interior; or
       (B) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Secretary of Agriculture.
       (c) Agreement to Keep Public Land Open During a Government 
     Shutdown.--
       (1) In general.--Subject to paragraph (2), if a State or 
     political subdivision of the State offers, the Secretary 
     shall enter into an agreement with the State or political 
     subdivision of the State under which the United States may 
     accept funds from the State or political subdivision of the 
     State to reopen, in whole or in part, any covered unit within 
     the State or political subdivision of the State during any 
     period in which there is a lapse in appropriations for the 
     covered unit.
       (2) Applicability.--The authority under paragraph (1) shall 
     only be in effect during any period in which the Secretary is 
     unable to operate and manage covered units at normal levels, 
     as determined in accordance with the terms of agreement 
     entered into under paragraph (1).
       (3) Refund.--The Secretary shall refund to the State or 
     political subdivision of the State all amounts provided to 
     the United States under an agreement entered into under 
     paragraph (1)--
       (A) on the date of enactment of an Act retroactively 
     appropriating amounts sufficient to maintain normal operating 
     levels at the covered unit reopened under an agreement 
     entered into under paragraph (1); or
       (B) on the date on which the State or political subdivision 
     establishes, in accordance with the terms of the agreement, 
     that, during the period in which the agreement was in effect, 
     fees for entrance to, or use of, the covered units were 
     collected by the Secretary.
       (4) Voluntary reimbursement.--If the requirements for a 
     refund under paragraph (3) are not met, the Secretary may, 
     subject to the availability of appropriations, reimburse the 
     State and political subdivision of the State for any amounts 
     provided to the United States by the State or political 
     subdivision under an agreement entered into under paragraph 
     (1).
                                 ______
                                 
  SA 3655. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES 
                   PRODUCING ENERGY FROM CERTAIN RENEWABLE 
                   RESOURCES.

       (a) In General.--The following provisions of section 45(d) 
     of the Internal Revenue Code of 1986 are each amended by 
     striking ``January 1, 2014'' each place it appears and 
     inserting ``January 1, 2016'':
       (1) Paragraph (1).
       (2) Paragraph (2)(A).

[[Page 13023]]

       (3) Paragraph (3)(A).
       (4) Paragraph (4)(B).
       (5) Paragraph (6).
       (6) Paragraph (7).
       (7) Paragraph (9).
       (8) Paragraph (11)(B).
       (b) Extension of Election to Treat Qualified Facilities as 
     Energy Property.--Clause (ii) of section 48(a)(5)(C) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2014'' and inserting ``January 1, 2016''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on January 1, 2014.
                                 ______
                                 
  SA 3656. Mr. HATCH (for himself, Mr. Alexander, Ms. Ayotte, Mr. 
Barrasso, Mr. Blunt, Mr. Burr, Mr. Coats, Mr. Coburn, Ms. Collins, Mr. 
Cornyn, Mr. Crapo, Mr. Enzi, Mr. Flake, Mr. Grassley, Mr. Isakson, Mr. 
Johanns, Mr. Lee, Mr. McCain, Mr. Portman, Mr. Roberts, Mr. Rubio, Mr. 
Thune, Mr. Toomey, Mr. Graham, and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 2569, to provide an 
incentive for businesses to bring jobs back to America; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF MEDICAL DEVICE EXCISE TAX.

       (a) In General.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by striking subchapter E.
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 4221 of such Code is amended 
     by striking the last sentence.
       (2) Paragraph (2) of section 6416(b) of such Code is 
     amended by striking the last sentence.
       (c) Clerical Amendment.--The table of subchapter for 
     chapter 32 of such Code is amended by striking the item 
     related to subchapter E.
       (d) Effective Date.--The amendments made by this section 
     shall apply to sales after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3657. Mr. HATCH (for himself, Mr. Alexander, Ms. Ayotte, Mr. 
Barrasso, Mr. Blunt, Mr. Burr, Mr. Coats, Mr. Coburn, Ms. Collins, Mr. 
Cornyn, Mr. Crapo, Mr. Enzi, Mrs. Fischer, Mr. Flake, Mr. Grassley, Mr. 
Johanns, Mr. McCain, Mr. Portman, Mr. Roberts, Mr. Rubio, Mr. Thune, 
Mr. Graham, and Mr. Scott) submitted an amendment intended to be 
proposed by him to the bill S. 2569, to provide an incentive for 
businesses to bring jobs back to America; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF THE EMPLOYER MANDATE.

       Sections 1513 and 1514 and subsections (e), (f), and (g) of 
     section 10106 of the Patient Protection and Affordable Care 
     Act (and the amendments made by such sections and 
     subsections) are repealed and the Internal Revenue Code of 
     1986 shall be applied and administered as if such provisions 
     and amendments had never been enacted.
                                 ______
                                 
  SA 3658. Mr. SANDERS (for himself, Mr. Leahy, and Mr. Brown) 
submitted an amendment intended to be proposed by him to the bill S. 
2569, to provide an incentive for businesses to bring jobs back to 
America; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

            TITLE II--UNITED STATES EMPLOYEE OWNERSHIP BANK

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``United States Employee 
     Ownership Bank Act''.

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) between January 2000 and June 2014, the manufacturing 
     sector lost 5,162,000 jobs;
       (2) as of June 2014, only 12,121,000 workers in the United 
     States were employed in the manufacturing sector, lower than 
     June 1941;
       (3) at the end of 2013, the United States had a trade 
     deficit of $474,864,000,000, including a record-breaking 
     $318,417,200,000 trade deficit with China;
       (4) preserving and increasing decent paying jobs must be a 
     top priority of Congress;
       (5) providing loan guarantees, direct loans, and technical 
     assistance to employees to buy their own companies will 
     preserve and increase employment in the United States; and
       (6) the time has come to establish the United States 
     Employee Ownership Bank to preserve and expand jobs in the 
     United States through Employee Stock Ownership Plans and 
     worker-owned cooperatives.

     SEC. 203. DEFINITIONS.

       In this title--
       (1) the term ``Bank'' means the United States Employee 
     Ownership Bank, established under section 204;
       (2) the term ``eligible worker-owned cooperative'' has the 
     same meaning as in section 1042(c)(2) of the Internal Revenue 
     Code of 1986;
       (3) the term ``employee stock ownership plan'' has the same 
     meaning as in section 4975(e)(7) of the Internal Revenue Code 
     of 1986; and
       (4) the term ``Secretary'' means the Secretary of the 
     Treasury.

     SEC. 204. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP 
                   BANK WITHIN THE DEPARTMENT OF THE TREASURY.

       (a) Establishment of Bank.--
       (1) In general.--Before the end of the 90-day period 
     beginning on the date of enactment of this title, the 
     Secretary shall establish the United States Employee 
     Ownership Bank, to foster increased employee ownership of 
     United States companies and greater employee participation in 
     company decisionmaking throughout the United States.
       (2) Organization of the bank.--
       (A) Management.--The Secretary shall appoint a Director to 
     serve as the head of the Bank, who shall serve at the 
     pleasure of the Secretary.
       (B) Staff.--The Director may select, appoint, employ, and 
     fix the compensation of such employees as are necessary to 
     carry out the functions of the Bank.
       (b) Duties of Bank.--The Bank is authorized to provide 
     loans, on a direct or guaranteed basis, which may be 
     subordinated to the interests of all other creditors--
       (1) to purchase a company through an employee stock 
     ownership plan or an eligible worker-owned cooperative, which 
     shall be at least 51 percent employee owned, or will become 
     at least 51 percent employee owned as a result of financial 
     assistance from the Bank;
       (2) to allow a company that is less than 51 percent 
     employee owned to become at least 51 percent employee owned;
       (3) to allow a company that is already at least 51 percent 
     employee owned to increase the level of employee ownership at 
     the company; and
       (4) to allow a company that is already at least 51 percent 
     employee owned to expand operations and increase or preserve 
     employment.
       (c) Preconditions.--Before the Bank makes any subordinated 
     loan or guarantees a loan under subsection (b)(1), a business 
     plan shall be submitted to the bank that--
       (1) shows that--
       (A) not less than 51 percent of all interests in the 
     company is or will be owned or controlled by an employee 
     stock ownership plan or eligible worker-owned cooperative;
       (B) the board of directors of the company is or will be 
     elected by shareholders on a one share to one vote basis or 
     by members of the eligible worker-owned cooperative on a one 
     member to one vote basis, except that shares held by the 
     employee stock ownership plan will be voted according to 
     section 409(e) of the Internal Revenue Code of 1986, with 
     participants providing voting instructions to the trustee of 
     the employee stock ownership plan in accordance with the 
     terms of the employee stock ownership plan and the 
     requirements of that section 409(e); and
       (C) all employees will receive basic information about 
     company progress and have the opportunity to participate in 
     day-to-day operations; and
       (2) includes a feasibility study from an objective third 
     party with a positive determination that the employee stock 
     ownership plan or eligible worker-owned cooperative will 
     generate enough of a margin to pay back any loan, 
     subordinated loan, or loan guarantee that was made possible 
     through the Bank.
       (d) Terms and Conditions for Loans and Loan Guarantees.--
     Notwithstanding any other provision of law, a loan that is 
     provided or guaranteed under this section shall--
       (1) bear interest at an annual rate, as determined by the 
     Secretary--
       (A) in the case of a direct loan under this title--
       (i) sufficient to cover the cost of borrowing to the 
     Department of the Treasury for obligations of comparable 
     maturity; or
       (ii) of 4 percent; and
       (B) in the case of a loan guaranteed under this section, in 
     an amount that is equal to the current applicable market rate 
     for a loan of comparable maturity; and
       (2) have a term not to exceed 12 years.

     SEC. 205. EMPLOYEE RIGHT OF FIRST REFUSAL BEFORE PLANT OR 
                   FACILITY CLOSING.

       Section 3 of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2102) is amended--
       (1) in the section heading, by adding at the end the 
     following: ``; employee stock ownership plans or eligible 
     worker-owned cooperatives''; and
       (2) by adding at the end the following:
       ``(e) Employee Stock Ownership Plans and Eligible Worker-
     Owned Cooperatives.--
       ``(1) General rule.--If an employer orders a plant or 
     facility closing in connection with the termination of its 
     operations at such plant or facility, the employer shall 
     offer its employees an opportunity to purchase such plant or 
     facility through an employee stock ownership plan (as that 
     term is defined in section 4975(e)(7) of the Internal Revenue 
     Code of 1986) or an eligible worker-owned cooperative (as 
     that term is defined in section

[[Page 13024]]

     1042(c)(2) of the Internal Revenue Code of 1986) that is at 
     least 51 percent employee owned. The value of the company 
     which is to be the subject of such plan or cooperative shall 
     be the fair market value of the plant or facility, as 
     determined by an appraisal by an independent third party 
     jointly selected by the employer and the employees. The cost 
     of the appraisal may be shared evenly between the employer 
     and the employees.
       ``(2) Exemptions.--Paragraph (1) shall not apply--
       ``(A) if an employer orders a plant closing, but will 
     retain the assets of such plant to continue or begin a 
     business within the United States; or
       ``(B) if an employer orders a plant closing and such 
     employer intends to continue the business conducted at such 
     plant at another plant within the United States.''.

     SEC. 206. REGULATIONS ON SAFETY AND SOUNDNESS AND PREVENTING 
                   COMPETITION WITH COMMERCIAL INSTITUTIONS.

       Before the end of the 90-day period beginning on the date 
     of enactment of this title, the Secretary of the Treasury 
     shall prescribe such regulations as are necessary to 
     implement this title and the amendments made by this title, 
     including--
       (1) regulations to ensure the safety and soundness of the 
     Bank; and
       (2) regulations to ensure that the Bank will not compete 
     with commercial financial institutions.

     SEC. 207. COMMUNITY REINVESTMENT CREDIT.

       Section 804 of the Community Reinvestment Act of 1977 (12 
     U.S.C. 2903) is amended by adding at the end the following:
       ``(e) Establishment of Employee Stock Ownership Plans and 
     Eligible Worker-Owned Cooperatives.--In assessing and taking 
     into account, under subsection (a), the record of a financial 
     institution, the appropriate Federal financial supervisory 
     agency may consider as a factor capital investments, loans, 
     loan participation, technical assistance, financial advice, 
     grants, and other ventures undertaken by the institution to 
     support or enable employees to establish employee stock 
     ownership plans or eligible worker-owned cooperatives (as 
     those terms are defined in sections 4975(e)(7) and 1042(c)(2) 
     of the Internal Revenue Code of 1986, respectively), that are 
     at least 51 percent employee-owned plans or cooperatives.''.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this title, $500,000,000 for fiscal year 2015, and 
     such sums as may be necessary for each fiscal year 
     thereafter.
                                 ______
                                 
  SA 3659. Mr. SANDERS (for himself and Mr. Begich) submitted an 
amendment intended to be proposed to amendment SA 3608 submitted by Mr. 
Paul and intended to be proposed to the bill S. 2569, to provide an 
incentive for businesses to bring jobs back to America; which was 
ordered to lie on the table; as follows:

       On page 4 of the amendment, after line 9, insert the 
     following:

     SEC. __. ENDING CONFLICTS OF INTERESTS.

       (a) Findings.--Congress finds the following:
       (1) In October 2011, the Government Accountability Office 
     found that--
       (A) allowing members of the banking industry to both elect 
     and serve on the boards of directors of Federal reserve banks 
     poses reputational risks to the Federal Reserve System;
       (B) 18 former and current members of the boards of 
     directors of Federal reserve banks were affiliated with banks 
     and companies that received emergency loans from the Federal 
     Reserve System during the financial crisis;
       (C) many of the members of the boards of directors of 
     Federal reserve banks own stock or work directly for banks 
     that are supervised and regulated by the Federal Reserve 
     System. These board members oversee the operations of the 
     Federal reserve banks, including salary and personnel 
     decisions;
       (D) under current regulations, members of a board of 
     directors of a Federal reserve bank who are employed by the 
     banking industry or own stock in financial institutions can 
     participate in decisions involving how much interest to 
     charge to financial institutions receiving loans from the 
     Federal Reserve System, and the approval or disapproval of 
     Federal Reserve credit to healthy banks and banks in 
     ``hazardous'' condition;
       (E) 21 members of the boards of directors of Federal 
     reserve banks were involved in making personnel decisions in 
     the division of supervision and regulation under the Federal 
     Reserve System; and
       (F) the Federal Reserve System does not publicly disclose 
     when it grants a waiver to its conflict of interest 
     regulations.
       (2) Allowing currently employed banking industry executives 
     to serve as directors on the boards of directors of Federal 
     reserve banks is a clear conflict of interest that must be 
     eliminated.
       (3) No one who works for or invests in a firm receiving 
     direct financial assistance from the Federal Reserve System 
     should be allowed to sit on any board of directors of a 
     Federal reserve bank or be employed by the Federal Reserve 
     System.
       (b) Class A Members.--The tenth undesignated paragraph of 
     section 4 of the Federal Reserve Act (12 U.S.C. 302) 
     (relating to Class A) is amended by striking ``chosen by and 
     be representative of the stockholding banks'' and inserting 
     ``designated by the Board of Governors of the Federal Reserve 
     System, from among persons who are not employed in any 
     capacity by a stockholding bank''.
       (c) Class B.--The eleventh undesignated paragraph of 
     section 4 of the Federal Reserve Act (12 U.S.C. 302) 
     (relating to Class B) is amended by striking ``be elected'' 
     and inserting ``be designated by the Board of Governors of 
     the Federal Reserve System''.
       (d) Limitations on Boards of Directors.--The fourteenth and 
     fifteenth undesignated paragraphs of section 4 of the Federal 
     Reserve Act (12 U.S.C. 303) (relating to Class B and Class C, 
     respectively) are amended to read as follows:
       ``No employee of a bank holding company or other entity 
     regulated by the Board of Governors of the Federal Reserve 
     System may serve on the board of directors of any Federal 
     reserve bank.
       ``No employee of the Federal Reserve System or board member 
     of a Federal reserve bank may own any stock or invest in any 
     company that is regulated by the Board of Governors of the 
     Federal Reserve System, without exception.''.
       (e) Reports to Congress.--The Comptroller General of the 
     United States shall report annually to Congress beginning 1 
     year after the date of enactment of this Act to make sure 
     that the provisions of this section are followed.
                                 ______
                                 
  SA 3660. Mr. SANDERS (for himself, Mr. Leahy, and Mr. Brown) 
submitted an amendment intended to be proposed by him to the bill S. 
2569, to provide an incentive for businesses to bring jobs back to 
America; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.

       (a) Short Title.--This section may be cited as the ``Worker 
     Ownership, Readiness, and Knowledge Act'' or the ``WORK 
     Act''.
       (b) Definitions.--In this section:
       (1) Existing program.--The term ``existing program'' means 
     a program, designed to promote employee ownership and 
     employee participation in business decisionmaking, that 
     exists on the date the Secretary is carrying out a 
     responsibility authorized by this section.
       (2) Initiative.--The term ``Initiative'' means the Employee 
     Ownership and Participation Initiative established under 
     subsection (c).
       (3) New program.--The term ``new program'' means a program, 
     designed to promote employee ownership and employee 
     participation in business decisionmaking, that does not exist 
     on the date the Secretary is carrying out a responsibility 
     authorized by this section.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor, acting through the Assistant Secretary for 
     Employment and Training.
       (5) State.--The term ``State'' means any of the 50 States 
     within the United States of America.
       (c) Employee Ownership and Participation Initiative.--
       (1) Establishment.--The Secretary of Labor shall establish 
     within the Employment and Training Administration of the 
     Department of Labor an Employee Ownership and Participation 
     Initiative to promote employee ownership and employee 
     participation in business decisionmaking.
       (2) Functions.--In carrying out the Initiative, the 
     Secretary shall--
       (A) support within the States existing programs designed to 
     promote employee ownership and employee participation in 
     business decisionmaking; and
       (B) facilitate within the States the formation of new 
     programs designed to promote employee ownership and employee 
     participation in business decisionmaking.
       (3) Duties.--To carry out the functions enumerated in 
     paragraph (2), the Secretary shall--
       (A) support new programs and existing programs by--
       (i) making Federal grants authorized under subsection (e); 
     and
       (ii)(I) acting as a clearinghouse on techniques employed by 
     new programs and existing programs within the States, and 
     disseminating information relating to those techniques to the 
     programs; or
       (II) funding projects for information gathering on those 
     techniques, and dissemination of that information to the 
     programs, by groups outside the Employment and Training 
     Administration; and
       (B) facilitate the formation of new programs, in ways that 
     include holding or funding an annual conference of 
     representatives from States with existing programs, 
     representatives from States developing new programs, and 
     representatives from States without existing programs.
       (d) Programs Regarding Employee Ownership and 
     Participation.--
       (1) Establishment of program.--Not later than 180 days 
     after the date of enactment of

[[Page 13025]]

     this Act, the Secretary shall establish a program to 
     encourage new and existing programs within the States, 
     designed to foster employee ownership and employee 
     participation in business decisionmaking throughout the 
     United States.
       (2) Purpose of program.--The purpose of the program 
     established under paragraph (1) is to encourage new and 
     existing programs within the States that focus on--
       (A) providing education and outreach to inform employees 
     and employers about the possibilities and benefits of 
     employee ownership, business ownership succession planning, 
     and employee participation in business decisionmaking, 
     including providing information about financial education, 
     employee teams, open-book management, and other tools that 
     enable employees to share ideas and information about how 
     their businesses can succeed;
       (B) providing technical assistance to assist employee 
     efforts to become business owners, to enable employers and 
     employees to explore and assess the feasibility of 
     transferring full or partial ownership to employees, and to 
     encourage employees and employers to start new employee-owned 
     businesses;
       (C) training employees and employers with respect to 
     methods of employee participation in open-book management, 
     work teams, committees, and other approaches for seeking 
     greater employee input; and
       (D) training other entities to apply for funding under this 
     subsection, to establish new programs, and to carry out 
     program activities.
       (3) Program details.--The Secretary may include, in the 
     program established under paragraph (1), provisions that--
       (A) in the case of activities under paragraph (2)(A)--
       (i) target key groups such as retiring business owners, 
     senior managers, unions, trade associations, community 
     organizations, and economic development organizations;
       (ii) encourage cooperation in the organization of workshops 
     and conferences; and
       (iii) prepare and distribute materials concerning employee 
     ownership and participation, and business ownership 
     succession planning;
       (B) in the case of activities under paragraph (2)(B)--
       (i) provide preliminary technical assistance to employee 
     groups, managers, and retiring owners exploring the 
     possibility of employee ownership;
       (ii) provide for the performance of preliminary feasibility 
     assessments;
       (iii) assist in the funding of objective third-party 
     feasibility studies and preliminary business valuations, and 
     in selecting and monitoring professionals qualified to 
     conduct such studies; and
       (iv) provide a data bank to help employees find legal, 
     financial, and technical advice in connection with business 
     ownership;
       (C) in the case of activities under paragraph (2)(C)--
       (i) provide for courses on employee participation; and
       (ii) provide for the development and fostering of networks 
     of employee-owned companies to spread the use of successful 
     participation techniques; and
       (D) in the case of training under paragraph (2)(D)--
       (i) provide for visits to existing programs by staff from 
     new programs receiving funding under this section; and
       (ii) provide materials to be used for such training.
       (4) Guidance.--The Secretary shall issue formal guidance, 
     for recipients of grants awarded under subsection (e) and 
     one-stop partners affiliated with the statewide workforce 
     investment systems described in section 106 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2881), proposing that 
     programs and other activities funded under this section be--
       (A) proactive in encouraging actions and activities that 
     promote employee ownership of, and participation in, 
     businesses; and
       (B) comprehensive in emphasizing both employee ownership 
     of, and participation in, businesses so as to increase 
     productivity and broaden capital ownership.
       (e) Grants.--
       (1) In general.--In carrying out the program established 
     under subsection (d), the Secretary may make grants for use 
     in connection with new programs and existing programs within 
     a State for any of the following activities:
       (A) Education and outreach as provided in subsection 
     (d)(2)(A).
       (B) Technical assistance as provided in subsection 
     (d)(2)(B).
       (C) Training activities for employees and employers as 
     provided in subsection (d)(2)(C).
       (D) Activities facilitating cooperation among employee-
     owned firms.
       (E) Training as provided in subsection (d)(2)(D) for new 
     programs provided by participants in existing programs 
     dedicated to the objectives of this section, except that, for 
     each fiscal year, the amount of the grants made for such 
     training shall not exceed 10 percent of the total amount of 
     the grants made under this section.
       (2) Amounts and conditions.--The Secretary shall determine 
     the amount and any conditions for a grant made under this 
     subsection. The amount of the grant shall be subject to 
     paragraph (6), and shall reflect the capacity of the 
     applicant for the grant.
       (3) Applications.--Each entity desiring a grant under this 
     subsection shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       (4) State applications.--Each State may sponsor and submit 
     an application under paragraph (3) on behalf of any local 
     entity consisting of a unit of State or local government, 
     State-supported institution of higher education, or nonprofit 
     organization, meeting the requirements of this section.
       (5) Applications by entities.--
       (A) Entity applications.--If a State fails to support or 
     establish a program pursuant to this section during any 
     fiscal year, the Secretary shall, in the subsequent fiscal 
     years, allow local entities described in paragraph (4) from 
     that State to make applications for grants under paragraph 
     (3) on their own initiative.
       (B) Application screening.--Any State failing to support or 
     establish a program pursuant to this section during any 
     fiscal year may submit applications under paragraph (3) in 
     the subsequent fiscal years but may not screen applications 
     by local entities described in paragraph (4) before 
     submitting the applications to the Secretary.
       (6) Limitations.--A recipient of a grant made under this 
     subsection shall not receive, during a fiscal year, in the 
     aggregate, more than the following amounts:
       (A) For fiscal year 2015, $300,000.
       (B) For fiscal year 2016, $330,000.
       (C) For fiscal year 2017, $363,000.
       (D) For fiscal year 2018, $399,300.
       (E) For fiscal year 2019, $439,200.
       (7) Annual report.--For each year, each recipient of a 
     grant under this subsection shall submit to the Secretary a 
     report describing how grant funds allocated pursuant to this 
     subsection were expended during the 12-month period preceding 
     the date of the submission of the report.
       (f) Evaluations.--The Secretary is authorized to reserve 
     not more than 10 percent of the funds appropriated for a 
     fiscal year to carry out this section, for the purposes of 
     conducting evaluations of the grant programs identified in 
     subsection (e) and to provide related technical assistance.
       (g) Reporting.--Not later than the expiration of the 36-
     month period following the date of enactment of this Act, the 
     Secretary shall prepare and submit to Congress a report--
       (1) on progress related to employee ownership and 
     participation in businesses in the United States; and
       (2) containing an analysis of critical costs and benefits 
     of activities carried out under this section.
       (h) Authorizations of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     for the purpose of making grants pursuant to subsection (e) 
     the following:
       (A) For fiscal year 2015, $3,850,000.
       (B) For fiscal year 2016, $6,050,000.
       (C) For fiscal year 2017, $8,800,000.
       (D) For fiscal year 2018, $11,550,000.
       (E) For fiscal year 2019, $14,850,000.
       (2) Administrative expenses.--There are authorized to be 
     appropriated for the purpose of funding the administrative 
     expenses related to the Initiative, for each of fiscal years 
     2015 through 2019, an amount not in excess of--
       (A) $350,000; or
       (B) 5.0 percent of the maximum amount available under 
     paragraph (1) for that fiscal year.
                                 ______
                                 
  SA 3661. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 384, between lines 9 and 10, insert the following:

  PART III--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS 
                          ABSENTEE VOTING ACT

     SEC. 1078A. PRE-ELECTION REPORTING REQUIREMENT ON 
                   TRANSMISSION OF ABSENTEE BALLOTS.

       (a) In General.--Subsection (c) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(c)) is amended by striking ``Not later than 
     90 days'' and inserting the following:
       ``(1) Pre-election report on absentee ballots 
     transmitted.--
       ``(A) In general.--Not later than 43 days before any 
     election for Federal office held in a State, the chief State 
     election official of such State shall submit a report 
     containing the information in subparagraph (B) to the 
     Attorney General and the Presidential designee, and make that 
     report publicly available that same day.
       ``(B) Information reported.--The report under subparagraph 
     (A) shall consist of the following:

[[Page 13026]]

       ``(i) The total number of absentee ballots validly 
     requested by absent uniformed services voters and overseas 
     voters whose requests were received by the 47th day before 
     the election.
       ``(ii) The total number of ballots transmitted to such 
     voters by the 46th day before the election by each unit of 
     local government within the State that will administer the 
     election.
       ``(iii) If the chief State election official has incomplete 
     information on any items required to be included in the 
     report, an explanation of what information is incomplete 
     information and efforts made to acquire such information, 
     including the identity of any unit of local government that 
     failed to provide required information to the State.
       ``(C) Requirement to supplement incomplete information.--If 
     the report under subparagraph (A) has incomplete information 
     on any items required to be included in the report, the chief 
     State election official shall make all reasonable efforts to 
     expeditiously supplement the report with complete 
     information.
       ``(D) Format.--The report under subparagraph (A) shall be 
     in a format prescribed by the Attorney General in 
     consultation with the chief State election officials of each 
     State.
       ``(2) Post election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days''.
       (b) Conforming Amendment.--The heading for subsection (c) 
     of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended 
     by striking ``Report on Number of Absentee Ballots 
     Transmitted and Received'' and inserting ``Reports on 
     Absentee Ballots''.

     SEC. 1078B. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER 
                   PROVISION.

       (a) In General.--Paragraph (8) of section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(a)) is amended to read as follows:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter by the date 
     and in the manner determined under subsection (g);''.
       (b) Ballot Transmission Requirements and Repeal of Waiver 
     Provision.--Subsection (g) of section 102 of such Act (42 
     U.S.C. 1973ff-1(g)) is amended to read as follows:
       ``(g) Ballot Transmission Requirements.--
       ``(1) In general.--For purposes of subsection (a)(8), in 
     the case in which a valid request for an absentee ballot is 
     received at least 47 days before an election for Federal 
     office, the following rules shall apply:
       ``(A) Transmission deadline.--The State shall transmit the 
     absentee ballot not later than 46 days before the election.
       ``(B) Special rules in case of failure to transmit on 
     time.--
       ``(i) In general.--If the State fails to transmit any 
     absentee ballot by the 46th day before the election as 
     required by subparagraph (A) and the absent uniformed 
     services voter or overseas voter did not request electronic 
     ballot transmission pursuant to subsection (f), the State 
     shall transmit such ballot by express delivery.
       ``(ii) Extended failure.--If the State fails to transmit 
     any absentee ballot by the 41st day before the election, in 
     addition to transmitting the ballot as provided in clause 
     (i), the State shall--

       ``(I) in the case of absentee ballots requested by absent 
     uniformed services voters with respect to regularly scheduled 
     general elections, notify such voters of the procedures 
     established under section 103A for the collection and 
     delivery of marked absentee ballots; and
       ``(II) in any other case, provide for the return of such 
     ballot by express delivery.

       ``(iii) Cost of express delivery.--In any case in which 
     express delivery is required under this subparagraph, the 
     cost of such express delivery--

       ``(I) shall not be paid by the voter, and
       ``(II) may be required by the State to be paid by a local 
     jurisdiction if the State determines that election officials 
     in such jurisdiction are responsible for the failure to 
     transmit the ballot by any date required under this 
     paragraph.

       ``(iv) Exception.--Clause (ii)(II) shall not apply when an 
     absent uniformed services voter or overseas voter indicates 
     the preference to return the late sent absentee ballot by 
     electronic transmission in a State that permits return of an 
     absentee ballot by electronic transmission.
       ``(v) Enforcement.--A State's compliance with this 
     subparagraph does not bar the Attorney General from seeking 
     additional remedies necessary to fully resolve or prevent 
     ongoing, future, or systematic violations of this provision.
       ``(C) Special procedure in event of disaster.--If a 
     disaster (hurricane, tornado, earthquake, storm, volcanic 
     eruption, landslide, fire, flood, or explosion), or an act of 
     terrorism prevents the State from transmitting any absentee 
     ballot by the 46th day before the election as required by 
     subparagraph (A), it shall notify the Attorney General as 
     soon as practicable and take all actions necessary, including 
     seeking any necessary judicial relief, to ensure that 
     affected absent uniformed services voters and overseas voters 
     are provided a reasonable opportunity to receive and return 
     their absentee ballots in time to be counted.
       ``(2) Requests received after 47th day before election.--
     For purposes of subsection (a)(8), in the case in which a 
     valid request for an absentee ballot is received less than 47 
     days but not less than 30 days before an election for Federal 
     office, the State shall transmit the absentee ballot not 
     later than 3 business days after such request is received.''.

     SEC. 1078C. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE 
                   ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN 
                   ABSENTEE BALLOT.

       (a) In General.--Section 102(a)(3) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     1(a)(3)) is amended by striking ``general elections'' and 
     inserting ``general, special, primary, and runoff 
     elections''.
       (b) Conforming Amendment.--Section 103 of such Act (42 
     U.S.C. 1973ff-2) is amended--
       (1) in subsection (b)(2)(B), by striking ``general'', and
       (2) in the heading thereof, by striking ``general''.

     SEC. 1078D. TREATMENT OF POST CARD REGISTRATION REQUESTS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended by adding at the 
     end the following new subsection:
       ``(j) Treatment of Post Card Registrations.--A State shall 
     not remove any voter who has registered to vote using the 
     official post card form (prescribed under section 101) except 
     in accordance with subparagraph (A), (B), or (C) of section 
     8(a)(3) of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg-6(a)).''.

     SEC. 1078E. TREATMENT OF BALLOT REQUESTS.

       (a) Application of Prohibition of Refusal of Applications 
     on Grounds of Early Submission to Overseas Voters.--Section 
     104 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-3) is amended--
       (1) by inserting ``or overseas voter'' after ``submitted by 
     an absent uniformed services voter''; and
       (2) by striking ``members of the uniformed services'' and 
     inserting ``absent uniformed services voters or overseas 
     voters''.
       (b) Use of Single Application for Subsequent Elections.--
       (1) In general.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is 
     amended--
       (A) by striking ``A State'' and inserting the following:
       ``(a) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State'', and
       (B) by adding at the end the following new subsections:
       ``(b) Application Treated as Valid for Subsequent 
     Elections.--
       ``(1) In general.--If a State accepts and processes a 
     request for an absentee ballot by an absent uniformed 
     services voter or overseas voter and the voter requests that 
     the application be considered an application for an absentee 
     ballot for each subsequent election for Federal office held 
     in the State through the next regularly scheduled general 
     election for Federal office (including any runoff elections 
     which may occur as a result of the outcome of such general 
     election), the State shall provide an absentee ballot to the 
     voter for each such subsequent election.
       ``(2) Exceptions.--Paragraph (1) shall not apply with 
     respect to either of the following:
       ``(A) Voters changing registration.--A voter removed from 
     the list of official eligible voters in accordance with 
     subparagraph (A), (B), or (C) of section 8(a)(3) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     6(a)).
       ``(B) Undeliverable ballots.--A voter whose ballot is 
     returned by mail to the State or local election officials as 
     undeliverable or, in the case of a ballot delivered 
     electronically, if the email sent to the voter was 
     undeliverable or rejected due to an invalid email address.''.
       (2) Conforming amendment.--The heading of section 104 of 
     such Act is amended by striking ``prohibition of refusal of 
     applications on grounds of early submission'' and inserting 
     ``treatment of ballot requests''.
       (3) Revision to postcard form.--
       (A) In general.--The Presidential designee shall ensure 
     that the official postcard form prescribed under section 
     101(b)(2) of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter using the 
     form to--
       (i) request an absentee ballot for each election for 
     Federal office held in a State through the next regularly 
     scheduled general election for Federal office (including any 
     runoff elections which may occur as a result of the outcome 
     of such general election); or
       (ii) request an absentee ballot for a specific election or 
     elections for Federal office held in a State during the 
     period described in paragraph (1).
       (B) Presidential designee.--For purposes of this paragraph, 
     the term ``Presidential designee'' means the individual 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).

[[Page 13027]]



     SEC. 1078F. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraphs (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) 
     are each amended by striking ``and American Samoa'' and 
     inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.

     SEC. 1078G. BIENNIAL REPORT ON THE EFFECTIVENESS OF 
                   ACTIVITIES OF THE FEDERAL VOTING ASSISTANCE 
                   PROGRAM AND COMPTROLLER GENERAL REVIEW.

       (a) In General.--Section 105A(b) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     4a(b)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``March 31 of each year'' and inserting 
     ``June 30 of each odd-numbered year''; and
       (B) by striking ``the following information'' and inserting 
     ``the following information with respect to the Federal 
     elections held during the 2 preceding calendar years'';
       (2) in paragraph (1), by striking ``separate assessment'' 
     each place it appears and inserting ``separate assessment and 
     statistical analysis''; and
       (3) in paragraph (2)--
       (A) by striking ``section 1566a'' in the matter preceding 
     subparagraph (A) and inserting ``sections 1566a and 1566b'';
       (B) by striking ``such section'' each place it appears in 
     subparagraphs (A) and (B) and inserting ``such sections''; 
     and
       (C) by adding at the end the following new subparagraph:
       ``(C) The number of completed official postcard forms 
     prescribed under section 101(b)(2) that were completed by 
     absent uniformed services members and accepted and 
     transmitted.''.
       (b) Comptroller General Reviews.--Section 105A of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-4a) is amended by redesignating subsection (c) 
     as subsection (d) and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Comptroller General Reviews.--
       ``(1) In general.--
       ``(A) Review.--The Comptroller General shall conduct a 
     review of any reports submitted by the Presidential designee 
     under subsection (b) with respect to elections occurring in 
     calendar years 2014 through 2020.
       ``(B) Report.--Not later than 180 days after a report is 
     submitted by the Presidential designee under subsection (b), 
     the Comptroller General shall submit to the relevant 
     committees of Congress a report containing the results of the 
     review conducted under subparagraph (A).
       ``(2) Matters reviewed.--A review conducted under paragraph 
     (1) shall assess--
       ``(A) the methodology used by the Presidential designee to 
     prepare the report and to develop the data presented in the 
     report, including the approach for designing, implementing, 
     and analyzing the results of any surveys,
       ``(B) the effectiveness of any voting assistance covered in 
     the report provided under subsection (b) and provided by the 
     Presidential designee to absent overseas uniformed services 
     voters and overseas voters who are not members of the 
     uniformed services, including an assessment of--
       ``(i) any steps taken toward improving the implementation 
     of such voting assistance; and
       ``(ii) the extent of collaboration between the Presidential 
     designee and the States in providing such voting assistance; 
     and
       ``(C) any other information the Comptroller General 
     considers relevant to the review.''.
       (c) Conforming Amendments.--
       (1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is 
     amended--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraphs (7) through (11) as 
     paragraphs (6) through (10), respectively.
       (2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is 
     amended--
       (A) in paragraph (5), by striking ``101(b)(7)'' and 
     inserting ``101(b)(6)''; and
       (B) in paragraph (11), by striking ``101(b)(11)'' and 
     inserting ``101(b)(10)''.
       (3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is 
     amended--
       (A) by striking ``Annual Report'' in the subsection heading 
     and inserting ``Biennial Report''; and
       (B) by striking ``In the case of'' in paragraph (3) and all 
     that follows through ``a description'' and inserting ``A 
     description''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to reports required to be issued after the date 
     of the enactment of this Act.

     SEC. 1078H. EFFECTIVE DATE.

       Except as provided in section 1078G(d), the amendments made 
     by this title shall take effect on January 1, 2015.
                                 ______
                                 
  SA 3662. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. REGULATORY ACCOUNTABILITY.

       (a) Short Title.--This section may be cited as the 
     ``Regulatory Accountability Act of 2014''.
       (b) Definitions.--Section 551 of title 5, United States 
     Code, is amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(15) `guidance' means an agency statement of general 
     applicability, other than a rule, that is not intended to 
     have the force and effect of law but that sets forth a policy 
     on a statutory, regulatory, or technical issue or an 
     interpretation of a statutory or regulatory issue;
       ``(16) `high-impact rule' means any rule that the 
     Administrator of the Office of Information and Regulatory 
     Affairs determines is likely to impose a cost on the economy 
     in any 1 year of $1,000,000,000 or more, adjusted annually 
     for inflation;
       ``(17) `major rule' means any rule that the Administrator 
     of the Office of Information and Regulatory Affairs 
     determines is likely to impose--
       ``(A) a cost on the economy in any 1 year of $100,000,000 
     or more, adjusted annually for inflation;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, local, or tribal 
     government agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets;
       ``(18) `major guidance' means guidance that the 
     Administrator of the Office of Information and Regulatory 
     Affairs finds is likely to lead to--
       ``(A) a cost on the economy in any 1 year of $100,000,000 
     or more, adjusted annually for inflation;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, local or tribal 
     government agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; and
       ``(19) `Office of Information and Regulatory Affairs' means 
     the office established under section 3503 of title 44 and any 
     successor to that office.''.
       (c) Rulemaking.--Section 553 of title 5, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``(a) This section 
     applies'' and inserting ``(a) Applicability.--This section 
     applies''; and
       (2) by striking subsections (b) through (e) and inserting 
     the following:
       ``(b) Rulemaking Considerations.--In a rulemaking, an 
     agency shall consider, in addition to other applicable 
     considerations, the following:
       ``(1) The legal authority under which a rule may be 
     proposed, including whether rulemaking is required by statute 
     or is within the discretion of the agency.
       ``(2) The nature and significance of the problem the agency 
     intends to address with a rule.
       ``(3) Whether existing Federal laws or rules have created 
     or contributed to the problem the agency may address with a 
     rule and, if so, whether those Federal laws or rules could be 
     amended or rescinded to address the problem in whole or in 
     part.
       ``(4) A reasonable number of alternatives for a new rule, 
     including any substantial alternatives or other responses 
     identified by interested persons.
       ``(5) For any major rule or high-impact rule, the potential 
     costs and benefits associated with potential alternative 
     rules and other responses considered under paragraph (4), 
     including an analysis of--
       ``(A) the nature and degree of risks addressed by the rule 
     and the countervailing risks that might be posed by agency 
     action;
       ``(B) direct, indirect, and cumulative costs and benefits; 
     and
       ``(C) estimated impacts on jobs, competitiveness, and 
     productivity.
       ``(c) Initiation of Rulemaking.--
       ``(1) Notice for major and high-impact rules.--When an 
     agency determines to initiate a rulemaking that may result in 
     a major rule or high-impact rule, the agency shall--
       ``(A) establish an electronic docket for that rulemaking, 
     which may have a physical counterpart; and
       ``(B) publish a notice of initiation of rulemaking in the 
     Federal Register, which shall--
       ``(i) briefly describe the subject, the problem to be 
     solved, and the objectives of the rule;
       ``(ii) reference the legal authority under which the rule 
     would be proposed;
       ``(iii) invite interested persons to propose alternatives 
     for accomplishing the objectives of the agency in the most 
     effective manner and with the lowest cost; and
       ``(iv) indicate how interested persons may submit written 
     material for the docket.

[[Page 13028]]

       ``(2) Accessibility.--All information provided to the 
     agency under paragraph (1) shall be promptly placed in the 
     docket and made accessible to the public.
       ``(d) Notice of Proposed Rulemaking.--
       ``(1) In general.--If an agency determines that the 
     objectives of the agency require the agency to issue a rule, 
     the agency shall notify the Administrator of the Office of 
     Information and Regulatory Affairs and publish a notice of 
     proposed rulemaking in the Federal Register, which shall 
     include--
       ``(A) a statement of the time, place, and nature of any 
     public rulemaking proceedings;
       ``(B) reference to the legal authority under which the rule 
     is proposed;
       ``(C) the text of the proposed rule;
       ``(D) a summary of information known to the agency 
     concerning the considerations specified in subsection (b); 
     and
       ``(E) for any major rule or high impact-rule--
       ``(i) a reasoned preliminary determination that the 
     benefits of the proposed rule justify the costs of the 
     proposed rule; and
       ``(ii) a discussion of--

       ``(I) the costs and benefits of alternatives considered by 
     the agency under subsection (b), as determined by the agency 
     at its discretion or provided under subsection (c) by a 
     proponent of an alternative;
       ``(II) whether those alternatives meet relevant statutory 
     objectives; and
       ``(III) the reasons why the agency did not propose any of 
     those alternatives.

       ``(2) Accessibility.--Not later than the date of 
     publication of the notice of proposed rulemaking by an agency 
     under paragraph (1), all data, studies, models, and other 
     information considered by the agency, and actions by the 
     agency to obtain information, in connection with the 
     determination of the agency to propose the rule, shall be 
     placed in the docket for the proposed rule and made 
     accessible to the public.
       ``(3) Public comment.--
       ``(A) After publishing a notice of proposed rulemaking, the 
     agency shall provide interested persons an opportunity to 
     participate in the rulemaking through the submission of 
     written material, data, views, or arguments with or without 
     opportunity for oral presentation, except that--
       ``(i) if a public hearing is convened under subsection (e), 
     reasonable opportunity for oral presentation shall be 
     provided at the public hearing under the requirements of 
     subsection (e); and
       ``(ii) when, other than under subsection (e), a rule is 
     required by statute or at the discretion of the agency to be 
     made on the record after opportunity for an agency hearing, 
     sections 556 and 557 shall apply, and the petition procedures 
     of subsection (e) shall not apply.
       ``(B) The agency shall provide not less than 60 days, or 90 
     days in the case of a proposed major rule or proposed high-
     impact rule, for interested persons to submit written 
     material, data, views, or arguments.
       ``(4) Expiration of notice.--
       ``(A) Except as provided in subparagraph (B), a notice of 
     proposed rulemaking shall, 2 years after the date on which 
     the notice is published in the Federal Register, be 
     considered as expired and may not be used to satisfy the 
     requirements of subsection (d).
       ``(B) An agency may, at the sole discretion of the agency, 
     extend the expiration of a notice of proposed rulemaking 
     under subparagraph (A) for a 1-year period by publishing a 
     supplemental notice in the Federal Register explaining why 
     the agency requires additional time to complete the 
     rulemaking.
       ``(e) Public Hearing for High-impact Rules.--
       ``(1) Petition for public hearing.--
       ``(A)(i) Before the close of the comment period for any 
     proposed high-impact rule, any interested person may petition 
     the agency to hold a public hearing in accordance with this 
     subsection.
       ``(ii) Not later than 30 days after receipt of a petition 
     made pursuant to clause (i), the agency shall grant the 
     petition if the petition shows that--
       ``(I) the proposed rule is based on conclusions with 
     respect to one or more specific scientific, technical, 
     economic or other complex factual issues that are genuinely 
     disputed; and
       ``(II) the resolution of those disputed factual issues 
     would likely have an effect on the costs and benefits of the 
     proposed rule.
       ``(B) If the agency denies a petition under this subsection 
     in whole or in part, it shall include in the rulemaking 
     record an explanation for the denial sufficient for judicial 
     review, including--
       ``(i) findings by the agency that there is no genuine 
     dispute as to the factual issues raised by the petition; or
       ``(ii) a reasoned determination by the agency that the 
     factual issues raised by the petition, even if subject to 
     genuine dispute, will not have an effect on the costs and 
     benefits of the proposed rule.
       ``(2) Notice of hearing.--Not later than 45 days before any 
     hearing held under this subsection, the agency shall publish 
     in the Federal Register a notice specifying the proposed rule 
     to be considered at the hearing and the factual issues to be 
     considered at the hearing.
       ``(3) Hearing procedure.--
       ``(A) A hearing held under this subsection shall be limited 
     to the specific factual issues raised in the petition or 
     petitions granted in whole or in part under paragraph (1) and 
     any other factual issues the resolution of which the agency, 
     in its discretion, determines will advance its consideration 
     of the proposed rule.
       ``(B)(i) Except as otherwise provided by statute, the 
     proponent of the rule has the burden of proof in a hearing 
     held under this subsection. Any documentary or oral evidence 
     may be received, but the agency as a matter of policy shall 
     provide for the exclusion of immaterial or unduly repetitious 
     evidence.
       ``(ii) To govern hearings held under this subsection, each 
     agency shall adopt rules that provide for--
       ``(I) the appointment of an agency official or 
     administrative law judge to preside at the hearing;
       ``(II) the presentation by interested parties of relevant 
     documentary or oral evidence, unless the evidence is 
     immaterial or unduly repetitious;
       ``(III) a reasonable and adequate opportunity for cross-
     examination by interested parties concerning genuinely 
     disputed factual issues raised by the petition, provided that 
     in the case of multiple interested parties with the same or 
     similar interests, the agency may require the use of common 
     counsel where the common counsel may adequately represent the 
     interests that will be significantly affected by the proposed 
     rule; and
       ``(IV) the provision of fees and costs under the 
     circumstances described in section 6(c)(4) of the Toxic 
     Substances Control Act (15 U.S.C. 2605(c)(4)).
       ``(C) The transcript of testimony and exhibits, together 
     with all papers and requests filed in the hearing, shall 
     constitute the exclusive record for decision of the factual 
     issues addressed in a hearing held under this subsection.
       ``(4) Petition for public hearing for major rules.--In the 
     case of any major rule, any interested person may petition 
     for a hearing under this subsection on the grounds and within 
     the time limitation set forth in paragraph (1). The agency 
     may deny the petition if the agency reasonably determines 
     that a hearing would not advance the consideration of the 
     proposed rule by the agency or would, in light of the need 
     for agency action, unreasonably delay completion of the 
     rulemaking. The petition and the decision of the agency with 
     respect to the petition shall be included in the rulemaking 
     record.
       ``(5) Judicial review.--
       ``(A) Failure to petition for a hearing under this 
     subsection shall not preclude judicial review of any claim 
     that could have been raised in the hearing petition or at the 
     hearing.
       ``(B) There shall be no judicial review of the disposition 
     of a petition by an agency under this subsection until 
     judicial review of the final action of the agency.
       ``(f) Final Rules.--
       ``(1) Cost of major or high-impact rule.--
       ``(A) Except as provided in subparagraph (B), in a 
     rulemaking for a major rule or high-impact rule, the agency 
     shall adopt the least costly rule considered during the 
     rulemaking that meets relevant statutory objectives.
       ``(B) The agency may adopt a rule that is more costly than 
     the least costly alternative that would achieve the relevant 
     statutory objectives only if--
       ``(i) the additional benefits of the more costly rule 
     justify its additional costs; and
       ``(ii) the agency explains why the agency adopted a rule 
     that is more costly than the least costly alternative, based 
     on interests that are within the scope of the statutory 
     provision authorizing the rule.
       ``(2) Publication of notice of final rulemaking.--When the 
     agency adopts a final rule, the agency shall publish a notice 
     of final rulemaking in the Federal Register, which shall 
     include--
       ``(A) a concise, general statement of the basis and purpose 
     of the rule;
       ``(B) a reasoned determination by the agency regarding the 
     considerations specified in subsection (c);
       ``(C) in a rulemaking for a major rule or high-impact rule, 
     a reasoned determination by the agency that the benefits of 
     the rule advance the relevant statutory objectives and 
     justify the costs of the rule;
       ``(D) in a rulemaking for a major rule or high-impact rule, 
     a reasoned determination by the agency that--
       ``(i) no alternative considered would achieve the relevant 
     statutory objectives at a lower cost than the rule; or
       ``(ii) the adoption by the agency of a more costly rule 
     complies with paragraph (2)(B); and
       ``(E) a response to each significant issue raised in the 
     comments on the proposed rule.
       ``(3) Information quality.--If an agency rulemaking rests 
     upon scientific, technical, or economic information, the 
     agency shall adopt a rule only on the basis of the best 
     available scientific, technical, or economic information.
       ``(4) Accessibility.--Not later than the date of 
     publication of the rule, all data, studies, models, and other 
     information considered by the agency, and actions by the 
     agency to obtain information in connection with its adoption 
     of the rule, shall be placed in

[[Page 13029]]

     the docket for the rule and made accessible to the public.
       ``(5) Rules adopted at the end of a presidential 
     administration.--
       ``(A) During the 60-day period beginning on a transitional 
     inauguration day (as defined in section 3349a), with respect 
     to any final rule that had been placed on file for public 
     inspection by the Office of the Federal Register or published 
     in the Federal Register as of the date of the inauguration, 
     but which had not yet become effective by the date of the 
     inauguration, the agency issuing the rule may, by order, 
     delay the effective date of the rule for not more than 90 
     days for the purpose of obtaining public comment on whether 
     the rule should be amended or rescinded or its effective date 
     further delayed.
       ``(B) If an agency delays the effective date of a rule 
     under subparagraph (A), the agency shall give the public not 
     less than 30 days to submit comments.
       ``(g) Applicability of This Section.--
       ``(1) In general.--Except as otherwise provided by law, 
     this section does not apply to guidance or rules of agency 
     organization, procedure, or practice.
       ``(2) Adoption of interim rules.--
       ``(A) If an agency for good cause finds, and incorporates 
     the finding and a brief statement of reasons for the finding 
     in the rule issued, that compliance with subsection (c), (d), 
     or (e) or requirements to render final determinations under 
     subsection (f) before the issuance of an interim rule is 
     unnecessary, such subsections and requirements under 
     subsection (f) shall not apply and the agency may issue a 
     final rule.
       ``(B) If an agency for good cause finds, and incorporates 
     the finding and a brief statement of reasons for the finding 
     in the rule issued, that compliance with subsection (c), (d), 
     or (e) or requirements to render final determinations under 
     subsection (f) before the issuance of an interim rule is 
     impracticable or contrary to the public interest, such 
     subsections and requirements under subsection (f) shall not 
     apply to the adoption of an interim rule by the agency.
       ``(C) If, following compliance with subparagraph (B), an 
     agency adopts an interim rule, the agency shall commence 
     proceedings that fully comply with subsections (c) through 
     (f) immediately upon publication of the interim rule. Not 
     less than 270 days from publication of the interim rule, or 
     18 months in the case of a major rule or high-impact rule, 
     the agency shall complete rulemaking in accordance with 
     subsections (c) through (f) and take final action to adopt a 
     final rule or rescind the interim rule. If the agency fails 
     to take timely final action under this subparagraph, the 
     interim rule shall cease to have the effect of law.
       ``(h) Date of Publication of Rule.--A rule shall be 
     published not less than 30 days before the effective date of 
     the rule, except--
       ``(1) for a rule that grants or recognizes an exemption or 
     relieves a restriction;
       ``(2) for guidance; or
       ``(3) as otherwise provided by an agency for good cause and 
     as published with the rule.
       ``(i) Right to Petition and Review of Rules.--
       ``(1) Each agency shall give interested persons the right 
     to petition for the issuance, amendment, or repeal of a rule.
       ``(2) Each agency shall, on a continuing basis, invite 
     interested persons to submit, by electronic means, 
     suggestions for rules that warrant retrospective review and 
     possible modification or repeal.
       ``(j) Rulemaking Guidelines.--
       ``(1) Assessment of rules.--
       ``(A) The Administrator of the Office of Information and 
     Regulatory Affairs (in this subsection referred to as the 
     `Administrator') shall establish guidelines for the 
     assessment, including quantitative and qualitative 
     assessment, of--
       ``(i) the costs and benefits of proposed and final rules;
       ``(ii) other economic issues that are relevant to 
     rulemaking under this section or other sections of this 
     title; and
       ``(iii) risk assessments that are relevant to rulemaking 
     under this section and other sections of this title.
       ``(B) The rigor of cost-benefit analysis required by the 
     guidelines established under subparagraph (A) shall be 
     commensurate, as determined by the Administrator, with the 
     economic impact of the rule. Guidelines for risk assessment 
     shall include criteria for selecting studies and models, 
     evaluating and weighing evidence, and conducting peer 
     reviews.
       ``(C) The Administrator shall regularly update guidelines 
     established under subparagraph (A) to enable agencies to use 
     the best available techniques to quantify and evaluate 
     present and future benefits, costs, other economic issues, 
     and risks as objectively and accurately as practicable.
       ``(2) Simplification of rules.--The Administrator may issue 
     guidelines to promote coordination, simplification, and 
     harmonization of agency rules during the rulemaking process. 
     The guidelines shall advise each agency to avoid regulations 
     that are inconsistent or incompatible with, or duplicative 
     of, other regulations of the agency and those of other 
     Federal agencies, and to draft its regulations to be simple 
     and easy to understand, with the goal of minimizing the 
     potential for uncertainty and litigation arising from the 
     uncertainty.
       ``(3) Consistency in rulemaking.--
       ``(A) To promote consistency in Federal rulemaking, the 
     Administrator shall--
       ``(i) issue guidelines to ensure that rulemaking conducted 
     in whole or in part under procedures specified in provisions 
     of law other than those under this subchapter conform with 
     the procedures set forth in this section to the fullest 
     extent allowed by law; and
       ``(ii) issue guidelines for the conduct of hearings under 
     subsection (e), which shall provide a reasonable opportunity 
     for cross-examination.
       ``(B) Each agency shall adopt regulations for the conduct 
     of hearings consistent with the guidelines issued under this 
     paragraph.
       ``(k) Exemption for Monetary Policy.--Nothing in subsection 
     (b)(5), (d)(1)(E), (e), (f)(1), (f)(2)(C), or (f)(2)(D) shall 
     apply to a rulemaking that concerns monetary policy proposed 
     or implemented by the Board of Governors of the Federal 
     Reserve System or the Federal Open Market Committee.''.
       (d) Scope of Review.--Section 706 of title 5, United States 
     Code is amended--
       (1) by striking ``To the extent necessary'' and inserting 
     ``In General.--To the extent necessary''; and
       (2) by adding at the end the following:
       ``(b) Judicial Review.--The determination of whether a rule 
     is a major rule within the meaning of subparagraphs (B) and 
     (C) of section 551(17) shall not be subject to judicial 
     review.
       ``(c) Statement of Policy.--Agency guidance that does not 
     interpret a statute or regulation shall be reviewable only 
     under subsection (a)(2)(D).
       ``(d) Agency Interpretation of Rules.--The weight that a 
     court shall give an interpretation by an agency of its own 
     rule shall depend on the thoroughness evident in its 
     consideration, the validity of its reasoning, and its 
     consistency with earlier and later pronouncements.
       ``(e) Standard of Review.--A court shall review--
       ``(1) the denial of a petition by an agency under section 
     553(e) for whether the denial was based on substantial 
     evidence; and
       ``(2) any petition for review of a high-impact rule under 
     the substantial evidence standard, regardless of whether a 
     hearing was held under section 553(e).''.
       (e) Agency Guidance; Procedures to Issue Major Guidance; 
     Presidential Authority to Issue Guidelines for Issuance of 
     Guidance.--Section 553 of title 5, United States Code, as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(l) Agency Guidance; Procedures To Issue Major Guidance; 
     Authority To Issue Guidelines for Issuance of Guidance.--
       ``(1) Agency guidance shall--
       ``(A) not be used by an agency to foreclose consideration 
     of issues as to which the document expresses a conclusion;
       ``(B) state that it is not legally binding; and
       ``(C) at the time it is issued or upon request, be made 
     available by the issuing agency to interested persons and the 
     public.
       ``(2) Before issuing any major guidance, an agency shall--
       ``(A) make and document a reasoned determination that--
       ``(i) such guidance is understandable and complies with 
     relevant statutory objectives and regulatory provisions; and
       ``(ii) identifies the costs and benefits, including all 
     costs to be considered during a rulemaking under subsection 
     (b), of requiring conduct conforming to such guidance and 
     assures that such benefits justify such costs; and
       ``(B) confer with the Administrator of the Office of 
     Information and Regulatory Affairs on the issuance of the 
     major guidance to assure that the guidance is reasonable, 
     understandable, consistent with relevant statutory and 
     regulatory provisions and requirements or practices of other 
     agencies, does not produce costs that are unjustified by the 
     benefits of the major guidance, and is otherwise appropriate.
       ``(3) The Administrator of the Office of Information and 
     Regulatory Affairs shall issue updated guidelines for use by 
     the agencies in the issuance of guidance documents. The 
     guidelines shall advise each agency not to issue guidance 
     documents that are inconsistent or incompatible with, or 
     duplicative of, other regulations of the agency and those of 
     other Federal agencies, and to draft its guidance documents 
     to be simple and easy to understand, with the goal of 
     minimizing the potential for uncertainty and litigation 
     arising from the uncertainty.''.
       (f) Added Definition.--Section 701(b) of title 5, United 
     States Code, is amended--
       (1) in paragraph (1)(H), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) `substantial evidence' means such relevant evidence 
     as a reasonable mind might accept as adequate to support a 
     conclusion in light of the record considered as a whole, 
     taking into account whatever in the record fairly detracts 
     from the weight of the evidence relied upon by the agency to 
     support its decision.''.
       (g) Effective Date.--The amendments made by this section to 
     sections 553, 556,

[[Page 13030]]

     701(b), 704, and 706 of title 5, United States Code, shall 
     not apply to any rulemakings pending or completed on the date 
     of enactment of this Act.
                                 ______
                                 
  SA 3663. Mr. PORTMAN (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SECTION 4. FEDERAL PERMITTING IMPROVEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Federal Permitting Improvement Act of 2013''.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Agency cpo.--The term ``agency CPO'' means the chief 
     permitting officer of an agency designated by the head of the 
     agency under subsection (c)(2)(B)(i)(I).
       (3) Authorization.--The term ``authorization'' means--
       (A) any license, permit, approval, or other administrative 
     decision required or authorized to be issued by an agency 
     with respect to the siting, construction, reconstruction, or 
     commencement of operations of a covered project under Federal 
     law, whether administered by a Federal or State agency; or
       (B) any determination or finding required to be issued by 
     an agency--
       (i) as a precondition to an authorization described under 
     paragraph (A); or
       (ii) before an applicant may take a particular action with 
     respect to the siting, construction, reconstruction, or 
     commencement of operations of a covered project under Federal 
     law, whether administered by a Federal or State agency.
       (4) Council.--The term ``Council'' means the Federal 
     Infrastructure Permitting Improvement Council established by 
     subsection (c)(1).
       (5) Covered project.--
       (A) In general.--The term ``covered project'' means any 
     construction activity in the United States that requires 
     authorization or review by a Federal agency--
       (i) involving renewable or conventional energy production, 
     electricity transmission, surface transportation, aviation, 
     ports and waterways, water resource projects, broadband, 
     pipelines, manufacturing, or any other sector as determined 
     by the Federal CPO; and
       (ii) that is likely to require an initial investment of 
     more than $25,000,000, as determined by the Federal CPO.
       (B) Exclusion.--The term ``covered project'' does not 
     include any project subject to section 101(b)(4) of title 23, 
     United States Code.
       (6) Dashboard.--The term ``Dashboard'' means the Permitting 
     Dashboard required by subsection (e)(2).
       (7) Environmental assessment.--The term ``environmental 
     assessment'' means a concise public document for which a 
     Federal agency is responsible that serves--
       (A) to briefly provide sufficient evidence and analysis for 
     determining whether to prepare an environmental impact 
     statement or a finding of no significant impact;
       (B) to aid in the compliance of the agency with NEPA if an 
     environmental impact statement is not necessary; and
       (C) to facilitate preparation of an environmental impact 
     statement, if an environmental impact statement is necessary.
       (8) Environmental document.--The term ``environmental 
     document'' means an environmental assessment or environmental 
     impact statement.
       (9) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed 
     statement of significant environmental impacts required to be 
     prepared under NEPA.
       (10) Environmental review.--The term ``environmental 
     review'' means the agency procedures for preparing an 
     environmental impact statement, environmental assessment, 
     categorical exclusion, or other document required under NEPA.
       (11) Federal cpo.--The term ``Federal CPO'' means the 
     Federal Chief Permitting Officer appointed by the President 
     under subsection (c)(2)(A).
       (12) Inventory.--The term ``inventory'' means the inventory 
     of covered projects established by the Federal CPO under 
     subsection (c)(3)(A)(i).
       (13) Lead agency.--The term ``lead agency'' means the 
     agency with principal responsibility for review and 
     authorization of a covered project, as determined under 
     subsection (c)(3)(A)(ii).
       (14) NEPA.--The term ``NEPA'' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (15) Participating agency.--The term ``participating 
     agency'' means any agency participating in reviews or 
     authorizations for a particular covered project in accordance 
     with subsection (e).
       (16) Project sponsor.--The term ``project sponsor'' means 
     the entity, including any private, public, or public-private 
     entity, that seeks approval for a project.
       (c) Federal Permitting Improvement Council.--
       (1) Establishment.--There is established the Federal 
     Permitting Improvement Council.
       (2) Composition.--
       (A) Chair.--The President shall appoint an officer of the 
     Office of Management and Budget as the Federal Chief 
     Permitting Officer to serve as Chair of the Council, by and 
     with the advice and consent of the Senate.
       (B) Chief permitting officers.--
       (i) In general.--

       (I) Designation by head of agency.--Each individual listed 
     in clause (ii) shall designate a member of the agency in 
     which the individual serves to serve as the agency CPO.

       (II) Qualifications.--The agency CPO described in subclause 
     (I) shall hold a position in the agency of the equivalent of 
     a deputy secretary or higher.
       (III) Membership.--Each agency CPO described in subclause 
     (I) shall serve on the Council.

       (ii) Heads of agencies.--The individuals that shall each 
     designate an agency CPO under this clause are as follows:

       (I) The Secretary of Agriculture.
       (II) The Secretary of Commerce.
       (III) The Secretary of the Interior.
       (IV) The Secretary of Energy.
       (V) The Secretary of Transportation.
       (VI) The Secretary of Defense.
       (VII) The Administrator of the Environmental Protection 
     Agency.
       (VIII) The Chairman of the Federal Energy Regulatory 
     Commission.
       (IX) The Chairman of the Nuclear Regulatory Commission.
       (X) The Chairman of the Advisory Council on Historic 
     Preservation.
       (XI) Any other head of a Federal agency that the Federal 
     CPO may invite to participate as a member of the Council.

       (C) Chairman of the council on environmental quality.--In 
     addition to the members listed in subparagraphs (A) and (B), 
     the Chairman of the Council on Environmental Quality shall 
     also be a member of the Council.
       (3) Duties.--
       (A) Federal cpo.--
       (i) Inventory development.--The Federal CPO, in 
     consultation with the members of the Council, shall--

       (I) not later than 3 months after the date of enactment of 
     this Act, establish an inventory of covered projects that are 
     pending the review or authorization of the head of any 
     Federal agency;
       (II)(aa) categorize the projects in the inventory as 
     appropriate based on the project type; and
       (bb) for each category, identify the types of reviews and 
     authorizations most commonly involved; and
       (III) add covered projects to the inventory after the 
     Federal CPO receives a notice described in subsection 
     (e)(1)(A).

       (ii) Lead agency designation.--The Federal CPO, in 
     consultation with the Council, shall--

       (I) designate a lead agency for each category of covered 
     projects described in clause (i)(II); and
       (II) publish on an Internet website the designations and 
     categories in an easily accessible format.

       (iii) Performance schedules.--

       (I) In general.--The Federal CPO, in consultation with the 
     Council, shall develop nonbinding performance schedules, 
     including intermediate and final deadlines, for reviews and 
     authorizations for each category of covered projects 
     described in clause (i)(II).
       (II) Requirements.--

       (aa) In general.--The performance schedules shall reflect 
     employment of the use of the most efficient applicable 
     processes.
       (bb) Limit.--The final deadline for completion of any 
     review or authorization contained in the performance 
     schedules shall not be later than 180 days after the date on 
     which the completed application or request is filed.

       (III) Review and revision.--Not later than 2 years after 
     the date on which the performance schedules are established 
     under this clause, and not less frequently than once every 2 
     years thereafter, the Federal CPO, in consultation with the 
     Council, shall review and revise the performance schedules.

       (iv) Guidance.--The Federal CPO may issue circulars, 
     bulletins, guidelines, and other similar directives as 
     necessary to carry out responsibilities under this section 
     and to effectuate the adoption by agencies of the best 
     practices and recommendations of the Council described in 
     subparagraph (B).
       (B) Council.--
       (i) Recommendations.--

       (I) In general.--The Council shall make recommendations to 
     the Federal CPO with respect to the designations under 
     subparagraph (A)(ii) and the performance schedules under 
     subparagraph (A)(iii).
       (II) Update.--The Council may update the recommendations 
     described in subclause (I).

       (ii) Best practices.--Not later than 1 year after the date 
     of enactment of this Act, and at least annually thereafter, 
     the Council shall issue recommendations on the best practices 
     for--

       (I) early stakeholder engagement, including fully 
     considering and, as appropriate, incorporating 
     recommendations provided in

[[Page 13031]]

     public comments on any proposed covered project;
       (II) assuring timeliness of permitting and review 
     decisions;
       (III) coordination between Federal and non-Federal 
     governmental entities;
       (IV) transparency;
       (V) reduction of information collection requirements and 
     other administrative burdens on agencies, project sponsors, 
     and other interested parties;
       (VI) evaluating lead agencies and participating agencies 
     under this section; and
       (VII) other aspects of infrastructure permitting, as 
     determined by the Council.

       (d) Permitting Process Improvement.--
       (1) Project initiation and designation of participating 
     agencies.--
       (A) Notice.--
       (i) In general.--A project sponsor shall provide the 
     Federal CPO and the lead agency notice of the initiation of a 
     proposed covered project.
       (ii) Contents.--Each notice described in clause (i) shall 
     include--

       (I) a description, including the general location, of the 
     proposed project;
       (II) a statement of any Federal authorization or review 
     anticipated to be required for the proposed project; and
       (III) an assessment of the reasons why the proposed project 
     meets the definition of a covered project in subsection (b).

       (B) Invitation.--
       (i) In general.--Not later than 45 days after the date on 
     which a lead agency receives the notice under subparagraph 
     (A), the lead agency shall--

       (I) identify another agency that may have an interest in 
     the proposed project; and
       (II) invite the agency to become a participating agency in 
     the permitting management process and in the environmental 
     review process described in subsection (f).

       (ii) Deadlines.--Each invitation made under clause (i) 
     shall include a deadline for a response to be submitted to 
     the lead agency.
       (C) Participating agencies.--An agency invited under 
     subparagraph (B) shall be designated as a participating 
     agency for a covered project, unless the agency informs the 
     lead agency in writing before the deadline described in 
     subparagraph (B)(ii) that the agency--
       (i) has no jurisdiction or authority with respect to the 
     proposed project; or
       (ii) does not intend to exercise authority related to, or 
     submit comments on, the proposed project.
       (D) Effect of designation.--The designation described in 
     subparagraph (C) shall not give the participating agency 
     jurisdiction over the proposed project.
       (E) Change of lead agency.--
       (i) In general.--On the request of a lead agency, 
     participating agency, or project sponsor, the Federal CPO may 
     designate a different agency as the lead agency for a covered 
     project if the Federal CPO receives new information regarding 
     the scope or nature of a covered project that indicates that 
     the project should be placed in a different category under 
     subsection (c)(3)(A)(ii).
       (ii) Resolution of dispute.--Any dispute over designation 
     of a lead agency for a particular covered project shall be 
     resolved by the Federal CPO.
       (2) Permitting dashboard.--
       (A) Requirement to maintain.--
       (i) In general.--The Federal CPO, in coordination with the 
     Administrator of General Services, shall maintain an online 
     database to be known as the ``Permitting Dashboard'' to track 
     the status of Federal reviews and authorizations for any 
     covered project in the inventory.
       (ii) Specific and searchable entry.--The Dashboard shall 
     include a specific and searchable entry for each project.
       (B) Additions.--Not later than 7 days after the date on 
     which the Federal CPO receives a notice under paragraph 
     (1)(A), the Federal CPO shall create a specific entry on the 
     Dashboard for the project, unless the Federal CPO or lead 
     agency determines that the project is not a covered project.
       (C) Submissions by agencies.--The lead agency and each 
     participating agency shall submit to the Federal CPO for 
     posting on the Dashboard for each covered project--
       (i) any application and any supporting document submitted 
     by a project sponsor for any required Federal review or 
     authorization for the project;
       (ii) not later than 2 business days after the date on which 
     any agency action or decision that materially affects the 
     status of the project is made, a description, including 
     significant supporting documents, of the agency action or 
     decision; and
       (iii) the status of any litigation to which the agency is a 
     party that is directly related to the project, including, if 
     practicable, any judicial document made available on an 
     electronic docket maintained by a Federal, State, or local 
     court.
       (D) Postings by the federal cpo.--The Federal CPO shall 
     post on the Dashboard an entry for each covered project that 
     includes--
       (i) the information submitted under subparagraph (C)(i) not 
     later than 2 days after the date on which the Federal CPO 
     receives the information;
       (ii) a permitting timetable approved by the Federal CPO 
     under paragraph (3)(B)(iii);
       (iii) the status of the compliance of each participating 
     agency with the permitting timetable;
       (iv) any modifications of the permitting timetable; and
       (v) an explanation of each modification described in clause 
     (iv).
       (3) Coordination and timetables.--
       (A) Coordination plan.--
       (i) In general.--Not later than 60 days after the date on 
     which the lead agency receives a notice under paragraph 
     (1)(A), the lead agency, in consultation with each 
     participating agency, shall establish a concise plan for 
     coordinating public and agency participation in, and 
     completion of, any required Federal review and authorization 
     for the project.
       (ii) Memorandum of understanding.--The lead agency may 
     incorporate the coordination plan described in clause (i) 
     into a memorandum of understanding.
       (B) Permitting timetable.--
       (i) Establishment.--As part of the coordination plan 
     required by subparagraph (A), the lead agency, in 
     consultation with each participating agency, the project 
     sponsor, and the State in which the project is located, shall 
     establish a permitting timetable that includes intermediate 
     and final deadlines for action by each participating agency 
     on any Federal review or authorization required for the 
     project.
       (ii) Factors for consideration.--In establishing the 
     permitting timetable under clause (i), the lead agency shall 
     follow the performance schedules established under subsection 
     (c)(3)(A)(iii), but may vary the timetable based on relevant 
     factors, including--

       (I) the size and complexity of the covered project;
       (II) the resources available to each participating agency;
       (III) the regional or national economic significance of the 
     project;
       (IV) the sensitivity of the natural or historic resources 
     that may be affected by the project; and
       (V) the extent to which similar projects in geographic 
     proximity to the project were recently subject to 
     environmental review or similar procedures under State law.

       (iii) Approval by the federal cpo.--

       (I) Requirement to submit.--The lead agency shall promptly 
     submit to the Federal CPO a permitting timetable established 
     under clause (i) for review.
       (II) Revision and approval.--

       (aa) In general.--The Federal CPO, after consultation with 
     the lead agency, may revise the permitting timetable if the 
     Federal CPO determines that the timetable deviates without 
     reasonable justification from the performance schedule 
     established under subsection (c)(3)(A)(iii).
       (bb) No revision by federal cpo within 7 days.--If the 
     Federal CPO does not revise the permitting timetable earlier 
     than the date that is 7 days after the date on which the lead 
     agency submits to the Federal CPO the permitting timetable, 
     the permitting timetable shall be approved by the Federal 
     CPO.
       (iv) Modification after approval.--The lead agency may 
     modify a permitting timetable established under clause (i) 
     for good cause only if--

       (I) the lead agency and the affected participating agency 
     agree to a different deadline;
       (II) the lead agency or the affected participating agency 
     provides a written explanation of the justification for the 
     modification; and
       (III) the lead agency submits to the Federal CPO a 
     modification, which the Federal CPO may revise or disapprove.

       (v) Consistency with other time periods.--A permitting 
     timetable established under clause (i) shall be consistent 
     with any other relevant time periods established under 
     Federal law.
       (vi) Compliance.--

       (I) In general.--Each Federal participating agency shall 
     comply with the deadlines set forth in the permitting 
     timetable approved under clause (iii), or with any deadline 
     modified under clause (iv).
       (II) Failure to comply.--If a Federal participating agency 
     fails to comply with a deadline for agency action on a 
     covered project, the head of the participating agency shall--

       (aa) promptly report to the Federal CPO for posting on the 
     Dashboard an explanation of any specific reason for failing 
     to meet the deadline and a proposal for an alternative 
     deadline; and
       (bb) report to the Federal CPO for posting on the Dashboard 
     a monthly status report describing any agency activity 
     related to the project until the agency has taken final 
     action on the delayed authorization or review.
       (C) Cooperating state, local, or tribal governments.--
       (i) In general.--To the maximum extent practicable under 
     applicable Federal law, the lead agency shall coordinate the 
     Federal review and authorization process under this paragraph 
     with any State, local, or tribal agency responsible for 
     conducting any separate review or authorization of the 
     covered project to ensure timely and efficient review and 
     permitting decisions.
       (ii) Memorandum of understanding.--

       (I) In general.--Any coordination plan between the lead 
     agency and any State, local,

[[Page 13032]]

     or tribal agency shall, to the maximum extent practicable, be 
     included in a memorandum of understanding.
       (II) Submission to federal cpo.--A lead agency shall submit 
     to the Federal CPO each memorandum of understanding described 
     in subclause (I).
       (III) Post to dashboard.--The Federal CPO shall post to the 
     Dashboard each memorandum of understanding submitted under 
     subclause (II).

       (4) Early consultation.--The lead agency shall provide an 
     expeditious process for project sponsors to confer with each 
     participating agency involved and to have each participating 
     agency determine and communicate to the project sponsor, not 
     later than 60 days after the date on which the project 
     sponsor submits a request, information concerning--
       (A) the likelihood of approval for a potential covered 
     project; and
       (B) key issues of concern to each participating agency and 
     to the public.
       (5) Cooperating agency.--
       (A) In general.--A lead agency may designate a 
     participating agency as a cooperating agency in accordance 
     with part 1501 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (B) Effect on other designation.--The designation described 
     in subparagraph (A) shall not affect any designation under 
     paragraph (1)(C).
       (C) Limitation on designation.--Any agency not designated 
     as a participating agency under paragraph (1)(C) shall not be 
     designated as a cooperating agency under subparagraph (A).
       (e) Interstate Compacts.--The consent of Congress is given 
     for 3 or more contiguous States to enter into an interstate 
     compact establishing regional infrastructure development 
     agencies to facilitate authorization and review of covered 
     projects, under State law or in the exercise of delegated 
     permitting authority described under subsection (g), that 
     will advance infrastructure development, production, and 
     generation within the States that are parties to the compact.
       (f) Coordination of Required Reviews.--
       (1) Concurrent reviews.--Each agency shall, to the greatest 
     extent permitted by law--
       (A) carry out the obligations of the agency under other 
     applicable law concurrently, and in conjunction with other 
     reviews being conducted by other participating agencies, 
     including environmental reviews required under NEPA, unless 
     doing so would impair the ability of the agency to carry out 
     statutory obligations; and
       (B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       (2) Adoption and use of documents.--
       (A) State environmental documents; supplemental 
     documents.--
       (i) Use of existing documents.--On the request of a project 
     sponsor, a lead agency shall consider and, as appropriate, 
     adopt or incorporate, a document that has been prepared for a 
     project under State laws and procedures as the environmental 
     impact statement or environmental assessment for the project 
     if the State laws and procedures under which the document was 
     prepared provide, as determined by the lead agency in 
     consultation with the Council on Environmental Quality, 
     environmental protection and opportunities for public 
     participation that are substantially equivalent to NEPA.
       (ii) NEPA obligations.--An environmental document adopted 
     under clause (i) may serve as, or supplement, an 
     environmental impact statement or environmental assessment 
     required to be prepared by a lead agency under NEPA.
       (iii) Supplemental document.--In the case of an 
     environmental document described in clause (i), during the 
     period after preparation of the document and prior to the 
     adoption of the document by the lead agency, the lead agency 
     shall prepare and publish a supplemental document to the 
     document if the lead agency determines that--

       (I) a significant change has been made to the project that 
     is relevant for purposes of environmental review of the 
     project; or
       (II) there have been significant changes in circumstances 
     or availability of information relevant to the environmental 
     review for the project.

       (iv) Comments.--If a lead agency prepares and publishes a 
     supplemental document under clause (iii), the lead agency may 
     solicit comments from other agencies and the public on the 
     supplemental document for a period of not more than 30 days 
     beginning on the date on which the supplemental document is 
     published.
       (v) Record of decision.--A lead agency shall issue a record 
     of decision or finding of no significant impact, as 
     appropriate, based on the document adopted under clause (i) 
     and any supplemental document prepared under clause (iii).
       (3) Alternatives analysis.--
       (A) Participation.--As early as practicable during the 
     environmental review, but not later than the commencement of 
     scoping for a project requiring the preparation of an 
     environmental impact statement, the lead agency shall provide 
     an opportunity for the involvement of cooperating agencies in 
     determining the range of alternatives to be considered for a 
     project.
       (B) Range of alternatives.--Following participation under 
     subparagraph (A), the lead agency shall determine the range 
     of alternatives for consideration in any document that the 
     lead agency is responsible for preparing for the project.
       (C) Methodologies.--The lead agency shall determine, in 
     collaboration with each cooperating agency at appropriate 
     times during the environmental review, the methodologies to 
     be used and the level of detail required in the analysis of 
     each alternative for a project.
       (D) Preferred alternative.--At the discretion of the lead 
     agency, the preferred alternative for a project, after being 
     identified, may be developed to a higher level of detail than 
     other alternatives to facilitate the development of 
     mitigation measures or concurrent compliance with other 
     applicable laws if the lead agency determines that the 
     development of the higher level of detail will not prevent--
       (i) the lead agency from making an impartial decision as to 
     whether to accept another alternative that is being 
     considered in the environmental review; and
       (ii) the public from commenting on the preferred and other 
     alternatives
       (4) Environmental review comments.--
       (A) Comments on draft environmental impact statement.--For 
     comments by an agency or the public on a draft environmental 
     impact statement, the lead agency shall establish a comment 
     period of not more than 60 days after the date on which a 
     notice announcing availability of the environmental impact 
     statement is published in the Federal Register, unless--
       (i) the lead agency, the project sponsor, and each 
     participating agency agree to a different deadline; or
       (ii) the deadline is extended by the lead agency for good 
     cause.
       (B) Other comments.--For all other comment periods for 
     agency or public comments in the environmental review 
     process, the lead agency shall establish a comment period of 
     not later than 30 days after the date on which the materials 
     on which comment is requested are made available, unless--
       (i) the lead agency, the project sponsor, and each 
     participating agency agree to a different deadline; or
       (ii) the lead agency modifies the deadline for good cause.
       (5) Issue identification and resolution.--
       (A) Cooperation.--The lead agency and each participating 
     agency shall work cooperatively in accordance with this 
     subsection to identify and resolve issues that could delay 
     completion of the environmental review or could result in 
     denial of any approval required for the project under 
     applicable laws.
       (B) Lead agency responsibilities.--
       (i) In general.--The lead agency shall make information 
     available to each participating agency as early as 
     practicable in the environmental review regarding the 
     environmental, historic, and socioeconomic resources located 
     within the project area and the general locations of the 
     alternatives under consideration.
       (ii) Sources of information.--The information described in 
     clause (i) may be based on existing data sources, including 
     geographic information systems mapping.
       (C) Participating agency responsibilities.--Based on 
     information received from the lead agency under subparagraph 
     (B), each participating agency shall identify, as early as 
     practicable, any issues of concern, including any issues that 
     could substantially delay or prevent an agency from granting 
     a permit or other approval needed for the project, regarding 
     any potential environmental, historic, or socioeconomic 
     impacts of the project.
       (6) Categories of projects.--The authorities granted under 
     this subsection may be exercised for an individual project or 
     a category of projects.
       (g) Delegated State Permitting Programs.--If a Federal 
     statute permits a State to be delegated or otherwise 
     authorized by a Federal agency to issue or otherwise 
     administer a permit program in lieu of the Federal agency, 
     each member of the Council shall--
       (1) on publication by the Council of best practices under 
     subsection (c)(3)(B)(ii), initiate a process, with public 
     participation, to determine whether and the extent to which 
     any of the best practices are applicable to permitting under 
     the statute; and
       (2) not later than 2 years after the date of enactment of 
     this Act, make recommendations for State modifications of the 
     permit program to reflect the best practices described in 
     subsection (c)(3)(B)(ii), as appropriate.
       (h) Litigation, Judicial Review, and Savings Provision.--
       (1) Limitations on claims.--
       (A) In general.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of any authorization issued by a Federal agency for a 
     covered project shall be barred unless--
       (i) the action is filed not later than 150 days after the 
     date on which a notice is published in the Federal Register 
     that the authorization is final pursuant to the law

[[Page 13033]]

     under which the agency action is taken, unless a shorter time 
     is specified in the Federal law under which judicial review 
     is allowed; and
       (ii) in the case of an action pertaining to an 
     environmental review conducted under NEPA--

       (I) the action is filed by a party that submitted a comment 
     during the environmental review on the issue on which the 
     party seeks judicial review; and
       (II) the comment was sufficiently detailed to put the lead 
     agency on notice of the issue on which the party seeks 
     judicial review.

       (B) New information.--
       (i) In general.--The head of a lead agency or participating 
     agency shall consider new information received after the 
     close of a comment period if the information satisfies the 
     requirements under regulations implementing NEPA.
       (ii) Supplemental environmental impact statement.--If the 
     preparation of a supplemental environmental impact statement 
     is required, the preparation of the supplemental 
     environmental impact statement shall be considered a separate 
     final agency action and the deadline for filing a claim for 
     judicial review of the agency action shall be 150 days after 
     the date on which a notice announcing the agency action is 
     published in the Federal Register.
       (C) Rule of construction.--Nothing in this paragraph 
     creates a right to judicial review or places any limit on 
     filing a claim that a person has violated the terms of an 
     authorization.
       (2) Preliminary injunctive relief.--In addition to 
     considering any other applicable equitable factors, including 
     the effects on public health, safety, and the environment, in 
     any action seeking a temporary restraining order or 
     preliminary injunction against an agency or a project sponsor 
     in connection with review or authorization of a covered 
     project, the court shall--
       (A) consider the potential for significant job losses or 
     other economic harm resulting from an order or injunction; 
     and
       (B) not presume that the harms described in subparagraph 
     (A) are reparable.
       (3) Judicial review.--Except as provided in paragraph (1), 
     nothing in this section affects the reviewability of any 
     final Federal agency action in a court of the United States 
     or in the court of any State.
       (4) Savings clause.--Nothing in this section--
       (A) supersedes, amends, or modifies NEPA or any other 
     Federal environmental statute or affects the responsibility 
     of any Federal officer to comply with or enforce any statute; 
     or
       (B) creates a presumption that a covered project will be 
     approved or favorably reviewed by any agency.
       (5) Limitations.--Nothing in this subsection preempts, 
     limits, or interferes with--
       (A) any practice of seeking, considering, or responding to 
     public comment; or
       (B) any power, jurisdiction, responsibility, or authority 
     that a Federal, State, or local governmental agency, 
     metropolitan planning organization, Indian tribe, or project 
     sponsor has with respect to carrying out a project or any 
     other provisions of law applicable to any project, plan, or 
     program.
       (i) Report to Congress.--
       (1) In general.--Not later than April 15 of each year, the 
     Federal CPO shall submit to Congress a report detailing the 
     progress accomplished under this section during the previous 
     fiscal year.
       (2) Contents.--The report described in paragraph (1) shall 
     assess the performance of each participating agency and lead 
     agency based on the best practices described in subsection 
     (c)(3)(B)(ii).
       (3) Opportunity to include comments.--Each agency CPO shall 
     have the opportunity to include comments concerning the 
     performance of the agency in the report described in 
     paragraph (1).
       (j) Application.--This section applies to any covered 
     project for which an application or request for a Federal 
     authorization is pending before a Federal agency 90 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3664. Mr. HATCH (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE II--TRADE PROMOTION AUTHORITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Bipartisan Congressional 
     Trade Priorities Act of 2014''.

     SEC. 202. TRADE NEGOTIATING OBJECTIVES.

       (a) Overall Trade Negotiating Objectives.--The overall 
     trade negotiating objectives of the United States for 
     agreements subject to the provisions of section 203 are--
       (1) to obtain more open, equitable, and reciprocal market 
     access;
       (2) to obtain the reduction or elimination of barriers and 
     distortions that are directly related to trade and investment 
     and that decrease market opportunities for United States 
     exports or otherwise distort United States trade;
       (3) to further strengthen the system of international trade 
     and investment disciplines and procedures, including dispute 
     settlement;
       (4) to foster economic growth, raise living standards, 
     enhance the competitiveness of the United States, promote 
     full employment in the United States, and enhance the global 
     economy;
       (5) to ensure that trade and environmental policies are 
     mutually supportive and to seek to protect and preserve the 
     environment and enhance the international means of doing so, 
     while optimizing the use of the world's resources;
       (6) to promote respect for worker rights and the rights of 
     children consistent with core labor standards of the ILO (as 
     set out in section 11(7)) and an understanding of the 
     relationship between trade and worker rights;
       (7) to seek provisions in trade agreements under which 
     parties to those agreements ensure that they do not weaken or 
     reduce the protections afforded in domestic environmental and 
     labor laws as an encouragement for trade;
       (8) to ensure that trade agreements afford small businesses 
     equal access to international markets, equitable trade 
     benefits, and expanded export market opportunities, and 
     provide for the reduction or elimination of trade and 
     investment barriers that disproportionately impact small 
     businesses;
       (9) to promote universal ratification and full compliance 
     with ILO Convention No. 182 Concerning the Prohibition and 
     Immediate Action for the Elimination of the Worst Forms of 
     Child Labor;
       (10) to ensure that trade agreements reflect and facilitate 
     the increasingly interrelated, multi-sectoral nature of trade 
     and investment activity;
       (11) to ensure implementation of trade commitments and 
     obligations by strengthening the effective operation of legal 
     regimes and the rule of law by trading partners of the United 
     States through capacity building and other appropriate means;
       (12) to recognize the growing significance of the Internet 
     as a trading platform in international commerce; and
       (13) to take into account other legitimate United States 
     domestic objectives, including, but not limited to, the 
     protection of legitimate health or safety, essential 
     security, and consumer interests and the law and regulations 
     related thereto.
       (b) Principal Trade Negotiating Objectives.--
       (1) Trade in goods.--The principal negotiating objectives 
     of the United States regarding trade in goods are--
       (A) to expand competitive market opportunities for exports 
     of goods from the United States and to obtain fairer and more 
     open conditions of trade, including through the utilization 
     of global value chains, by reducing or eliminating tariff and 
     nontariff barriers and policies and practices of foreign 
     governments directly related to trade that decrease market 
     opportunities for United States exports or otherwise distort 
     United States trade; and
       (B) to obtain reciprocal tariff and nontariff barrier 
     elimination agreements, including with respect to those 
     tariff categories covered in section 111(b) of the Uruguay 
     Round Agreements Act (19 U.S.C. 3521(b)).
       (2) Trade in services.--(A) The principal negotiating 
     objective of the United States regarding trade in services is 
     to expand competitive market opportunities for United States 
     services and to obtain fairer and more open conditions of 
     trade, including through utilization of global value chains, 
     by reducing or eliminating barriers to international trade in 
     services, such as regulatory and other barriers that deny 
     national treatment and market access or unreasonably restrict 
     the establishment or operations of service suppliers.
       (B) Recognizing that expansion of trade in services 
     generates benefits for all sectors of the economy and 
     facilitates trade, the objective described in subparagraph 
     (A) should be pursued through all means, including through a 
     plurilateral agreement with those countries willing and able 
     to undertake high standard services commitments for both 
     existing and new services.
       (3) Trade in agriculture.--The principal negotiating 
     objective of the United States with respect to agriculture is 
     to obtain competitive opportunities for United States exports 
     of agricultural commodities in foreign markets substantially 
     equivalent to the competitive opportunities afforded foreign 
     exports in United States markets and to achieve fairer and 
     more open conditions of trade in bulk, specialty crop, and 
     value added commodities by--
       (A) securing more open and equitable market access through 
     robust rules on sanitary and phytosanitary measures that--
       (i) encourage the adoption of international standards and 
     require a science-based justification be provided for a 
     sanitary or phytosanitary measure if the measure is more 
     restrictive than the applicable international standard;
       (ii) improve regulatory coherence, promote the use of 
     systems-based approaches, and appropriately recognize the 
     equivalence of health and safety protection systems of 
     exporting countries;
       (iii) require that measures are transparently developed and 
     implemented, are based on risk assessments that take into 
     account relevant international guidelines and

[[Page 13034]]

     scientific data, and are not more restrictive on trade than 
     necessary to meet the intended purpose; and
       (iv) improve import check processes, including testing 
     methodologies and procedures, and certification requirements,
     while recognizing that countries may put in place measures to 
     protect human, animal or plant life or health in a manner 
     consistent with their international obligations, including 
     the WTO Agreement on the Application of Sanitary and 
     Phytosanitary Measures (referred to in section 101(d)(3) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(3)));
       (B) reducing or eliminating, by a date certain, tariffs or 
     other charges that decrease market opportunities for United 
     States exports--
       (i) giving priority to those products that are subject to 
     significantly higher tariffs or subsidy regimes of major 
     producing countries; and
       (ii) providing reasonable adjustment periods for United 
     States import sensitive products, in close consultation with 
     Congress on such products before initiating tariff reduction 
     negotiations;
       (C) reducing tariffs to levels that are the same as or 
     lower than those in the United States;
       (D) reducing or eliminating subsidies that decrease market 
     opportunities for United States exports or unfairly distort 
     agriculture markets to the detriment of the United States;
       (E) allowing the preservation of programs that support 
     family farms and rural communities but do not distort trade;
       (F) developing disciplines for domestic support programs, 
     so that production that is in excess of domestic food 
     security needs is sold at world prices;
       (G) eliminating government policies that create price 
     depressing surpluses;
       (H) eliminating state trading enterprises whenever 
     possible;
       (I) developing, strengthening, and clarifying rules to 
     eliminate practices that unfairly decrease United States 
     market access opportunities or distort agricultural markets 
     to the detriment of the United States, and ensuring that such 
     rules are subject to efficient, timely, and effective dispute 
     settlement, including--
       (i) unfair or trade distorting activities of state trading 
     enterprises and other administrative mechanisms, with 
     emphasis on requiring price transparency in the operation of 
     state trading enterprises and such other mechanisms in order 
     to end cross subsidization, price discrimination, and price 
     undercutting;
       (ii) unjustified trade restrictions or commercial 
     requirements, such as labeling, that affect new technologies, 
     including biotechnology;
       (iii) unjustified sanitary or phytosanitary restrictions, 
     including restrictions not based on scientific principles in 
     contravention of obligations in the Uruguay Round Agreements 
     or bilateral or regional trade agreements;
       (iv) other unjustified technical barriers to trade; and
       (v) restrictive rules in the administration of tariff rate 
     quotas;
       (J) eliminating practices that adversely affect trade in 
     perishable or cyclical products, while improving import 
     relief mechanisms to recognize the unique characteristics of 
     perishable and cyclical agriculture;
       (K) ensuring that import relief mechanisms for perishable 
     and cyclical agriculture are as accessible and timely to 
     growers in the United States as those mechanisms that are 
     used by other countries;
       (L) taking into account whether a party to the negotiations 
     has failed to adhere to the provisions of already existing 
     trade agreements with the United States or has circumvented 
     obligations under those agreements;
       (M) taking into account whether a product is subject to 
     market distortions by reason of a failure of a major 
     producing country to adhere to the provisions of already 
     existing trade agreements with the United States or by the 
     circumvention by that country of its obligations under those 
     agreements;
       (N) otherwise ensuring that countries that accede to the 
     World Trade Organization have made meaningful market 
     liberalization commitments in agriculture;
       (O) taking into account the impact that agreements covering 
     agriculture to which the United States is a party have on the 
     United States agricultural industry;
       (P) maintaining bona fide food assistance programs, market 
     development programs, and export credit programs;
       (Q) seeking to secure the broadest market access possible 
     in multilateral, regional, and bilateral negotiations, 
     recognizing the effect that simultaneous sets of negotiations 
     may have on United States import sensitive commodities 
     (including those subject to tariff rate quotas);
       (R) seeking to develop an international consensus on the 
     treatment of seasonal or perishable agricultural products in 
     investigations relating to dumping and safeguards and in any 
     other relevant area;
       (S) seeking to establish the common base year for 
     calculating the Aggregated Measurement of Support (as defined 
     in the Agreement on Agriculture) as the end of each country's 
     Uruguay Round implementation period, as reported in each 
     country's Uruguay Round market access schedule;
       (T) ensuring transparency in the administration of tariff 
     rate quotas through multilateral, plurilateral, and bilateral 
     negotiations; and
       (U) eliminating and preventing the undermining of market 
     access for United States products through improper use of a 
     country's system for protecting or recognizing geographical 
     indications, including failing to ensure transparency and 
     procedural fairness and protecting generic terms.
       (4) Foreign investment.--Recognizing that United States law 
     on the whole provides a high level of protection for 
     investment, consistent with or greater than the level 
     required by international law, the principal negotiating 
     objectives of the United States regarding foreign investment 
     are to reduce or eliminate artificial or trade distorting 
     barriers to foreign investment, while ensuring that foreign 
     investors in the United States are not accorded greater 
     substantive rights with respect to investment protections 
     than United States investors in the United States, and to 
     secure for investors important rights comparable to those 
     that would be available under United States legal principles 
     and practice, by--
       (A) reducing or eliminating exceptions to the principle of 
     national treatment;
       (B) freeing the transfer of funds relating to investments;
       (C) reducing or eliminating performance requirements, 
     forced technology transfers, and other unreasonable barriers 
     to the establishment and operation of investments;
       (D) seeking to establish standards for expropriation and 
     compensation for expropriation, consistent with United States 
     legal principles and practice;
       (E) seeking to establish standards for fair and equitable 
     treatment consistent with United States legal principles and 
     practice, including the principle of due process;
       (F) providing meaningful procedures for resolving 
     investment disputes;
       (G) seeking to improve mechanisms used to resolve disputes 
     between an investor and a government through--
       (i) mechanisms to eliminate frivolous claims and to deter 
     the filing of frivolous claims;
       (ii) procedures to ensure the efficient selection of 
     arbitrators and the expeditious disposition of claims;
       (iii) procedures to enhance opportunities for public input 
     into the formulation of government positions; and
       (iv) providing for an appellate body or similar mechanism 
     to provide coherence to the interpretations of investment 
     provisions in trade agreements; and
       (H) ensuring the fullest measure of transparency in the 
     dispute settlement mechanism, to the extent consistent with 
     the need to protect information that is classified or 
     business confidential, by--
       (i) ensuring that all requests for dispute settlement are 
     promptly made public;
       (ii) ensuring that--

       (I) all proceedings, submissions, findings, and decisions 
     are promptly made public; and
       (II) all hearings are open to the public; and

       (iii) establishing a mechanism for acceptance of amicus 
     curiae submissions from businesses, unions, and 
     nongovernmental organizations.
       (5) Intellectual property.--The principal negotiating 
     objectives of the United States regarding trade related 
     intellectual property are--
       (A) to further promote adequate and effective protection of 
     intellectual property rights, including through--
       (i)(I) ensuring accelerated and full implementation of the 
     Agreement on Trade Related Aspects of Intellectual Property 
     Rights referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(15)), particularly with 
     respect to meeting enforcement obligations under that 
     agreement; and
       (II) ensuring that the provisions of any trade agreement 
     governing intellectual property rights that is entered into 
     by the United States reflect a standard of protection similar 
     to that found in United States law;
       (ii) providing strong protection for new and emerging 
     technologies and new methods of transmitting and distributing 
     products embodying intellectual property, including in a 
     manner that facilitates legitimate digital trade;
       (iii) preventing or eliminating discrimination with respect 
     to matters affecting the availability, acquisition, scope, 
     maintenance, use, and enforcement of intellectual property 
     rights;
       (iv) ensuring that standards of protection and enforcement 
     keep pace with technological developments, and in particular 
     ensuring that rightholders have the legal and technological 
     means to control the use of their works through the Internet 
     and other global communication media, and to prevent the 
     unauthorized use of their works;
       (v) providing strong enforcement of intellectual property 
     rights, including through accessible, expeditious, and 
     effective civil, administrative, and criminal enforcement 
     mechanisms; and
       (vi) preventing or eliminating government involvement in 
     the violation of intellectual property rights, including 
     cyber theft and piracy;

[[Page 13035]]

       (B) to secure fair, equitable, and nondiscriminatory market 
     access opportunities for United States persons that rely upon 
     intellectual property protection; and
       (C) to respect the Declaration on the TRIPS Agreement and 
     Public Health, adopted by the World Trade Organization at the 
     Fourth Ministerial Conference at Doha, Qatar on November 14, 
     2001, and to ensure that trade agreements foster innovation 
     and promote access to medicines.
       (6) Digital trade in goods and services and cross-border 
     data flows.--The principal negotiating objectives of the 
     United States with respect to digital trade in goods and 
     services, as well as cross-border data flows, are--
       (A) to ensure that current obligations, rules, disciplines, 
     and commitments under the World Trade Organization and 
     bilateral and regional trade agreements apply to digital 
     trade in goods and services and to cross-border data flows;
       (B) to ensure that--
       (i) electronically delivered goods and services receive no 
     less favorable treatment under trade rules and commitments 
     than like products delivered in physical form; and
       (ii) the classification of such goods and services ensures 
     the most liberal trade treatment possible, fully encompassing 
     both existing and new trade;
       (C) to ensure that governments refrain from implementing 
     trade related measures that impede digital trade in goods and 
     services, restrict cross-border data flows, or require local 
     storage or processing of data;
       (D) with respect to subparagraphs (A) through (C), where 
     legitimate policy objectives require domestic regulations 
     that affect digital trade in goods and services or cross-
     border data flows, to obtain commitments that any such 
     regulations are the least restrictive on trade, 
     nondiscriminatory, and transparent, and promote an open 
     market environment; and
       (E) to extend the moratorium of the World Trade 
     Organization on duties on electronic transmissions.
       (7) Regulatory practices.--The principal negotiating 
     objectives of the United States regarding the use of 
     government regulation or other practices to reduce market 
     access for United States goods, services, and investments 
     are--
       (A) to achieve increased transparency and opportunity for 
     the participation of affected parties in the development of 
     regulations;
       (B) to require that proposed regulations be based on sound 
     science, cost benefit analysis, risk assessment, or other 
     objective evidence;
       (C) to establish consultative mechanisms and seek other 
     commitments, as appropriate, to improve regulatory practices 
     and promote increased regulatory coherence, including 
     through--
       (i) transparency in developing guidelines, rules, 
     regulations, and laws for government procurement and other 
     regulatory regimes;
       (ii) the elimination of redundancies in testing and 
     certification;
       (iii) early consultations on significant regulations;
       (iv) the use of impact assessments;
       (v) the periodic review of existing regulatory measures; 
     and
       (vi) the application of good regulatory practices;
       (D) to seek greater openness, transparency, and convergence 
     of standards-development processes, and enhance cooperation 
     on standards issues globally;
       (E) to promote regulatory compatibility through 
     harmonization, equivalence, or mutual recognition of 
     different regulations and standards and to encourage the use 
     of international and interoperable standards, as appropriate;
       (F) to achieve the elimination of government measures such 
     as price controls and reference pricing which deny full 
     market access for United States products;
       (G) to ensure that government regulatory reimbursement 
     regimes are transparent, provide procedural fairness, are 
     non-discriminatory, and provide full market access for United 
     States products; and
       (H) to ensure that foreign governments--
       (i) demonstrate that the collection of undisclosed 
     proprietary information is limited to that necessary to 
     satisfy a legitimate and justifiable regulatory interest; and
       (ii) protect such information against disclosure, except in 
     exceptional circumstances to protect the public, or where 
     such information is effectively protected against unfair 
     competition.
       (8) State-owned and state-controlled enterprises.--The 
     principal negotiating objective of the United States 
     regarding competition by state-owned and state-controlled 
     enterprises is to seek commitments that--
       (A) eliminate or prevent trade distortions and unfair 
     competition favoring state-owned and state-controlled 
     enterprises to the extent of their engagement in commercial 
     activity, and
       (B) ensure that such engagement is based solely on 
     commercial considerations,
     in particular through disciplines that eliminate or prevent 
     discrimination and market-distorting subsidies and that 
     promote transparency.
       (9) Localization barriers to trade.--The principal 
     negotiating objective of the United States with respect to 
     localization barriers is to eliminate and prevent measures 
     that require United States producers and service providers to 
     locate facilities, intellectual property, or other assets in 
     a country as a market access or investment condition, 
     including indigenous innovation measures.
       (10) Labor and the environment.--The principal negotiating 
     objectives of the United States with respect to labor and the 
     environment are--
       (A) to ensure that a party to a trade agreement with the 
     United States--
       (i) adopts and maintains measures implementing 
     internationally recognized core labor standards (as defined 
     in section 211(17)) and its obligations under common 
     multilateral environmental agreements (as defined in section 
     211(6)),
       (ii) does not waive or otherwise derogate from, or offer to 
     waive or otherwise derogate from--

       (I) its statutes or regulations implementing 
     internationally recognized core labor standards (as defined 
     in section 211(17)), in a manner affecting trade or 
     investment between the United States and that party, where 
     the waiver or derogation would be inconsistent with one or 
     more such standards, or
       (II) its environmental laws in a manner that weakens or 
     reduces the protections afforded in those laws and in a 
     manner affecting trade or investment between the United 
     States and that party, except as provided in its law and 
     provided not inconsistent with its obligations under common 
     multilateral environmental agreements (as defined in section 
     211(6)) or other provisions of the trade agreement 
     specifically agreed upon, and

       (iii) does not fail to effectively enforce its 
     environmental or labor laws, through a sustained or recurring 
     course of action or inaction,
     in a manner affecting trade or investment between the United 
     States and that party after entry into force of a trade 
     agreement between those countries;
       (B) to recognize that--
       (i) with respect to environment, parties to a trade 
     agreement retain the right to exercise prosecutorial 
     discretion and to make decisions regarding the allocation of 
     enforcement resources with respect to other environmental 
     laws determined to have higher priorities, and a party is 
     effectively enforcing its laws if a course of action or 
     inaction reflects a reasonable, bona fide exercise of such 
     discretion, or results from a reasonable, bona fide decision 
     regarding the allocation of resources; and
       (ii) with respect to labor, decisions regarding the 
     distribution of enforcement resources are not a reason for 
     not complying with a party's labor obligations; a party to a 
     trade agreement retains the right to reasonable exercise of 
     discretion and to make bona fide decisions regarding the 
     allocation of resources between labor enforcement activities 
     among core labor standards, provided the exercise of such 
     discretion and such decisions are not inconsistent with its 
     obligations;
       (C) to strengthen the capacity of United States trading 
     partners to promote respect for core labor standards (as 
     defined in section 211(17));
       (D) to strengthen the capacity of United States trading 
     partners to protect the environment through the promotion of 
     sustainable development;
       (E) to reduce or eliminate government practices or policies 
     that unduly threaten sustainable development;
       (F) to seek market access, through the elimination of 
     tariffs and nontariff barriers, for United States 
     environmental technologies, goods, and services;
       (G) to ensure that labor, environmental, health, or safety 
     policies and practices of the parties to trade agreements 
     with the United States do not arbitrarily or unjustifiably 
     discriminate against United States exports or serve as 
     disguised barriers to trade;
       (H) to ensure that enforceable labor and environment 
     obligations are subject to the same dispute settlement and 
     remedies as other enforceable obligations under the 
     agreement; and
       (I) to ensure that a trade agreement is not construed to 
     empower a party's authorities to undertake labor or 
     environmental law enforcement activities in the territory of 
     the United States.
       (11) Currency.--The principal negotiating objective of the 
     United States with respect to currency practices is that 
     parties to a trade agreement with the United States avoid 
     manipulating exchange rates in order to prevent effective 
     balance of payments adjustment or to gain an unfair 
     competitive advantage over other parties to the agreement, 
     such as through cooperative mechanisms, enforceable rules, 
     reporting, monitoring, transparency, or other means, as 
     appropriate.
       (12) WTO and multilateral trade agreements.--Recognizing 
     that the World Trade Organization is the foundation of the 
     global trading system, the principal negotiating objectives 
     of the United States regarding the World Trade Organization, 
     the Uruguay Round Agreements, and other multilateral and 
     plurilateral trade agreements are--
       (A) to achieve full implementation and extend the coverage 
     of the World Trade Organization and multilateral and 
     plurilateral agreements to products, sectors, and conditions 
     of trade not adequately covered;

[[Page 13036]]

       (B) to expand country participation in and enhancement of 
     the Information Technology Agreement, the Government 
     Procurement Agreement, and other plurilateral trade 
     agreements of the World Trade Organization;
       (C) to expand competitive market opportunities for United 
     States exports and to obtain fairer and more open conditions 
     of trade, including through utilization of global value 
     chains, through the negotiation of new WTO multilateral and 
     plurilateral trade agreements, such as an agreement on trade 
     facilitation;
       (D) to ensure that regional trade agreements to which the 
     United States is not a party fully achieve the high standards 
     of, and comply with, WTO disciplines including Article XXIV 
     of GATT 1994, Article V and V bis of the General Agreement on 
     Trade in Services, and the Enabling Clause, including through 
     meaningful WTO review of such regional trade agreements;
       (E) to enhance compliance by WTO members with their 
     obligations as WTO members through active participation in 
     the bodies of the World Trade Organization by the United 
     States and all other WTO members, including in the trade 
     policy review mechanism and the committee system of the World 
     Trade Organization, and by working to increase the 
     effectiveness of such bodies; and
       (F) to encourage greater cooperation between the World 
     Trade Organization and other international organizations.
       (13) Trade institution transparency.--The principal 
     negotiating objective of the United States with respect to 
     transparency is to obtain wider and broader application of 
     the principle of transparency in the World Trade 
     Organization, entities established under bilateral and 
     regional trade agreements, and other international trade fora 
     through seeking--
       (A) timely public access to information regarding trade 
     issues and the activities of such institutions;
       (B) openness by ensuring public access to appropriate 
     meetings, proceedings, and submissions, including with regard 
     to trade and investment dispute settlement; and
       (C) public access to all notifications and supporting 
     documentation submitted by WTO members.
       (14) Anti-corruption.--The principal negotiating objectives 
     of the United States with respect to the use of money or 
     other things of value to influence acts, decisions, or 
     omissions of foreign governments or officials or to secure 
     any improper advantage in a manner affecting trade are--
       (A) to obtain high standards and effective domestic 
     enforcement mechanisms applicable to persons from all 
     countries participating in the applicable trade agreement 
     that prohibit such attempts to influence acts, decisions, or 
     omissions of foreign governments;
       (B) to ensure that such standards level the playing field 
     for United States persons in international trade and 
     investment; and
       (C) to seek commitments to work jointly to encourage and 
     support anti-corruption and anti-bribery initiatives in 
     international trade fora, including through the Convention on 
     Combating Bribery of Foreign Public Officials in 
     International Business Transactions of the Organization for 
     Economic Cooperation and Development, done at Paris December 
     17, 1997 (commonly known as the ``OECD Anti-Bribery 
     Convention'').
       (15) Dispute settlement and enforcement.--The principal 
     negotiating objectives of the United States with respect to 
     dispute settlement and enforcement of trade agreements are--
       (A) to seek provisions in trade agreements providing for 
     resolution of disputes between governments under those trade 
     agreements in an effective, timely, transparent, equitable, 
     and reasoned manner, requiring determinations based on facts 
     and the principles of the agreements, with the goal of 
     increasing compliance with the agreements;
       (B) to seek to strengthen the capacity of the Trade Policy 
     Review Mechanism of the World Trade Organization to review 
     compliance with commitments;
       (C) to seek adherence by panels convened under the Dispute 
     Settlement Understanding and by the Appellate Body to--
       (i) the mandate of those panels and the Appellate Body to 
     apply the WTO Agreement as written, without adding to or 
     diminishing rights and obligations under the Agreement; and
       (ii) the standard of review applicable under the Uruguay 
     Round Agreement involved in the dispute, including greater 
     deference, where appropriate, to the fact finding and 
     technical expertise of national investigating authorities;
       (D) to seek provisions encouraging the early identification 
     and settlement of disputes through consultation;
       (E) to seek provisions to encourage the provision of trade 
     expanding compensation if a party to a dispute under the 
     agreement does not come into compliance with its obligations 
     under the agreement;
       (F) to seek provisions to impose a penalty upon a party to 
     a dispute under the agreement that--
       (i) encourages compliance with the obligations of the 
     agreement;
       (ii) is appropriate to the parties, nature, subject matter, 
     and scope of the violation; and
       (iii) has the aim of not adversely affecting parties or 
     interests not party to the dispute while maintaining the 
     effectiveness of the enforcement mechanism; and
       (G) to seek provisions that treat United States principal 
     negotiating objectives equally with respect to--
       (i) the ability to resort to dispute settlement under the 
     applicable agreement;
       (ii) the availability of equivalent dispute settlement 
     procedures; and
       (iii) the availability of equivalent remedies.
       (16) Trade remedy laws.--The principal negotiating 
     objectives of the United States with respect to trade remedy 
     laws are--
       (A) to preserve the ability of the United States to enforce 
     rigorously its trade laws, including the antidumping, 
     countervailing duty, and safeguard laws, and avoid agreements 
     that lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies, or that lessen the effectiveness of domestic and 
     international safeguard provisions, in order to ensure that 
     United States workers, agricultural producers, and firms can 
     compete fully on fair terms and enjoy the benefits of 
     reciprocal trade concessions; and
       (B) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market access barriers.
       (17) Border taxes.--The principal negotiating objective of 
     the United States regarding border taxes is to obtain a 
     revision of the rules of the World Trade Organization with 
     respect to the treatment of border adjustments for internal 
     taxes to redress the disadvantage to countries relying 
     primarily on direct taxes for revenue rather than indirect 
     taxes.
       (18) Textile negotiations.--The principal negotiating 
     objectives of the United States with respect to trade in 
     textiles and apparel articles are to obtain competitive 
     opportunities for United States exports of textiles and 
     apparel in foreign markets substantially equivalent to the 
     competitive opportunities afforded foreign exports in United 
     States markets and to achieve fairer and more open conditions 
     of trade in textiles and apparel.
       (c) Capacity Building and Other Priorities.--In order to 
     address and maintain United States competitiveness in the 
     global economy, the President shall--
       (1) direct the heads of relevant Federal agencies--
       (A) to work to strengthen the capacity of United States 
     trading partners to carry out obligations under trade 
     agreements by consulting with any country seeking a trade 
     agreement with the United States concerning that country's 
     laws relating to customs and trade facilitation, sanitary and 
     phytosanitary measures, technical barriers to trade, 
     intellectual property rights, labor, and the environment; and
       (B) to provide technical assistance to that country if 
     needed;
       (2) seek to establish consultative mechanisms among parties 
     to trade agreements to strengthen the capacity of United 
     States trading partners to develop and implement standards 
     for the protection of the environment and human health based 
     on sound science; and
       (3) promote consideration of multilateral environmental 
     agreements and consult with parties to such agreements 
     regarding the consistency of any such agreement that includes 
     trade measures with existing environmental exceptions under 
     Article XX of GATT 1994.

     SEC. 203. TRADE AGREEMENTS AUTHORITY.

       (a) Agreements Regarding Tariff Barriers.--
       (1) In general.--Whenever the President determines that one 
     or more existing duties or other import restrictions of any 
     foreign country or the United States are unduly burdening and 
     restricting the foreign trade of the United States and that 
     the purposes, policies, priorities, and objectives of this 
     title will be promoted thereby, the President--
       (A) may enter into trade agreements with foreign countries 
     before--
       (i) July 1, 2018; or
       (ii) July 1, 2021, if trade authorities procedures are 
     extended under subsection (c); and
       (B) may, subject to paragraphs (2) and (3), proclaim--
       (i) such modification or continuance of any existing duty,
       (ii) such continuance of existing duty free or excise 
     treatment, or
       (iii) such additional duties,
     as the President determines to be required or appropriate to 
     carry out any such trade agreement.
     Substantial modifications to, or substantial additional 
     provisions of, a trade agreement entered into after July 1, 
     2018, or July 1, 2021, if trade authorities procedures are 
     extended under subsection (c), shall not be eligible for 
     approval under this title.
       (2) Notification.--The President shall notify Congress of 
     the President's intention to enter into an agreement under 
     this subsection.
       (3) Limitations.--No proclamation may be made under 
     paragraph (1) that--
       (A) reduces any rate of duty (other than a rate of duty 
     that does not exceed 5 percent ad valorem on the date of the 
     enactment of

[[Page 13037]]

     this Act) to a rate of duty which is less than 50 percent of 
     the rate of such duty that applies on such date of enactment;
       (B) reduces the rate of duty below that applicable under 
     the Uruguay Round Agreements or a successor agreement, on any 
     import sensitive agricultural product; or
       (C) increases any rate of duty above the rate that applied 
     on the date of the enactment of this Act.
       (4) Aggregate reduction; exemption from staging.--
       (A) Aggregate reduction.--Except as provided in 
     subparagraph (B), the aggregate reduction in the rate of duty 
     on any article which is in effect on any day pursuant to a 
     trade agreement entered into under paragraph (1) shall not 
     exceed the aggregate reduction which would have been in 
     effect on such day if--
       (i) a reduction of 3 percent ad valorem or a reduction of 
     \1/10\ of the total reduction, whichever is greater, had 
     taken effect on the effective date of the first reduction 
     proclaimed under paragraph (1) to carry out such agreement 
     with respect to such article; and
       (ii) a reduction equal to the amount applicable under 
     clause (i) had taken effect at 1-year intervals after the 
     effective date of such first reduction.
       (B) Exemption from staging.--No staging is required under 
     subparagraph (A) with respect to a duty reduction that is 
     proclaimed under paragraph (1) for an article of a kind that 
     is not produced in the United States. The United States 
     International Trade Commission shall advise the President of 
     the identity of articles that may be exempted from staging 
     under this subparagraph.
       (5) Rounding.--If the President determines that such action 
     will simplify the computation of reductions under paragraph 
     (4), the President may round an annual reduction by an amount 
     equal to the lesser of--
       (A) the difference between the reduction without regard to 
     this paragraph and the next lower whole number; or
       (B) \1/2\ of 1 percent ad valorem.
       (6) Other limitations.--A rate of duty reduction that may 
     not be proclaimed by reason of paragraph (3) may take effect 
     only if a provision authorizing such reduction is included 
     within an implementing bill provided for under section 206 
     and that bill is enacted into law.
       (7) Other tariff modifications.--Notwithstanding paragraphs 
     (1)(B), (3)(A), (3)(C), and (4) through (6), and subject to 
     the consultation and layover requirements of section 115 of 
     the Uruguay Round Agreements Act (19 U.S.C. 3524), the 
     President may proclaim the modification of any duty or staged 
     rate reduction of any duty set forth in Schedule XX, as 
     defined in section 2(5) of that Act (19 U.S.C. 3501(5)), if 
     the United States agrees to such modification or staged rate 
     reduction in a negotiation for the reciprocal elimination or 
     harmonization of duties under the auspices of the World Trade 
     Organization.
       (8) Authority under uruguay round agreements act not 
     affected.--Nothing in this subsection shall limit the 
     authority provided to the President under section 111(b) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
       (b) Agreements Regarding Tariff and Nontariff Barriers.--
       (1) In general.--(A) Whenever the President determines 
     that--
       (i) 1 or more existing duties or any other import 
     restriction of any foreign country or the United States or 
     any other barrier to, or other distortion of, international 
     trade unduly burdens or restricts the foreign trade of the 
     United States or adversely affects the United States economy, 
     or
       (ii) the imposition of any such barrier or distortion is 
     likely to result in such a burden, restriction, or effect,
     and that the purposes, policies, priorities, and objectives 
     of this title will be promoted thereby, the President may 
     enter into a trade agreement described in subparagraph (B) 
     during the period described in subparagraph (C).
       (B) The President may enter into a trade agreement under 
     subparagraph (A) with foreign countries providing for--
       (i) the reduction or elimination of a duty, restriction, 
     barrier, or other distortion described in subparagraph (A); 
     or
       (ii) the prohibition of, or limitation on the imposition 
     of, such barrier or other distortion.
       (C) The President may enter into a trade agreement under 
     this paragraph before--
       (i) July 1, 2018; or
       (ii) July 1, 2021, if trade authorities procedures are 
     extended under subsection (c).
     Substantial modifications to, or substantial additional 
     provisions of, a trade agreement entered into after July 1, 
     2018, or July 1, 2021, if trade authorities procedures are 
     extended under subsection (c), shall not be eligible for 
     approval under this title.
       (2) Conditions.--A trade agreement may be entered into 
     under this subsection only if such agreement makes progress 
     in meeting the applicable objectives described in subsections 
     (a) and (b) of section 202 and the President satisfies the 
     conditions set forth in sections 204 and 205.
       (3) Bills qualifying for trade authorities procedures.--(A) 
     The provisions of section 151 of the Trade Act of 1974 (in 
     this title referred to as ``trade authorities procedures'') 
     apply to a bill of either House of Congress which contains 
     provisions described in subparagraph (B) to the same extent 
     as such section 151 applies to implementing bills under that 
     section. A bill to which this paragraph applies shall 
     hereafter in this title be referred to as an ``implementing 
     bill''.
       (B) The provisions referred to in subparagraph (A) are--
       (i) a provision approving a trade agreement entered into 
     under this subsection and approving the statement of 
     administrative action, if any, proposed to implement such 
     trade agreement; and
       (ii) if changes in existing laws or new statutory authority 
     are required to implement such trade agreement or agreements, 
     only such provisions as are strictly necessary or appropriate 
     to implement such trade agreement or agreements, either 
     repealing or amending existing laws or providing new 
     statutory authority.
       (c) Extension Disapproval Process for Congressional Trade 
     Authorities Procedures.--
       (1) In general.--Except as provided in section 206(b)--
       (A) the trade authorities procedures apply to implementing 
     bills submitted with respect to trade agreements entered into 
     under subsection (b) before July 1, 2018; and
       (B) the trade authorities procedures shall be extended to 
     implementing bills submitted with respect to trade agreements 
     entered into under subsection (b) after June 30, 2018, and 
     before July 1, 2021, if (and only if)--
       (i) the President requests such extension under paragraph 
     (2); and
       (ii) neither House of Congress adopts an extension 
     disapproval resolution under paragraph (5) before July 1, 
     2018.
       (2) Report to congress by the president.--If the President 
     is of the opinion that the trade authorities procedures 
     should be extended to implementing bills described in 
     paragraph (1)(B), the President shall submit to Congress, not 
     later than April 1, 2018, a written report that contains a 
     request for such extension, together with--
       (A) a description of all trade agreements that have been 
     negotiated under subsection (b) and the anticipated schedule 
     for submitting such agreements to Congress for approval;
       (B) a description of the progress that has been made in 
     negotiations to achieve the purposes, policies, priorities, 
     and objectives of this title, and a statement that such 
     progress justifies the continuation of negotiations; and
       (C) a statement of the reasons why the extension is needed 
     to complete the negotiations.
       (3) Other reports to congress.--
       (A) Report by the advisory committee.--The President shall 
     promptly inform the Advisory Committee for Trade Policy and 
     Negotiations established under section 135 of the Trade Act 
     of 1974 (19 U.S.C. 2155) of the decision of the President to 
     submit a report to Congress under paragraph (2). The Advisory 
     Committee shall submit to Congress as soon as practicable, 
     but not later than June 1, 2018, a written report that 
     contains--
       (i) its views regarding the progress that has been made in 
     negotiations to achieve the purposes, policies, priorities, 
     and objectives of this title; and
       (ii) a statement of its views, and the reasons therefor, 
     regarding whether the extension requested under paragraph (2) 
     should be approved or disapproved.
       (B) Report by international trade commission.--The 
     President shall promptly inform the United States 
     International Trade Commission of the decision of the 
     President to submit a report to Congress under paragraph (2). 
     The International Trade Commission shall submit to Congress 
     as soon as practicable, but not later than June 1, 2018, a 
     written report that contains a review and analysis of the 
     economic impact on the United States of all trade agreements 
     implemented between the date of the enactment of this Act and 
     the date on which the President decides to seek an extension 
     requested under paragraph (2).
       (4) Status of reports.--The reports submitted to Congress 
     under paragraphs (2) and (3), or any portion of such reports, 
     may be classified to the extent the President determines 
     appropriate.
       (5) Extension disapproval resolutions.--(A) For purposes of 
     paragraph (1), the term ``extension disapproval resolution'' 
     means a resolution of either House of Congress, the sole 
     matter after the resolving clause of which is as follows: 
     ``That the ____ disapproves the request of the President for 
     the extension, under section 203(c)(1)(B)(i) of the 
     Bipartisan Congressional Trade Priorities Act of 2014, of the 
     trade authorities procedures under that Act to any 
     implementing bill submitted with respect to any trade 
     agreement entered into under section 203(b) of that Act after 
     June 30, 2018.'', with the blank space being filled with the 
     name of the resolving House of Congress.
       (B) Extension disapproval resolutions--
       (i) may be introduced in either House of Congress by any 
     member of such House; and
       (ii) shall be referred, in the House of Representatives, to 
     the Committee on Ways and Means and, in addition, to the 
     Committee on Rules.

[[Page 13038]]

       (C) The provisions of subsections (d) and (e) of section 
     152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to 
     the floor consideration of certain resolutions in the House 
     and Senate) apply to extension disapproval resolutions.
       (D) It is not in order for--
       (i) the House of Representatives to consider any extension 
     disapproval resolution not reported by the Committee on Ways 
     and Means and, in addition, by the Committee on Rules;
       (ii) the Senate to consider any extension disapproval 
     resolution not reported by the Committee on Finance; or
       (iii) either House of Congress to consider an extension 
     disapproval resolution after June 30, 2018.
       (d) Commencement of Negotiations.--In order to contribute 
     to the continued economic expansion of the United States, the 
     President shall commence negotiations covering tariff and 
     nontariff barriers affecting any industry, product, or 
     service sector, and expand existing sectoral agreements to 
     countries that are not parties to those agreements, in cases 
     where the President determines that such negotiations are 
     feasible and timely and would benefit the United States. Such 
     sectors include agriculture, commercial services, 
     intellectual property rights, industrial and capital goods, 
     government procurement, information technology products, 
     environmental technology and services, medical equipment and 
     services, civil aircraft, and infrastructure products. In so 
     doing, the President shall take into account all of the 
     principal negotiating objectives set forth in section 202(b).

     SEC. 204. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS 
                   TO INFORMATION.

       (a) Consultations With Members of Congress.--
       (1) Consultations during negotiations.--In the course of 
     negotiations conducted under this title, the United States 
     Trade Representative shall--
       (A) meet upon request with any Member of Congress regarding 
     negotiating objectives, the status of negotiations in 
     progress, and the nature of any changes in the laws of the 
     United States or the administration of those laws that may be 
     recommended to Congress to carry out any trade agreement or 
     any requirement of, amendment to, or recommendation under, 
     that agreement;
       (B) upon request of any Member of Congress, provide access 
     to pertinent documents relating to the negotiations, 
     including classified materials;
       (C) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate;
       (D) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the House Advisory Group 
     on Negotiations and the Senate Advisory Group on Negotiations 
     convened under subsection (c) and all committees of the House 
     of Representatives and the Senate with jurisdiction over laws 
     that could be affected by a trade agreement resulting from 
     the negotiations; and
       (E) with regard to any negotiations and agreement relating 
     to agricultural trade, also consult closely and on a timely 
     basis (including immediately before initialing an agreement) 
     with, and keep fully apprised of the negotiations, the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate.
       (2) Consultations prior to entry into force.--Prior to 
     exchanging notes providing for the entry into force of a 
     trade agreement, the United States Trade Representative shall 
     consult closely and on a timely basis with Members of 
     Congress and committees as specified in paragraph (1), and 
     keep them fully apprised of the measures a trading partner 
     has taken to comply with those provisions of the agreement 
     that are to take effect on the date that the agreement enters 
     into force.
       (3) Enhanced coordination with congress.--
       (A) Written guidelines.--The United States Trade 
     Representative, in consultation with the chairmen and the 
     ranking members of the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate, respectively--
       (i) shall, not later than 120 days after the date of the 
     enactment of this Act, develop written guidelines on enhanced 
     coordination with Congress, including coordination with 
     designated congressional advisers under subsection (b), 
     regarding negotiations conducted under this title; and
       (ii) may make such revisions to the guidelines as may be 
     necessary from time to time.
       (B) Content of guidelines.--The guidelines developed under 
     subparagraph (A) shall enhance coordination with Congress 
     through procedures to ensure--
       (i) timely briefings upon request of any Member of Congress 
     regarding negotiating objectives, the status of negotiations 
     in progress conducted under this title, and the nature of any 
     changes in the laws of the United States or the 
     administration of those laws that may be recommended to 
     Congress to carry out any trade agreement or any requirement 
     of, amendment to, or recommendation under, that agreement; 
     and
       (ii) the sharing of detailed and timely information to 
     Members of Congress regarding those negotiations and 
     pertinent documents related to those negotiations (including 
     classified information), and to committee staff with proper 
     security clearances as would be appropriate in the light of 
     the responsibilities of that committee over the trade 
     agreements programs affected by those negotiations.
       (C) Dissemination.--The United States Trade Representative 
     shall disseminate the guidelines developed under subparagraph 
     (A) to all Federal agencies that could have jurisdiction over 
     laws affected by trade negotiations.
       (b) Designated Congressional Advisers.--
       (1) Designation.--
       (A) House of representatives.--In each Congress, any Member 
     of the House of Representatives may be designated as a 
     congressional adviser on trade policy and negotiations by the 
     Speaker of the House of Representatives, after consulting 
     with the chairman and ranking member of the Committee on Ways 
     and Means and the chairman and ranking member of the 
     committee from which the Member will be selected.
       (B) Senate.--In each Congress, any Member of the Senate may 
     be designated as a congressional adviser on trade policy and 
     negotiations by the President pro tempore of the Senate, 
     after consultation with the chairman and ranking member of 
     the Committee on Finance and the chairman and ranking member 
     of the committee from which the Member will be selected.
       (2) Consultations with designated congressional advisers.--
     In the course of negotiations conducted under this title, the 
     United States Trade Representative shall consult closely and 
     on a timely basis (including immediately before initialing an 
     agreement) with, and keep fully apprised of the negotiations, 
     the congressional advisers for trade policy and negotiations 
     designated under paragraph (1).
       (3) Accreditation.--Each Member of Congress designated as a 
     congressional adviser under paragraph (1) shall be accredited 
     by the United States Trade Representative on behalf of the 
     President as an official adviser to the United States 
     delegations to international conferences, meetings, and 
     negotiating sessions relating to trade agreements.
       (c) Congressional Advisory Groups on Negotiations.--
       (1) In general.--By not later than 60 days after the date 
     of the enactment of this Act, and not later than 30 days 
     after the convening of each Congress, the chairman of the 
     Committee on Ways and Means of the House of Representatives 
     shall convene the House Advisory Group on Negotiations and 
     the chairman of the Committee on Finance of the Senate shall 
     convene the Senate Advisory Group on Negotiations (in this 
     subsection referred to collectively as the ``congressional 
     advisory groups'').
       (2) Members and functions.--
       (A) Membership of the house advisory group on 
     negotiations.--In each Congress, the House Advisory Group on 
     Negotiations shall be comprised of the following Members of 
     the House of Representatives:
       (i) The chairman and ranking member of the Committee on 
     Ways and Means, and 3 additional members of such Committee 
     (not more than 2 of whom are members of the same political 
     party).
       (ii) The chairman and ranking member, or their designees, 
     of the committees of the House of Representatives that would 
     have, under the Rules of the House of Representatives, 
     jurisdiction over provisions of law affected by a trade 
     agreement negotiation conducted at any time during that 
     Congress and to which this title would apply.
       (B) Membership of the senate advisory group on 
     negotiations.--In each Congress, the Senate Advisory Group on 
     Negotiations shall be comprised of the following Members of 
     the Senate:
       (i) The chairman and ranking member of the Committee on 
     Finance and 3 additional members of such Committee (not more 
     than 2 of whom are members of the same political party).
       (ii) The chairman and ranking member, or their designees, 
     of the committees of the Senate that would have, under the 
     Rules of the Senate, jurisdiction over provisions of law 
     affected by a trade agreement negotiation conducted at any 
     time during that Congress and to which this title would 
     apply.
       (C) Accreditation.--Each member of the congressional 
     advisory groups described in subparagraphs (A)(i) and (B)(i) 
     shall be accredited by the United States Trade Representative 
     on behalf of the President as an official adviser to the 
     United States delegation in negotiations for any trade 
     agreement to which this title applies. Each member of the 
     congressional advisory groups described in subparagraphs 
     (A)(ii) and (B)(ii) shall be accredited by the United States 
     Trade Representative on behalf of the President as an 
     official adviser to the United States delegation in the 
     negotiations by reason of which the member is in one of the 
     congressional advisory groups.
       (D) Consultation and advice.--The congressional advisory 
     groups shall consult with

[[Page 13039]]

     and provide advice to the Trade Representative regarding the 
     formulation of specific objectives, negotiating strategies 
     and positions, the development of the applicable trade 
     agreement, and compliance and enforcement of the negotiated 
     commitments under the trade agreement.
       (E) Chair.--The House Advisory Group on Negotiations shall 
     be chaired by the Chairman of the Committee on Ways and Means 
     of the House of Representatives and the Senate Advisory Group 
     on Negotiations shall be chaired by the Chairman of the 
     Committee on Finance of the Senate.
       (F) Coordination with other committees.--Members of any 
     committee represented on one of the congressional advisory 
     groups may submit comments to the member of the appropriate 
     congressional advisory group from that committee regarding 
     any matter related to a negotiation for any trade agreement 
     to which this title applies.
       (3) Guidelines.--
       (A) Purpose and revision.--The United States Trade 
     Representative, in consultation with the chairmen and the 
     ranking members of the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate, respectively--
       (i) shall, not later than 120 days after the date of the 
     enactment of this Act, develop written guidelines to 
     facilitate the useful and timely exchange of information 
     between the Trade Representative and the congressional 
     advisory groups; and
       (ii) may make such revisions to the guidelines as may be 
     necessary from time to time.
       (B) Content.--The guidelines developed under subparagraph 
     (A) shall provide for, among other things--
       (i) detailed briefings on a fixed timetable to be specified 
     in the guidelines of the congressional advisory groups 
     regarding negotiating objectives and positions and the status 
     of the applicable negotiations, beginning as soon as 
     practicable after the congressional advisory groups are 
     convened, with more frequent briefings as trade negotiations 
     enter the final stage;
       (ii) access by members of the congressional advisory 
     groups, and staff with proper security clearances, to 
     pertinent documents relating to the negotiations, including 
     classified materials;
       (iii) the closest practicable coordination between the 
     Trade Representative and the congressional advisory groups at 
     all critical periods during the negotiations, including at 
     negotiation sites;
       (iv) after the applicable trade agreement is concluded, 
     consultation regarding ongoing compliance and enforcement of 
     negotiated commitments under the trade agreement; and
       (v) the timeframe for submitting the report required under 
     section 205(d)(3).
       (4) Request for meeting.--Upon the request of a majority of 
     either of the congressional advisory groups, the President 
     shall meet with that congressional advisory group before 
     initiating negotiations with respect to a trade agreement, or 
     at any other time concerning the negotiations.
       (d) Consultations With the Public.--
       (1) Guidelines for public engagement.--The United States 
     Trade Representative, in consultation with the chairmen and 
     the ranking members of the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate, respectively--
       (A) shall, not later than 120 days after the date of the 
     enactment of this Act, develop written guidelines on public 
     access to information regarding negotiations conducted under 
     this title; and
       (B) may make such revisions to the guidelines as may be 
     necessary from time to time.
       (2) Purposes.--The guidelines developed under paragraph (1) 
     shall--
       (A) facilitate transparency;
       (B) encourage public participation; and
       (C) promote collaboration in the negotiation process.
       (3) Content.--The guidelines developed under paragraph (1) 
     shall include procedures that--
       (A) provide for rapid disclosure of information in forms 
     that the public can readily find and use; and
       (B) provide frequent opportunities for public input through 
     Federal Register requests for comment and other means.
       (4) Dissemination.--The United States Trade Representative 
     shall disseminate the guidelines developed under paragraph 
     (1) to all Federal agencies that could have jurisdiction over 
     laws affected by trade negotiations.
       (e) Consultations With Advisory Committees.--
       (1) Guidelines for engagement with advisory committees.--
     The United States Trade Representative, in consultation with 
     the chairmen and the ranking members of the Committee on Ways 
     and Means of the House of Representatives and the Committee 
     on Finance of the Senate, respectively--
       (A) shall, not later than 120 days after the date of the 
     enactment of this Act, develop written guidelines on enhanced 
     coordination with advisory committees established pursuant to 
     section 135 of the Trade Act of 1974 (19 U.S.C. 2155) 
     regarding negotiations conducted under this title; and
       (B) may make such revisions to the guidelines as may be 
     necessary from time to time.
       (2) Content.--The guidelines developed under paragraph (1) 
     shall enhance coordination with advisory committees described 
     in that paragraph through procedures to ensure--
       (A) timely briefings of advisory committees and regular 
     opportunities for advisory committees to provide input 
     throughout the negotiation process on matters relevant to the 
     sectors or functional areas represented by those committees; 
     and
       (B) the sharing of detailed and timely information with 
     each member of an advisory committee regarding negotiations 
     and pertinent documents related to the negotiation (including 
     classified information) on matters relevant to the sectors or 
     functional areas the member represents, and with a designee 
     with proper security clearances of each such member as 
     appropriate.
       (3) Dissemination.--The United States Trade Representative 
     shall disseminate the guidelines developed under paragraph 
     (1) to all Federal agencies that could have jurisdiction over 
     laws affected by trade negotiations.

     SEC. 205. NOTICE, CONSULTATIONS, AND REPORTS.

       (a) Notice, Consultations, and Reports Before 
     Negotiation.--
       (1) Notice.--The President, with respect to any agreement 
     that is subject to the provisions of section 203(b), shall--
       (A) provide, at least 90 calendar days before initiating 
     negotiations with a country, written notice to Congress of 
     the President's intention to enter into the negotiations with 
     that country and set forth in the notice the date on which 
     the President intends to initiate those negotiations, the 
     specific United States objectives for the negotiations with 
     that country, and whether the President intends to seek an 
     agreement, or changes to an existing agreement;
       (B) before and after submission of the notice, consult 
     regarding the negotiations with the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate, such other committees of the House and 
     Senate as the President deems appropriate, and the House 
     Advisory Group on Negotiations and the Senate Advisory Group 
     on Negotiations convened under section 204(c); and
       (C) upon the request of a majority of the members of either 
     the House Advisory Group on Negotiations or the Senate 
     Advisory Group on Negotiations convened under section 204(c), 
     meet with the requesting congressional advisory group before 
     initiating the negotiations or at any other time concerning 
     the negotiations.
       (2) Special rule for notice and consultation on doha-
     related agreements.--In the case of any plurilateral 
     agreement between the United States and one or more WTO 
     members relating to a matter described in the Ministerial 
     Declaration of the World Trade Organization adopted at Doha 
     November 14, 2001--
       (A) the President shall provide the written notice 
     described in subparagraph (A) of paragraph (1) to Congress at 
     least 90 calendar days before initiating negotiations for the 
     agreement and comply with subparagraphs (B) and (C) of that 
     paragraph with respect to the agreement; and
       (B) if another WTO member seeks to join the negotiations 
     after notice is provided under subparagraph (A) and the 
     President determines that the WTO member is willing and able 
     to meet the standard of the agreement and the participation 
     of the WTO member would further the objectives of the United 
     States for the agreement, the President shall--
       (i) provide advance written notice to Congress before the 
     WTO member joins the negotiations with respect to whether the 
     United States intends to support the entry of the WTO member 
     into the negotiations; and
       (ii) consult with Congress as provided in subparagraphs (B) 
     and (C) of paragraph (1).
       (3) Negotiations regarding agriculture.--
       (A) Assessment and consultations following assessment.--
     Before initiating or continuing negotiations the subject 
     matter of which is directly related to the subject matter 
     under section 202(b)(3)(B) with any country, the President 
     shall--
       (i) assess whether United States tariffs on agricultural 
     products that were bound under the Uruguay Round Agreements 
     are lower than the tariffs bound by that country;
       (ii) consider whether the tariff levels bound and applied 
     throughout the world with respect to imports from the United 
     States are higher than United States tariffs and whether the 
     negotiation provides an opportunity to address any such 
     disparity; and
       (iii) consult with the Committee on Ways and Means and the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Finance and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate concerning the results 
     of the assessment, whether it is appropriate for the United 
     States to agree to further tariff reductions based on the 
     conclusions reached in the assessment, and how all applicable 
     negotiating objectives will be met.
       (B) Special consultations on import sensitive products.--
     (i) Before initiating negotiations with regard to agriculture 
     and, with

[[Page 13040]]

     respect to agreements described in paragraphs (2) and (3) of 
     section 207(a), as soon as practicable after the date of the 
     enactment of this Act, the United States Trade Representative 
     shall--
       (I) identify those agricultural products subject to tariff 
     rate quotas on the date of enactment of this Act, and 
     agricultural products subject to tariff reductions by the 
     United States as a result of the Uruguay Round Agreements, 
     for which the rate of duty was reduced on January 1, 1995, to 
     a rate which was not less than 97.5 percent of the rate of 
     duty that applied to such article on December 31, 1994;
       (II) consult with the Committee on Ways and Means and the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Finance and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate concerning--

       (aa) whether any further tariff reductions on the products 
     identified under subclause (I) should be appropriate, taking 
     into account the impact of any such tariff reduction on the 
     United States industry producing the product concerned;
       (bb) whether the products so identified face unjustified 
     sanitary or phytosanitary restrictions, including those not 
     based on scientific principles in contravention of the 
     Uruguay Round Agreements; and
       (cc) whether the countries participating in the 
     negotiations maintain export subsidies or other programs, 
     policies, or practices that distort world trade in such 
     products and the impact of such programs, policies, and 
     practices on United States producers of the products;

       (III) request that the International Trade Commission 
     prepare an assessment of the probable economic effects of any 
     such tariff reduction on the United States industry producing 
     the product concerned and on the United States economy as a 
     whole; and
       (IV) upon complying with subclauses (I), (II), and (III), 
     notify the Committee on Ways and Means and the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Finance and the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate of those products identified under 
     subclause (I) for which the Trade Representative intends to 
     seek tariff liberalization in the negotiations and the 
     reasons for seeking such tariff liberalization.
       (ii) If, after negotiations described in clause (i) are 
     commenced--
       (I) the United States Trade Representative identifies any 
     additional agricultural product described in clause (i)(I) 
     for tariff reductions which were not the subject of a 
     notification under clause (i)(IV), or
       (II) any additional agricultural product described in 
     clause (i)(I) is the subject of a request for tariff 
     reductions by a party to the negotiations,
     the Trade Representative shall, as soon as practicable, 
     notify the committees referred to in clause (i)(IV) of those 
     products and the reasons for seeking such tariff reductions.
       (4) Negotiations regarding the fishing industry.--Before 
     initiating, or continuing, negotiations that directly relate 
     to fish or shellfish trade with any country, the President 
     shall consult with the Committee on Ways and Means and the 
     Committee on Natural Resources of the House of 
     Representatives, and the Committee on Finance and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and shall keep the Committees apprised of the 
     negotiations on an ongoing and timely basis.
       (5) Negotiations regarding textiles.--Before initiating or 
     continuing negotiations the subject matter of which is 
     directly related to textiles and apparel products with any 
     country, the President shall--
       (A) assess whether United States tariffs on textile and 
     apparel products that were bound under the Uruguay Round 
     Agreements are lower than the tariffs bound by that country 
     and whether the negotiation provides an opportunity to 
     address any such disparity; and
       (B) consult with the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate concerning the results of the assessment, whether it 
     is appropriate for the United States to agree to further 
     tariff reductions based on the conclusions reached in the 
     assessment, and how all applicable negotiating objectives 
     will be met.
       (6) Adherence to existing international trade and 
     investment agreement obligations.--In determining whether to 
     enter into negotiations with a particular country, the 
     President shall take into account the extent to which that 
     country has implemented, or has accelerated the 
     implementation of, its international trade and investment 
     commitments to the United States, including pursuant to the 
     WTO Agreement.
       (b) Consultation With Congress Before Entry Into 
     Agreement.--
       (1) Consultation.--Before entering into any trade agreement 
     under section 203(b), the President shall consult with--
       (A) the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate;
       (B) each other committee of the House and the Senate, and 
     each joint committee of Congress, which has jurisdiction over 
     legislation involving subject matters which would be affected 
     by the trade agreement; and
       (C) the House Advisory Group on Negotiations and the Senate 
     Advisory Group on Negotiations convened under section 204(c).
       (2) Scope.--The consultation described in paragraph (1) 
     shall include consultation with respect to--
       (A) the nature of the agreement;
       (B) how and to what extent the agreement will achieve the 
     applicable purposes, policies, priorities, and objectives of 
     this title; and
       (C) the implementation of the agreement under section 206, 
     including the general effect of the agreement on existing 
     laws.
       (3) Report regarding united states trade remedy laws.--
       (A) Changes in certain trade laws.--The President, not less 
     than 180 calendar days before the day on which the President 
     enters into a trade agreement under section 203(b), shall 
     report to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate--
       (i) the range of proposals advanced in the negotiations 
     with respect to that agreement, that may be in the final 
     agreement, and that could require amendments to title VII of 
     the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to chapter 
     1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et 
     seq.); and
       (ii) how these proposals relate to the objectives described 
     in section 202(b)(16).
       (B) Resolutions.--(i) At any time after the transmission of 
     the report under subparagraph (A), if a resolution is 
     introduced with respect to that report in either House of 
     Congress, the procedures set forth in clauses (iii) through 
     (vii) shall apply to that resolution if--
       (I) no other resolution with respect to that report has 
     previously been reported in that House of Congress by the 
     Committee on Ways and Means or the Committee on Finance, as 
     the case may be, pursuant to those procedures; and
       (II) no procedural disapproval resolution under section 
     206(b) introduced with respect to a trade agreement entered 
     into pursuant to the negotiations to which the report under 
     subparagraph (A) relates has previously been reported in that 
     House of Congress by the Committee on Ways and Means or the 
     Committee on Finance, as the case may be.
       (ii) For purposes of this subparagraph, the term 
     ``resolution'' means only a resolution of either House of 
     Congress, the matter after the resolving clause of which is 
     as follows: ``That the ____ finds that the proposed changes 
     to United States trade remedy laws contained in the report of 
     the President transmitted to Congress on ____ under section 
     205(b)(3) of the Bipartisan Congressional Trade Priorities 
     Act of 2014 with respect to ____, are inconsistent with the 
     negotiating objectives described in section 202(b)(16) of 
     that Act.'', with the first blank space being filled with the 
     name of the resolving House of Congress, the second blank 
     space being filled with the appropriate date of the report, 
     and the third blank space being filled with the name of the 
     country or countries involved.
       (iii) Resolutions in the House of Representatives--
       (I) may be introduced by any Member of the House;
       (II) shall be referred to the Committee on Ways and Means 
     and, in addition, to the Committee on Rules; and
       (III) may not be amended by either Committee.
       (iv) Resolutions in the Senate--
       (I) may be introduced by any Member of the Senate;
       (II) shall be referred to the Committee on Finance; and
       (III) may not be amended.
       (v) It is not in order for the House of Representatives to 
     consider any resolution that is not reported by the Committee 
     on Ways and Means and, in addition, by the Committee on 
     Rules.
       (vi) It is not in order for the Senate to consider any 
     resolution that is not reported by the Committee on Finance.
       (vii) The provisions of subsections (d) and (e) of section 
     152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to 
     floor consideration of certain resolutions in the House and 
     Senate) shall apply to resolutions.
       (4) Advisory committee reports.--The report required under 
     section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 
     2155(e)(1)) regarding any trade agreement entered into under 
     subsection (a) or (b) of section 203 shall be provided to the 
     President, Congress, and the United States Trade 
     Representative not later than 30 days after the date on which 
     the President notifies Congress under section 203(a)(2) or 
     206(a)(1)(A) of the intention of the President to enter into 
     the agreement.
       (c) International Trade Commission Assessment.--
       (1) Submission of information to commission.--The 
     President, not later than 90 calendar days before the day on 
     which the President enters into a trade agreement under 
     section 203(b), shall provide the International Trade 
     Commission (referred to in this subsection as the 
     ``Commission'') with the details of the agreement as it 
     exists at that time and request the Commission to prepare and 
     submit an assessment of the agreement as described in 
     paragraph (2). Between the time the President makes the 
     request under this paragraph and the time the

[[Page 13041]]

     Commission submits the assessment, the President shall keep 
     the Commission current with respect to the details of the 
     agreement.
       (2) Assessment.--Not later than 105 calendar days after the 
     President enters into a trade agreement under section 203(b), 
     the Commission shall submit to the President and Congress a 
     report assessing the likely impact of the agreement on the 
     United States economy as a whole and on specific industry 
     sectors, including the impact the agreement will have on the 
     gross domestic product, exports and imports, aggregate 
     employment and employment opportunities, the production, 
     employment, and competitive position of industries likely to 
     be significantly affected by the agreement, and the interests 
     of United States consumers.
       (3) Review of empirical literature.--In preparing the 
     assessment under paragraph (2), the Commission shall review 
     available economic assessments regarding the agreement, 
     including literature regarding any substantially equivalent 
     proposed agreement, and shall provide in its assessment a 
     description of the analyses used and conclusions drawn in 
     such literature, and a discussion of areas of consensus and 
     divergence between the various analyses and conclusions, 
     including those of the Commission regarding the agreement.
       (4) Public availability.--The President shall make each 
     assessment under paragraph (2) available to the public.
       (d) Reports Submitted to Committees With Agreement.--
       (1) Environmental reviews and reports.--The President 
     shall--
       (A) conduct environmental reviews of future trade and 
     investment agreements, consistent with Executive Order 13141 
     (64 Fed. Reg. 63169), dated November 16, 1999, and its 
     relevant guidelines; and
       (B) submit a report on those reviews and on the content and 
     operation of consultative mechanisms established pursuant to 
     section 202(c) to the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate at the time the President submits to Congress a copy 
     of the final text of an agreement pursuant to section 
     206(a)(1)(C).
       (2) Employment impact reviews and reports.--The President 
     shall--
       (A) review the impact of future trade agreements on United 
     States employment, including labor markets, modeled after 
     Executive Order 13141 (64 Fed. Reg. 63169) to the extent 
     appropriate in establishing procedures and criteria; and
       (B) submit a report on such reviews to the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate at the time the President 
     submits to Congress a copy of the final text of an agreement 
     pursuant to section 206(a)(1)(C).
       (3) Report on labor rights.--The President shall submit to 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate, 
     on a timeframe determined in accordance with section 
     204(c)(3)(B)--
       (A) a meaningful labor rights report of the country, or 
     countries, with respect to which the President is 
     negotiating; and
       (B) a description of any provisions that would require 
     changes to the labor laws and labor practices of the United 
     States.
       (4) Public availability.--The President shall make all 
     reports required under this subsection available to the 
     public.
       (e) Implementation and Enforcement Plan.--
       (1) In general.--At the time the President submits to 
     Congress a copy of the final text of an agreement pursuant to 
     section 206(a)(1)(C), the President shall also submit to 
     Congress a plan for implementing and enforcing the agreement.
       (2) Elements.--The implementation and enforcement plan 
     required by paragraph (1) shall include the following:
       (A) Border personnel requirements.--A description of 
     additional personnel required at border entry points, 
     including a list of additional customs and agricultural 
     inspectors.
       (B) Agency staffing requirements.--A description of 
     additional personnel required by Federal agencies responsible 
     for monitoring and implementing the trade agreement, 
     including personnel required by the Office of the United 
     States Trade Representative, the Department of Commerce, the 
     Department of Agriculture (including additional personnel 
     required to implement sanitary and phytosanitary measures in 
     order to obtain market access for United States exports), the 
     Department of Homeland Security, the Department of the 
     Treasury, and such other agencies as may be necessary.
       (C) Customs infrastructure requirements.--A description of 
     the additional equipment and facilities needed by U.S. 
     Customs and Border Protection.
       (D) Impact on state and local governments.--A description 
     of the impact the trade agreement will have on State and 
     local governments as a result of increases in trade.
       (E) Cost analysis.--An analysis of the costs associated 
     with each of the items listed in subparagraphs (A) through 
     (D).
       (3) Budget submission.--The President shall include a 
     request for the resources necessary to support the plan 
     required by paragraph (1) in the first budget of the 
     President submitted to Congress under section 1105(a) of 
     title 31, United States Code, after the date of the 
     submission of the plan.
       (4) Public availability.--The President shall make the plan 
     required under this subsection available to the public.
       (f) Other Reports.--
       (1) Report on penalties.--Not later than one year after the 
     imposition of a penalty or remedy by the United States 
     permitted by a trade agreement to which this title applies, 
     the President shall submit to the Committee on Ways and Means 
     of the House of Representatives and the Committee on Finance 
     of the Senate a report on the effectiveness of the penalty or 
     remedy applied under United States law in enforcing United 
     States rights under the trade agreement, which shall address 
     whether the penalty or remedy was effective in changing the 
     behavior of the targeted party and whether the penalty or 
     remedy had any adverse impact on parties or interests not 
     party to the dispute.
       (2) Report on impact of trade promotion authority.--Not 
     later than one year after the date of the enactment of this 
     Act, the United States International Trade Commission shall 
     submit to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate a 
     report on the economic impact on the United States of all 
     trade agreements with respect to which Congress has enacted 
     an implementing bill under trade authorities procedures since 
     January 1, 1984.
       (3) Enforcement consultations and reports.--(A) The United 
     States Trade Representative shall consult with the Committee 
     on Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate after acceptance of a 
     petition for review or taking an enforcement action in regard 
     to an obligation under a trade agreement, including a labor 
     or environmental obligation. During such consultations, the 
     United States Trade Representative shall describe the matter, 
     including the basis for such action and the application of 
     any relevant legal obligations.
       (B) As part of the report required pursuant to section 163 
     of the Trade Act of 1974 (19 U.S.C. 2213), the President 
     shall report annually to Congress on enforcement actions 
     taken pursuant to a United States trade agreement, as well as 
     on any public reports issued by Federal agencies on 
     enforcement matters relating to a trade agreement.
       (g) Additional Coordination With Members.--Any Member of 
     the House of Representatives may submit to the Committee on 
     Ways and Means of the House of Representatives and any Member 
     of the Senate may submit to the Committee on Finance of the 
     Senate the views of that Member on any matter relevant to a 
     proposed trade agreement, and the relevant Committee shall 
     receive those views for consideration.

     SEC. 206. IMPLEMENTATION OF TRADE AGREEMENTS.

       (a) In General.--
       (1) Notification and submission.--Any agreement entered 
     into under section 203(b) shall enter into force with respect 
     to the United States if (and only if)--
       (A) the President, at least 90 calendar days before the day 
     on which the President enters into the trade agreement, 
     notifies the House of Representatives and the Senate of the 
     President's intention to enter into the agreement, and 
     promptly thereafter publishes notice of such intention in the 
     Federal Register;
       (B) within 60 days after entering into the agreement, the 
     President submits to Congress a description of those changes 
     to existing laws that the President considers would be 
     required in order to bring the United States into compliance 
     with the agreement;
       (C) after entering into the agreement, the President 
     submits to Congress, on a day on which both Houses of 
     Congress are in session, a copy of the final legal text of 
     the agreement, together with--
       (i) a draft of an implementing bill described in section 
     203(b)(3);
       (ii) a statement of any administrative action proposed to 
     implement the trade agreement; and
       (iii) the supporting information described in paragraph 
     (2)(A);
       (D) the implementing bill is enacted into law; and
       (E) the President, not later than 30 days before the date 
     on which the agreement enters into force with respect to a 
     party to the agreement, submits written notice to Congress 
     that the President has determined that the party has taken 
     measures necessary to comply with those provisions of the 
     agreement that are to take effect on the date on which the 
     agreement enters into force.
       (2) Supporting information.--
       (A) In general.--The supporting information required under 
     paragraph (1)(C)(iii) consists of--
       (i) an explanation as to how the implementing bill and 
     proposed administrative action will change or affect existing 
     law; and
       (ii) a statement--

       (I) asserting that the agreement makes progress in 
     achieving the applicable purposes, policies, priorities, and 
     objectives of this title; and
       (II) setting forth the reasons of the President regarding--

[[Page 13042]]

       (aa) how and to what extent the agreement makes progress in 
     achieving the applicable purposes, policies, and objectives 
     referred to in subclause (I);
       (bb) whether and how the agreement changes provisions of an 
     agreement previously negotiated;
       (cc) how the agreement serves the interests of United 
     States commerce; and
       (dd) how the implementing bill meets the standards set 
     forth in section 203(b)(3).
       (B) Public availability.--The President shall make the 
     supporting information described in subparagraph (A) 
     available to the public.
       (3) Reciprocal benefits.--In order to ensure that a foreign 
     country that is not a party to a trade agreement entered into 
     under section 203(b) does not receive benefits under the 
     agreement unless the country is also subject to the 
     obligations under the agreement, the implementing bill 
     submitted with respect to the agreement shall provide that 
     the benefits and obligations under the agreement apply only 
     to the parties to the agreement, if such application is 
     consistent with the terms of the agreement. The implementing 
     bill may also provide that the benefits and obligations under 
     the agreement do not apply uniformly to all parties to the 
     agreement, if such application is consistent with the terms 
     of the agreement.
       (4) Disclosure of commitments.--Any agreement or other 
     understanding with a foreign government or governments 
     (whether oral or in writing) that--
       (A) relates to a trade agreement with respect to which 
     Congress enacts an implementing bill under trade authorities 
     procedures; and
       (B) is not disclosed to Congress before an implementing 
     bill with respect to that agreement is introduced in either 
     House of Congress,
     shall not be considered to be part of the agreement approved 
     by Congress and shall have no force and effect under United 
     States law or in any dispute settlement body.
       (b) Limitations on Trade Authorities Procedures.--
       (1) For lack of notice or consultations.--
       (A) In general.--The trade authorities procedures shall not 
     apply to any implementing bill submitted with respect to a 
     trade agreement or trade agreements entered into under 
     section 203(b) if during the 60-day period beginning on the 
     date that one House of Congress agrees to a procedural 
     disapproval resolution for lack of notice or consultations 
     with respect to such trade agreement or agreements, the other 
     House separately agrees to a procedural disapproval 
     resolution with respect to such trade agreement or 
     agreements.
       (B) Procedural disapproval resolution.--(i) For purposes of 
     this paragraph, the term ``procedural disapproval 
     resolution'' means a resolution of either House of Congress, 
     the sole matter after the resolving clause of which is as 
     follows: ``That the President has failed or refused to notify 
     or consult in accordance with the Bipartisan Congressional 
     Trade Priorities Act of 2014 on negotiations with respect to 
     ________ and, therefore, the trade authorities procedures 
     under that Act shall not apply to any implementing bill 
     submitted with respect to such trade agreement or 
     agreements.'', with the blank space being filled with a 
     description of the trade agreement or agreements with respect 
     to which the President is considered to have failed or 
     refused to notify or consult.
       (ii) For purposes of clause (i), the President has ``failed 
     or refused to notify or consult in accordance with the 
     Bipartisan Congressional Trade Priorities Act of 2014'' on 
     negotiations with respect to a trade agreement or trade 
     agreements if--
       (I) the President has failed or refused to consult (as the 
     case may be) in accordance with sections 204 and 205 and this 
     section with respect to the negotiations, agreement, or 
     agreements;
       (II) guidelines under section 204 have not been developed 
     or met with respect to the negotiations, agreement, or 
     agreements;
       (III) the President has not met with the House Advisory 
     Group on Negotiations or the Senate Advisory Group on 
     Negotiations pursuant to a request made under section 
     204(c)(4) with respect to the negotiations, agreement, or 
     agreements; or
       (IV) the agreement or agreements fail to make progress in 
     achieving the purposes, policies, priorities, and objectives 
     of this title.
       (2) Procedures for considering resolutions.--(A) Procedural 
     disapproval resolutions--
       (i) in the House of Representatives--
       (I) may be introduced by any Member of the House;
       (II) shall be referred to the Committee on Ways and Means 
     and, in addition, to the Committee on Rules; and
       (III) may not be amended by either Committee; and
       (ii) in the Senate--
       (I) may be introduced by any Member of the Senate;
       (II) shall be referred to the Committee on Finance; and
       (III) may not be amended.
       (B) The provisions of subsections (d) and (e) of section 
     152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to 
     the floor consideration of certain resolutions in the House 
     and Senate) apply to a procedural disapproval resolution 
     introduced with respect to a trade agreement if no other 
     procedural disapproval resolution with respect to that trade 
     agreement has previously been reported in that House of 
     Congress by the Committee on Ways and Means or the Committee 
     on Finance, as the case may be, and if no resolution 
     described in clause (ii) of section 205(b)(3)(B) with respect 
     to that trade agreement has been reported in that House of 
     Congress by the Committee on Ways and Means or the Committee 
     on Finance, as the case may be, pursuant to the procedures 
     set forth in clauses (iii) through (vii) of such section.
       (C) It is not in order for the House of Representatives to 
     consider any procedural disapproval resolution not reported 
     by the Committee on Ways and Means and, in addition, by the 
     Committee on Rules.
       (D) It is not in order for the Senate to consider any 
     procedural disapproval resolution not reported by the 
     Committee on Finance.
       (3) For failure to meet other requirements.--Not later than 
     December 15, 2014, the Secretary of Commerce, in consultation 
     with the Secretary of State, the Secretary of the Treasury, 
     the Attorney General, and the United States Trade 
     Representative, shall transmit to Congress a report setting 
     forth the strategy of the executive branch to address 
     concerns of Congress regarding whether dispute settlement 
     panels and the Appellate Body of the World Trade Organization 
     have added to obligations, or diminished rights, of the 
     United States, as described in section 202(b)(15)(C). Trade 
     authorities procedures shall not apply to any implementing 
     bill with respect to an agreement negotiated under the 
     auspices of the World Trade Organization unless the Secretary 
     of Commerce has issued such report by the deadline specified 
     in this paragraph.
       (c) Rules of House of Representatives and Senate.--
     Subsection (b) of this section, section 203(c), and section 
     205(b)(3) are enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (2) with the 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.

     SEC. 207. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH 
                   NEGOTIATIONS HAVE ALREADY BEGUN.

       (a) Certain Agreements.--Notwithstanding the prenegotiation 
     notification and consultation requirement described in 
     section 205(a), if an agreement to which section 203(b) 
     applies--
       (1) is entered into under the auspices of the World Trade 
     Organization,
       (2) is entered into with the Trans-Pacific Partnership 
     countries with respect to which notifications have been made 
     in a manner consistent with section 205(a)(1) as of the date 
     of the enactment of this Act,
       (3) is entered into with the European Union, or
       (4) is an agreement with respect to international trade in 
     services entered into with WTO members with respect to which 
     notifications have been made in a manner consistent with 
     section 205(a)(2) as of the date of the enactment of this 
     Act,
     and results from negotiations that were commenced before the 
     date of the enactment of this Act, subsection (b) shall 
     apply.
       (b) Treatment of Agreements.--In the case of any agreement 
     to which subsection (a) applies--
       (1) the applicability of the trade authorities procedures 
     to implementing bills shall be determined without regard to 
     the requirements of section 205(a) (relating only to notice 
     prior to initiating negotiations), and any procedural 
     disapproval resolution under section 206(b)(1)(B) shall not 
     be in order on the basis of a failure or refusal to comply 
     with the provisions of section 205(a); provided that
       (2) the President as soon as feasible after the date of the 
     enactment of this Act--
       (A) notifies the Congress of the negotiations described in 
     subsection (a), the specific United States objectives in the 
     negotiations, and whether the President is seeking a new 
     agreement or changes to an existing agreement; and
       (B) before and after submission of the notice, consults 
     regarding the negotiations with the committees referred to in 
     section 205(a)(1)(B) and the House and Senate Advisory Groups 
     on Negotiations convened under section 204(c).

     SEC. 208. SOVEREIGNTY.

       (a) United States Law To Prevail in Event of Conflict.--No 
     provision of any trade agreement entered into under section 
     203(b), nor the application of any such provision to any 
     person or circumstance, that is inconsistent with any law of 
     the United States, any State of the United States, or any 
     locality of the United States shall have effect.

[[Page 13043]]

       (b) Amendments or Modifications of United States Law.--No 
     provision of any trade agreement entered into under section 
     203(b) shall prevent the United States, any State of the 
     United States, or any locality of the United States from 
     amending or modifying any law of the United States, that 
     State, or that locality (as the case may be).
       (c) Dispute Settlement Reports.--Reports, including 
     findings and recommendations, issued by dispute settlement 
     panels convened pursuant to any trade agreement entered into 
     under section 203(b) shall have no binding effect on the law 
     of the United States, the Government of the United States, or 
     the law or government of any State or locality of the United 
     States.

     SEC. 209. INTERESTS OF SMALL BUSINESSES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Trade Representative should 
     facilitate participation by small businesses in the trade 
     negotiation process; and
       (2) the functions of the Office of the United States Trade 
     Representative relating to small businesses should continue 
     to be reflected in the title of the Assistant United States 
     Trade Representative assigned the responsibility for small 
     businesses.
       (b) Consideration of Small Business Interests.--The 
     Assistant United States Trade Representative for Small 
     Business, Market Access, and Industrial Competitiveness shall 
     be responsible for ensuring that the interests of small 
     businesses are considered in all trade negotiations in 
     accordance with the objective described in section 202(a)(8).

     SEC. 210. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN 
                   PROVISIONS.

       (a) Conforming Amendments.--
       (1) Advice from united states international trade 
     commission.--Section 131 of the Trade Act of 1974 (19 U.S.C. 
     2151) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``section 2103(a) or (b) 
     of the Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``subsection (a) or (b) of section 203 of the 
     Bipartisan Congressional Trade Priorities Act of 2014''; and
       (ii) in paragraph (2), by striking ``section 2103(b) of the 
     Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 203(b) of the Bipartisan Congressional 
     Trade Priorities Act of 2014'';
       (B) in subsection (b), by striking ``section 2103(a)(3)(A) 
     of the Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 203(a)(4)(A) of the Bipartisan 
     Congressional Trade Priorities Act of 2014''; and
       (C) in subsection (c), by striking ``section 2103 of the 
     Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 203(a) of the Bipartisan Congressional 
     Trade Priorities Act of 2014''.
       (2) Hearings.--Section 132 of the Trade Act of 1974 (19 
     U.S.C. 2152) is amended by striking ``section 2103 of the 
     Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 203 of the Bipartisan Congressional Trade 
     Priorities Act of 2014''.
       (3) Public hearings.--Section 133(a) of the Trade Act of 
     1974 (19 U.S.C. 2153(a)) is amended by striking ``section 
     2103 of the Bipartisan Trade Promotion Authority Act of 
     2002'' and inserting ``section 203 of the Bipartisan 
     Congressional Trade Priorities Act of 2014''.
       (4) Prerequisites for offers.--Section 134 of the Trade Act 
     of 1974 (19 U.S.C. 2154) is amended by striking ``section 
     2103 of the Bipartisan Trade Promotion Authority Act of 
     2002'' each place it appears and inserting ``section 203 of 
     the Bipartisan Congressional Trade Priorities Act of 2014''.
       (5) Information and advice from private and public 
     sectors.--Section 135 of the Trade Act of 1974 (19 U.S.C. 
     2155) is amended--
       (A) in subsection (a)(1)(A), by striking ``section 2103 of 
     the Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 203 of the Bipartisan Congressional Trade 
     Priorities Act of 2014''; and
       (B) in subsection (e)--
       (i) in paragraph (1)--

       (I) by striking ``section 2103 of the Bipartisan Trade 
     Promotion Authority Act of 2002'' each place it appears and 
     inserting ``section 203 of the Bipartisan Congressional Trade 
     Priorities Act of 2014''; and
       (II) by striking ``not later than the date on which the 
     President notifies the Congress under section 2105(a)(1)(A) 
     of the Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``not later than the date that is 30 days after the 
     date on which the President notifies Congress under section 
     206(a)(1)(A) of the Bipartisan Congressional Trade Priorities 
     Act of 2014''; and

       (ii) in paragraph (2), by striking ``section 2102 of the 
     Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 202 of the Bipartisan Congressional Trade 
     Priorities Act of 2014''.
       (6) Procedures relating to implementing bills.--Section 151 
     of the Trade Act of 1974 (19 U.S.C. 2191) is amended--
       (A) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``section 2105(a)(1) of the 
     Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 206(a)(1) of the Bipartisan Congressional 
     Trade Priorities Act of 2014''; and
       (B) in subsection (c)(1), by striking ``section 2105(a)(1) 
     of the Bipartisan Trade Promotion Authority Act of 2002'' and 
     inserting ``section 206(a)(1) of the Bipartisan Congressional 
     Trade Priorities Act of 2014''.
       (7) Transmission of agreements to congress.--Section 162(a) 
     of the Trade Act of 1974 (19 U.S.C. 2212(a)) is amended by 
     striking ``section 2103 of the Bipartisan Trade Promotion 
     Authority Act of 2002'' and inserting ``section 203 of the 
     Bipartisan Congressional Trade Priorities Act of 2014''.
       (b) Application of Certain Provisions.--For purposes of 
     applying sections 125, 126, and 127 of the Trade Act of 1974 
     (19 U.S.C. 2135, 2136, and 2137)--
       (1) any trade agreement entered into under section 203 
     shall be treated as an agreement entered into under section 
     101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), 
     as appropriate; and
       (2) any proclamation or Executive order issued pursuant to 
     a trade agreement entered into under section 203 shall be 
     treated as a proclamation or Executive order issued pursuant 
     to a trade agreement entered into under section 102 of the 
     Trade Act of 1974 (19 U.S.C. 2112).

     SEC. 211. DEFINITIONS.

       In this title:
       (1) Agreement on agriculture.--The term ``Agreement on 
     Agriculture'' means the agreement referred to in section 
     101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(2)).
       (2) Agreement on safeguards.--The term ``Agreement on 
     Safeguards'' means the agreement referred to in section 
     101(d)(13) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(13)).
       (3) Agreement on subsidies and countervailing measures.--
     The term ``Agreement on Subsidies and Countervailing 
     Measures'' means the agreement referred to in section 
     101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(12)).
       (4) Antidumping agreement.--The term ``Antidumping 
     Agreement'' means the Agreement on Implementation of Article 
     VI of the General Agreement on Tariffs and Trade 1994 
     referred to in section 101(d)(7) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(7)).
       (5) Appellate body.--The term ``Appellate Body'' means the 
     Appellate Body established under Article 17.1 of the Dispute 
     Settlement Understanding.
       (6) Common multilateral environmental agreement.--
       (A) In general.--The term ``common multilateral 
     environmental agreement'' means any agreement specified in 
     subparagraph (B) or included under subparagraph (C) to which 
     both the United States and one or more other parties to the 
     negotiations are full parties, including any current or 
     future mutually agreed upon protocols, amendments, annexes, 
     or adjustments to such an agreement.
       (B) Agreements specified.--The agreements specified in this 
     subparagraph are the following:
       (i) The Convention on International Trade in Endangered 
     Species of Wild Fauna and Flora, done at Washington March 3, 
     1973 (27 UST 1087; TIAS 8249).
       (ii) The Montreal Protocol on Substances that Deplete the 
     Ozone Layer, done at Montreal September 16, 1987.
       (iii) The Protocol of 1978 Relating to the International 
     Convention for the Prevention of Pollution from Ships, 1973, 
     done at London February 17, 1978.
       (iv) The Convention on Wetlands of International Importance 
     Especially as Waterfowl Habitat, done at Ramsar February 2, 
     1971 (TIAS 11084).
       (v) The Convention on the Conservation of Antarctic Marine 
     Living Resources, done at Canberra May 20, 1980 (33 UST 
     3476).
       (vi) The International Convention for the Regulation of 
     Whaling, done at Washington December 2, 1946 (62 Stat. 1716).
       (vii) The Convention for the Establishment of an Inter-
     American Tropical Tuna Commission, done at Washington May 31, 
     1949 (1 UST 230).
       (C) Additional agreements.--Both the United States and one 
     or more other parties to the negotiations may agree to 
     include any other multilateral environmental or conservation 
     agreement to which they are full parties as a common 
     multilateral environmental agreement under this paragraph.
       (7) Core labor standards.--The term ``core labor 
     standards'' means--
       (A) freedom of association;
       (B) the effective recognition of the right to collective 
     bargaining;
       (C) the elimination of all forms of forced or compulsory 
     labor;
       (D) the effective abolition of child labor and a 
     prohibition on the worst forms of child labor; and
       (E) the elimination of discrimination in respect of 
     employment and occupation.
       (8) Dispute settlement understanding.--The term ``Dispute 
     Settlement Understanding'' means the Understanding on Rules 
     and Procedures Governing the Settlement of Disputes referred 
     to in section 101(d)(16) of the Uruguay Round Agreements Act 
     (19 U.S.C. 3511(d)(16)).
       (9) Enabling clause.--The term ``Enabling Clause'' means 
     the Decision on Differential and More Favourable Treatment, 
     Reciprocity and Fuller Participation of Developing Countries 
     (L/4903), adopted November

[[Page 13044]]

     28, 1979, under GATT 1947 (as defined in section 2 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3501)).
       (10) Environmental laws.--The term ``environmental laws'', 
     with respect to the laws of the United States, means 
     environmental statutes and regulations enforceable by action 
     of the Federal Government.
       (11) GATT 1994.--The term ``GATT 1994'' has the meaning 
     given that term in section 2 of the Uruguay Round Agreements 
     Act (19 U.S.C. 3501).
       (12) General agreement on trade in services.--The term 
     ``General Agreement on Trade in Services'' means the General 
     Agreement on Trade in Services (referred to in section 
     101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(14))).
       (13) Government procurement agreement.--The term 
     ``Government Procurement Agreement'' means the Agreement on 
     Government Procurement referred to in section 101(d)(17) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).
       (14) ILO.--The term ``ILO'' means the International Labor 
     Organization.
       (15) Import sensitive agricultural product.--The term 
     ``import sensitive agricultural product'' means an 
     agricultural product--
       (A) with respect to which, as a result of the Uruguay Round 
     Agreements the rate of duty was the subject of tariff 
     reductions by the United States and, pursuant to such 
     Agreements, was reduced on January 1, 1995, to a rate that 
     was not less than 97.5 percent of the rate of duty that 
     applied to such article on December 31, 1994; or
       (B) which was subject to a tariff rate quota on the date of 
     the enactment of this Act.
       (16) Information technology agreement.--The term 
     ``Information Technology Agreement'' means the Ministerial 
     Declaration on Trade in Information Technology Products of 
     the World Trade Organization, agreed to at Singapore December 
     13, 1996.
       (17) Internationally recognized core labor standards.--The 
     term ``internationally recognized core labor standards'' 
     means the core labor standards only as stated in the ILO 
     Declaration on Fundamental Principles and Rights at Work and 
     its Follow-Up (1998).
       (18) Labor laws.--The term ``labor laws'' means the 
     statutes and regulations, or provisions thereof, of a party 
     to the negotiations that are directly related to core labor 
     standards as well as other labor protections for children and 
     minors and acceptable conditions of work with respect to 
     minimum wages, hours of work, and occupational safety and 
     health, and for the United States, includes Federal statutes 
     and regulations addressing those standards, protections, or 
     conditions but does not include State or local labor laws.
       (19) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen;
       (B) a partnership, corporation, or other legal entity that 
     is organized under the laws of the United States; and
       (C) a partnership, corporation, or other legal entity that 
     is organized under the laws of a foreign country and is 
     controlled by entities described in subparagraph (B) or 
     United States citizens, or both.
       (20) Uruguay round agreements.--The term ``Uruguay Round 
     Agreements'' has the meaning given that term in section 2(7) 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
       (21) World trade organization; wto.--The terms ``World 
     Trade Organization'' and ``WTO'' mean the organization 
     established pursuant to the WTO Agreement.
       (22) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.
       (23) WTO member.--The term ``WTO member'' has the meaning 
     given that term in section 2(10) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501(10)).
                                 ______
                                 
  SA 3665. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                        TITLE II--MISCELLANEOUS

     SEC. 201. COMMERCIAL DRIVERS LICENSE SKILLS TESTING REPORT.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study to determine--
       (A) the Commercial Drivers License (referred to in this 
     section as ``CDL'') skills testing procedures used by each 
     State;
       (B) whether States using the procedures described in 
     paragraph (2)(A) have reduced testing wait times, on average, 
     compared to the procedures described in subparagraphs (B) and 
     (C) of paragraph (2);
       (C) for each of the 3 CDL skills testing procedures 
     described in paragraph (2)--
       (i) the average time between a CDL applicant's request for 
     a CDL skills test and such test in States using such 
     procedure;
       (ii) the failure rate of CDL applicants in States using 
     such procedure; and
       (iii) the average time between a CDL applicant's request to 
     retake a CDL skills test and such test; and
       (D) the total economic impact of CDL skills testing delays.
       (2) Skills testing procedures.--The procedures described in 
     this paragraph are--
       (A) third party testing, using nongovernmental contractors 
     to proctor CDL skills tests on behalf of the State;
       (B) modified third party testing, administering CDL skills 
     tests at State testing facilities, community colleges, or a 
     limited number of third parties; and
       (C) State testing, administering CDL skills tests only at 
     State-owned facilities.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress that contains the results of the study 
     conducted pursuant to subsection (a).

     SEC. 202. WAIVER OF NONCONFLICTING REGULATIONS FOR 
                   INFRASTRUCTURE PROJECTS.

       (a) Definitions.--In this section:
       (1) Infrastructure project.--
       (A) In general.--The term ``infrastructure project'' means 
     any physical systems project carried out in the United 
     States, such as a project relating to transportation, 
     communications, sewage, or water.
       (B) Inclusion.--The term ``infrastructure project'' 
     includes a project for energy infrastructure.
       (2) Nonconflicting regulation.--The term ``nonconflicting 
     regulation'' means a Federal regulation applicable to an 
     infrastructure project, the waiver of which would not 
     conflict with any provision of Federal or State law, as 
     determined by the Secretary concerned.
       (3) Secretary concerned.--
       (A) In general.--The term ``Secretary concerned'' means the 
     head of a Federal department or agency with jurisdiction over 
     a nonconflicting regulation.
       (B) Inclusions.--The term ``Secretary concerned'' 
     includes--
       (i) the Administrator of the Environmental Protection 
     Agency, with respect to nonconflicting regulations of the 
     Environmental Protection Agency; and
       (ii) the Secretary of the Army, acting through the Chief of 
     Engineers, with respect to nonconflicting regulations of the 
     Corps of Engineers.
       (b) Action by Secretary Concerned.--
       (1) In general.--Subject to paragraph (3), on receipt of a 
     request of the Governor of a State in which an infrastructure 
     project is conducted, the Secretary concerned shall waive any 
     nonconflicting regulation applicable to the infrastructure 
     project that, as determined by the Secretary concerned, in 
     consultation with the Governor, impedes or could impede the 
     progress of the infrastructure project.
       (2) Deadline for waiver.--The Secretary concerned shall 
     waive a nonconflicting regulation by not later than 90 days 
     after the date of receipt of a request under paragraph (1).
       (3) Exception.--The Secretary concerned shall provide a 
     waiver under this subsection with respect to a nonconflicting 
     regulation unless the Secretary concerned provides to the 
     applicable Governor, by not later than the date described in 
     paragraph (2), a written notice that the nonconflicting 
     regulation is necessary due to a specific, direct, and 
     quantifiable concern for safety or the environment.

     SEC. 203. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION 
                   ON ALL AVAILABLE FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Available federal land.--The term ``available Federal 
     land'' means any Federal land that, as of May 31, 2013--
       (A) is located within the boundaries of a State;
       (B) is not held by the United States in trust for the 
     benefit of a federally recognized Indian tribe;
       (C) is not a unit of the National Park System;
       (D) is not a unit of the National Wildlife Refuge System; 
     and
       (E) is not a Congressionally designated wilderness area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means--
       (A) a State; and
       (B) the District of Columbia.
       (b) State Programs.--
       (1) In general.--A State--
       (A) may establish a program covering the leasing and 
     permitting processes, regulatory requirements, and any other 
     provisions by which the State would exercise its rights to 
     develop all forms of energy resources on available Federal 
     land in the State; and
       (B) as a condition of certification under subsection (c)(2) 
     shall submit a declaration to the Departments of the 
     Interior, Agriculture, and Energy that a program under 
     subparagraph (A) has been established or amended.
       (2) Amendment of programs.--A State may amend a program 
     developed and certified under this section at any time.
       (3) Certification of amended programs.--Any program amended 
     under paragraph (2) shall be certified under subsection 
     (c)(2).
       (c) Leasing, Permitting, and Regulatory Programs.--
       (1) Satisfaction of federal requirements.--Each program 
     certified under this

[[Page 13045]]

     section shall be considered to satisfy all applicable 
     requirements of Federal law (including regulations), 
     including--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.).
       (2) Federal certification and transfer of development 
     rights.--Upon submission of a declaration by a State under 
     subsection (b)(1)(B)(i)--
       (A) the program under subsection (b)(1)(A) shall be 
     certified; and
       (B) the State shall receive all rights from the Federal 
     Government to develop all forms of energy resources covered 
     by the program.
       (3) Issuance of permits and leases.--If a State elects to 
     issue a permit or lease for the development of any form of 
     energy resource on any available Federal land within the 
     borders of the State in accordance with a program certified 
     under paragraph (2), the permit or lease shall be considered 
     to meet all applicable requirements of Federal law (including 
     regulations).
       (d) Judicial Review.--Activities carried out in accordance 
     with this section shall not be subject to judicial review.
       (e) Administrative Procedure Act.--Activities carried out 
     in accordance with this sectuib shall not be subject to 
     subchapter II of chapter 5, and chapter 7, of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').

     SEC. 204. FRACTURING REGULATIONS ARE EFFECTIVE IN STATE 
                   HANDS.

       (a) Findings.--Congress finds that--
       (1) hydraulic fracturing is a commercially viable practice 
     that has been used in the United States for more than 60 
     years in more than 1,000,000 wells;
       (2) the Ground Water Protection Council, a national 
     association of State water regulators that is considered to 
     be a leading groundwater protection organization in the 
     United States, released a report entitled ``State Oil and 
     Natural Gas Regulations Designed to Protect Water Resources'' 
     and dated May 2009 finding that the ``current State 
     regulation of oil and gas activities is environmentally 
     proactive and preventive'';
       (3) that report also concluded that ``[a]ll oil and gas 
     producing States have regulations which are designed to 
     provide protection for water resources'';
       (4) a 2004 study by the Environmental Protection Agency, 
     entitled ``Evaluation of Impacts to Underground Sources of 
     Drinking Water by Hydraulic Fracturing of Coalbed Methane 
     Reservoirs'', found no evidence of drinking water wells 
     contaminated by fracture fluid from the fracked formation;
       (5) a 2009 report by the Ground Water Protection Council, 
     entitled ``State Oil and Natural Gas Regulations Designed to 
     Protect Water Resources'', found a ``lack of evidence'' that 
     hydraulic fracturing conducted in both deep and shallow 
     formations presents a risk of endangerment to ground water;
       (6) a January 2009 resolution by the Interstate Oil and Gas 
     Compact Commission stated ``The states, who regulate 
     production, have comprehensive laws and regulations to ensure 
     operations are safe and to protect drinking water. States 
     have found no verified cases of groundwater contamination 
     associated with hydraulic fracturing.'';
       (7) on May 24, 2011, before the Oversight and Government 
     Reform Committee of the House of Representatives, Lisa 
     Jackson, the Administrator of the Environmental Protection 
     Agency, testified that she was ``not aware of any proven case 
     where the fracking process itself has affected water'';
       (8) in 2011, Bureau of Land Management Director Bob Abbey 
     stated, ``We have not seen evidence of any adverse effect as 
     a result of the use of the chemicals that are part of that 
     fracking technology.'';
       (9)(A) activities relating to hydraulic fracturing (such as 
     surface discharges, wastewater disposal, and air emissions) 
     are already regulated at the Federal level under a variety of 
     environmental statutes, including portions of--
       (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
     and
       (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but
       (B) Congress has continually elected not to include the 
     hydraulic fracturing process in the underground injection 
     control program under the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.);
       (10) in 2011, the Secretary of the Interior announced the 
     intention to promulgate new Federal regulations governing 
     hydraulic fracturing on Federal land; and
       (11) a February 2012 study by the Energy Institute at the 
     University of Texas at Austin, entitled ``Fact-Based 
     Regulation for Environmental Protection in Shale Gas 
     Development'', found that ``[n]o evidence of chemicals from 
     hydraulic fracturing fluid has been found in aquifers as a 
     result of fracturing operations''.
       (b) Definition of Federal Land.--In this section, the term 
     ``Federal land'' means--
       (1) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702));
       (2) National Forest System land;
       (3) land under the jurisdiction of the Bureau of 
     Reclamation; and
       (4) land under the jurisdiction of the Corps of Engineers.
       (c) State Authority.--
       (1) In general.--A State shall have the sole authority to 
     promulgate or enforce any regulation, guidance, or permit 
     requirement regarding the treatment of a well by the 
     application of fluids under pressure to which propping agents 
     may be added for the expressly designed purpose of initiating 
     or propagating fractures in a target geologic formation in 
     order to enhance production of oil, natural gas, or 
     geothermal production activities on or under any land within 
     the boundaries of the State.
       (2) Federal land.--The treatment of a well by the 
     application of fluids under pressure to which propping agents 
     may be added for the expressly designed purpose of initiating 
     or propagating fractures in a target geologic formation in 
     order to enhance production of oil, natural gas, or 
     geothermal production activities on Federal land shall be 
     subject to the law of the State in which the land is located.

     SEC. 205. ALTERNATIVE FUEL VEHICLE DEVELOPMENT.

       (a) Alternative Fuel Vehicles.--
       (1) Maximum fuel economy increase for alternative fuel 
     automobiles.--Section 32906(a) of title 49, United States 
     Code, is amended by striking ``(except an electric 
     automobile)'' and inserting ``(except an electric automobile 
     or, beginning with model year 2016, an alternative fueled 
     automobile that does not use a fuel described in subparagraph 
     (A), (B), (C), or (D) of section 32901(a)(1))''.
       (2) Minimum driving ranges for dual fueled passenger 
     automobiles.--Section 32901(c)(2) of title 49, United States 
     Code, is amended--
       (A) in subparagraph (B), by inserting ``, except that 
     beginning with model year 2016, alternative fueled 
     automobiles that do not use a fuel described in subparagraph 
     (A), (B), (C), or (D) of subsection (a)(1) shall have a 
     minimum driving range of 150 miles'' after ``at least 200 
     miles''; and
       (B) in subparagraph (C), by adding at the end the 
     following: ``Beginning with model year 2016, if the Secretary 
     prescribes a minimum driving range of 150 miles for 
     alternative fueled automobiles that do not use a fuel 
     described in subparagraph (A), (B), (C), or (D) of subsection 
     (a)(1), subparagraph (A) shall not apply to dual fueled 
     automobiles (except electric automobiles).''.
       (3) Manufacturing provision for alternative fuel 
     automobiles.--Section 32905(d) of title 49, United States 
     Code, is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``For any model'' and inserting the 
     following:
       ``(1) Model years 1993 through 2015.--For any model'';
       (C) in paragraph (1), as redesignated, by striking ``2019'' 
     and inserting ``2015''; and
       (D) by adding at the end the following:
       ``(2) Model years after 2015.--For any model of gaseous 
     fuel dual fueled automobile manufactured by a manufacturer 
     after model year 2015, the Administrator shall calculate fuel 
     economy as a weighted harmonic average of the fuel economy on 
     gaseous fuel as measured under subsection (c) and the fuel 
     economy on gasoline or diesel fuel as measured under section 
     32904(c). The Administrator shall apply the utility factors 
     set forth in the table under section 600.510-12(c)(2)(vii)(A) 
     of title 40, Code of Federal Regulations.
       ``(3) Model years after 2016.--Beginning with model year 
     2017, the manufacturer may elect to utilize the utility 
     factors set forth under subsection (e)(1) for the purposes of 
     calculating fuel economy under paragraph (2).''.
       (4) Electric dual fueled automobiles.--Section 32905 of 
     title 49, United States Code, is amended--
       (A) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (B) by inserting after subsection (d) the following:
       ``(e) Electric Dual Fueled Automobiles.--
       ``(1) In general.--At the request of the manufacturer, the 
     Administrator may measure the fuel economy for any model of 
     dual fueled automobile manufactured after model year 2015 
     that is capable of operating on electricity in addition to 
     gasoline or diesel fuel, obtains its electricity from a 
     source external to the vehicle, and meets the minimum driving 
     range requirements established by the Secretary for dual 
     fueled electric automobiles, by dividing 1.0 by the sum of--
       ``(A) the percentage utilization of the model on gasoline 
     or diesel fuel, as determined by a formula based on the 
     model's alternative fuel range, divided by the fuel economy 
     measured under section 32904(c); and
       ``(B) the percentage utilization of the model on 
     electricity, as determined by a formula based on the model's 
     alternative fuel range, divided by the fuel economy measured 
     under section 32904(a)(2).
       ``(2) Alternative utilization.--The Administrator may adapt 
     the utility factor established under paragraph (1) for 
     alternative

[[Page 13046]]

     fueled automobiles that do not use a fuel described in 
     subparagraph (A), (B), (C), or (D) of section 32901(a)(1).
       ``(3) Alternative calculation.--If the manufacturer does 
     not request that the Administrator calculate the 
     manufacturing incentive for its electric dual fueled 
     automobiles in accordance with paragraph (1), the 
     Administrator shall calculate such incentive for such 
     automobiles manufactured by such manufacturer after model 
     year 2015 in accordance with subsection (b).''.
       (5) Conforming amendment.--Section 32906(b) of title 49, 
     United States Code, is amended by striking ``section 
     32905(e)'' and inserting ``section 32905(f)''.
       (b) High Occupancy Vehicle Facilities.--Section 166 of 
     title 23, United States Code, is amended--
       (1) in subparagraph (b)(5), by striking subparagraph (A) 
     and inserting the following:
       ``(A) Inherently low-emission vehicles.--If a State agency 
     establishes procedures for enforcing the restrictions on the 
     use of a HOV facility by vehicles listed in clauses (i) and 
     (ii), the State agency may allow the use of the HOV facility 
     by--
       ``(i) alternative fuel vehicles; and
       ``(ii) new qualified plug-in electric drive motor vehicles 
     (as defined in section 30D(d)(1) of the Internal Revenue Code 
     of 1986).''; and
       (2) in subparagraph (f)(1), by inserting ``solely'' before 
     ``operating''.
       (c) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy, after 
     consultation with the Secretary of Transportation, shall 
     submit a report to Congress that--
       (1) describes options to incentivize the development of 
     public compressed natural gas fueling stations; and
       (2) analyzes a variety of possible financing tools, which 
     could include--
       (A) Federal grants and credit assistance;
       (B) public-private partnerships; and
       (C) membership-based cooperatives.

     SEC. 206. CATEGORICAL EXCLUSIONS IN EMERGENCIES.

       Section 1315 of the Moving Ahead for Progress in the 21st 
     Century Act (23 U.S.C. 109 note; 126 Stat. 549) is amended by 
     striking ``activity is--'' and all that follows through ``(2) 
     commenced'' and inserting ``activity is commenced''.

     SEC. 207. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN RIGHT-
                   OF-WAY.

       Section 1316 of the Moving Ahead for Progress in the 21st 
     Century Act (23 U.S.C. 109 note; 126 Stat. 549) is amended--
       (1) in the heading of subsection (b), by striking ``an 
     Operational''; and
       (2) in subsection (a)(1) and subsection (b), by striking 
     ``operational'' each place it appears.

     SEC. 208. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE.

       Section 176 of the Clean Air Act (42 U.S.C. 7506) is 
     amended--
       (1) by striking ``(c)(1) No'' and all that follows through 
     ``(d) Each'' and inserting the following:
       ``(a) In General.--Each'';
       (2) in the first sentence, by striking ``prepared under 
     this section''; and
       (3) by striking the second sentence and inserting the 
     following:
       ``(b) Applicability.--This section applies to--
       ``(1) title 23, United States Code;
       ``(2) chapter 53 of title 49, United States Code; and
       ``(3) the Housing and Urban Development Act of 1968 (12 
     U.S.C. 1701t et seq.).''.

     SEC. 209. TERMINATION OF EFFECTIVENESS.

       (a) In General.--The amendments made by this title shall 
     terminate on the day that is 30 days after the date of 
     enactment of this Act if the Secretary of Labor, acting 
     through the Bureau of Labor Statistics, in coordination with 
     the heads of other Federal agencies, including the 
     Administrator of the Environmental Protection Agency and the 
     Secretary of Health and Human Services, fails to publish in 
     the Federal Register a report that models the impact of major 
     Federal regulations on job creation across the whole economy 
     of the United States.
       (b) Updates.--
       (1) In general.--The Secretary of Labor, acting through the 
     Bureau of Labor Statistics, shall update the report described 
     in subsection (a) not less frequently than once every 30 
     days.
       (2) Termination.--The amendments made by this title shall 
     terminate on the date that is 30 days after the date on which 
     the most recent report described in paragraph (1) is required 
     if the Secretary of Labor, acting through the Bureau of Labor 
     Statistics, fails to update the report in accordance with 
     paragraph (1).
                                 ______
                                 
  SA 3666. Mr. HOEVEN (for himself and Mr. Thune) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION __. KEYSTONE XL APPROVAL.

       (a) In General.--TransCanada Keystone Pipeline, L.P. may 
     construct, connect, operate, and maintain the pipeline and 
     cross-border facilities described in the application filed on 
     May 4, 2012, by TransCanada Corporation to the Department of 
     State (including any subsequent revision to the pipeline 
     route within the State of Nebraska required or authorized by 
     the State of Nebraska).
       (b) Environmental Impact Statement.--The Final Supplemental 
     Environmental Impact Statement issued by the Secretary of 
     State in January 2014, regarding the pipeline referred to in 
     subsection (a), and the environmental analysis, consultation, 
     and review described in that document (including appendices) 
     shall be considered to fully satisfy--
       (1) all requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (2) any other provision of law that requires Federal agency 
     consultation or review (including the consultation or review 
     required under section 7(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
     facilities referred to in subsection (a).
       (c) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the pipeline and 
     cross-border facilities referred to in subsection (a) shall 
     remain in effect.
       (d) Federal Judicial Review.--Any legal challenge to a 
     Federal agency action regarding the pipeline and cross-border 
     facilities described in subsection (a), and the related 
     facilities in the United States, that are approved by this 
     Act, and any permit, right-of-way, or other action taken to 
     construct or complete the project pursuant to Federal law, 
     shall only be subject to judicial review on direct appeal to 
     the United States Court of Appeals for the District of 
     Columbia Circuit.
       (e) Private Property Savings Clause.--Nothing in this Act 
     alters any Federal, State, or local process or condition in 
     effect on the date of enactment of this Act that is necessary 
     to secure access from an owner of private property to 
     construct the pipeline and cross-border facilities described 
     in subsection (a).
                                 ______
                                 
  SA 3667. Mr. HOEVEN (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

TITLE II--REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND 
                               IN STATES

     SEC. 201.

       This title may be cited as the ``Empower States Act of 
     2013''.

     SEC. 202. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     of the Interior shall not issue or promulgate any guideline 
     or regulation relating to oil or gas exploration or 
     production on Federal land in a State if the State has 
     otherwise met the requirements under this Act or any other 
     applicable Federal law.
       ``(b) Exception.--The Secretary may issue or promulgate 
     guidelines and regulations relating to oil or gas exploration 
     or production on Federal land in a State if the Secretary of 
     the Interior determines that as a result of the oil or gas 
     exploration or production there is an imminent and 
     substantial danger to the public health or environment.''.

     SEC. 203. REGULATIONS.

       Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1459. REGULATIONS.

       ``(a) Comments Relating to Oil and Gas Exploration and 
     Production.--Before issuing or promulgating any guideline or 
     regulation relating to oil and gas exploration and production 
     on Federal, State, tribal, or fee land pursuant to this Act, 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act 
     entitled `An Act to regulate the leasing of certain Indian 
     lands for mining purposes', approved May 11, 1938 (commonly 
     known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 
     396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), or any other provision of law or Executive order, the 
     head of a Federal department or agency shall seek comments 
     from and consult with the head of each affected State, State 
     agency, and Indian tribe at a location within the 
     jurisdiction of the State or Indian tribe, as applicable.
       ``(b) Statement of Energy and Economic Impact.--Each 
     Federal department or agency described in subsection (a) 
     shall develop a Statement of Energy and Economic Impact, 
     which shall consist of a detailed statement

[[Page 13047]]

     and analysis supported by credible objective evidence 
     relating to--
       ``(1) any adverse effects on energy supply, distribution, 
     or use, including a shortfall in supply, price increases, and 
     increased use of foreign supplies; and
       ``(2) any impact on the domestic economy if the action is 
     taken, including the loss of jobs and decrease of revenue to 
     each of the general and educational funds of the State or 
     affected Indian tribe.
       ``(c) Regulations.--
       ``(1) In general.--A Federal department or agency shall not 
     impose any new or modified regulation unless the head of the 
     applicable Federal department or agency determines--
       ``(A) that the rule is necessary to prevent imminent 
     substantial danger to the public health or the environment; 
     and
       ``(B) by clear and convincing evidence, that the State or 
     Indian tribe does not have an existing reasonable alternative 
     to the proposed regulation.
       ``(2) Disclosure.--Any Federal regulation promulgated on or 
     after the date of enactment of this paragraph that requires 
     disclosure of hydraulic fracturing chemicals shall refer to 
     the database managed by the Ground Water Protection Council 
     and the Interstate Oil and Gas Compact Commission (as in 
     effect on the date of enactment of this Act).
       ``(d) Judicial Review.--
       ``(1) In general.--With respect to any regulation described 
     in this section, a State or Indian tribe adversely affected 
     by an action carried out under the regulation shall be 
     entitled to review by a United States district court located 
     in the State or the District of Columbia of compliance by the 
     applicable Federal department or agency with the requirements 
     of this section.
       ``(2) Action by court.--
       ``(A) In general.--A district court providing review under 
     this subsection may enjoin or mandate any action by a 
     relevant Federal department or agency until the district 
     court determines that the department or agency has complied 
     with the requirements of this section.
       ``(B) Damages.--The court shall not order money damages.
       ``(3) Scope and standard of review.--In reviewing a 
     regulation under this subsection--
       ``(A) the court shall not consider any evidence outside of 
     the record that was before the agency; and
       ``(B) the standard of review shall be de novo.''.
                                 ______
                                 
  SA 3668. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

               DIVISION _--NORTH ATLANTIC ENERGY SECURITY

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``North 
     Atlantic Energy Security Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:
Sec. 1. Short title; table of contents.

               TITLE I--NATURAL GAS GATHERING ENHANCEMENT

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Authority to approve natural gas pipelines.
Sec. 104. Certain natural gas gathering lines located on Federal land 
              and Indian land.
Sec. 105. Deadlines for permitting natural gas gathering lines under 
              the Mineral Leasing Act.
Sec. 106. Deadlines for permitting natural gas gathering lines under 
              the Federal Land Policy and Management Act of 1976.
Sec. 107. LNG regulatory certainty.
Sec. 108. Expedited approval of exportation of natural gas to Ukraine 
              and North Atlantic Treaty Organization member countries 
              and Japan.

           TITLE II--ONSHORE OIL AND GAS PERMIT STREAMLINING

                  Subtitle A--Streamlining Permitting

Sec. 201. Short title.
Sec. 202. Permit to drill application timeline.
Sec. 203. Making pilot offices permanent to improve energy permitting 
              on Federal land.
Sec. 204. Administration.
Sec. 205. Judicial review.

                 Subtitle B--BLM Live Internet Auctions

Sec. 211. Short title.
Sec. 212. Internet-based onshore oil and gas lease sales.

               TITLE I--NATURAL GAS GATHERING ENHANCEMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Natural Gas Gathering 
     Enhancement Act''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) record volumes of natural gas production in the United 
     States as of the date of enactment of this Act are providing 
     enormous benefits to the United States, including by--
       (A) reducing the need for imports of natural gas, thereby 
     directly reducing the trade deficit;
       (B) strengthening trade ties among the United States, 
     Canada, and Mexico;
       (C) providing the opportunity for the United States to join 
     the emerging global gas trade through the export of liquefied 
     natural gas;
       (D) creating and supporting millions of new jobs across the 
     United States;
       (E) adding billions of dollars to the gross domestic 
     product of the United States every year;
       (F) generating additional Federal, State, and local 
     government tax revenues; and
       (G) revitalizing the manufacturing sector by providing 
     abundant and affordable feedstock;
       (2) large quantities of natural gas are lost due to venting 
     and flaring, primarily in areas where natural gas 
     infrastructure has not been developed quickly enough, such as 
     States with large quantities of Federal land and Indian land;
       (3) permitting processes can hinder the development of 
     natural gas infrastructure, such as pipeline lines and 
     gathering lines on Federal land and Indian land; and
       (4) additional authority for the Secretary of the Interior 
     to approve natural gas pipelines and gathering lines on 
     Federal land and Indian land would--
       (A) assist in bringing gas to market that would otherwise 
     be vented or flared; and
       (B) significantly increase royalties collected by the 
     Secretary of the Interior and disbursed to Federal, State, 
     and tribal governments and individual Indians.

     SEC. 103. AUTHORITY TO APPROVE NATURAL GAS PIPELINES.

       Section 1 of the Act of February 15, 1901 (31 Stat. 790, 
     chapter 372; 16 U.S.C. 79), is amended by inserting ``, for 
     natural gas pipelines'' after ``distribution of electrical 
     power''.

     SEC. 104. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON 
                   FEDERAL LAND AND INDIAN LAND.

       (a) In General.--Subtitle B of title III of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is 
     amended by adding at the end the following:

     ``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON 
                   FEDERAL LAND AND INDIAN LAND.

       ``(a) Definitions.--In this section:
       ``(1) Gas gathering line and associated field compression 
     unit.--
       ``(A) In general.--The term `gas gathering line and 
     associated field compression unit' means--
       ``(i) a pipeline that is installed to transport natural gas 
     production associated with 1 or more wells drilled and 
     completed to produce crude oil; and
       ``(ii) if necessary, a compressor to raise the pressure of 
     that transported natural gas to higher pressures suitable to 
     enable the gas to flow into pipelines and other facilities.
       ``(B) Exclusions.--The term `gas gathering line and 
     associated field compression unit' does not include a 
     pipeline or compression unit that is installed to transport 
     natural gas from a processing plant to a common carrier 
     pipeline or facility.
       ``(2) Federal land.--
       ``(A) In general.--The term `Federal land' means land the 
     title to which is held by the United States.
       ``(B) Exclusions.--The term `Federal land' does not 
     include--
       ``(i) a unit of the National Park System;
       ``(ii) a unit of the National Wildlife Refuge System; or
       ``(iii) a component of the National Wilderness Preservation 
     System.
       ``(3) Indian land.--The term `Indian land' means land the 
     title to which is held by--
       ``(A) the United States in trust for an Indian tribe or an 
     individual Indian; or
       ``(B) an Indian tribe or an individual Indian subject to a 
     restriction by the United States against alienation.
       ``(b) Certain Natural Gas Gathering Lines.--
       ``(1) In general.--Subject to paragraph (2), the issuance 
     of a sundry notice or right-of-way for a gas gathering line 
     and associated field compression unit that is located on 
     Federal land or Indian land and that services any oil well 
     shall be considered to be an action that is categorically 
     excluded (as defined in section 1508.4 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act)) for purposes of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering 
     line and associated field compression unit are--
       ``(A) within a field or unit for which an approved land use 
     plan or an environmental document prepared pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) analyzed transportation of natural gas produced from 1 
     or more oil wells in that field or unit as a reasonably 
     foreseeable activity; and
       ``(B) located adjacent to an existing disturbed area for 
     the construction of a road or pad.
       ``(2) Applicability.--
       ``(A) Federal land.--Paragraph (1) shall not apply to 
     Federal land, or a portion of Federal land, for which the 
     Governor of the

[[Page 13048]]

     State in which the Federal land is located submits to the 
     Secretary of the Interior or the Secretary of Agriculture, as 
     applicable, a written request that paragraph (1) not apply to 
     that Federal land (or portion of Federal land).
       ``(B) Indian land.--Paragraph (1) shall apply to Indian 
     land, or a portion of Indian land, for which the Indian tribe 
     with jurisdiction over the Indian land submits to the 
     Secretary of the Interior a written request that paragraph 
     (1) apply to that Indian land (or portion of Indian land).
       ``(c) Effect on Other Law.--Nothing in this section affects 
     or alters any requirement--
       ``(1) relating to prior consent under--
       ``(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 
     324); or
       ``(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 
     476(e)) (commonly known as the `Indian Reorganization Act'); 
     or
       ``(2) under any other Federal law (including regulations) 
     relating to tribal consent for rights-of-way across Indian 
     land.''.
       (b) Assessments.--Title XVIII of the Energy Policy Act of 
     2005 (Public Law 109-58; 119 Stat. 1122) is amended by adding 
     at the end the following:

     ``SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.

       ``(a) Definition of Gas Gathering Line and Associated Field 
     Compression Unit.--In this section, the term `gas gathering 
     line and associated field compression unit' has the meaning 
     given the term in section 319.
       ``(b) Study.--Not later than 1 year after the date of 
     enactment of the North Atlantic Energy Security Act of 2014, 
     the Secretary of the Interior, in consultation with other 
     appropriate Federal agencies, States, and Indian tribes, 
     shall conduct a study to identify--
       ``(1) any actions that may be taken, under Federal law 
     (including regulations), to expedite permitting for gas 
     gathering lines and associated field compression units that 
     are located on Federal land or Indian land, for the purpose 
     of transporting natural gas associated with crude oil 
     production on any land to a processing plant or a common 
     carrier pipeline for delivery to markets; and
       ``(2) any proposed changes to Federal law (including 
     regulations) to expedite permitting for gas gathering lines 
     and associated field compression units that are located on 
     Federal land or Indian land, for the purpose of transporting 
     natural gas associated with crude oil production on any land 
     to a processing plant or a common carrier pipeline for 
     delivery to markets.
       ``(c) Report.--Not later than 180 days after the date of 
     enactment of the North Atlantic Energy Security Act of 2014, 
     and every 180 days thereafter, the Secretary of the Interior, 
     in consultation with other appropriate Federal agencies, 
     States, and Indian tribes, shall submit to Congress a report 
     that describes--
       ``(1) the progress made in expediting permits for gas 
     gathering lines and associated field compression units that 
     are located on Federal land or Indian land, for the purpose 
     of transporting natural gas associated with crude oil 
     production on any land to a processing plant or a common 
     carrier pipeline for delivery to markets; and
       ``(2) any issues impeding that progress.''.
       (c) Technical Amendments.--
       (1) Section 1(b) of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 594) is amended by adding at the end of 
     subtitle B of title III the following:

``Sec. 319. Certain natural gas gathering lines located on Federal land 
              and Indian land.''.

       (2) Section 1(b) of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 594) is amended by adding at the end of 
     title XXVIII the following:

``Sec. 1841. Natural gas gathering system assessments.''.

     SEC. 105. DEADLINES FOR PERMITTING NATURAL GAS GATHERING 
                   LINES UNDER THE MINERAL LEASING ACT.

       Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is 
     amended by adding at the end the following:
       ``(z) Natural Gas Gathering Lines.--The Secretary of the 
     Interior or other appropriate agency head shall issue a 
     sundry notice or right-of-way for a gas gathering line and 
     associated field compression unit (as defined in section 
     319(a) of the Energy Policy Act of 2005) that is located on 
     Federal lands--
       ``(1) for a gas gathering line and associated field 
     compression unit described in section 319(b) of the Energy 
     Policy Act of 2005, not later than 30 days after the date on 
     which the applicable agency head receives the request for 
     issuance; and
       ``(2) for all other gas gathering lines and associated 
     field compression units, not later than 60 days after the 
     date on which the applicable agency head receives the request 
     for issuance.''.

     SEC. 106. DEADLINES FOR PERMITTING NATURAL GAS GATHERING 
                   LINES UNDER THE FEDERAL LAND POLICY AND 
                   MANAGEMENT ACT OF 1976.

       Section 504 of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1764) is amended by adding at the end the 
     following:
       ``(k) Natural Gas Gathering Lines.--The Secretary concerned 
     shall issue a sundry notice or right-of-way for a gas 
     gathering line and associated field compression unit (as 
     defined in section 319(a) of the Energy Policy Act of 2005) 
     that is located on public lands--
       ``(1) for a gas gathering line and associated field 
     compression unit described in section 319(b) of the Energy 
     Policy Act of 2005, not later than 30 days after the date on 
     which the applicable agency head receives the request for 
     issuance; and
       ``(2) for all other gas gathering lines and associated 
     field compression units, not later than 60 days after the 
     date on which the applicable agency head receives the request 
     for issuance.''.

     SEC. 107. LNG REGULATORY CERTAINTY.

       Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
     amended by adding at the end the following:
       ``(g) Deadline for Certain Applications for Exportation of 
     Natural Gas.--
       ``(1) In general.--The Commission shall make a public 
     interest determination and issue an order under subsection 
     (a) for an application for the exportation of natural gas to 
     a foreign country through a particular LNG terminal not later 
     than 45 days after receipt of an application under subsection 
     (e) for--
       ``(A) the conversion of that LNG terminal into an LNG 
     import or export facility; or
       ``(B) the construction of that LNG terminal.
       ``(2) Application.--This subsection shall not apply with 
     respect to an application under subsection (a) for the 
     exportation of natural gas--
       ``(A) to a foreign country--
       ``(i) to which the exportation of natural gas is otherwise 
     prohibited by law; or
       ``(ii) described in subsection (c); or
       ``(B) if the Commission has made a contingent determination 
     with respect to the application.
       ``(3) Effect.--Except as specifically provided in this 
     subsection, nothing in this subsection affects the authority 
     of the Commission to review, process, and make a 
     determination with respect to an application for the 
     exportation of natural gas.''.

     SEC. 108. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO 
                   UKRAINE AND NORTH ATLANTIC TREATY ORGANIZATION 
                   MEMBER COUNTRIES AND JAPAN.

       (a) In General.--In accordance with clause 3 of section 8 
     of article I of the Constitution of the United States 
     (delegating to Congress the power to regulate commerce with 
     foreign nations), Congress finds that exports of natural gas 
     produced in the United States to Ukraine, member countries of 
     the North Atlantic Treaty Organization, and Japan is--
       (1) necessary for the protection of the essential security 
     interests of the United States; and
       (2) in the public interest pursuant to section 3 of the 
     Natural Gas Act (15 U.S.C. 717b).
       (b) Expedited Approval.--Section 3(c) of the Natural Gas 
     Act (15 U.S.C. 717b(c)) is amended by inserting ``, to 
     Ukraine, to a member country of the North Atlantic Treaty 
     Organization, or to Japan'' after ``trade in natural gas''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall apply to applications for the authorization to export 
     natural gas under section 3 of the Natural Gas Act (15 U.S.C. 
     717b) that are pending on, or filed on or after, the date of 
     the enactment of this Act.

           TITLE II--ONSHORE OIL AND GAS PERMIT STREAMLINING

                  Subtitle A--Streamlining Permitting

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Streamlining Permitting 
     of American Energy Act of 2014''.

     SEC. 202. PERMIT TO DRILL APPLICATION TIMELINE.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) Timeline.--
       ``(i) In general.--Not later than 30 days after the date on 
     which the Secretary receives an application for a permit to 
     drill, the Secretary shall decide whether to issue or deny 
     the permit.
       ``(ii) Extension.--On giving written notice of a delay to 
     the applicant, the Secretary may extend the period described 
     in clause (i) for not more than 2 additional periods of 15 
     days each.
       ``(iii) Form of notice.--The notice referred to in clause 
     (ii) shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) 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) Application considered 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 shall be 
     considered to be approved, except in a case in which an 
     existing review 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.) is incomplete.

[[Page 13049]]

       ``(C) 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 on which the application is 
     submitted to the Secretary.
       ``(D) Fee.--
       ``(i) In general.--Notwithstanding any other provision of 
     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).
       ``(ii) Limitation.--The fee described in clause (i) shall 
     not apply to any resubmitted application.
       ``(iii) Treatment of permit processing fee.--Of all amounts 
     collected as fees under this paragraph, 50 percent shall be--

       ``(I) transferred to the field office where the fee is 
     collected; and
       ``(II) used to process leases and permits under this Act, 
     subject to appropriation.''.

     SEC. 203. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY 
                   PERMITTING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Energy projects.--The term ``energy projects'' includes 
     oil, natural gas, and other energy projects, as defined by 
     the Secretary.
       (2) Project.--The term ``Project'' means the Federal Permit 
     Streamlining Project established under subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Establishment.--The Secretary shall establish a Federal 
     Permit Streamlining Project in every Bureau of Land 
     Management field office with responsibility for permitting 
     energy projects on Federal land.
       (c) 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 Engineers.
       (2) State participation.--The Secretary may request that 
     the Governor of any State in which energy projects on Federal 
     land are located be a signatory to the memorandum of 
     understanding.
       (d) 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 (c), 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 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 agency of 
     the employee; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, and environmental 
     analyses on Federal land.
       (e) Additional Personnel.--The Secretary shall assign to 
     each Bureau of Land Management field office identified in 
     subsection (b) 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.).
       (f) Funding.--Salaries for the additional personnel shall 
     be funded from the collection of fees described in section 
     17(p)(2)(D) of the Mineral Leasing Act (30 U.S.C. 
     226(p)(2)(D)) (as amended by section 202).
       (g) 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.

     SEC. 204. ADMINISTRATION.

       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. 205. JUDICIAL REVIEW.

       (a) Definitions.--In this section:
       (1) Covered civil action.--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 land.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' means 
     the leasing of Federal land for the exploration, development, 
     production, processing, or transmission of oil, natural gas, 
     or any other source of energy, and any action carried out 
     pursuant to that lease.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any disputes between the parties to a lease 
     regarding the obligations under the lease, including 
     regarding any alleged breach of the lease.
       (b) 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.
       (c) Timely Filing.--To ensure timely redress by the courts, 
     a covered civil action shall be filed not later than the last 
     day of the 90-day period beginning on the date of the final 
     Federal agency action to which the covered civil action 
     relates.
       (d) Expedition in Hearing and Determining the Action.--The 
     court shall endeavor to hear and determine any covered civil 
     action as expeditiously as possible.
       (e) 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.
       (f) Limitation on Injunction and Prospective Relief.--
       (1) In general.--In a covered civil action, the court shall 
     not grant or approve any prospective relief unless the court 
     finds that the 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.
       (2) Duration of preliminary injunctions.--A court shall 
     limit the duration of a preliminary injunction to halt a 
     covered energy project to a period of not more than 60 days, 
     unless the court finds clear reasons to extend the 
     injunction.
       (3) Duration of extension.--An extension under paragraph 
     (2) shall--
       (A) only be for a period of not more than 30 days; and
       (B) require action by the court to renew the injunction.
       (g) Limitation on Attorneys' Fees.--Sections 504 of title 5 
     and 2412 of title 28, United States Code (commonly known as 
     the ``Equal Access to Justice Act'') shall not apply to a 
     covered civil action, nor shall any party in the covered 
     civil action receive payment from the Federal Government for 
     attorneys' fees, expenses, or other court costs.
       (h) Legal Standing.--A person filing an appeal with the 
     Department of the Interior Board of Land Appeals shall meet 
     the same standing requirements as a person before a United 
     States district court.

                 Subtitle B--BLM Live Internet Auctions

     SEC. 211. SHORT TITLE.

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

     SEC. 212. 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) Internet-based bidding.--
       ``(i) In general.--In order to diversify and expand the 
     onshore leasing program in the United States 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.
       ``(ii) Conclusion of sale.--Each individual Internet-based 
     lease sale shall conclude not later than 7 days after the 
     date of initiation of the sale.''.
       (b) Report.--Not later than 90 days after the tenth 
     Internet-based lease sale conducted pursuant to subparagraph 
     (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 
     226(b)(1)) (as added by subsection (a)), the Secretary of the 
     Interior shall conduct, and submit to Congress a report 
     describing the results of, an analysis of the first 10 such 
     lease sales, including--
       (1) estimates of increases or decreases in the lease sales, 
     compared to sales conducted by oral bidding, in--
       (A) the number of bidders;
       (B) the average amount of the bids;

[[Page 13050]]

       (C) the highest amount of the bids; and
       (D) the lowest amount of the bids;
       (2) an estimate on the total cost or savings to the 
     Department of the Interior as a result of the sales, as 
     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--
       (A) provide an opportunity to better maximize bidder 
     participation;
       (B) ensure the highest return to the Federal taxpayers;
       (C) minimize opportunities for fraud or collusion; and
       (D) ensure the security and integrity of the leasing 
     process.
                                 ______
                                 
  SA 3669. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. REGULATORY CERTAINTY.

       Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
     amended by adding at the end the following:
       ``(g) Deadline for Certain Applications for Exportation of 
     Natural Gas.--
       ``(1) LNG terminals.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Commission shall make a public interest determination and 
     issue an order under subsection (a) for an application for 
     the exportation of natural gas to a foreign country through a 
     particular LNG terminal not later than 45 days after receipt 
     of an application under subsection (e) for--
       ``(i) the conversion of that LNG terminal into an LNG 
     import or export facility; or
       ``(ii) the construction of that LNG terminal.
       ``(B) Limitation.--Subparagraph (A) shall only apply to 
     applications for the exportation of natural gas to a foreign 
     country under subsection (a) that have been pending for a 
     period of not less than 180 calendar days.
       ``(2) Application.--This subsection shall not apply with 
     respect to an application under subsection (a) for the 
     exportation of natural gas--
       ``(A) to a foreign country--
       ``(i) to which the exportation of natural gas is otherwise 
     prohibited by law; or
       ``(ii) described in subsection (c); or
       ``(B) if the Commission has made a contingent determination 
     with respect to the application.
       ``(3) Effect.--Except as specifically provided in this 
     subsection, nothing in this subsection affects the authority 
     of the Commission to review, process, and make a 
     determination with respect to an application for the 
     exportation of natural gas.
       ``(h) Judicial Action.--
       ``(1) In general.--The United States Court of Appeals for 
     the circuit in which an 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 Secretary of Energy with 
     respect to the application; or
       ``(B) the failure of the Secretary to issue a decision on 
     the application.
       ``(2) Order.--If the Court in a civil action described in 
     paragraph (1) finds that the Secretary has failed to issue a 
     decision on the application as required under subsection (a), 
     the Court shall order the Secretary to issue the decision not 
     later than 30 days after the date of the order of the Court.
       ``(3) Expedited consideration.--The Court shall--
       ``(A) set any civil action brought under this subsection 
     for expedited consideration; and
       ``(B) set the matter on the docket as soon as practicable 
     after the filing date of the initial pleading.''.
                                 ______
                                 
  SA 3670. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

                  DIVISION _--DOMESTIC ENERGY AND JOBS

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Domestic Energy and Jobs Act''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title; table of contents.

       TITLE I--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES

Sec. 101. Short title.
Sec. 102. Transportation Fuels Regulatory Committee.
Sec. 103. Analyses.
Sec. 104. Reports; public comment.
Sec. 105. No final action on certain rules.
Sec. 106. Consideration of feasibility and cost in revising or 
              supplementing national ambient air quality standards for 
              ozone.
Sec. 107. Fuel requirements waiver and study.

   TITLE II--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
                                STRATEGY

Sec. 201. Short title.
Sec. 202. Onshore domestic energy production strategic plan.

            TITLE III--ONSHORE OIL AND GAS LEASING CERTAINTY

Sec. 301. Short title.
Sec. 302. Minimum acreage requirement for onshore lease sales.
Sec. 303. Leasing certainty and consistency.
Sec. 304. Reduction of redundant policies.

                TITLE IV--STREAMLINED ENERGY PERMITTING

Sec. 401. Short title.

      Subtitle A--Application for Permits To Drill Process Reform

Sec. 411. Permit to drill application timeline.
Sec. 412. Solar and wind right-of-way rental reform.

         Subtitle B--Administrative Appeal Documentation Reform

Sec. 421. Administrative appeal documentation reform.

                    Subtitle C--Permit Streamlining

Sec. 431. Federal energy permit coordination.
Sec. 432. Administration of current law.

                      Subtitle D--Judicial Review

Sec. 441. Definitions.
Sec. 442. Exclusive venue for certain civil actions relating to covered 
              energy projects.
Sec. 443. Timely filing.
Sec. 444. Expedition in hearing and determining the action.
Sec. 445. Standard of review.
Sec. 446. Limitation on injunction and prospective relief.
Sec. 447. Limitation on attorneys' fees.
Sec. 448. Legal standing.

TITLE V--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM 
                           RESERVE IN ALASKA

Sec. 501. Short title.
Sec. 502. Sense of Congress reaffirming national policy regarding 
              National Petroleum Reserve in Alaska.
Sec. 503. Competitive leasing of oil and gas.
Sec. 504. Planning and permitting pipeline and road construction.
Sec. 505. Departmental accountability for development.
Sec. 506. Updated resource assessment.
Sec. 507. Colville River Delta designation.

        TITLE VI--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES

Sec. 601. Short title.
Sec. 602. Internet-based onshore oil and gas lease sales.

             TITLE VII--ADVANCING OFFSHORE WIND PRODUCTION

Sec. 701. Short title.
Sec. 702. Offshore meteorological site testing and monitoring projects.

                     TITLE VIII--CRITICAL MINERALS

Sec. 801. Definitions.
Sec. 802. Designations.
Sec. 803. Policy.
Sec. 804. Resource assessment.
Sec. 805. Permitting.
Sec. 806. Recycling and alternatives.
Sec. 807. Analysis and forecasting.
Sec. 808. Education and workforce.
Sec. 809. International cooperation.
Sec. 810. Repeal, authorization, and offset.

                        TITLE IX--MISCELLANEOUS

Sec. 901. Limitation on transfer of functions under the Solid Minerals 
              Leasing Program.
Sec. 902. Amount of distributed qualified Outer Continental Shelf 
              revenues.
Sec. 903. Lease Sale 220 and other lease sales off the coast of 
              Virginia.
Sec. 904. Limitation on authority to issue regulations modifying the 
              stream zone buffer rule.

       TITLE I--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Gasoline Regulations Act 
     of 2013''.

     SEC. 102. TRANSPORTATION FUELS REGULATORY COMMITTEE.

       (a) Establishment.--The President shall establish a 
     committee, to be known as the Transportation Fuels Regulatory 
     Committee (referred to in this title as the ``Committee''), 
     to analyze and report on the cumulative impacts of certain 
     rules and actions of the Environmental Protection Agency on 
     gasoline, diesel fuel, and natural gas prices, in accordance 
     with sections 103 and 104.
       (b) Members.--The Committee shall be composed of the 
     following officials (or their designees):
       (1) The Secretary of Energy, who shall serve as the Chair 
     of the Committee.
       (2) The Secretary of Transportation, acting through the 
     Administrator of the National Highway Traffic Safety 
     Administration.
       (3) The Secretary of Commerce, acting through the Chief 
     Economist and the Under Secretary for International Trade.

[[Page 13051]]

       (4) The Secretary of Labor, acting through the Commissioner 
     of the Bureau of Labor Statistics.
       (5) The Secretary of the Treasury, acting through the 
     Deputy Assistant Secretary for Environment and Energy of the 
     Department of the Treasury.
       (6) The Secretary of Agriculture, acting through the Chief 
     Economist.
       (7) The Administrator of the Environmental Protection 
     Agency.
       (8) The Chairman of the United States International Trade 
     Commission, acting through the Director of the Office of 
     Economics.
       (9) The Administrator of the Energy Information 
     Administration.
       (c) Consultation by Chair.--In carrying out the functions 
     of the Chair of the Committee, the Chair shall consult with 
     the other members of the Committee.
       (d) Consultation by Committee.--In carrying out this title, 
     the Committee shall consult with the National Energy 
     Technology Laboratory.
       (e) Termination.--The Committee shall terminate on the date 
     that is 60 days after the date of submission of the final 
     report of the Committee pursuant to section 104(c).

     SEC. 103. ANALYSES.

       (a) Definitions.--In this section:
       (1) Covered action.--The term ``covered action'' means any 
     action, to the extent that the action affects facilities 
     involved in the production, transportation, or distribution 
     of gasoline, diesel fuel, or natural gas, taken on or after 
     January 1, 2009, by the Administrator of the Environmental 
     Protection Agency, a State, a local government, or a 
     permitting agency as a result of the application of part C of 
     title I (relating to prevention of significant deterioration 
     of air quality), or title V (relating to permitting), of the 
     Clean Air Act (42 U.S.C. 7401 et seq.), to an air pollutant 
     that is identified as a greenhouse gas in the rule entitled 
     ``Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases Under Section 202(a) of the Clean Air Act'' 
     (74 Fed. Reg. 66496 (December 15, 2009)).
       (2) Covered rule.--The term ``covered rule'' means the 
     following rules (and includes any successor or substantially 
     similar rules):
       (A) ``Control of Air Pollution From New Motor Vehicles: 
     Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AQ86.
       (B) ``National Ambient Air Quality Standards for Ozone'' 
     (73 Fed. Reg. 16436 (March 27, 2008)).
       (C) ``Reconsideration of the 2008 Ozone Primary and 
     Secondary National Ambient Air Quality Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AP98.
       (D) Any rule proposed after March 15, 2012, establishing or 
     revising a standard of performance or emission standard under 
     section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 
     7412) applicable to petroleum refineries.
       (E) Any rule proposed after March 15, 2012, to implement 
     any portion of the renewable fuel program under section 
     211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
       (F) Any rule proposed after March 15, 2012, revising or 
     supplementing the national ambient air quality standards for 
     ozone under section 109 of the Clean Air Act (42 U.S.C. 
     7409).
       (b) Scope.--The Committee shall conduct analyses, for each 
     of calendar years 2016 and 2020, of the prospective 
     cumulative impact of all covered rules and covered actions.
       (c) Contents.--The Committee shall include in each analysis 
     conducted under this section--
       (1) estimates of the cumulative impacts of the covered 
     rules and covered actions relating to--
       (A) any resulting change in the national, State, or 
     regional price of gasoline, diesel fuel, or natural gas;
       (B) required capital investments and projected costs for 
     operation and maintenance of new equipment required to be 
     installed;
       (C) global economic competitiveness of the United States 
     and any loss of domestic refining capacity;
       (D) other cumulative costs and cumulative benefits, 
     including evaluation through a general equilibrium model 
     approach;
       (E) national, State, and regional employment, including 
     impacts associated with changes in gasoline, diesel fuel, or 
     natural gas prices and facility closures; and
       (F) any other matters affecting the growth, stability, and 
     sustainability of the oil and gas industries of the United 
     States, particularly relative to that of other nations;
       (2) an analysis of key uncertainties and assumptions 
     associated with each estimate under paragraph (1);
       (3) a sensitivity analysis reflecting alternative 
     assumptions with respect to the aggregate demand for 
     gasoline, diesel fuel, or natural gas; and
       (4) an analysis and, if feasible, an assessment of--
       (A) the cumulative impact of the covered rules and covered 
     actions on--
       (i) consumers;
       (ii) small businesses;
       (iii) regional economies;
       (iv) State, local, and tribal governments;
       (v) low-income communities;
       (vi) public health; and
       (vii) local and industry-specific labor markets; and
       (B) key uncertainties associated with each topic described 
     in subparagraph (A).
       (d) Methods.--In conducting analyses under this section, 
     the Committee shall use the best available methods, 
     consistent with guidance from the Office of Information and 
     Regulatory Affairs and the Office of Management and Budget 
     Circular A-4.
       (e) Data.--In conducting analyses under this section, the 
     Committee shall not be required to create data or to use data 
     that is not readily accessible.

     SEC. 104. REPORTS; PUBLIC COMMENT.

       (a) Preliminary Report.--Not later than 90 days after the 
     date of enactment of this Act, the Committee shall make 
     public and submit to the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Environment 
     and Public Works of the Senate a preliminary report 
     containing the results of the analyses conducted under 
     section 103.
       (b) Public Comment Period.--The Committee shall accept 
     public comments regarding the preliminary report submitted 
     under subsection (a) for a period of 60 days after the date 
     on which the preliminary report is submitted.
       (c) Final Report.--Not later than 60 days after the 
     expiration of the 60-day period described in subsection (b), 
     the Committee shall submit to Congress a final report 
     containing the analyses conducted under section 103, 
     including--
       (1) any revisions to the analyses made as a result of 
     public comments; and
       (2) a response to the public comments.

     SEC. 105. NO FINAL ACTION ON CERTAIN RULES.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall not finalize any of the following 
     rules until a date (to be determined by the Administrator) 
     that is at least 180 days after the date on which the 
     Committee submits the final report under section 104(c):
       (1) ``Control of Air Pollution From New Motor Vehicles: 
     Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AQ86, and any successor or substantially similar rule.
       (2) Any rule proposed after March 15, 2012, establishing or 
     revising a standard of performance or emission standard under 
     section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 
     7412) that is applicable to petroleum refineries.
       (3) Any rule revising or supplementing the national ambient 
     air quality standards for ozone under section 109 of the 
     Clean Air Act (42 U.S.C. 7409).
       (b) Other Rules Not Affected.--Subsection (a) shall not 
     affect the finalization of any rule other than the rules 
     described in subsection (a).

     SEC. 106. CONSIDERATION OF FEASIBILITY AND COST IN REVISING 
                   OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY 
                   STANDARDS FOR OZONE.

       In revising or supplementing any national primary or 
     secondary ambient air quality standards for ozone under 
     section 109 of the Clean Air Act (42 U.S.C. 7409), the 
     Administrator of the Environmental Protection Agency shall 
     take into consideration feasibility and cost.

     SEC. 107. FUEL REQUIREMENTS WAIVER AND STUDY.

       (a) Waiver of Fuel Requirements.--Section 211(c)(4)(C) of 
     the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
       (1) in clause (ii)(II), by inserting ``a problem with 
     distribution or delivery equipment that is necessary for the 
     transportation or delivery of fuel or fuel additives,'' after 
     ``equipment failure,'';
       (2) in clause (iii)(II), by inserting before the semicolon 
     at the end the following: ``(except that the Administrator 
     may extend the effectiveness of a waiver for more than 20 
     days if the Administrator determines that the conditions 
     under clause (ii) supporting a waiver determination will 
     exist for more than 20 days)'';
       (3) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (4) by adding at the end the following:
       ``(vii) Presumptive Approval.--Notwithstanding any other 
     provision of this subparagraph, if the Administrator does not 
     approve or deny a request for a waiver under this 
     subparagraph within 3 days after receipt of the request, the 
     request shall be deemed to be approved as received by the 
     Administrator and the applicable fuel standards shall be 
     waived for the period of time requested.''.
       (b) Fuel System Requirements Harmonization Study.--Section 
     1509 of the Energy Policy Act of 2005 (Public Law 109-58; 119 
     Stat. 1083) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by inserting ``biofuels,'' after 
     ``oxygenated fuel,''; and
       (B) in paragraph (2)(G), by striking ``Tier II'' and 
     inserting ``Tier III''; and
       (2) in subsection (b)(1), by striking ``2008'' and 
     inserting ``2014''.

[[Page 13052]]



   TITLE II--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
                                STRATEGY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Planning for American 
     Energy Act of 2013''.

     SEC. 202. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

       The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

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

       ``(a) Definitions.--In this section:
       ``(1) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Strategic and critical energy minerals.--The term 
     `strategic and critical energy minerals' means--
       ``(A) minerals that are necessary for the energy 
     infrastructure of the United States, including pipelines, 
     refining capacity, electrical power generation and 
     transmission, and renewable energy production; and
       ``(B) minerals that are necessary to support domestic 
     manufacturing, including materials used in energy generation, 
     production, and transportation.
       ``(3) Strategy.--The term `Strategy' means the Quadrennial 
     Federal Onshore Energy Production Strategy required under 
     this section.
       ``(b) Strategy.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Agriculture with regard to land administered by 
     the Forest Service, shall develop and publish every 4 years a 
     Quadrennial Federal Onshore Energy Production Strategy.
       ``(2) Energy security.--The Strategy shall direct Federal 
     land energy development and department resource allocation to 
     promote the energy security of the United States.
       ``(c) Purposes.--
       ``(1) In general.--In developing a Strategy, the Secretary 
     shall consult with the Administrator of the Energy 
     Information Administration on--
       ``(A) the projected energy demands of the United States for 
     the 30-year period beginning on the date of initiation of the 
     Strategy; and
       ``(B) how energy derived from Federal onshore land can 
     place the United States on a trajectory to meet that demand 
     during the 4-year period beginning on the date of initiation 
     of the Strategy.
       ``(2) Energy security.--The Secretary shall consider how 
     Federal land will contribute to ensuring national energy 
     security, with a goal of increasing energy independence and 
     production, during the 4-year period beginning on the date of 
     initiation of the Strategy.
       ``(d) Objectives.--The Secretary shall establish a domestic 
     strategic production objective for the development of energy 
     resources from Federal onshore land that is based on 
     commercial and scientific data relating to the expected 
     increase in--
       ``(1) domestic production of oil and natural gas from the 
     Federal onshore mineral estate, with a focus on land held by 
     the Bureau of Land Management and the Forest Service;
       ``(2) domestic coal production from Federal land;
       ``(3) domestic production of strategic and critical energy 
     minerals from the Federal onshore mineral estate;
       ``(4) megawatts for electricity production from each of 
     wind, solar, biomass, hydropower, and geothermal energy 
     produced on Federal land administered by the Bureau of Land 
     Management and the Forest Service;
       ``(5) unconventional energy production, such as oil shale;
       ``(6) domestic production of oil, natural gas, coal, and 
     other renewable sources from tribal land for any federally 
     recognized Indian tribe that elects to participate in 
     facilitating energy production on the land of the Indian 
     tribe; and
       ``(7) domestic production of geothermal, solar, wind, or 
     other renewable energy sources on land defined as available 
     lands under section 203 of the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 109, chapter 42), and any other land 
     considered by the Territory or State of Hawaii, as the case 
     may be, to be available lands.
       ``(e) Methodology.--The Secretary shall consult with the 
     Administrator of the Energy Information Administration 
     regarding the methodology used to arrive at the estimates 
     made by the Secretary to carry out this section.
       ``(f) Expansion of Plan.--The Secretary may expand a 
     Strategy to include other energy production technology 
     sources or advancements in energy production on Federal land.
       ``(g) Tribal Objectives.--
       ``(1) In general.--It is the sense of Congress that 
     federally recognized Indian tribes may elect to set the 
     production objectives of the Indian tribes as part of a 
     Strategy under this section.
       ``(2) Cooperation.--The Secretary shall work in cooperation 
     with any federally recognized Indian tribe that elects to 
     participate in achieving the strategic energy objectives of 
     the Indian tribe under this subsection.
       ``(h) Execution of Strategy.--
       ``(1) Definition of secretary concerned.--In this 
     subsection, the term `Secretary concerned' means--
       ``(A) the Secretary of Agriculture (acting through the 
     Chief of the Forest Service), with respect to National Forest 
     System land; and
       ``(B) the Secretary of the Interior, with respect to land 
     managed by the Bureau of Land Management (including land held 
     for the benefit of an Indian tribe).
       ``(2) Additional land.--The Secretary concerned may make 
     determinations regarding which additional land under the 
     jurisdiction of the Secretary concerned will be made 
     available in order to meet the energy production objectives 
     established by a Strategy.
       ``(3) Actions.--The Secretary concerned shall take all 
     necessary actions to achieve the energy production objectives 
     established under this section unless the President 
     determines that it is not in the national security and 
     economic interests of the United States--
       ``(A) to increase Federal domestic energy production; and
       ``(B) to decrease dependence on foreign sources of energy.
       ``(4) Leasing.--In carrying out this subsection, the 
     Secretary concerned shall only consider leasing Federal land 
     available for leasing at the time the lease sale occurs.
       ``(i) State, Federally Recognized Indian Tribes, Local 
     Government, and Public Input.--In developing a Strategy, the 
     Secretary shall solicit the input of affected States, 
     federally recognized Indian tribes, local governments, and 
     the public.
       ``(j) Annual Reports.--
       ``(1) In general.--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 an annual report describing the 
     progress made in meeting the production goals of a Strategy.
       ``(2) Contents.--In a report required under this 
     subsection, the Secretary shall--
       ``(A) make projections for production and capacity 
     installations;
       ``(B) describe any problems with leasing, permitting, 
     siting, or production that will prevent meeting the 
     production goals of a Strategy; and
       ``(C) make recommendations to help meet any shortfalls in 
     meeting the production goals.
       ``(k) Programmatic Environmental Impact Statement.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, 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 for carrying out 
     this section.
       ``(2) Compliance.--The programmatic environmental impact 
     statement shall be considered sufficient to comply with all 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) for all necessary resource 
     management and land use plans associated with the 
     implementation of a Strategy.
       ``(l) Congressional Review.--
       ``(1) In general.--Not later than 60 days before publishing 
     a proposed Strategy under this section, the Secretary shall 
     submit to Congress and the President the proposed Strategy, 
     together with any comments received from States, federally 
     recognized Indian tribes, and local governments.
       ``(2) Recommendations.--The submission shall indicate why 
     any specific recommendation of a State, federally recognized 
     Indian tribe, or local government was not accepted.
       ``(m) Administration.--Nothing in this section modifies or 
     affects any multiuse plan.
       ``(n) First Strategy.--Not later than 18 months after the 
     date of enactment of this subsection, the Secretary shall 
     submit to Congress the first Strategy.''.

            TITLE III--ONSHORE OIL AND GAS LEASING CERTAINTY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Providing Leasing 
     Certainty for American Energy Act of 2013''.

     SEC. 302. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE 
                   SALES.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     amended--
       (1) by striking ``Sec. 17. (a) All lands'' and inserting 
     the following:

     ``SEC. 17. LEASE OF OIL AND GAS LAND.

       ``(a) Authority.--
       ``(1) In general.--All land''; and
       (2) in subsection (a) (as amended by paragraph (1)), by 
     adding at the end the following:
       ``(2) Minimum acreage requirement for onshore lease 
     sales.--
       ``(A) In general.--In conducting lease sales under this 
     section, each year, the Secretary shall offer for sale not 
     less than 25 percent of the annual nominated acreage not 
     previously made available for lease.
       ``(B) Review.--The offering of acreage offered for lease 
     under this paragraph shall not be subject to review.
       ``(C) Categorical exclusions.--Acreage offered for lease 
     under this paragraph shall be eligible for categorical 
     exclusions under section 390 of the Energy Policy Act of 2005 
     (42

[[Page 13053]]

     U.S.C. 15942), except that extraordinary circumstances shall 
     not be required for a categorical exclusion under this 
     paragraph.
       ``(D) Leasing.--In carrying out this subsection, the 
     Secretary shall only consider leasing of Federal land that is 
     available for leasing at the time the lease sale occurs.''.

     SEC. 303. LEASING CERTAINTY AND CONSISTENCY.

       Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) 
     (as amended by section 302) is amended by adding at the end 
     the following:
       ``(3) Leasing certainty.--
       ``(A) In general.--The Secretary shall not withdraw 
     approval of any covered energy project involving a lease 
     under this Act without finding a violation of the terms of 
     the lease by the lessee.
       ``(B) Delay.--The Secretary shall not infringe on 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 a lease.
       ``(C) Availability of nominated areas.--Not later than 18 
     months after an area is designated as open under the 
     applicable land use plan, the Secretary shall make available 
     nominated areas for lease under paragraph (2).
       ``(D) Issuance of leases.--Notwithstanding any other 
     provision of law, the Secretary shall issue all leases sold 
     under this Act not later than 60 days after the last payment 
     is made.
       ``(E) Cancellation or withdrawal of lease parcels.--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) Appeals.--
       ``(i) In general.--The Secretary shall complete the review 
     of any appeal of a lease sale under this Act not later than 
     60 days after the receipt of the appeal.
       ``(ii) Constructive approval.--If the review of an appeal 
     is not conducted in accordance with clause (i), the appeal 
     shall be considered approved.
       ``(G) Additional stipulations.--The Secretary may not add 
     any additional lease stipulation for a parcel after the 
     parcel is sold unless the Secretary--
       ``(i) consults with the lessee and obtains the approval of 
     the lessee; or
       ``(ii) determines that the stipulation is an emergency 
     action that is necessary to conserve the resources of the 
     United States.
       ``(4) Leasing consistency.--A Federal land manager shall 
     comply with applicable resource management plans and continue 
     to actively lease in areas designated as open when resource 
     management plans are being amended or revised, until a new 
     record of decision is signed.''.

     SEC. 304. REDUCTION OF REDUNDANT POLICIES.

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

                TITLE IV--STREAMLINED ENERGY PERMITTING

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Streamlining Permitting of 
     American Energy Act of 2013''.

      Subtitle A--Application for Permits To Drill Process Reform

     SEC. 411. PERMIT TO DRILL APPLICATION TIMELINE.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall decide whether to issue a permit to drill not 
     later than 30 days after the date on which the application 
     for the permit is received by the Secretary.
       ``(B) Extensions.--
       ``(i) In general.--The Secretary may extend the period 
     described in subparagraph (A) for up to 2 periods of 15 days 
     each, if the Secretary gives written notice of the delay to 
     the applicant.
       ``(ii) Notice.--The notice shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) include--

       ``(aa) the names and positions of the persons processing 
     the application;
       ``(bb) the specific reasons for the delay; and
       ``(cc) a specific date on which a final decision on the 
     application is expected.
       ``(C) Notice of reasons for denial.--If the application is 
     denied, the Secretary shall provide the applicant--
       ``(i) a written notice that provides--

       ``(I) clear and comprehensive reasons why the application 
     was not accepted; and
       ``(II) detailed information concerning any deficiencies; 
     and

       ``(ii) an opportunity to remedy any deficiencies.
       ``(D) Application considered 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 for the 
     permit is received by the Secretary, the application shall be 
     considered approved unless applicable 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.
       ``(E) Denial of permit.--If the Secretary decides not to 
     issue a permit to drill under this paragraph, 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.
       ``(F) Fee.--
       ``(i) In general.--Subject to clauses (ii) and (iii) and 
     notwithstanding any other provision of 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 this 
     paragraph.
       ``(ii) Resubmitted applications.--The fee described in 
     clause (i) shall not apply to any resubmitted application.
       ``(iii) Treatment of permit processing fee.--Subject to 
     appropriation, of all fees collected under this paragraph, 50 
     percent shall be transferred to the field office where the 
     fees are collected and used to process leases, permits, and 
     appeals under this Act.''.

     SEC. 412. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

       Notwithstanding any other provision of law, each fiscal 
     year, of fees collected as annual wind energy and solar 
     energy right-of-way authorization fees required under section 
     504(g) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1764(g)), 50 percent shall be retained by the 
     Secretary of the Interior to be used, subject to 
     appropriation--
       (1) by the Bureau of Land Management to process permits, 
     right-of-way applications, and other activities necessary for 
     renewable development; and
       (2) at the option of the Secretary of the Interior, by the 
     United States Fish and Wildlife Service or other Federal 
     agencies involved in wind and solar permitting reviews to 
     facilitate the processing of wind energy and solar energy 
     permit applications on Bureau of Land Management land.

         Subtitle B--Administrative Appeal Documentation Reform

     SEC. 421. ADMINISTRATIVE APPEAL DOCUMENTATION REFORM.

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

                    Subtitle C--Permit Streamlining

     SEC. 431. FEDERAL ENERGY PERMIT COORDINATION.

       (a) Definitions.--In this section:
       (1) Energy projects.--The term ``energy projects'' means 
     oil, coal, natural gas, and renewable energy projects.
       (2) Project.--The term ``Project'' means the Federal Permit 
     Streamlining Project established under subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Establishment.--The Secretary shall establish a Federal 
     Permit Streamlining Project in each Bureau of Land Management 
     field office with responsibility for issuing permits for 
     energy projects on Federal land.
       (c) 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 to carry out this section with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Secretary of the Army, acting through the Chief of 
     Engineers.
       (2) State participation.--The Secretary may request the 
     Governor of any State with energy projects on Federal land to 
     be a signatory to the memorandum of understanding.
       (d) 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 (c), 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 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

[[Page 13054]]

       (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 home office 
     of the employee; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, and environmental 
     analyses on Federal land.
       (e) Additional Personnel.--The Secretary shall assign to 
     each Bureau of Land Management field office identified under 
     subsection (b) 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 requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (f) Funding.--Funding for the additional personnel shall be 
     derived from the Department of the Interior reforms made by 
     sections 411, 412, and 421 and the amendments made by those 
     sections.
       (g) 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.

     SEC. 432. ADMINISTRATION OF CURRENT LAW.

       Notwithstanding any other provision of 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).

                      Subtitle D--Judicial Review

     SEC. 441. DEFINITIONS.

       In this title:
       (1) Covered civil action.--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 land.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' means 
     the leasing of Federal land of the United States for the 
     exploration, development, production, processing, or 
     transmission of oil, natural gas, wind, or any other source 
     of energy, and any action under such a lease.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any disputes between the parties to a lease 
     regarding the obligations under the lease, including 
     regarding any alleged breach of the lease.

     SEC. 442. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING 
                   TO COVERED ENERGY PROJECTS.

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

     SEC. 443. TIMELY FILING.

       To ensure timely redress by the courts, a covered civil 
     action shall be filed not later than 90 days after the date 
     of the final Federal agency action to which the covered civil 
     action relates.

     SEC. 444. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

       A court shall endeavor to hear and determine any covered 
     civil action as expeditiously as practicable.

     SEC. 445. STANDARD OF REVIEW.

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

     SEC. 446. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

       (a) In General.--In a covered civil action, a court shall 
     not grant or approve any prospective relief unless the court 
     finds that the relief--
       (1) is narrowly drawn;
       (2) extends no further than necessary to correct the 
     violation of a legal requirement; and
       (3) is the least intrusive means necessary to correct the 
     violation.
       (b) Preliminary Injunctions.--
       (1) In general.--A court shall limit the duration of a 
     preliminary injunction to halt a covered energy project to 
     not more than 60 days, unless the court finds clear reasons 
     to extend the injunction.
       (2) Extensions.--Extensions under paragraph (1) shall--
       (A) only be in 30-day increments; and
       (B) require action by the court to renew the injunction.

     SEC. 447. LIMITATION ON ATTORNEYS' FEES.

       (a) In General.--Sections 504 of title 5 and 2412 of title 
     28, United States Code (commonly known as the ``Equal Access 
     to Justice Act''), shall not apply to a covered civil action.
       (b) Attorney's Fees and Court Costs.--A party in a covered 
     civil action shall not receive payment from the Federal 
     Government for attorney's fees, expenses, or other court 
     costs.

     SEC. 448. LEGAL STANDING.

       A challenger filing an appeal with the Interior Board of 
     Land Appeals shall meet the same standing requirements as a 
     challenger before a United States district court.

TITLE V--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM 
                           RESERVE IN ALASKA

     SEC. 501. SHORT TITLE.

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

     SEC. 502. SENSE OF CONGRESS REAFFIRMING NATIONAL POLICY 
                   REGARDING NATIONAL PETROLEUM RESERVE IN ALASKA.

       It is the sense of Congress that--
       (1) the National Petroleum Reserve in the State of Alaska 
     (referred to in this title as the ``Reserve'') 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. 503. COMPETITIVE LEASING OF OIL AND GAS.

       Section 107 of the Naval Petroleum Reserves Production Act 
     of 1976 (42 U.S.C. 6506a) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) Competitive Leasing.--
       ``(1) In general.--The Secretary shall conduct an 
     expeditious program of competitive leasing of oil and gas in 
     the Reserve in accordance with this Act.
       ``(2) Inclusions.--The program under this subsection shall 
     include at least 1 lease sale annually in each area of the 
     Reserve that is most likely to produce commercial quantities 
     of oil and natural gas for each of calendar years 2013 
     through 2023.''.

     SEC. 504. PLANNING AND PERMITTING PIPELINE AND ROAD 
                   CONSTRUCTION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Interior, in consultation with the 
     Secretary of Transportation, shall facilitate and ensure 
     permits, in an environmentally responsible manner, for all 
     surface development activities, including for the 
     construction of pipelines and roads, necessary--
       (1) to develop and bring into production any areas within 
     the Reserve that are subject to oil and gas leases; and
       (2) to transport oil and gas from and through the Reserve 
     to existing transportation or processing infrastructure on 
     the North Slope of Alaska.
       (b) Timelines.--The Secretary shall ensure that any Federal 
     permitting agency shall issue permits in accordance with the 
     following timelines:
       (1) Existing leases.--Each permit for construction relating 
     to the transportation of oil and natural gas produced under 
     existing Federal oil and gas leases with respect to which the 
     Secretary of the Interior has issued a permit to drill shall 
     be approved by not later than 60 days after the date of 
     enactment of this Act.
       (2) Requested permits.--Each permit for construction for 
     transportation of oil and natural gas produced under Federal 
     oil and gas leases shall be approved by not later than 180 
     days after the date of submission to the Secretary of a 
     request for a permit to drill.
       (c) Plan.--To ensure timely future development of the 
     Reserve, not later than 270 days after the date of 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 to ensure that all leasable 
     tracts in the Reserve are located within 25 miles of an 
     approved road and pipeline right-of-way that can serve future 
     development of the Reserve.

     SEC. 505. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     promulgate regulations to establish clear requirements to 
     ensure that the Department of the Interior is supporting 
     development of oil and gas leases in the Reserve.
       (b) Deadlines.--At a minimum, the regulations promulgated 
     pursuant to this section shall--
       (1) require the Secretary of the Interior to respond, 
     acknowledging receipt of any permit application for 
     development, by not later than 5 business days after the date 
     of receipt of application; and
       (2) establish a timeline for the processing of each such 
     application that--
       (A) specifies deadlines for decisions and actions regarding 
     permit applications; and
       (B) provides that the period for issuing each permit after 
     the date of submission of the application shall not exceed 60 
     days, absent the concurrence of the applicant.

[[Page 13055]]

       (c) Actions Required for Failure To Comply With 
     Deadlines.--If the Secretary of the Interior fails to comply 
     with any deadline described in subsection (b) with respect to 
     a permit application, the Secretary shall notify the 
     applicant not less frequently than once every 5 days with 
     specific information regarding--
       (1) the reasons for the permit delay;
       (2) the name of each specific office of the Department of 
     the Interior responsible for--
       (A) issuing the permit; or
       (B) monitoring the permit delay; and
       (3) an estimate of the date on which the permit will be 
     issued.
       (d) Additional Infrastructure.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior, after consultation with the State of Alaska and 
     after providing notice and an opportunity for public comment, 
     shall approve right-of-way corridors for the construction of 
     2 separate additional bridges and pipeline rights-of-way to 
     help facilitate timely oil and gas development of the 
     Reserve.

     SEC. 506. 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 Reserve, 
     including all conventional and unconventional oil and natural 
     gas.
       (b) Cooperation and Consultation.--The resource assessment 
     under 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 under subsection (a) 
     shall be completed by not later than 2 years after the date 
     of enactment of this Act.
       (d) Funding.--In carrying out this section, the United 
     States Geological Survey may cooperatively use resources and 
     funds provided by the State of Alaska.

     SEC. 507. COLVILLE RIVER DELTA DESIGNATION.

       The designation by the Environmental Protection Agency of 
     the Colville River Delta as an aquatic resource of national 
     importance shall have no force or effect on this title or an 
     amendment made by this title.

        TITLE VI--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES

     SEC. 601. SHORT TITLE.

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

     SEC. 602. 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 striking 
     ``Lease sales'' and inserting ``Except as provided in 
     subparagraph (C), lease sales''; and
       (2) by adding at the end the following:
       ``(C) In order to diversify and expand the United States 
     onshore leasing program to ensure the best return to Federal 
     taxpayers, to reduce fraud, and to secure the leasing 
     process, the Secretary may conduct onshore lease sales 
     through Internet-based bidding methods, each of which shall 
     be completed by not later than 7 days after the date of 
     initiation of the sale.''.
       (b) Report.--Not later than 90 days after the tenth 
     Internet-based lease sale conducted pursuant to subparagraph 
     (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 
     226(b)(1)) (as added by subsection (a)), the Secretary of the 
     Interior shall conduct, and submit to Congress a report 
     describing the results of, an analysis of the first 10 such 
     lease sales, including--
       (1) estimates of increases or decreases in the lease sales, 
     as compared to sales conducted by oral bidding, in--
       (A) the number of bidders;
       (B) the average amount of the bids;
       (C) the highest amount of the bids; and
       (D) the lowest amount of the bids;
       (2) an estimate on the total cost or savings to the 
     Department of the Interior as a result of the sales, as 
     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--
       (A) provide an opportunity to better maximize bidder 
     participation;
       (B) ensure the highest return to Federal taxpayers;
       (C) minimize opportunities for fraud or collusion; and
       (D) ensure the security and integrity of the leasing 
     process.

             TITLE VII--ADVANCING OFFSHORE WIND PRODUCTION

     SEC. 701. SHORT TITLE.

       This title may be cited at the ``Advancing Offshore Wind 
     Production Act''.

     SEC. 702. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING 
                   PROJECTS.

       (a) Definition of Offshore Meteorological Site Testing and 
     Monitoring Project.--In this section, the term ``offshore 
     meteorological site testing and monitoring project'' means a 
     project carried out on or in the waters of the outer 
     Continental Shelf (as defined in section 2 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331)) and 
     administered by the Department of the Interior to test or 
     monitor weather (including energy provided by weather, such 
     as wind, tidal, current, and solar energy) using towers, 
     buoys, or other temporary ocean infrastructure, that--
       (1) causes--
       (A) less than 1 acre of surface or seafloor disruption at 
     the location of each meteorological tower or other device; 
     and
       (B) not more than 5 acres of surface or seafloor disruption 
     within the proposed area affected by the project (including 
     hazards to navigation);
       (2) is decommissioned not more than 5 years after the date 
     of commencement of the project, including--
       (A) removal of towers, buoys, or other temporary ocean 
     infrastructure from the project site; and
       (B) restoration of the project site to approximately the 
     original condition of the site; and
       (3) provides meteorological information obtained by the 
     project to the Secretary of the Interior.
       (b) Offshore Meteorological Project Permitting.--
       (1) In general.--The Secretary of the Interior shall 
     require, by regulation, that any applicant seeking to conduct 
     an offshore meteorological site testing and monitoring 
     project shall obtain a permit and right-of-way for the 
     project in accordance with this subsection.
       (2) Permit and right-of-way timeline and conditions.--
       (A) Deadline for approval.--The Secretary shall decide 
     whether to issue a permit and right-of-way for an offshore 
     meteorological site testing and monitoring project by not 
     later than 30 days after the date of receipt of a relevant 
     application.
       (B) Public comment and consultation.--During the 30-day 
     period referred to in subparagraph (A) with respect to an 
     application for a permit and right-of-way under this 
     subsection, the Secretary shall--
       (i) provide an opportunity for submission of comments 
     regarding the application by the public; and
       (ii) consult with the Secretary of Defense, the Commandant 
     of the Coast Guard, and the heads of other Federal, State, 
     and local agencies that would be affected by the issuance of 
     the permit and right-of-way.
       (C) Denial of permit; opportunity to remedy deficiencies.--
     If an application is denied under this subsection, the 
     Secretary shall provide to the applicant--
       (i) in writing--

       (I) a list of clear and comprehensive reasons why the 
     application was denied; and
       (II) detailed information concerning any deficiencies in 
     the application; and

       (ii) an opportunity to remedy those deficiencies.
       (c) NEPA Exclusion.--Section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
     not apply with respect to an offshore meteorological site 
     testing and monitoring project.
       (d) Protection of Information.--Any information provided to 
     the Secretary of the Interior under subsection (a)(3) shall 
     be--
       (1) treated by the Secretary as proprietary information; 
     and
       (2) protected against disclosure.

                     TITLE VIII--CRITICAL MINERALS

     SEC. 801. DEFINITIONS.

       In this title:
       (1) Applicable committees.--The term ``applicable 
     committees'' means--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Natural Resources of the House of 
     Representatives;
       (C) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (D) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (2) Clean energy technology.--The term ``clean energy 
     technology'' means a technology related to the production, 
     use, transmission, storage, control, or conservation of 
     energy that--
       (A) reduces the need for additional energy supplies by 
     using existing energy supplies with greater efficiency or by 
     transmitting, distributing, storing, or transporting energy 
     with greater effectiveness in or through the infrastructure 
     of the United States;
       (B) diversifies the sources of energy supply of the United 
     States to strengthen energy security and to increase supplies 
     with a favorable balance of environmental effects if the 
     entire technology system is considered; or
       (C) contributes to a stabilization of atmospheric 
     greenhouse gas concentrations through reduction, avoidance, 
     or sequestration of energy-related greenhouse gas emissions.
       (3) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral designated as a critical mineral pursuant to section 
     802.
       (B) Exclusions.--The term ``critical mineral'' does not 
     include coal, oil, natural gas, or any other fossil fuels.
       (4) Critical mineral manufacturing.--The term ``critical 
     mineral manufacturing'' means--
       (A) the production, processing, refining, alloying, 
     separation, concentration, magnetic sintering, melting, or 
     beneficiation of critical minerals within the United States;

[[Page 13056]]

       (B) the fabrication, assembly, or production, within the 
     United States, of clean energy technologies (including 
     technologies related to wind, solar, and geothermal energy, 
     efficient lighting, electrical superconducting materials, 
     permanent magnet motors, batteries, and other energy storage 
     devices), military equipment, and consumer electronics, or 
     components necessary for applications; or
       (C) any other value-added, manufacturing-related use of 
     critical minerals undertaken within the United States.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (6) Military equipment.--The term ``military equipment'' 
     means equipment used directly by the Armed Forces to carry 
     out military operations.
       (7) Rare earth element.--
       (A) In general.--The term ``rare earth element'' means the 
     chemical elements in the periodic table from lanthanum 
     (atomic number 57) up to and including lutetium (atomic 
     number 71).
       (B) Inclusions.--The term ``rare earth element'' includes 
     the similar chemical elements yttrium (atomic number 39) and 
     scandium (atomic number 21).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior--
       (A) acting through the Director of the United States 
     Geological Survey; and
       (B) in consultation with (as appropriate)--
       (i) the Secretary of Energy;
       (ii) the Secretary of Defense;
       (iii) the Secretary of Commerce;
       (iv) the Secretary of State;
       (v) the Secretary of Agriculture;
       (vi) the United States Trade Representative; and
       (vii) the heads of other applicable Federal agencies.
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the Commonwealth of Puerto Rico; and
       (C) any other territory or possession of the United States.
       (10) Value-added.--The term ``value-added'' means, with 
     respect to an activity, an activity that changes the form, 
     fit, or function of a product, service, raw material, or 
     physical good so that the resultant market price is greater 
     than the cost of making the changes.
       (11) Working group.--The term ``Working Group'' means the 
     Critical Minerals Working Group established under section 
     805(a).

     SEC. 802. DESIGNATIONS.

       (a) Draft Methodology.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall publish in 
     the Federal Register for public comment a draft methodology 
     for determining which minerals qualify as critical minerals 
     based on an assessment of whether the minerals are--
       (1) subject to potential supply restrictions (including 
     restrictions associated with foreign political risk, abrupt 
     demand growth, military conflict, and anti-competitive or 
     protectionist behaviors); and
       (2) important in use (including clean energy technology-, 
     defense-, agriculture-, and health care-related 
     applications).
       (b) Availability of Data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this section, qualitative 
     evidence may be used.
       (c) Final Methodology.--After reviewing public comments on 
     the draft methodology under subsection (a) and updating the 
     draft methodology as appropriate, the Secretary shall enter 
     into an arrangement with the National Academy of Sciences and 
     the National Academy of Engineering to obtain, not later than 
     120 days after the date of enactment of this Act--
       (1) a review of the methodology; and
       (2) recommendations for improving the methodology.
       (d) Final Methodology.--After reviewing the recommendations 
     under subsection (c), not later than 150 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a description of the final methodology for 
     determining which minerals qualify as critical minerals.
       (e) Designations.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a list of minerals designated as critical, 
     pursuant to the final methodology under subsection (d), for 
     purposes of carrying out this title.
       (f) Subsequent Review.--The methodology and designations 
     developed under subsections (d) and (e) shall be updated at 
     least every 5 years, or in more regular intervals if 
     considered appropriate by the Secretary.
       (g) Notice.--On finalization of the methodology under 
     subsection (d), the list under subsection (e), or any update 
     to the list under subsection (f), the Secretary shall submit 
     to the applicable committees written notice of the action.

     SEC. 803. POLICY.

       (a) Policy.--It is the policy of the United States to 
     promote an adequate, reliable, domestic, and stable supply of 
     critical minerals, produced in an environmentally responsible 
     manner, in order to strengthen and sustain the economic 
     security, and the manufacturing, industrial, energy, 
     technological, and competitive stature, of the United States.
       (b) Coordination.--The President, acting through the 
     Executive Office of the President, shall coordinate the 
     actions of Federal agencies under this and other Acts--
       (1) to encourage Federal agencies to facilitate the 
     availability, development, and environmentally responsible 
     production of domestic resources to meet national critical 
     minerals needs;
       (2) to minimize duplication, needless paperwork, and delays 
     in the administration of applicable laws (including 
     regulations) and the issuance of permits and authorizations 
     necessary to explore for, develop, and produce critical 
     minerals and to construct and operate critical mineral 
     manufacturing facilities in an environmentally responsible 
     manner;
       (3) to promote the development of economically stable and 
     environmentally responsible domestic critical mineral 
     production and manufacturing;
       (4) to establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     market dynamics relevant to policy formulation so that 
     informed actions may be taken to avoid supply shortages, 
     mitigate price volatility, and prepare for demand growth and 
     other market shifts;
       (5) to strengthen educational and research capabilities and 
     workforce training;
       (6) to bolster international cooperation through technology 
     transfer, information sharing, and other means;
       (7) to promote the efficient production, use, and recycling 
     of critical minerals;
       (8) to develop alternatives to critical minerals; and
       (9) to establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.

     SEC. 804. RESOURCE ASSESSMENT.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary shall complete a 
     comprehensive national assessment of each critical mineral 
     that--
       (1) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories;
       (2) estimates the cost of production of the critical 
     mineral resources identified and quantified under this 
     section, using all available public and private information 
     and datasets, including exploration histories;
       (3) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories;
       (4) provides qualitative information on the environmental 
     attributes of the critical mineral resources identified under 
     this section; and
       (5) pays particular attention to the identification and 
     quantification of critical mineral resources on Federal land 
     that is open to location and entry for exploration, 
     development, and other uses.
       (b) Field Work.--If existing information and datasets prove 
     insufficient to complete the assessment under this section 
     and there is no reasonable opportunity to obtain the 
     information and datasets from nongovernmental entities, the 
     Secretary may carry out field work (including drilling, 
     remote sensing, geophysical surveys, geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals on--
       (1) Federal land that is open to location and entry for 
     exploration, development, and other uses;
       (2) tribal land, at the request and with the written 
     permission of the Indian tribe with jurisdiction over the 
     land; and
       (3) State land, at the request and with the written 
     permission of the Governor of the State.
       (c) Technical Assistance.--At the request of the Governor 
     of a State or an Indian tribe, the Secretary may provide 
     technical assistance to State governments and Indian tribes 
     conducting critical mineral resource assessments on non-
     Federal land.
       (d) Financial Assistance.--The Secretary may make grants to 
     State governments, or Indian tribes and economic development 
     entities of Indian tribes, to cover the costs associated with 
     assessments of critical mineral resources on State or tribal 
     land, as applicable.
       (e) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     applicable committees a report describing the results of the 
     assessment conducted under this section.
       (f) Prioritization.--
       (1) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical materials considered to be most critical under the 
     methodology established pursuant to section 802 are completed 
     first.
       (2) Reporting.--If the Secretary sequences the completion 
     of resource assessments for each critical material, the 
     Secretary shall

[[Page 13057]]

     submit a report under subsection (e) on an iterative basis 
     over the 4-year period beginning on the date of enactment of 
     this Act.
       (g) Updates.--The Secretary shall periodically update the 
     assessment conducted under this section based on--
       (1) the generation of new information or datasets by the 
     Federal Government; or
       (2) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other entities 
     or individuals.

     SEC. 805. PERMITTING.

       (a) Critical Minerals Working Group.--
       (1) In general.--There is established within the Department 
     of the Interior a working group to be known as the ``Critical 
     Minerals Working Group'', which shall report to the President 
     and the applicable committees through the Secretary.
       (2) Composition.--The Working Group shall be composed of 
     the following:
       (A) The Secretary of the Interior (or a designee), who 
     shall serve as chair of the Working Group.
       (B) A Presidential designee from the Executive Office of 
     the President, who shall serve as vice-chair of the Working 
     Group.
       (C) The Secretary of Energy (or a designee).
       (D) The Secretary of Agriculture (or a designee).
       (E) The Secretary of Defense (or a designee).
       (F) The Secretary of Commerce (or a designee).
       (G) The Secretary of State (or a designee).
       (H) The United States Trade Representative (or a designee).
       (I) The Administrator of the Environmental Protection 
     Agency (or a designee).
       (J) The Chief of Engineers of the Corps of Engineers (or a 
     designee).
       (b) Consultation.--The Working Group shall operate in 
     consultation with private sector, academic, and other 
     applicable stakeholders with experience related to--
       (1) critical minerals exploration;
       (2) critical minerals permitting;
       (3) critical minerals production; and
       (4) critical minerals manufacturing.
       (c) Duties.--The Working Group shall--
       (1) facilitate Federal agency efforts to optimize 
     efficiencies associated with the permitting of activities 
     that will increase exploration and development of domestic 
     critical minerals, while maintaining environmental standards;
       (2) facilitate Federal agency review of laws (including 
     regulations) and policies that discourage investment in 
     exploration and development of domestic critical minerals;
       (3) assess whether Federal policies adversely impact the 
     global competitiveness of the domestic critical minerals 
     exploration and development sector (including taxes, fees, 
     regulatory burdens, and access restrictions);
       (4) evaluate the sufficiency of existing mechanisms for the 
     provision of tenure on Federal land and the role of the 
     mechanisms in attracting capital investment for the 
     exploration and development of domestic critical minerals; 
     and
       (5) generate such other information and take such other 
     actions as the Working Group considers appropriate to achieve 
     the policy described in section 803(a).
       (d) Report.--Not later than 300 days after the date of 
     enactment of this Act, the Working Group shall submit to the 
     applicable committees a report that--
       (1) describes the results of actions taken under subsection 
     (c);
       (2) evaluates the amount of time typically required 
     (including the range derived from minimum and maximum 
     durations, mean, median, variance, and other statistical 
     measures or representations) to complete each step (including 
     those aspects outside the control of the executive branch of 
     the Federal Government, such as judicial review, applicant 
     decisions, or State and local government involvement) 
     associated with the processing of applications, operating 
     plans, leases, licenses, permits, and other use 
     authorizations for critical mineral-related activities on 
     Federal land, which shall serve as a baseline for the 
     performance metric developed and finalized under subsections 
     (e) and (f), respectively;
       (3) identifies measures (including regulatory changes and 
     legislative proposals) that would optimize efficiencies, 
     while maintaining environmental standards, associated with 
     the permitting of activities that will increase exploration 
     and development of domestic critical minerals; and
       (4) identifies options (including cost recovery paid by 
     applicants) for ensuring adequate staffing of divisions, 
     field offices, or other entities responsible for the 
     consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land.
       (e) Draft Performance Metric.--Not later than 330 days 
     after the date of enactment of this Act, and on completion of 
     the report required under subsection (d), the Working Group 
     shall publish in the Federal Register for public comment a 
     draft description of a performance metric for evaluating the 
     progress made by the executive branch of the Federal 
     Government on matters within the control of that branch 
     towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic critical minerals.
       (f) Final Performance Metric.--Not later than 1 year after 
     the date of enactment of this Act, and after consideration of 
     any public comments received under subsection (e), the 
     Working Group shall publish in the Federal Register a 
     description of the final performance metric.
       (g) Annual Report.--Not later than 2 years after the date 
     of enactment of this Act and annually thereafter, using the 
     final performance metric under subsection (f), the Working 
     Group shall submit to the applicable committees, as part of 
     the budget request of the Department of the Interior for each 
     fiscal year, each report that--
       (1) describes the progress made by the executive branch of 
     the Federal Government on matters within the control of that 
     branch towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic critical minerals; and
       (2) compares the United States to other countries in terms 
     of permitting efficiency, environmental standards, and other 
     criteria relevant to a globally competitive economic sector.
       (h) Report of Small Business Administration.--Not later 
     than 300 days after the date of enactment of this Act, the 
     Administrator of the Small Business Administration shall 
     submit to the applicable committees a report that assesses 
     the performance of Federal agencies in--
       (1) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (2) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (i) Judicial Review.--
       (1) In general.--Nothing in this section affects any 
     judicial review of an agency action under any other provision 
     of law.
       (2) Construction.--This section--
       (A) is intended to improve the internal management of the 
     Federal Government; and
       (B) does not create any right or benefit, substantive or 
     procedural, enforceable at law or equity by a party against 
     the United States (including an agency, instrumentality, 
     officer, or employee) or any other person.

     SEC. 806. RECYCLING AND ALTERNATIVES.

       (a) Establishment.--The Secretary of Energy shall conduct a 
     program of research and development to promote the efficient 
     production, use, and recycling of, and alternatives to, 
     critical minerals.
       (b) Cooperation.--In carrying out the program, the 
     Secretary of Energy shall cooperate with appropriate--
       (1) Federal agencies and National Laboratories;
       (2) critical mineral producers;
       (3) critical mineral manufacturers;
       (4) trade associations;
       (5) academic institutions;
       (6) small businesses; and
       (7) other relevant entities or individuals.
       (c) Activities.--Under the program, the Secretary of Energy 
     shall carry out activities that include the identification 
     and development of--
       (1) advanced critical mineral production or processing 
     technologies that decrease the environmental impact, and 
     costs of production, of such activities;
       (2) techniques and practices that minimize or lead to more 
     efficient use of critical minerals;
       (3) techniques and practices that facilitate the recycling 
     of critical minerals, including options for improving the 
     rates of collection of post-consumer products containing 
     critical minerals;
       (4) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts; and
       (5) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act and every 5 years thereafter, the 
     Secretaries shall submit to the applicable committees a 
     report summarizing the activities, findings, and progress of 
     the program.

     SEC. 807. ANALYSIS AND FORECASTING.

       (a) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary, in consultation with academic institutions, the 
     Energy Information Administration, and others in order to 
     maximize the application of existing competencies related to 
     developing and maintaining computer-models and similar 
     analytical tools, shall conduct and publish the results of an 
     annual report that includes--
       (1) as part of the annually published Mineral Commodity 
     Summaries from the United

[[Page 13058]]

     States Geological Survey, a comprehensive review of critical 
     mineral production, consumption, and recycling patterns, 
     including--
       (A) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (B) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (C) market price data for each critical mineral;
       (D) an assessment of--
       (i) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (ii) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (iii) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;
       (E) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (F) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (G) a discussion of applicable international trends 
     associated with the discovery, production, consumption, use, 
     costs of production, prices, and recycling of each critical 
     mineral as well as the development of alternatives to 
     critical minerals; and
       (H) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     section; and
       (2) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (A) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (B) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (C) market price projections for each critical mineral, to 
     the maximum extent practicable and based on the best 
     available information;
       (D) an assessment of--
       (i) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (ii) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (iii) the projected implications of potential supply 
     shortages, restrictions, or disruptions;
       (E) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (F) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (G) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, prices, and recycling 
     of each critical mineral as well as the development of 
     alternatives to critical minerals; and
       (H) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this section.
       (b) Proprietary Information.--In preparing a report 
     described in subsection (a), the Secretary shall ensure 
     that--
       (1) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person who supplied the information is not 
     discernible and is not material to the intended uses of the 
     information;
       (2) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person who supplied 
     particular information; and
       (3) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.

     SEC. 808. EDUCATION AND WORKFORCE.

       (a) Workforce Assessment.--Not later than 300 days after 
     the date of enactment of this Act, the Secretary of Labor (in 
     consultation with the Secretary of the Interior, the Director 
     of the National Science Foundation, and employers in the 
     critical minerals sector) shall submit to Congress an 
     assessment of the domestic availability of technically 
     trained personnel necessary for critical mineral assessment, 
     production, manufacturing, recycling, analysis, forecasting, 
     education, and research, including an analysis of--
       (1) skills that are in the shortest supply as of the date 
     of the assessment;
       (2) skills that are projected to be in short supply in the 
     future;
       (3) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (4) the effectiveness of training and education programs in 
     addressing skills shortages;
       (5) opportunities to hire locally for new and existing 
     critical mineral activities;
       (6) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policy described in 
     section 803(a); and
       (7) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (b) Curriculum Study.--
       (1) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (A) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, and 
     manufacturing;
       (B) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, and manufacturing;
       (C) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines to improve the critical mineral supply 
     chain and advance the capacity of the United States to 
     increase domestic, critical mineral exploration, development, 
     and manufacturing; and
       (D) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the grant program 
     described in subsection (c).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     paragraph (1).
       (c) Grant Program.--
       (1) Establishment.--The Secretary and the National Science 
     Foundation shall jointly conduct a competitive grant program 
     under which institutions of higher education may apply for 
     and receive 4-year grants for--
       (A) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     subsection (b);
       (B) internships, scholarships, and fellowships for students 
     enrolled in critical mineral programs; and
       (C) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs.
       (2) Renewal.--A grant under this subsection shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under subsection (b)(1)(D).

     SEC. 809. INTERNATIONAL COOPERATION.

       (a) Establishment.--The Secretary of State, in coordination 
     with the Secretary, shall carry out a program to promote 
     international cooperation on critical mineral supply chain 
     issues with allies of the United States.
       (b) Activities.--Under the program, the Secretary of State 
     may work with allies of the United States--
       (1) to increase the global, responsible production of 
     critical minerals, if a determination is made by the 
     Secretary of State that there is no viable production 
     capacity for the critical minerals within the United States;
       (2) to improve the efficiency and environmental performance 
     of extraction techniques;
       (3) to increase the recycling of, and deployment of 
     alternatives to, critical minerals;
       (4) to assist in the development and transfer of critical 
     mineral extraction, processing, and manufacturing 
     technologies that would have a beneficial impact on world 
     commodity markets and the environment;
       (5) to strengthen and maintain intellectual property 
     protections; and
       (6) to facilitate the collection of information necessary 
     for analyses and forecasts conducted pursuant to section 807.

     SEC. 810. REPEAL, AUTHORIZATION, AND OFFSET.

       (a) Repeal.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this title and the amendments 
     made by this title $30,000,000.
       (c) Authorization Offset.--Section 207(c) of the Energy 
     Independence and Security Act

[[Page 13059]]

     of 2007 (42 U.S.C. 17022(c)) is amended by inserting before 
     the period at the end the following: ``, except that the 
     amount authorized to be appropriated to carry out this 
     section not appropriated as of the date of enactment of the 
     Domestic Energy and Jobs Act shall be reduced by 
     $30,000,000''.

                        TITLE IX--MISCELLANEOUS

     SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE SOLID 
                   MINERALS LEASING PROGRAM.

       The Secretary of the Interior may not transfer to the 
     Office of Surface Mining Reclamation and Enforcement any 
     responsibility or authority to perform any function performed 
     on the day before the date of enactment of this Act under the 
     solid minerals leasing program of the Department of the 
     Interior, including--
       (1) any function under--
       (A) sections 2318 through 2352 of the Revised Statutes 
     (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 21 
     et seq.);
       (B) the Act of July 31, 1947 (commonly known as the 
     ``Materials Act of 1947'') (30 U.S.C. 601 et seq.);
       (C) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
       (D) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 
     351 et seq.);
       (2) any function relating to management of mineral 
     development on Federal land and acquired land under section 
     302 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1732); and
       (3) any function performed under the mining law 
     administration program of the Bureau of Land Management.

     SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL 
                   SHELF REVENUES.

       Section 105(f)(1) of the Gulf of Mexico Energy Security Act 
     of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended 
     by striking ``2055'' and inserting ``2025, and shall not 
     exceed $750,000,000 for each of fiscal years 2026 through 
     2055''.

     SEC. 903. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST 
                   OF VIRGINIA.

       (a) Inclusion in Leasing Programs.--The Secretary of the 
     Interior shall--
       (1) as soon as practicable after, but not later than 10 
     days after, the date of enactment of this Act, revise the 
     proposed outer Continental Shelf oil and gas leasing program 
     for the 2012-2017 period to include in the program Lease Sale 
     220 off the coast of Virginia; and
       (2) include the outer Continental Shelf off the coast of 
     Virginia in the leasing program for each 5-year period after 
     the 2012-2017 period.
       (b) Conduct of Lease Sale.--As soon as practicable, but not 
     later than 1 year, after the date of enactment of this Act, 
     the Secretary of the Interior shall carry out under section 8 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
     Lease Sale 220.
       (c) Balancing Military and Energy Production Goals.--
       (1) Joint goals.--In recognition that the outer Continental 
     Shelf oil and gas leasing program and the domestic energy 
     resources produced under that program are integral to 
     national security, the Secretary of the Interior and the 
     Secretary of Defense shall work jointly in implementing this 
     section--
       (A) to preserve the ability of the Armed Forces to maintain 
     an optimum state of readiness through their continued use of 
     energy resources of the outer Continental Shelf; and
       (B) to allow effective exploration, development, and 
     production of the oil, gas, and renewable energy resources of 
     the United States.
       (2) Prohibition on conflicts with military operations.--No 
     person may engage in any exploration, development, or 
     production of oil or natural gas off the coast of Virginia 
     that would conflict with any military operation, as 
     determined in accordance with--
       (A) the agreement entitled ``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
       (B) any revision to, or replacement of, the agreement 
     described in subparagraph (A) that is agreed to by the 
     Secretary of Defense and the Secretary of the Interior after 
     July 20, 1983, but before the date of issuance of the lease 
     under which the exploration, development, or production is 
     conducted.
       (3) National defense areas.--The United States reserves the 
     right to designate by and through the Secretary of Defense, 
     with the approval of the President, national defense areas on 
     the outer Continental Shelf under section 12(d) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1341(d)).

     SEC. 904. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS 
                   MODIFYING THE STREAM ZONE BUFFER RULE.

       The Secretary of the Interior may not, before December 31, 
     2013, issue a regulation modifying the final rule entitled 
     ``Excess Spoil, Coal Mine Waste, and Buffers for Perennial 
     and Intermittent Streams'' (73 Fed. Reg. 75814 (December 12, 
     2008)).
                                 ______
                                 
  SA 3671. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SHIFT IN THE COLLECTION OF THE PAYMENT FOR THE 
                   TRANSITIONAL REINSURANCE PROGRAM.

       (a) In General.--Section 1341(b) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18061(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by inserting ``beginning on January 1, 2018,'' after 
     ``required to make payments''; and
       (ii) by striking ``any plan year beginning in the 3-year 
     period'' and all that follows through the end and inserting 
     ``payments made under subparagraph (C) (as specified in 
     paragraph (3));''
       (B) in subparagraph (B), by striking ``and uses'' and all 
     that follows through the period and inserting ``; and''' and
       (C) by adding at the end the following:
       ``(C) the applicable reinsurance entity makes reinsurance 
     payments to health insurance issuers described in 
     subparagraph (A) that cover high risk individuals in the 
     individual market (excluding grandfathered health plans) for 
     any plan year beginning in the 3-year period beginning 
     January 1, 2014, in an aggregate amount of up to the total of 
     the aggregate contribution amounts described in paragraph 
     (3)(B)(iv), subject to paragraph (4).'';
       (2) in paragraph (2), by striking ``paragraph (1)(B)'' and 
     inserting ``paragraph (1)(C)'';
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``2014'' and inserting 
     ``2018''; and
       (B) in subparagraph (B)--
       (i) in clause (ii), by striking ``administrative'' and 
     inserting ``operational'';
       (ii) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (iii) by inserting after clause (ii), the following:
       ``(iii) the aggregate contribution amount for all States 
     shall be based on the total amount of reinsurance payments 
     made under paragraph (1)(C);'';
       (iv) by striking clause (iv), as so redesignated, and 
     inserting the following:
       ``(iv) the aggregate contribution amount collected under 
     clause (iii) shall, without regard to amounts described in 
     clause (ii), be limited to $10,000,000,000 based on the plan 
     years beginning in 2014, $6,000,000,000 based on the plan 
     years beginning in 2015, and $4,000,000,000 based on the plan 
     years beginning in 2016;'';
       (v) in clause (v), as so redesignated, by striking ``clause 
     (iii)'' each place that such term appears and inserting 
     ``clause (iv)'';
       (vi) by inserting after clause (v), the following:
       ``(vi) in addition to the contribution amounts under 
     clauses (iii), (iv), and (v), each issuer's contribution 
     amount--

       ``(I) shall reflect its proportionate share of an 
     additional $20,300,000 for operational expenses for 
     reinsurance payments for calendar year 2014 and for 
     reinsurance collections for calendar year 2018;
       ``(II) shall reflect its proportionate share of operational 
     expenses for reinsurance payments for calendar year 2015 and 
     for reinsurance collections for calendar year 2019; and
       ``(III) shall reflect its proportionate share of 
     operational expenses for reinsurance payments for calendar 
     year 2016 and for reinsurance collections for calendar year 
     2020; and

       ``(vii) collection of the contribution amounts provided for 
     in clauses (ii) through (vi) shall be initiated--

       ``(I) for calendar year 2014, not earlier than January 1, 
     2018;
       ``(II) for calendar year 2015, not earlier than January 1, 
     2019; and
       ``(III) for calendar year 2016, not earlier than January 1, 
     2020.'';

       (4) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking ``contribution amounts collected for any 
     calendar year'' and inserting ``amount provided under 
     paragraph (5) for reinsurance payments described in paragraph 
     (1)(C)''; and
       (ii) by striking ``; and'' and inserting a period;
       (B) by striking subparagraph (B);
       (C) by striking ``that--'' and all that follows through 
     ``the contribution'' in subparagraph (A) and inserting ``that 
     the contribution''; and
       (D) in the flush matter at the end, by striking ``paragraph 
     (3)(B)(iv)'' and inserting the following: ``paragraph 
     (3)(B)(v) and any amounts collected under clauses (ii) of 
     paragraph (3)(B) that, when combined with the funding 
     provided for under paragraph (5), exceed the aggregate amount 
     permitted for making the reinsurance payments described in 
     paragraph (1)(C) and to fund the operational expenses of 
     applicable reinsurance entities,''; and
       (5) by adding at the end the following:
       ``(5) Funding.--To carry out this section, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, an amount equal to the aggregate amount to be 
     collected for plan years beginning in 2014 set forth in 
     paragraph (3)(B)(iv) for reinsurance payments described in 
     paragraph (1)(C), and an amount equal to the contribution 
     amounts set forth in paragraph (3)(B)(vi) to fund operational 
     expenses of applicable reinsurance entities.''.

[[Page 13060]]

       (b) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to increase the amount of 
     payments to be collected under subsection (b)(1)(A) or to 
     decrease the amount of the reinsurance payments to be made 
     under subsection (b)(1)(C) of section 1341 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18061).
       (c) Medical Loss Ratio.--The Secretary of Health and Human 
     Services shall promulgate regulations or guidance to ensure 
     that health insurance issuers reflect changes made in section 
     1341 of the Patient Protection and Affordable Care Act with 
     section 2718 of the Public Health Service Act (42 U.S.C.1 
     300gg-18) and sections 1342 and 1312(c) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18063 and 
     18032(c)).
                                 ______
                                 
  SA 3672. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. AMERICA STAR PROGRAM.

       (a) In General.--The Secretary of Commerce shall establish 
     a voluntary program, to be known as the ``America Star 
     Program'', under which manufacturers may have products 
     certified as meeting the standards of labels that indicate to 
     consumers the extent to which the products are manufactured 
     in the United States.
       (b) Establishment of Labels.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall, by rule--
       (A) design America Star labels that are consistent with 
     public perceptions of the meaning of descriptions of the 
     extent to which a product is manufactured in the United 
     States; and
       (B) specify the standards that a product shall meet in 
     order to bear a particular America Star label.
       (c) Certification of Products.--
       (1) Application procedures.--A manufacturer that wishes to 
     have a product certified as meeting the standards of an 
     America Star label may apply to the Secretary for 
     certification in accordance with such procedures as the 
     Secretary shall establish by rule.
       (2) Action by secretary.--Not later than such time after 
     receiving an application for certification under paragraph 
     (1) as the Secretary determines reasonable by rule, the 
     Secretary shall--
       (A) determine whether the product described in the 
     application meets the standards of the requested America Star 
     label;
       (B) if the product meets such standards, certify the 
     product; and
       (C) notify the manufacturer of the determination and 
     whether the product has been certified.
       (d) Monitoring; Withdrawal of Certification.--
       (1) Monitoring.--The Secretary shall conduct such 
     monitoring and compliance review as the Secretary considers 
     necessary--
       (A) to detect violations of subsection (f); and
       (B) to ensure that products certified as meeting the 
     standards of America Star labels continue to meet such 
     standards.
       (2) Withdrawal of certification.--
       (A) On initiative of secretary.--If the Secretary 
     determines that a product certified as meeting the standards 
     of an America Star label no longer meets such standards, the 
     Secretary shall--
       (i) notify the manufacturer of the determination and any 
     corrective action that would enable the product to meet such 
     standards; and
       (ii) if the manufacturer does not take such action within 
     such time after receiving notification under clause (i) as 
     the Secretary determines reasonable by rule, the Secretary 
     shall withdraw the certification of the product and notify 
     the manufacturer of the withdrawal.
       (B) At request of manufacturer.--At the request of the 
     manufacturer of a product, the Secretary shall withdraw the 
     certification of the product and notify the manufacturer of 
     the withdrawal.
       (e) Consultation.--
       (1) Required consultation with federal trade commission.--
     In establishing America Star labels and operating the America 
     Star Program, the Secretary shall consult with the Federal 
     Trade Commission to ensure consistency with the requirements 
     enforced by the Commission with respect to representations of 
     the extent to which products are manufactured in the United 
     States.
       (2) Sense of congress on consultation with private-sector 
     companies.--It is the sense of Congress that, in establishing 
     America Star labels and operating the America Star Program, 
     the Secretary should consult with private-sector companies 
     that have developed labeling programs to verify or certify to 
     consumers the extent to which products are manufactured in 
     the United States.
       (f) Prohibited Conduct.--Unless a certification by the 
     Secretary that a product meets the standards of an America 
     Star label is in effect, a person may not--
       (1) place such label on such product;
       (2) use such label in any marketing materials for such 
     product; or
       (3) in any other way represent that such product meets, or 
     is certified as meeting, the standards of such label.
       (g) Enforcement.--
       (1) Civil penalty.--Any person who knowingly violates 
     subsection (f) shall be subject to a civil penalty of not 
     more than $10,000.
       (2) Ineligibility.--
       (A) In general.--Except as provided in subparagraph (C), if 
     the Secretary determines that a manufacturer--
       (i) has made a false statement to the Secretary in 
     connection with the America Star Program;
       (ii) knowing, or having reason to know, that a product does 
     not meet the standards of an America Star label--

       (I) has placed such label on such product;
       (II) has used such label in any marketing materials for 
     such product; or
       (III) in any other way has represented that such product 
     meets or is certified as meeting the standards of such label; 
     or

       (iii) has otherwise violated the purposes of the America 
     Star Program;
     the Secretary may not, for a period of 5 years after the 
     conduct described in clause (i), (ii), or (iii), certify the 
     product to which such conduct relates as meeting the 
     standards of an America Star label.
       (B) Effect on existing certification.--In the case of a 
     product with respect to which, at the time of the 
     determination of the Secretary under subparagraph (A), there 
     is in effect a certification by the Secretary that the 
     product meets the standards of an America Star label--
       (i) if the product continues to meet such standards, the 
     Secretary may either withdraw the certification or allow the 
     certification to continue in effect, as the Secretary 
     considers appropriate; and
       (ii) if the product no longer meets such standards, the 
     Secretary shall withdraw the certification.
       (C) Waiver.--Notwithstanding subparagraph (A), the 
     Secretary may waive or reduce the period referred to in such 
     subparagraph if the Secretary determines that the waiver or 
     reduction is in the best interests of the America Star 
     Program.
       (h) Administrative Appeal.--
       (1) Expedited appeals procedure.--The Secretary shall 
     establish an expedited administrative appeals procedure under 
     which persons may appeal an action of the Secretary under 
     this section that--
       (A) adversely affects such person; or
       (B) is inconsistent with the America Star Program.
       (2) Appeal of final decision.--A final decision of the 
     Secretary under paragraph (1) may be appealed to the United 
     States district court for the district in which the person is 
     located.
       (i) Offsetting Collections.--
       (1) In general.--The Secretary may collect reasonable fees 
     from--
       (A) manufacturers that apply for certification of products 
     as meeting the standards of America Star labels; and
       (B) manufacturers of products for which such certifications 
     are in effect.
       (2) Account.--The fees collected under paragraph (1) shall 
     be credited to the account that incurs the cost of the 
     certification services provided under this section.
       (3) Use.--The fees collected under paragraph (1) shall be 
     available to the Secretary, without further appropriation or 
     fiscal-year limitation, to pay the expenses of the Secretary 
     incurred in providing certification services under this 
     section.
       (j) Definitions.--In this section:
       (1) America star label.--The term ``America Star label'' 
     means a label described in subsection (a) and established by 
     the Secretary under subsection (b)(1).
       (2) America star program.--The term ``America Star 
     Program'' means the voluntary labeling program established 
     under this section.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
                                 ______
                                 
  SA 3673. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. PERMANENT EXTENSION OF NEW MARKETS TAX CREDIT.

       (a) Extension.--
       (1) In general.--Subparagraph (G) of section 45D(f)(1) of 
     the Internal Revenue Code of 1986 is amended by striking ``, 
     2011, 2012, and 2013'' and inserting ``and each calendar year 
     thereafter''.
       (2) Conforming amendment.--Section 45D(f)(3) of such Code 
     is amended by striking the last sentence.
       (b) Inflation Adjustment.--Subsection (f) of section 45D of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new paragraph:
       ``(4) Inflation adjustment.--
       ``(A) In general.--In the case of any calendar year 
     beginning after 2013, the dollar amount in paragraph (1)(G) 
     shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar

[[Page 13061]]

     year, determined by substituting `calendar year 2000' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding rule.--Any increase under subparagraph (A) 
     which is not a multiple of $1,000,000 shall be rounded to the 
     nearest multiple of $1,000,000.''.
       (c) Alternative Minimum Tax Relief.--Subparagraph (B) of 
     section 38(c)(4) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by redesignating clauses (v) through (ix) as clauses 
     (vi) through (x), respectively, and
       (2) by inserting after clause (iv) the following new 
     clause:
       ``(v) the credit determined under section 45D, but only 
     with respect to credits determined with respect to qualified 
     equity investments (as defined in section 45D(b)) initially 
     made before January 1, 2014,''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Alternative minimum tax relief.--The amendments made by 
     subsection (c) shall apply to credits determined with respect 
     to qualified equity investments (as defined in section 45D(b) 
     of the Internal Revenue Code of 1986) initially made after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3674. Mr. WARNER (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INBOUND INVESTMENT PROGRAM TO RECRUIT JOBS TO THE 
                   UNITED STATES.

       (a) Definitions.--In this section:
       (1) Distressed.--The term ``distressed'', with respect to 
     an area, means an area in the United States that, on the date 
     on which the program is established under subsection (b)--
       (A) is included in the most recent classification of labor 
     surplus areas by the Secretary of Labor; and
       (B) has an unemployment rate equal to or great than 110 
     percent of the unemployment rate of the United States.
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity that employs not fewer than 50 full-time equivalent 
     employees in high-value jobs.
       (3) Eligible facility.--The term ``eligible facility'' 
     means a facility at which--
       (A) an eligible entity employs not fewer than 50 full-time 
     equivalent employees in high-value jobs;
       (B) with respect to a rural or distressed area, the mean of 
     the wages provided by the eligible entity to individuals 
     employed at such facility is greater than the mean wage for 
     the county in which the rural or distressed area is located; 
     and
       (C) derives at least the majority of its revenues from--
       (i) goods production; or
       (ii) providing product design, engineering, marketing, or 
     information technology services.
       (4) High-value job defined.--The term ``high-value job'' 
     means a job that--
       (A) exists within an eligible facility; and
       (B) has a North American Industrial Classification that 
     corresponds with manufacturing, software publishers, computer 
     systems design, or related codes, and is higher than the mean 
     hourly wage in the country.
       (5) Rural.--The term ``rural'', with respect to an area, 
     means any area in the United States which, as confirmed by 
     the latest decennial census, is not located within--
       (A) a city or town that has a population of greater than 
     50,000 inhabitants; or
       (B) an urbanized area contiguous and adjacent to a city or 
     town described in subparagraph (A).
       (b) Program Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Commerce 
     shall establish a program to award grants to States that are 
     recruiting high-value jobs. Grants awarded under this section 
     may be used to issue forgivable loans to eligible entities 
     that are deciding whether to locate eligible facilities in 
     the United States to assist such entities in locating such 
     facilities in rural or distressed areas.
       (c) Federal Grants to States.--
       (1) In general.--The Secretary shall carry out the program 
     through the award of grants to States to provide loans and 
     loan guarantees described in subsection (d).
       (2) Application.--
       (A) In general.--A State seeking a grant under the program 
     shall submit an application to the Secretary in such manner 
     and containing such information as the Secretary may require. 
     Once the program is operational, any State may apply for a 
     grant on an ongoing basis, until funds are exhausted. The 
     Secretary may also establish a process for pre-clearing 
     applications from States. The Secretary shall notify all 
     States of this grant opportunity once the program is 
     operational. All information about the program and the State 
     application process must be online and must be in a format 
     that is easily understood and is widely accessible.
       (B) Elements.--Each application submitted by a State under 
     subparagraph (A) shall include--
       (i) a description of the eligible entity the State proposes 
     to assist in locating an eligible facility in a rural or 
     distressed area of the State;
       (ii) a description of such facility, including the number 
     of high-value jobs relating to such facility;
       (iii) a description of such rural or distressed area;
       (iv) a description of the resources of the State that the 
     State has committed to assisting such corporation in locating 
     such facility, including tax incentives provided, bonding 
     authority exercised, and land granted; and
       (v) such other elements as the Secretary considers 
     appropriate.
       (C) Notice.--As soon as practicable after establishing the 
     program under subsection (b), the Secretary shall notify all 
     States of the grants available under the program and the 
     process for applying for such grants.
       (D) Online submission of applications.--The Secretary shall 
     establish a mechanism for the electronic submission of 
     applications under subparagraph (A). Such mechanism shall 
     utilize an Internet website and all information on such 
     website shall be in a format that is easily understood and 
     widely accessible.
       (E) Confidentiality.--The Secretary may not make public any 
     information submitted by a State to the Secretary under this 
     paragraph regarding the efforts of such State to assist an 
     eligible entity in locating an eligible facility in such 
     State without the express consent of the State.
       (3) Selection.--The Secretary shall award grants under the 
     program on a competitive basis to States that--
       (A) the Secretary determines are most likely to succeed 
     with a grant under the program in assisting an eligible 
     entity in locating an eligible facility in a rural or 
     distressed area;
       (B) if successful in assisting an eligible entity as 
     described in subparagraph (A), will create the greatest 
     number of high-value jobs in rural or distressed areas;
       (C) have committed significant resources, to the extent of 
     their ability as determined by the Secretary, to assisting 
     eligible entities in locating eligible facilities in a rural 
     or distressed areas; or
       (D) meet such other criteria as the Secretary considers 
     appropriate, including criteria relating to marketing plans, 
     benefits to ongoing regional or State strategies for economic 
     development, and job growth.
       (4) Limitation on competition between states.--The 
     Secretary may not award a grant to a State under the program 
     to assist an eligible entity--
       (A) in locating an eligible facility in such State if 
     another State is already seeking to assist such eligible 
     entity in locating such eligible facility in such other 
     State; or
       (B) from relocating an eligible facility from one State to 
     another State.
       (5) Availability of grant amounts.--For each grant awarded 
     to a State under the program, the Secretary shall make 
     available to such State the amount of such grant not later 
     than 30 days after the date on which the Secretary awarded 
     the grant. The total amount of grants awarded under this 
     program may not exceed $100,000,000.
       (d) Loans and Loan Guarantees From States to 
     Corporations.--
       (1) In general.--Amounts received by a State under the 
     program shall be used to provide assistance to an eligible 
     entity to locate an eligible facility in a rural or 
     distressed area of the State.
       (2) Loans and loan guarantees.--A State receiving a grant 
     under the program may provide assistance under paragraph (1) 
     in the form of--
       (A) a single loan to a single eligible entity as described 
     in paragraph (1) to cover the costs incurred by the eligible 
     entity in locating the eligible facility as described in such 
     paragraph; or
       (B) a single loan guarantee to a financial institution 
     making a single loan to a single eligible entity as described 
     in paragraph (1) to cover the costs incurred by the eligible 
     entity in locating the eligible facility as described in such 
     paragraph.
       (3) Terms and conditions.--Each loan or loan guarantee 
     provided under paragraph (2) shall have a term of 5 years and 
     shall bear interest at rates equal to the Federal long-term 
     rate under section 1274(d)(1)(C) of the Internal Revenue Code 
     of 1986.
       (4) Amount.--The amount of a loan or loan guarantee issued 
     to an eligible entity under the program for the location of 
     an eligible facility shall be an amount equal to not more 
     than $5,000 per full-time equivalent employee to be employed 
     at such facility.
       (5) Repayment.--Repayment of a loan issued by a State to an 
     eligible entity under the program shall be repaid in 
     accordance with such schedule as the State shall establish in 
     accordance with such rules as the Secretary shall prescribe 
     for purposes of the program. Such rules shall provide for the 
     following:
       (A) Forgiveness of all or a portion of the loan, the amount 
     of such forgiveness depending upon the following:
       (i) The performance of the borrower.
       (ii) The number or quality of the jobs at the facility 
     located under the program.

[[Page 13062]]

       (B) Repayment of principal or interest, if any, at the end 
     of the term of the loan.
       (e) Assessment and Recommendations.--
       (1) Ongoing assessment.--The Secretary shall conduct an 
     ongoing assessment of the program.
       (2) Recommendations.--The Secretary may submit to Congress 
     recommendations for such legislative action as the Secretary 
     considers appropriate to improve the program, including with 
     respect to any findings of the Secretary derived by comparing 
     the program established under subsection (b) with the 
     programs and policies of governments of other countries used 
     to recruit high-value jobs.
                                 ______
                                 
  SA 3675. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

             TITLE II--WATER SUPPLY PERMITTING COORDINATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Water Supply Permitting 
     Coordination Act''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (2) Cooperating agencies.--The term ``cooperating agency'' 
     means a Federal agency with jurisdiction over a review, 
     analysis, opinion, statement, permit, license, or other 
     approval or decision required for a qualifying project under 
     applicable Federal laws and regulations, or a State agency 
     subject to section 203(c).
       (3) Qualifying projects.--The term ``qualifying projects'' 
     means new surface water storage projects constructed on lands 
     administered by the Department of the Interior or the 
     Department of Agriculture, exclusive of any easement, right-
     of-way, lease, or any private holding.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 203. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING 
                   AGENCIES.

       (a) Establishment of Lead Agency.--The Bureau of 
     Reclamation is established as the lead agency for purposes of 
     coordinating all reviews, analyses, opinions, statements, 
     permits, licenses, or other approvals or decisions required 
     under Federal law to construct qualifying projects.
       (b) Identification and Establishment of Cooperating 
     Agencies.--The Commissioner of the Bureau shall--
       (1) identify, as early as practicable upon receipt of an 
     application for a qualifying project, any Federal agency that 
     may have jurisdiction over a review, analysis, opinion, 
     statement, permit, license, approval, or decision required 
     for a qualifying project under applicable Federal laws and 
     regulations; and
       (2) notify any such agency, within a reasonable timeframe, 
     that the agency has been designated as a cooperating agency 
     in regards to the qualifying project unless that agency 
     responds to the Bureau in writing, within a timeframe set 
     forth by the Bureau, notifying the Bureau that the agency--
       (A) has no jurisdiction or authority with respect to the 
     qualifying project;
       (B) has no expertise or information relevant to the 
     qualifying project or any review, analysis, opinion, 
     statement, permit, license, or other approval or decision 
     associated therewith; or
       (C) does not intend to submit comments on the qualifying 
     project or conduct any review of such a project or make any 
     decision with respect to such project in a manner other than 
     in cooperation with the Bureau.
       (c) State Authority.--A State in which a qualifying project 
     is being considered may choose, consistent with State law--
       (1) to participate as a cooperating agency; and
       (2) to make subject to the processes of this title all 
     State agencies that--
       (A) have jurisdiction over the qualifying project;
       (B) are required to conduct or issue a review, analysis, or 
     opinion for the qualifying project; or
       (C) are required to make a determination on issuing a 
     permit, license, or approval for the water resource project.

     SEC. 204. BUREAU RESPONSIBILITIES.

       (a) In General.--The principal responsibilities of the 
     Bureau under this title are to--
       (1) serve as the point of contact for applicants, State 
     agencies, Indian tribes, and others regarding proposed 
     projects;
       (2) coordinate preparation of unified environmental 
     documentation that will serve as the basis for all Federal 
     decisions necessary to authorize the use of Federal lands for 
     qualifying projects; and
       (3) coordinate all Federal agency reviews necessary for 
     project development and construction of qualifying projects.
       (b) Coordination Process.--The Bureau shall have the 
     following coordination responsibilities:
       (1) Pre-application coordination.--Notify cooperating 
     agencies of proposed qualifying projects not later than 30 
     days after receipt of a proposal and facilitate a 
     preapplication meeting for prospective applicants, relevant 
     Federal and State agencies, and Indian tribes to--
       (A) explain applicable processes, data requirements, and 
     applicant submissions necessary to complete the required 
     Federal agency reviews within the timeframe established; and
       (B) establish the schedule for the qualifying project.
       (2) Consultation with cooperating agencies.--Consult with 
     the cooperating agencies throughout the Federal agency review 
     process, identify and obtain relevant data in a timely 
     manner, and set necessary deadlines for cooperating agencies.
       (3) Schedule.--Work with the qualifying project applicant 
     and cooperating agencies to establish a project schedule. In 
     establishing the schedule, the Bureau shall consider, among 
     other factors--
       (A) the responsibilities of cooperating agencies under 
     applicable laws and regulations;
       (B) the resources available to the cooperating agencies and 
     the non-Federal qualifying project sponsor, as applicable;
       (C) the overall size and complexity of the qualifying 
     project;
       (D) the overall schedule for and cost of the qualifying 
     project; and
       (E) the sensitivity of the natural and historic resources 
     that may be affected by the qualifying project.
       (4) Environmental compliance.--Prepare a unified 
     environmental review document for each qualifying project 
     application, incorporating a single environmental record on 
     which all cooperating agencies with authority to issue 
     approvals for a given qualifying project shall base project 
     approval decisions. Help ensure that cooperating agencies 
     make necessary decisions, within their respective 
     authorities, regarding Federal approvals in accordance with 
     the following timelines:
       (A) Not later than one year after acceptance of a completed 
     project application when an environmental assessment and 
     finding of no significant impact is determined to be the 
     appropriate level of review under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (B) Not later than one year and 30 days after the close of 
     the public comment period for a draft environmental impact 
     statement under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), when an environmental impact 
     statement is required under the same.
       (5) Consolidated administrative record.--Maintain a 
     consolidated administrative record of the information 
     assembled and used by the cooperating agencies as the basis 
     for agency decisions.
       (6) Project data records.--To the extent practicable and 
     consistent with Federal law, ensure that all project data is 
     submitted and maintained in generally accessible electronic 
     format, compile, and where authorized under existing law, 
     make available such project data to cooperating agencies, the 
     qualifying project applicant, and to the public.
       (7) Project manager.--Appoint a project manager for each 
     qualifying project. The project manager shall have authority 
     to oversee the project and to facilitate the issuance of the 
     relevant final authorizing documents, and shall be 
     responsible for ensuring fulfillment of all Bureau 
     responsibilities set forth in this section and all 
     cooperating agency responsibilities under section 205.

     SEC. 205. COOPERATING AGENCY RESPONSIBILITIES.

       (a) Adherence to Bureau Schedule.--Upon notification of an 
     application for a qualifying project, all cooperating 
     agencies shall submit to the Bureau a timeframe under which 
     the cooperating agency reasonably considers it will be able 
     to complete its authorizing responsibilities. The Bureau 
     shall use the timeframe submitted under this subsection to 
     establish the project schedule under section 204, and the 
     cooperating agencies shall adhere to the project schedule 
     established by the Bureau.
       (b) Environmental Record.--Cooperating agencies shall 
     submit to the Bureau all environmental review material 
     produced or compiled in the course of carrying out activities 
     required under Federal law consistent with the project 
     schedule established by the Bureau.
       (c) Data Submission.--To the extent practicable and 
     consistent with Federal law, the cooperating agencies shall 
     submit all relevant project data to the Bureau in a generally 
     accessible electronic format subject to the project schedule 
     set forth by the Bureau.

     SEC. 206. FUNDING TO PROCESS PERMITS.

       (a) In General.--The Secretary, after public notice in 
     accordance with the Administrative Procedures Act (5 U.S.C. 
     553), may accept and expend funds contributed by a non-
     Federal public entity to expedite the evaluation of a permit 
     of that entity related to a qualifying project or activity 
     for a public purpose under the jurisdiction of the Department 
     of the Interior.
       (b) Effect on Permitting.--
       (1) In general.--In carrying out this section, the 
     Secretary shall ensure that the use of funds accepted under 
     subsection (a) will not impact impartial decisionmaking with 
     respect to permits, either substantively or procedurally.
       (2) Evaluation of permits.--In carrying out this section, 
     the Secretary shall ensure

[[Page 13063]]

     that the evaluation of permits carried out using funds 
     accepted under this section shall--
       (A) be reviewed by the Regional Director of the Bureau of 
     Reclamation, or the Regional Director's designee, of the 
     region in which the qualifying project or activity is 
     located; and
       (B) use the same procedures for decisions that would 
     otherwise be required for the evaluation of permits for 
     similar projects or activities not carried out using funds 
     authorized under this section.
       (3) Impartial decisionmaking.--In carrying out this 
     section, the Secretary and the cooperating agencies receiving 
     funds under this section for qualifying projects shall ensure 
     that the use of the funds accepted under this section for 
     such projects shall not--
       (A) impact impartial decisionmaking with respect to the 
     issuance of permits, either substantively or procedurally; or
       (B) diminish, modify, or otherwise affect the statutory or 
     regulatory authorities of such agencies.
       (c) Limitation on Use of Funds.--None of the funds accepted 
     under this section shall be used to carry out a review of the 
     evaluation of permits required under subsection (b)(2)(A).
       (d) Public Availability.--The Secretary shall ensure that 
     all final permit decisions carried out using funds authorized 
     under this section are made available to the public, 
     including on the Internet.
                                 ______
                                 
  SA 3676. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. ___. NATIONAL ENERGY TAX REPEAL.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) on June 25, 2013, President Obama issued a Presidential 
     memorandum directing the Administrator of the Environmental 
     Protection Agency to issue regulations relating to power 
     sector carbon pollution standards for existing coal fired 
     power plants;
       (B) the issuance of that memorandum circumvents Congress 
     and the will of the people of the United States;
       (C) any action to control emissions of greenhouse gases 
     from existing coal fired power plants in the United States by 
     mandating a national energy tax would devastate major sectors 
     of the economy, cost thousands of jobs, and increase energy 
     costs for low-income households, small businesses, and 
     seniors on fixed income;
       (D) joblessness increases the likelihood of hospital 
     visits, illnesses, and premature deaths;
       (E) according to testimony on June 15, 2011, before the 
     Committee on Environment and Public Works of the Senate by 
     Dr. Harvey Brenner of Johns Hopkins University, ``The 
     unemployment rate is well established as a risk factor for 
     elevated illness and mortality rates in epidemiological 
     studies performed since the early 1980s. In addition to 
     influences on mental disorder, suicide and alcohol abuse and 
     alcoholism, unemployment is also an important risk factor in 
     cardiovascular disease and overall decreases in life 
     expectancy.'';
       (F) according to the National Center for Health Statistics, 
     ``children in poor families were four times as likely to be 
     in fair or poor health as children that were not poor'';
       (G) any major decision that would cost the economy of the 
     United States millions of dollars and lead to serious 
     negative health effects for the people of the United States 
     should be debated and explicitly authorized by Congress, not 
     approved by a Presidential memorandum or regulations; and
       (H) any policy adopted by Congress should make United 
     States energy as clean as practicable, as quickly as 
     practicable, without increasing the cost of energy for 
     struggling families, seniors, low-income households, and 
     small businesses.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that--
       (i) a national energy tax is not imposed on the economy of 
     the United States; and
       (ii) struggling families, seniors, low-income households, 
     and small businesses do not experience skyrocketing 
     electricity bills and joblessness;
       (B) to protect the people of the United States, 
     particularly families, seniors, and children, from the 
     serious negative health effects of joblessness;
       (C) to allow sufficient time for Congress to develop and 
     authorize an appropriate mechanism to address the energy 
     needs of the United States and the potential challenges posed 
     by severe weather; and
       (D) to restore the legislative process and congressional 
     authority over the energy policy of the United States.
       (b) Presidential Memorandum.--Notwithstanding any other 
     provision of law, the head of a Federal agency shall not 
     promulgate any regulation relating to power sector carbon 
     pollution standards or any substantially similar regulation 
     on or after June 25, 2013, unless that regulation is 
     explicitly authorized by an Act of Congress.
                                 ______
                                 
  SA 3677. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. ___. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--Neither the Secretary of the Army nor the 
     Administrator of the Environmental Protection Agency shall--
       (1) finalize the proposed rule entitled ``Definition of 
     `Waters of the United States' Under the Clean Water Act'' (79 
     Fed. Reg. 22188 (April 21, 2014)); or
       (2) use the proposed rule described in paragraph (1), or 
     any substantially similar proposed rule or guidance, as the 
     basis for any rulemaking or any decision regarding the scope 
     or enforcement of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.).
       (b) Rules.--The use of the proposed rule described in 
     subsection (a)(1), or any substantially similar proposed rule 
     or guidance, as the basis for any rulemaking or any decision 
     regarding the scope or enforcement of the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) shall be 
     grounds for vacation of the final rule, decision, or 
     enforcement action.
                                 ______
                                 
  SA 3678. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. REDUCTION IN CORPORATE TAX RATE.

       (a) In General.--Subsection (b) of section 11 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Amount of Tax.--The amount of tax imposed by 
     subsection (a) shall be the sum of--
       ``(1) 15 percent of so much of the taxable income as does 
     not exceed $50,000, and
       ``(2) 20 percent of so much of the taxable income as 
     exceeds $50,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3679. Mr. JOHANNS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

       TITLE II--BUSINESS RISK MITIGATION AND PRICE STABILIZATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Business Risk Mitigation 
     and Price Stabilization Act of 2013''.

     SEC. 202. MARGIN REQUIREMENTS.

       (a) Commodity Exchange Act Amendment.--Section 4s(e) of the 
     Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 
     731 of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act, is amended by adding at the end the following 
     new paragraph:
       ``(4) Applicability with respect to counterparties.--The 
     requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), 
     including the initial and variation margin requirements 
     imposed by rules adopted pursuant to paragraphs (2)(A)(ii) 
     and (2)(B)(ii), shall not apply to a swap in which a 
     counterparty qualifies for an exception under section 
     2(h)(7)(A), or an exemption issued under section 4(c)(1) from 
     the requirements of section 2(h)(1)(A) for cooperative 
     entities as defined in such exemption, or satisfies the 
     criteria in section 2(h)(7)(D).''.
       (b) Securities Exchange Act Amendment.--Section 15F(e) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)), as 
     added by section 764(a) of the Dodd-Frank Wall Street Reform 
     and Consumer Protection Act, is amended by adding at the end 
     the following new paragraph:
       ``(4) Applicability with respect to counterparties.--The 
     requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall 
     not apply to a security-based swap in which a counterparty 
     qualifies for an exception under section 3C(g)(1) or 
     satisfies the criteria in section 3C(g)(4).''.

     SEC. 203. IMPLEMENTATION.

       The amendments made by this title to the Commodity Exchange 
     Act shall be implemented--
       (1) without regard to--
       (A) chapter 35 of title 44, United States Code; and
       (B) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) through the promulgation of an interim final rule, 
     pursuant to which public comment will be sought before a 
     final rule is issued; and
       (3) such that paragraph (1) shall apply solely to changes 
     to rules and regulations, or proposed rules and regulations, 
     that are limited to and directly a consequence of such 
     amendments.

[[Page 13064]]


                                 ______
                                 
  SA 3680. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. FAMILY HEALTH CARE FLEXIBILITY.

       (a) No Limitations on Access to Over-the-counter Drugs 
     Without Prescriptions.--Section 9003 of the Patient 
     Protection and Affordable Care Act (Public Law 111-148) and 
     the amendments made by such section are repealed; and the 
     Internal Revenue Code of 1986 shall be applied as if such 
     section, and amendments, had never been enacted.
       (b) No Limitations on Health Flexible Spending 
     Arrangements.--Sections 9005 and 10902 of the Patient 
     Protection and Affordable Care Act (Public Law 111-148) and 
     section 1403 of the Health Care and Education Reconciliation 
     Act of 2010 (Public Law 111-152) and the amendments made by 
     such sections are repealed; and the Internal Revenue Code of 
     1986 shall be applied as if such sections, and amendments, 
     had never been enacted.
                                 ______
                                 
  SA 3681. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

                 TITLE II--ENDING OPERATION CHOKE POINT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``End Operation Choke Point 
     Act of 2014''.

     SEC. 202. BUSINESS ACCESS TO INSURED DEPOSITORY INSTITUTIONS.

       (a) In General.--The Federal Deposit Insurance Act (12 
     U.S.C. 1811 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 51. BUSINESS ACCESS TO INSURED DEPOSITORY 
                   INSTITUTIONS.

       ``(a) In General.--The Federal banking agencies may not 
     prohibit or otherwise restrict or discourage an insured 
     depository institution from providing any product or service 
     to an entity that demonstrates to the insured depository 
     institution that such entity--
       ``(1) is licensed and authorized to offer such product or 
     service;
       ``(2) is registered as a money transmitting business under 
     section 5330 of title 31, United States Code, or regulations 
     promulgated under such section; or
       ``(3) has a reasoned legal opinion that demonstrates the 
     legality of the entity's business under applicable law.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) require an insured depository institution--
       ``(A) to provide any product or service to any particular 
     entity;
       ``(B) to regularly review the status of any license of an 
     entity; or
       ``(C) to determine the validity or veracity of any reasoned 
     legal opinion obtained under subsection (a)(3); or
       ``(2) imply or require that an insured depository 
     institution may only provide products or services to an 
     entity that has met any of the requirements of paragraphs (1) 
     through (3) of subsection (a).
       ``(c) Limitation on Rulemaking.--The Federal banking 
     agencies may not issue any guidance under subsection (a). Any 
     rule implementing subsection (a) shall be promulgated in 
     accordance with section 553 of title 5, United States Code.
       ``(d) Reasoned Legal Opinion Defined.--For purposes of this 
     section, the term `reasoned legal opinion'--
       ``(1) means a written legal opinion by a State-licensed 
     attorney that addresses the facts of a particular business 
     and the legality of the business's provision of products or 
     services to customers in the relevant jurisdictions under 
     applicable Federal and State law, tribal ordinances, tribal 
     resolutions, and tribal-State compacts; and
       ``(2) does not include a written legal opinion that recites 
     the facts of a particular business and states a 
     conclusion.''.

     SEC. 203. BUSINESS ACCESS TO FEDERAL CREDIT UNIONS.

       Title I of the Federal Credit Union Act (12 U.S.C. 1751 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 132. BUSINESS ACCESS TO INSURED CREDIT UNIONS.

       ``(a) In General.--The Board may not prohibit or otherwise 
     restrict or discourage an insured credit union from providing 
     any product or service to an entity that demonstrates to the 
     insured credit union that such entity--
       ``(1) is licensed and authorized to offer such product or 
     service;
       ``(2) is registered as a money transmitting business under 
     section 5330 of title 31, United States Code, or regulations 
     promulgated under such section; and
       ``(3) has a reasoned legal opinion that demonstrates the 
     legality of the entity's business under applicable law.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) require an insured credit union--
       ``(A) to provide any products or services to any entity;
       ``(B) to regularly review the status of any license of an 
     entity; or
       ``(C) to determine the validity or veracity of any reasoned 
     legal opinion obtained under subsection (a)(3); or
       ``(2) imply or require that an insured credit union may 
     only provide products or services to an entity that has met 
     any of the requirements of paragraphs (1) through (3) of 
     subsection (a).
       ``(c) Limitation on Rulemaking.--The Board may not issue 
     any guidance under subsection (a). Any rule implementing 
     subsection (a) shall be promulgated in accordance with 
     section 553 of title 5, United States Code.
       ``(d) Reasoned Legal Opinion Defined.--For purposes of this 
     section, the term `reasoned legal opinion'--
       ``(1) means a written legal opinion by a State-licensed 
     attorney that addresses the facts of a particular business 
     and the legality of the business's provision of products or 
     services to customers in the relevant jurisdictions under 
     applicable Federal and State law, tribal ordinances, tribal 
     resolutions, and tribal-State compacts; and
       ``(2) does not include a written legal opinion that recites 
     the facts of a particular business and states a 
     conclusion.''.

     SEC. 204. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, 
                   RECOVERY, AND ENFORCEMENT ACT OF 1989.

       Section 951 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended--
       (1) in subsection (c)(2), by inserting ``and where such 
     violation or conspiracy to violate is in connection with a 
     violation or conspiracy to violate a section described under 
     paragraph (1)'' after ``financial institution''; and
       (2) in subsection (g)--
       (A) in the header, by striking ``Subpoenas'' and inserting 
     ``Investigations'';
       (B) in paragraph (1), by amending subparagraph (C) to read 
     as follows:
       ``(C) request a court order from a court of competent 
     jurisdiction, to summon witnesses and to require the 
     production of any books, papers, correspondence, memoranda, 
     or other records which the Attorney General deems relevant or 
     material to the inquiry, and which shall be issued only if 
     the Attorney General offers specific and articulable facts 
     showing that there are reasonable grounds to believe that the 
     information or testimony sought is relevant and material to 
     an ongoing civil proceeding under this section.'';
       (C) by amending paragraph (2) to read as follows:
       ``(2) Annual report to congress on firrea court orders.--
     The Attorney General shall submit a report before January 31 
     of each year, beginning the first January following the date 
     of enactment of the End Operation Choke Point Act of 2014, to 
     the Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate, which shall include a detailed 
     description of--
       ``(A) the number of court orders sought by the Attorney 
     General and the number of orders issued;
       ``(B) the recipient of the court orders;
       ``(C) the number of documents requested and received;
       ``(D) the number of witnesses requested to testify and the 
     number who actually testified; and
       ``(E) whether a civil enforcement action was filed and the 
     result of any such enforcement action, including settlements 
     that led to the dismissal of charges.''; and
       (D) by striking paragraph (3).

     SEC. 205. REQUIRING COOPERATION TO DETER THE COMMISSION OF 
                   FINANCIAL FRAUD.

       Subsection (a) of section 314 of the USA PATRIOT Act (31 
     U.S.C. 5311 note) is amended--
       (1) in paragraph (1), by inserting ``, the commission of 
     financial fraud,'' after ``terrorist acts'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) means of facilitating the identification of accounts 
     and transactions involving persons engaged in committing 
     financial fraud, subject to the limitations described in 
     paragraph (5).''; and
       (3) in paragraph (5), by striking ``shall not be used'' and 
     all that follows through the period at the end and inserting 
     the following: ``shall not--
       ``(A) be used for any purpose other than identifying and 
     reporting on activities that may involve terrorist acts, 
     financial fraud, or money laundering; and
       ``(B) be construed to require financial institutions to 
     determine or assure compliance of any entity with any 
     Federal, State, or other licensing requirements.''.

[[Page 13065]]



     SEC. 206. LIABILITY FOR DISCLOSURES IN REPORTING SUSPICIOUS 
                   TRANSACTIONS.

       Paragraph (3) of section 5318(g) of title 31, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``, for any 
     underlying activity that is the subject of the disclosure,'' 
     after ``for such disclosure''; and
       (2) in subparagraph (B)(ii), by striking ``civil or'' 
     before ``criminal''.

     SEC. 207. FINANCIAL CRIMES ENFORCEMENT NETWORK DATA 
                   ACCOUNTABILITY METRICS.

       Section 310 of title 31, United States Code, is amended--
       (1) in subsection (b)(2)(C)--
       (A) in clause (vi), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (vii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(viii) generate feedback and report on the utility of the 
     data access service described in subparagraph (B) and the 
     information collected by the service to improve cooperation 
     among data providers and users while reducing regulatory 
     burden and preserving payment system efficiency.'';
       (2) in subsection (c)--
       (A) in paragraph (1)(C), by striking ``; and'' and 
     inserting a semicolon;
       (B) in paragraph (2)(C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) for appropriate metrics to monitor, track, assess, 
     and report on access to information contained in the data 
     maintenance system maintained by FinCEN for--
       ``(A) identifying, tracking, and measuring how such 
     information is used and the law enforcement results obtained 
     as a consequence of that use; and
       ``(B) assuring accountability by law enforcement agencies 
     for the utility, security, and privacy of such information 
     while reducing unnecessary regulatory burdens.''.
                                 ______
                                 
  SA 3682. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. TRUTH IN REGULATING ACT.

       (a) Short Title.--This section may be cited as the ``Truth 
     in Regulating Act of 2014''.
       (b) Purposes.--The purposes of this section are to--
       (1) increase the transparency of important regulatory 
     decisions;
       (2) promote effective congressional oversight to ensure 
     that agency rules fulfill statutory requirements in an 
     efficient, effective, and fair manner; and
       (3) increase the accountability of Congress and the 
     agencies to the people they serve.
       (c) Definitions.--In this section--
       (1) the terms ``agency'', ``rule'', and ``rule making'' 
     have the meanings given those terms under section 551 of 
     title 5, United States Code;
       (2) the term ``economically significant rule'' means any 
     proposed or final rule, including an interim or direct final 
     rule, that may--
       (A) have an annual effect on the economy of $100,000,000 or 
     more; or
       (B) adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (3) the term ``independent evaluation'' means a substantive 
     evaluation of the data, methodology, and assumptions used by 
     an agency in developing an economically significant rule, 
     including--
       (A) an explanation of how any strengths or weaknesses in 
     those data, methodology, and assumptions support or detract 
     from conclusions reached by the agency; and
       (B) the implications, if any, of the strengths or 
     weaknesses described in subparagraph (A) for the rule making; 
     and
       (4) the term ``pilot program'' means the program for 
     reviewing and reporting on economically significant rules 
     established under subsection (d).
       (d) Pilot Program for Report on Rules.--
       (1) In general.--
       (A) Request for review.--When an agency publishes an 
     economically significant rule, the chair or ranking member of 
     a committee of jurisdiction of either House of Congress may 
     request that the Comptroller General of the United States 
     review the rule.
       (B) Report.--Subject to subparagraph (D), not later than 
     180 days after the Comptroller General receives a request 
     under subparagraph (A) for review of an economically 
     significant rule, the Comptroller General shall submit to 
     each committee of jurisdiction in each House of Congress a 
     report that includes an independent evaluation of the 
     economically significant rule.
       (C) Independent evaluation.--The independent evaluation of 
     an economically significant rule by the Comptroller General 
     under subparagraph (B) shall include, with respect to the 
     agency that published the rule--
       (i) an evaluation of the analysis by the agency of the 
     potential benefits of the rule, including--

       (I) any beneficial effects that cannot be quantified in 
     monetary terms; and
       (II) the identification of the persons or entities likely 
     to receive the benefits described in subclause (I);

       (ii) an evaluation of the analysis by the agency of the 
     potential costs of the rule, including--

       (I) any adverse effects that cannot be quantified in 
     monetary terms; and
       (II) the identification of the persons or entities likely 
     to bear the costs described in subclause (I);

       (iii) an evaluation of--

       (I) the analysis by the agency of alternative approaches 
     set forth in the notice of proposed rulemaking and in the 
     rulemaking record; and
       (II) any regulatory impact analysis, federalism assessment, 
     or other analysis or assessment prepared by the agency or 
     required for the economically significant rule; and

       (iv) a summary of--

       (I) the results of the evaluation of the Comptroller 
     General; and
       (II) the implications of the results described in subclause 
     (I).

       (D) Procedures for priorities of requests.--The Comptroller 
     General may develop procedures for determining the priority 
     and number of requests for review under subparagraph (A) for 
     which the Comptroller General submits a report under 
     subparagraph (B).
       (2) Authority of comptroller general.--
       (A) Cooperation by agencies.--Each agency shall promptly 
     cooperate with the Comptroller General in carrying out this 
     section.
       (B) Rule of construction.--Nothing in this section shall be 
     construed to expand or limit the authority of the Government 
     Accountability Office.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Government Accountability Office to 
     carry out this section $5,200,000 for each of the 3 fiscal 
     years during the period described in subsection (f)(2)(A).
       (f) Effective Date; Duration of Pilot Program; Report.--
       (1) Effective date.--This section shall take effect on the 
     first day of the first fiscal year beginning after the date 
     of enactment of this Act.
       (2) Duration of pilot program.--
       (A) In general.--Except as provided in subparagraph (B), 
     the pilot program shall be in effect for the 3-year period 
     beginning on the effective date of this section.
       (B) Failure to appropriate funds.--If a specific annual 
     appropriation of not less than $5,200,000 is not made to 
     carry out this section for a fiscal year, the pilot program 
     shall not be in effect during that fiscal year.
       (3) Report.--Not later than the last day of the period 
     described in paragraph (2)(A), the Comptroller General shall 
     submit to Congress a report that--
       (A) reviews the effectiveness of the pilot program; and
       (B) recommends whether or not Congress should permanently 
     authorize the pilot program.
                                 ______
                                 
  SA 3683. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. SMALL BUSINESS ADMINISTRATION STUDY ON THE COST OF 
                   FEDERAL REGULATIONS.

       (a) Definition.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof;
       (2) the term ``major rule'' has the meaning given that term 
     under section 804 of title 5, United States Code; and
       (3) the term ``small business concern'' has the meaning 
     given that term under in section 3 of the Small Business Act 
     (15 U.S.C. 632).
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Administrator shall conduct a study on the total cost, 
     including job losses, of Federal regulations to small 
     business concerns.
       (c) Requirement.--In conducting each study required under 
     subsection (b), the Administrator shall use the best 
     available estimates of the costs and the benefits, including 
     estimates produced in accordance with Executive Order 12866 
     (5 U.S.C. 601 note; relating to regulatory planning and 
     review), disaggregated by each agency issuing a major rule, 
     of--
       (1) each major rule promulgated during the year covered by 
     the study that resulted in a net cost to small business 
     concerns; and
       (2) the cumulative costs of such major rules.
       (d) Report.--Not later than 90 days after completing a 
     study required under subsection (b), the Administrator shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report, which 
     shall include--

[[Page 13066]]

       (1) the findings of the study; and
       (2) for each study completed after the first study, the 
     increase in the total cost of Federal regulations to small 
     business concerns above the total cost included in the report 
     for the preceding year.
       (e) Funding.--
       (1) In general.--The Administrator shall carry out this 
     section using unobligated funds otherwise made available to 
     the Administration.
       (2) Sense of the senate.--It is the sense of the Senate 
     that no additional funds should be made available to the 
     Administration to carry out this section.
                                 ______
                                 
  SA 3684. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 4. SMALL BUSINESS ADMINISTRATION STUDY ON THE COST OF 
                   FEDERAL REGULATIONS.

       (a) Definition.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof;
       (2) the term ``major rule'' has the meaning given that term 
     under section 804 of title 5, United States Code; and
       (3) the term ``small business concern'' has the meaning 
     given that term under in section 3 of the Small Business Act 
     (15 U.S.C. 632).
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Administrator shall conduct a study on the total cost, 
     including job losses, of Federal regulations to small 
     business concerns.
       (c) Requirement.--In conducting each study required under 
     subsection (b), the Administrator shall use the best 
     available estimates of the costs and the benefits, including 
     estimates produced in accordance with Executive Order 12866 
     (5 U.S.C. 601 note; relating to regulatory planning and 
     review), disaggregated by each agency issuing a major rule, 
     of--
       (1) each major rule promulgated during the year covered by 
     the study that resulted in a net cost to small business 
     concerns; and
       (2) the cumulative costs of such major rules.
       (d) Report.--Not later than 90 days after completing a 
     study required under subsection (b), the Administrator shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report, which 
     shall include--
       (1) the findings of the study; and
       (2) for each study completed after the first study, the 
     increase in the total cost of Federal regulations to small 
     business concerns above the total cost included in the report 
     for the preceding year.
       (e) Funding.--
       (1) In general.--The Administrator shall carry out this 
     section using unobligated funds otherwise made available to 
     the Administration.
       (2) Sense of the senate.--It is the sense of the Senate 
     that no additional funds should be made available to the 
     Administration to carry out this section.
                                 ______
                                 
  SA 3685. Ms. COLLINS (for herself and Mr. Casey) submitted an 
amendment intended to be proposed by her to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. 4. PERMANENT DOUBLING OF DEDUCTIONS FOR START-UP 
                   EXPENSES, ORGANIZATIONAL EXPENSES, AND 
                   SYNDICATION FEES.

       (a) Start-Up Expenses.--
       (1) In general.--Clause (ii) of section 195(b)(1)(A) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``$5,000'' and inserting ``$10,000'', and
       (B) by striking ``$50,000'' and inserting ``$60,000''.
       (2) Conforming amendment.--Subsection (b) of section 195 of 
     the Internal Revenue Code of 1986 is amended by striking 
     paragraph (3).
       (b) Organizational Expenses.--Subparagraph (B) of section 
     248 of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``$5,000'' and inserting ``$10,000'', and
       (2) by striking ``$50,000'' and inserting ``$60,000''.
       (c) Organization and Syndication Fees.--Clause (ii) of 
     section 709(b)(1)(A) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``$5,000'' and inserting ``$10,000'', and
       (2) by striking ``$50,000'' and inserting ``$60,000''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     ending on or after the date of the enactment of this Act.

     SEC. 5. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL 
                   BUSINESS.

       (a) Cash Accounting Permitted.--
       (1) In general.--Section 446 of the Internal Revenue Code 
     of 1986 (relating to general rule for methods of accounting) 
     is amended by adding at the end the following new subsection:
       ``(g) Certain Small Business Taxpayers Permitted To Use 
     Cash Accounting Method Without Limitation.--
       ``(1) In general.--An eligible taxpayer shall not be 
     required to use an accrual method of accounting for any 
     taxable year.
       ``(2) Eligible taxpayer.--For purposes of this subsection, 
     a taxpayer is an eligible taxpayer with respect to any 
     taxable year if--
       ``(A) for all prior taxable years beginning after December 
     31, 2013, the taxpayer (or any predecessor) met the gross 
     receipts test of section 448(c), and
       ``(B) the taxpayer is not subject to section 447 or 448.''.
       (2) Expansion of gross receipts test.--
       (A) In general.--Paragraph (3) of section 448(b) of such 
     Code (relating to entities with gross receipts of not more 
     than $5,000,000) is amended by striking ``$5,000,000'' in the 
     text and in the heading and inserting ``$10,000,000''.
       (B) Conforming amendments.--Section 448(c) of such Code is 
     amended--
       (i) by striking ``$5,000,000'' each place it appears in the 
     text and in the heading of paragraph (1) and inserting 
     ``$10,000,000'', and
       (ii) by adding at the end the following new paragraph:
       ``(4) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2014, the dollar 
     amount contained in subsection (b)(3) and paragraph (1) of 
     this subsection shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2013' for 
     `calendar year 1992' in subparagraph (B) thereof.
     If any amount as adjusted under this subparagraph is not a 
     multiple of $100,000, such amount shall be rounded to the 
     nearest multiple of $100,000.''.
       (b) Clarification of Inventory Rules for Small Business.--
       (1) In general.--Section 471 of the Internal Revenue Code 
     of 1986 (relating to general rule for inventories) is amended 
     by redesignating subsection (c) as subsection (d) and by 
     inserting after subsection (b) the following new subsection:
       ``(c) Small Business Taxpayers Not Required To Use 
     Inventories.--
       ``(1) In general.--A qualified taxpayer shall not be 
     required to use inventories under this section for a taxable 
     year.
       ``(2) Treatment of taxpayers not using inventories.--If a 
     qualified taxpayer does not use inventories with respect to 
     any property for any taxable year beginning after December 
     31, 2013, such property shall be treated as a material or 
     supply which is not incidental.
       ``(3) Qualified taxpayer.--For purposes of this subsection, 
     the term `qualified taxpayer' means--
       ``(A) any eligible taxpayer (as defined in section 
     446(g)(2)), and
       ``(B) any taxpayer described in section 448(b)(3).''.
       (2) Increased eligibility for simplified dollar-value lifo 
     method.--Section 474(c) is amended by striking ``$5,000,000'' 
     and inserting ``the dollar amount in effect under section 
     448(c)(1)''.
       (c) Effective Date and Special Rules.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2013.
       (2) Change in method of accounting.--In the case of any 
     taxpayer changing the taxpayer's method of accounting for any 
     taxable year under the amendments made by this section--
       (A) such change shall be treated as initiated by the 
     taxpayer;
       (B) such change shall be treated as made with the consent 
     of the Secretary of the Treasury; and
       (C) the net amount of the adjustments required to be taken 
     into account by the taxpayer under section 481 of the 
     Internal Revenue Code of 1986 shall be taken into account 
     over a period (not greater than 4 taxable years) beginning 
     with such taxable year.

     SEC. 6. PERMANENT EXTENSION OF EXPENSING LIMITATION.

       (a) Dollar Limitation.--Section 179(b)(1) of the Internal 
     Revenue Code of 1986 is amended by striking ``shall not 
     exceed'' and all that follows and inserting ``shall not 
     exceed $250,000.''.
       (b) Reduction in Limitation.--Section 179(b)(2) of such 
     Code is amended by striking ``exceeds'' and all that follows 
     and inserting ``exceeds $800,000.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 of 
     such Code is amended by adding at the end the following new 
     paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in a calendar year after 2014, the $250,000 in 
     paragraph (1) and the $800,000 amount in paragraph (2) shall 
     each be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by

[[Page 13067]]

       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2013' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) of such 
     Code is amended by striking ``and before 2014''.
       (e) Election.--Section 179(c)(2) of such Code is amended by 
     striking ``and before 2014''.
       (f) Special Rules for Treatment of Qualified Real 
     Property.--
       (1) In general.--Section 179(f)(1) of such Code is amended 
     by striking ``beginning in 2010, 2011, 2012, or 2013'' and 
     inserting ``beginning after 2009''.
       (2) Conforming amendment.--Section 179(f) of such Code is 
     amended by striking paragraph (4).
       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.

     SEC. 7. EXTENSION OF BONUS DEPRECIATION.

       (a) In General.--Paragraph (2) of section 168(k) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``January 1, 2015'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2016'', and
       (2) by striking ``January 1, 2014'' each place it appears 
     and inserting ``January 1, 2015''.
       (b) Special Rule for Federal Long-Term Contracts.--Clause 
     (ii) of section 460(c)(6)(B) of the Internal Revenue Code of 
     1986 is amended by striking ``January 1, 2014 (January 1, 
     2015'' and inserting ``January 1, 2015 (January 1, 2016''.
       (c) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2014'' and inserting ``January 1, 2015''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) of 
     such Code is amended by striking ``Pre-january 1, 2014'' and 
     inserting ``Pre-january 1, 2015''.
       (3) Section 168(k)(4)(D) is amended by striking ``and'' at 
     the end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting a comma, and by adding at the end 
     the following new clauses:
       ``(iv) `January 1, 2015' shall be substituted for `January 
     1, 2016' in subparagraph (A)(iv) thereof, and
       ``(v) `January 1, 2014' shall be substituted for `January 
     1, 2015' each place it appears in subparagraph (A) 
     thereof.''.
       (4) Section 168(l)(4) of such Code is amended by striking 
     ``and'' at the end of subparagraph (A), by redesignating 
     subparagraph (B) as subparagraph (C), and by inserting after 
     subparagraph (A) the following new subparagraph:
       ``(B) by substituting `January 1, 2014' for `January 1, 
     2015' in clause (i) thereof, and''.
       (5) Subparagraph (C) of section 168(n)(2) of such Code is 
     amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2015''.
       (6) Subparagraph (D) of section 1400L(b)(2) of such Code is 
     amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2015''.
       (7) Subparagraph (B) of section 1400N(d)(3) of such Code is 
     amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2015''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2013, in taxable years ending after such date.

     SEC. 8. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR 
                   QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED 
                   RESTAURANT BUILDINGS AND IMPROVEMENTS, AND 
                   QUALIFIED RETAIL IMPROVEMENTS.

       (a) In General.--Clauses (iv), (v), and (ix) of section 
     168(e)(3)(E) of the Internal Revenue Code of 1986 are each 
     amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2015''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2013.
                                 ______
                                 
  SA 3686. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

         At the end, insert the following:

     SEC. 4. ELIMINATION OF DISINCENTIVE TO POOLING FOR MULTIPLE 
                   EMPLOYER PLANS.

         (a) In General.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of the Treasury 
     shall prescribe final regulations under which a plan 
     described in section 413(c) of the Internal Revenue Code of 
     1986 may be treated as satisfying the qualification 
     requirements of section 401(a) of such Code despite the 
     violation of such requirements with respect to one or more 
     participating employers. Such rules may require that the 
     portion of the plan attributable to such participating 
     employers be spun off to plans maintained by such employers.

     SEC. 5. MODIFICATION OF ERISA RULES RELATING TO MULTIPLE 
                   EMPLOYER DEFINED CONTRIBUTION PLANS.

         (a) In General.--
         (1) Requirement of common interest.--Section 3(2) of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     adding at the end the following:
         ``(C)(i) A qualified multiple employer plan shall not 
     fail to be treated as an employee pension benefit plan or 
     pension plan solely because the employers sponsoring the plan 
     share no common interest.
         ``(ii) For purposes of this subparagraph, the term 
     `qualified multiple employer plan' means a plan described in 
     section 413(c) of the Internal Revenue Code of 1986 which--
         ``(I) is an individual account plan with respect to which 
     the requirements of clauses (iii), (iv), and (v) are met, and
         ``(II) includes in its annual report required to be filed 
     under section 104(a) the name and identifying information of 
     each participating employer.
         ``(iii) The requirements of this clause are met if, under 
     the plan, each participating employer retains fiduciary 
     responsibility for--
         ``(I) the selection and monitoring of the named 
     fiduciary, and
         ``(II) the investment and management of the portion of 
     the plan's assets attributable to employees of the employer 
     to the extent not otherwise delegated to another fiduciary.
         ``(iv) The requirements of this clause are met if, under 
     the plan, a participating employer is not subject to 
     unreasonable restrictions, fees, or penalties by reason of 
     ceasing participation in, or otherwise transferring assets 
     from, the plan.
         ``(v) The requirements of this clause are met if each 
     participating employer in the plan is an eligible employer as 
     defined in section 408(p)(2)(C)(i) of the Internal Revenue 
     Code of 1986, applied--
         ``(I) by substituting `500' for `100' in subclause (I) 
     thereof,
         ``(II) by substituting `5' for `2' each place it appears 
     in subclause (II) thereof, and
         ``(III) without regard to the last sentence of subclause 
     (II) thereof.''.
         (2) Simplified reporting for small multiple employer 
     plans.--Section 104(a) of such Act (29 U.S.C. 1024(a)) is 
     amended by adding at the end the following:
         ``(7)(A) In the case of any eligible small multiple 
     employer plan, the Secretary may by regulation--
         ``(i) prescribe simplified summary plan descriptions, 
     annual reports, and pension benefit statements for purposes 
     of section 102, 103, or 105, respectively, and
         ``(ii) waive the requirement under section 103(a)(3) to 
     engage an independent qualified public accountant in cases 
     where the Secretary determines it appropriate.
         ``(B) For purposes of this paragraph, the term `eligible 
     small multiple employer plan' means, with respect to any plan 
     year--
         ``(i) a qualified multiple employer plan, as defined in 
     section 3(2)(C)(ii), or
         ``(ii) any other plan described in section 413(c) of the 
     Internal Revenue Code of 1986 that satisfies the requirements 
     of clause (v) of section 3(2)(C).''.
         (b) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 2014.

     SEC. 6. SECURE DEFERRAL ARRANGEMENTS.

         (a) In General.--Subsection (k) of section 401 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
         ``(14) Alternative method for secure deferral 
     arrangements to meet nondiscrimination requirements.--
         ``(A) In general.--A secure deferral arrangement shall be 
     treated as meeting the requirements of paragraph (3)(A)(ii).
         ``(B) Secure deferral arrangement.--For purposes of this 
     paragraph, the term `secure deferral arrangement' means any 
     cash or deferred arrangement which meets the requirements of 
     subparagraphs (C), (D), and (E) of paragraph (13), except as 
     modified by this paragraph.
         ``(C) Qualified percentage.--For purposes of this 
     paragraph, with respect to any employee, the term `qualified 
     percentage' means, in lieu of the meaning given such term in 
     paragraph (13)(C)(iii), any percentage determined under the 
     arrangement if such percentage is applied uniformly and is--
         ``(i) at least 6 percent, but not greater than 10 
     percent, during the period ending on the last day of the 
     first plan year which begins after the date on which the 
     first elective contribution described in paragraph (13)(C)(i) 
     is made with respect to such employee,
         ``(ii) at least 8 percent during the first plan year 
     following the plan year described in clause (i), and
         ``(iii) at least 10 percent during any subsequent plan 
     year.
         ``(D) Matching contributions.--
         ``(i) In general.--For purposes of this paragraph, an 
     arrangement shall be treated as having met the requirements 
     of paragraph (13)(D)(i) if and only if the employer makes 
     matching contributions on behalf of each employee who is not 
     a highly compensated employee in an amount equal to the sum 
     of--

[[Page 13068]]

         ``(I) 100 percent of the elective contributions of the 
     employee to the extent that such contributions do not exceed 
     1 percent of compensation,
         ``(II) 50 percent of so much of such contributions as 
     exceed 1 percent but do not exceed 6 percent of compensation, 
     plus
         ``(III) 25 percent of so much of such contributions as 
     exceed 6 percent but do not exceed 10 percent of 
     compensation.

         ``(ii) Application of rules for matching contributions.--
     The rules of clause (ii) of paragraph (12)(B) and clauses 
     (iii) and (iv) of paragraph (13)(D) shall apply for purposes 
     of clause (i) but the rule of clause (iii) of paragraph 
     (12)(B) shall not apply for such purposes. The rate of 
     matching contribution for each incremental deferral must be 
     at least as high as the rate specified in clause (i), and may 
     be higher, so long as such rate does not increase as an 
     employee's rate of elective contributions increases.''.
         (b) Matching Contributions and Employee Contributions.--
     Subsection (m) of section 401 of the Internal Revenue Code of 
     1986 is amended by redesignating paragraph (13) as paragraph 
     (14) and by inserting after paragraph (12) the following new 
     paragraph:
         ``(13) Alternative method for secure deferral 
     arrangements.--A defined contribution plan shall be treated 
     as meeting the requirements of paragraph (2) with respect to 
     matching contributions and employee contributions if the 
     plan--
         ``(A) is a secure deferral arrangement (as defined in 
     subsection (k)(14)),
         ``(B) meets the requirements of clauses (ii) and (iii) of 
     paragraph (11)(B), and
         ``(C) provides that matching contributions on behalf of 
     any employee may not be made with respect to an employee's 
     contributions or elective deferrals in excess of 10 percent 
     of the employee's compensation.''.
         (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2014.

     SEC. 7. CREDIT FOR EMPLOYERS WITH RESPECT TO MODIFIED SAFE 
                   HARBOR REQUIREMENTS.

         (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45S. CREDIT FOR SMALL EMPLOYERS WITH RESPECT TO 
                   MODIFIED SAFE HARBOR REQUIREMENTS FOR AUTOMATIC 
                   CONTRIBUTION ARRANGEMENTS.

         ``(a) General Rule.--For purposes of section 38, in the 
     case of a small employer, the safe harbor adoption credit 
     determined under this section for any taxable year is the 
     amount equal to the total of the employer's matching 
     contributions under section 401(k)(14)(D) during the taxable 
     year on behalf of employees who are not highly compensated 
     employees, subject to the limitations of subsection (b).
         ``(b) Limitations.--
         ``(1) Limitation with respect to compensation.--The 
     credit determined under subsection (a) with respect to 
     contributions made on behalf of an employee who is not a 
     highly compensated employee shall not exceed 2 percent of the 
     compensation of such employee for the taxable year.
         ``(2) Limitation with respect to years of 
     participation.--Credit shall be determined under subsection 
     (a) with respect to contributions made on behalf of an 
     employee who is not a highly compensated employee only during 
     the first 5 years such employee participates in the qualified 
     automatic contribution arrangement.
         ``(c) Definitions.--
         ``(1) In general.--Any term used in this section which is 
     also used in section 401(k)(14) shall have the same meaning 
     as when used in such section.
         ``(2) Small employer.--The term `small employer' means an 
     eligible employer (as defined in section 408(p)(2)(C)(i)).
         ``(d) Denial of Double Benefit.--No deduction shall be 
     allowable under this title for any contribution with respect 
     to which a credit is allowed under this section.''.
         (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended--
         (1) by striking ``plus'' at the end of paragraph (35),
         (2) by striking the period at the end of paragraph (36) 
     and inserting ``, plus'', and
         (3) by adding at the end the following new paragraph:
         ``(37) the safe harbor adoption credit determined under 
     section 45S.''.
         (c) Clerical Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by adding after the 
     item relating to section 45R the following new item:

``Sec. 45S. Credit for small employers with respect to modified safe 
              harbor requirements for automatic contribution 
              arrangements.''.

         (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years that include any portion of a 
     plan year beginning after December 31, 2014.

     SEC. 8. MODIFICATION OF REGULATIONS.

         The Secretary of the Treasury shall promulgate 
     regulations or other guidance that--
         (1) simplify and clarify the rules regarding the timing 
     of participant notices required under section 401(k)(13)(E) 
     of the Internal Revenue Code of 1986, with specific 
     application to--
         (A) plans that allow employees to be eligible for 
     participation immediately upon beginning employment, and
         (B) employers with multiple payroll and administrative 
     systems, and
         (2) simplify and clarify the automatic escalation rules 
     under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the 
     Internal Revenue Code of 1986 in the context of employers 
     with multiple payroll and administrative systems.

     Such regulations or guidance shall address the particular 
     case of employees within the same plan who are subject to 
     different notice timing and different percentage 
     requirements, and provide assistance for plan sponsors in 
     managing such cases.

     SEC. 9. OPPORTUNITY TO CLAIM THE SAVER'S CREDIT ON FORM 
                   1040EZ.

         The Secretary of the Treasury shall modify the forms for 
     the return of tax of individuals in order to allow 
     individuals claiming the credit under section 25B of the 
     Internal Revenue Code of 1986 to file (and claim such credit 
     on) Form 1040EZ.
                                 ______
                                 
  SA 3687. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 2569, to provide an incentive for businesses to 
bring jobs back to America; which was ordered to lie on the table; as 
follows:

         At the appropriate place, insert the following:

     SEC. __. DEFINITION OF FULL-TIME EMPLOYEE FOR CALENDAR YEAR 
                   2015.

         With respect to calendar year 2015, the Secretary of the 
     Treasury shall implement and enforce section 4980H(c) of the 
     Internal Revenue Code of 1986 as if--
         (1) in paragraph (2)(E), ``by 174'' is substituted for 
     ``by 120''; and
         (2) in paragraph (4)(A), ``40 hours'' is substituted for 
     ``30 hours''.
                                 ______
                                 
  SA 3688. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVIII--EMBASSY SECURITY AND FOREIGN ASSISTANCE AND ARMS EXPORT 
                              AUTHORITIES

     SEC. 1801. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this title, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.

                      Subtitle A--Embassy Security

     SEC. 1811. SHORT TITLE.

       This subtitle may be cited as the ``Chris Stevens, Sean 
     Smith, Tyrone Woods, and Glen Doherty Embassy Security, 
     Threat Mitigation, and Personnel Protection Act of 2014''.

     SEC. 1812. DEFINITIONS.

       In this subtitle:
       (1) Facilities.--The term ``facilities'' includes 
     embassies, consulates, expeditionary diplomatic facilities, 
     and any other diplomatic facility outside of the United 
     States, including facilities intended for temporary use.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

          PART I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY

     SEC. 1816. CAPITAL SECURITY COST SHARING PROGRAM.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of State $1,356,000,000 
     for fiscal year 2015, which shall remain available until 
     expended, for the Capital Security Cost Sharing Program, 
     authorized under section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (title VI of 
     division A of H.R. 3427, as enacted into law by section 
     1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-453; 22 
     U.S.C. 4865 note).
       (b) Sense of Congress on the Capital Security Cost Sharing 
     Program.--It is the sense of Congress that--
       (1) the Capital Security Cost Sharing Program should 
     prioritize the construction of new facilities and the 
     maintenance of existing facilities in high threat, high risk 
     areas in addition to addressing immediate threat mitigation 
     as set forth in section 1817, and should take into 
     consideration the priorities of other government agencies 
     that are contributing to the Capital Security Cost Sharing 
     Program when replacing or upgrading diplomatic facilities; 
     and
       (2) all United States Government agencies are required to 
     pay into the Capital Security Cost Sharing Program a 
     percentage of total costs determined by interagency 
     agreements, in order to address immediate threat mitigation 
     needs and increase funds for the

[[Page 13069]]

     Capital Security Cost Sharing Program for fiscal year 2015, 
     including to address inflation and increased construction 
     costs.
       (c) Restriction on Construction of Office Space.--Section 
     604(e)(2) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (title VI of division A of H.R. 
     3427, as enacted into law by section 1000(a)(7) of Public Law 
     106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note) is amended 
     by adding at the end the following: ``A project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary determines that 
     such department or agency has not provided to the Department 
     of State the full amount of funding required by paragraph 
     (1), except that such project may include office space or 
     other accommodations for members of the United States Marine 
     Corps.''.

     SEC. 1817. IMMEDIATE THREAT MITIGATION.

       (a) Allocation of Authorized Appropriations.--In addition 
     to any amounts otherwise made available for such purposes, 
     the Department of State shall, notwithstanding any other 
     provision of law except as provided in subsection (d), use up 
     to $300,000,000 of the funding provided in section 1816 for 
     immediate threat mitigation projects, with priority given to 
     facilities determined to be ``high threat, high risk'' 
     pursuant to section 1837.
       (b) Allocation of Funding.--In allocating funding for 
     threat mitigation projects, the Secretary shall prioritize 
     funding for--
       (1) the construction of safeguards that provide immediate 
     security benefits;
       (2) the purchasing of additional security equipment, 
     including additional defensive weaponry;
       (3) the paying of expenses of additional security forces, 
     with an emphasis on funding United States security forces 
     where practicable; and
       (4) any other purposes necessary to mitigate immediate 
     threats to United States personnel serving overseas.
       (c) Transfer.--The Secretary may transfer and merge funds 
     authorized under subsection (a) to any appropriation account 
     of the Department of State for the purpose of carrying out 
     the threat mitigation projects described in subsection (b).
       (d) Use of Funds for Other Purposes.--Notwithstanding the 
     allocation requirement under subsection (a), funds subject to 
     such requirement may be used for other authorized purposes of 
     the Capital Security Cost Sharing Program if, not later than 
     15 days prior to such use, the Secretary certifies in writing 
     to the appropriate congressional committees that--
       (1) high threat, high risk facilities are being secured to 
     the best of the United States Government's ability; and
       (2) the Secretary will make funds available from the 
     Capital Security Cost Sharing Program or other sources to 
     address any changed security threats or risks, or new or 
     emergent security needs, including immediate threat 
     mitigation.

     SEC. 1818. LANGUAGE TRAINING.

       (a) In General.--Title IV of the Omnibus Diplomatic 
     Security and Antiterrorism Act of 1986 (22 U.S.C. 4851 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY 
                   PERSONNEL ASSIGNED TO HIGH THREAT, HIGH RISK 
                   POSTS.

       ``(a) In General.--Diplomatic security personnel assigned 
     permanently to, or who are serving in, long-term temporary 
     duty status as designated by the Secretary of State at a high 
     threat, high risk post should receive language training 
     described in subsection (b) in order to prepare such 
     personnel for duty requirements at such post.
       ``(b) Language Training Described.--Language training 
     referred to in subsection (a) should prepare personnel 
     described in such subsection--
       ``(1) to speak the language at issue with sufficient 
     structural accuracy and vocabulary to participate effectively 
     in most formal and informal conversations on subjects germane 
     to security; and
       ``(2) to read within an adequate range of speed and with 
     almost complete comprehension on subjects germane to 
     security.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 annually for fiscal years 2015 
     and 2016 to carry out this section.
       (c) Inspector General Review.--The Inspector General of the 
     Department of State and Broadcasting Board of Governors 
     shall, at the end of fiscal years 2015 and 2016, review the 
     language training conducted pursuant to this section and make 
     the results of such reviews available to the Secretary and 
     the appropriate congressional committees.

     SEC. 1819. FOREIGN AFFAIRS SECURITY TRAINING.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) Department of State employees and their families 
     deserve improved and efficient programs and facilities for 
     high threat training and training on risk management decision 
     processes;
       (2) improved and efficient high threat, high risk training 
     is consistent with the Benghazi Accountability Review Board 
     (ARB) recommendation number 17;
       (3) improved and efficient security training should take 
     advantage of training synergies that already exist, like 
     training with, or in close proximity to, Fleet Antiterrorism 
     Security Teams (FAST), special operations forces, or other 
     appropriate military and security assets; and
       (4) the Secretary should undertake temporary measures, 
     including leveraging the availability of existing government 
     and private sector training facilities, to the extent 
     appropriate to meet the critical security training 
     requirements of the Department of State.
       (b) Authorization of Appropriations for Immediate Security 
     Training for High Threat, High Risk Environments.--There is 
     authorized to be appropriated for the Department of State 
     $100,000,000 for improved immediate security training for 
     high threat, high risk security environments, including 
     through the utilization of government or private sector 
     facilities to meet critical security training requirements.
       (c) Additional Authorization of Appropriations for Long-
     term Security Training for High Threat, High Risk 
     Environments.--
       (1) In general.--There is authorized to be appropriated 
     $350,000,000 for the acquisition, construction, and operation 
     of a new Foreign Affairs Security Training Center or 
     expanding existing government training facilities, subject to 
     the certification requirement in paragraph (2).
       (2) Required certification.--Not later than 15 days prior 
     to the obligation or expenditure of any funds authorized to 
     be appropriated pursuant to paragraph (1), the President 
     shall certify to the appropriate congressional committees 
     that the acquisition, construction, and operation of a new 
     Foreign Affairs Security Training Center, or the expansion of 
     existing government training facilities, is necessary to meet 
     long-term security training requirements for high threat, 
     high risk environments.
       (3) Effect of certification.--If the certification in 
     paragraph (2) is made--
       (A) up to $100,000,000 of the funds authorized to be 
     appropriated under subsection (b) shall also be authorized 
     for the purposes set forth in paragraph (1); or
       (B) up to $100,000,000 of funds available for the 
     acquisition, construction, or operation of Department of 
     State facilities may be transferred and used for the purposes 
     set forth in paragraph (1).

     SEC. 1820. TRANSFER AUTHORITY.

       Section 4 of the Foreign Service Buildings Act of 1926 (22 
     U.S.C. 295) is amended by adding at the end the following:
       ``(j)(1) In addition to exercising any other transfer 
     authority available to the Secretary of State, and subject to 
     subsection (k), the Secretary may transfer to, and merge 
     with, any appropriation for embassy security, construction, 
     and maintenance such amounts appropriated for any other 
     purpose related to diplomatic and consular programs on or 
     after October 1, 2014, as the Secretary determines are 
     necessary to provide for the security of sites and buildings 
     in foreign countries under the jurisdiction and control of 
     the Secretary.
       ``(2) Any funds transferred under the authority provided in 
     paragraph (1) shall be merged with funds in the heading to 
     which transferred, and shall be available subject to the same 
     terms and conditions as the funds with which merged.
       ``(k) Not later than 15 days before any transfer of funds 
     under subsection (j), the Secretary shall notify the 
     Committees on Foreign Relations and Appropriations of the 
     Senate and the Committees on Foreign Affairs and 
     Appropriations of the House of Representatives.''.

                 PART II--CONTRACTING AND OTHER MATTERS

     SEC. 1821. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC 
                   SECURITY PROGRAM.

       (a) In General.--Section 136(c)(3) of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
     4864(c)(3)) is amended to read as follows:
       ``(3) in evaluating proposals for such contracts, award 
     contracts to technically acceptable firms offering the lowest 
     evaluated price, except that--
       ``(A) the Secretary may award contracts on the basis of 
     best value (as determined by a cost-technical tradeoff 
     analysis); and
       ``(B) proposals received from United States persons and 
     qualified United States joint venture persons shall be 
     evaluated by reducing the bid price by 10 percent;''.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that includes--
       (1) an explanation of the implementation of paragraph (3) 
     of section 136(c) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991, as amended by subsection (a); and
       (2) for each instance in which an award is made pursuant to 
     subparagraph (A) of such paragraph, as so amended, a written 
     justification and approval, providing the basis for such 
     award and an explanation of the inability to satisfy the 
     needs of the Department of State by technically acceptable, 
     lowest price evaluation award.

[[Page 13070]]



     SEC. 1822. DISCIPLINARY ACTION RESULTING FROM UNSATISFACTORY 
                   LEADERSHIP IN RELATION TO A SECURITY INCIDENT.

       Section 304(c) of the Diplomatic Security Act (22 U.S.C. 
     4834 (c)) is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and moving 
     such subparagraphs, as so redesignated, 2 ems to the right;
       (2) by striking ``recommendations'' and inserting the 
     following: ``recommendations.--
       ``(1) In general.--Whenever''; and
       (3) by inserting at the end the following:
       ``(2) Certain security incidents.--Unsatisfactory 
     leadership by a senior official with respect to a security 
     incident involving loss of life, serious injury, or 
     significant destruction of property at or related to a United 
     States Government mission abroad may be grounds for 
     disciplinary action. If a Board finds reasonable cause to 
     believe that a senior official provided such unsatisfactory 
     leadership, the Board may recommend disciplinary action 
     subject to the procedures in paragraph (1).''.

     SEC. 1823. MANAGEMENT AND STAFF ACCOUNTABILITY.

       (a) Authority of Secretary of State.--Nothing in this 
     subtitle or any other provision of law may be construed to 
     prevent the Secretary from using all authorities invested in 
     the office of Secretary to take personnel action against any 
     employee or official of the Department of State that the 
     Secretary determines has breached the duty of that individual 
     or has engaged in misconduct or unsatisfactorily performed 
     the duties of employment of that individual, and such 
     misconduct or unsatisfactory performance has significantly 
     contributed to the serious injury, loss of life, or 
     significant destruction of property, or a serious breach of 
     security, even if such action is the subject of an 
     Accountability Review Board's examination under section 
     304(a) of the Diplomatic Security Act (22 U.S.C. 4834(a)).
       (b) Accountability.--Section 304 of the Diplomatic Security 
     Act (22 U.S.C. 4834) is amended--
       (1) in subsection (c), by inserting ``or has engaged in 
     misconduct or unsatisfactorily performed the duties of 
     employment of that individual, and such misconduct or 
     unsatisfactory performance has significantly contributed to 
     the serious injury, loss of life, or significant destruction 
     of property, or the serious breach of security that is the 
     subject of the Board's examination as described in subsection 
     (a),'' after ``breached the duty of that individual'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Management Accountability.--If a Board determines 
     that an individual has engaged in any conduct addressed in 
     subsection (c), the Board shall evaluate the level and 
     effectiveness of management and oversight conducted by 
     employees or officials in the management chain of such 
     individual.''.

     SEC. 1824. SECURITY ENHANCEMENTS FOR SOFT TARGETS.

       Section 29 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2701) is amended in the third sentence by 
     inserting ``physical security enhancements and'' after ``Such 
     assistance may include''.

     SEC. 1825. REEMPLOYMENT OF ANNUITANTS.

       Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) is amended--
       (1) in paragraph (1)(B), by striking ``to facilitate the'' 
     and all that follows through ``Afghanistan, if'' and 
     inserting ``to facilitate the assignment of persons to high 
     threat, high risk posts or to posts vacated by members of the 
     Service assigned to high threat, high risk posts, if'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) The Secretary shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a report on the 
     incurred costs over the prior fiscal year of the total 
     compensation and benefit payments to annuitants reemployed by 
     the Department pursuant to this section.''; and
       (3) by adding after paragraph (3) the following:
       ``(4) In the event that an annuitant qualified for 
     compensation or payments pursuant to this subsection 
     subsequently transfers to a position for which the annuitant 
     would not qualify for a waiver under this subsection, the 
     Secretary may no longer waive the application of subsections 
     (a) through (d) with respect to such annuitant.
       ``(5) The authority of the Secretary to waive the 
     application of subsections (a) through (d) for an annuitant 
     pursuant to this subsection shall terminate on October 1, 
     2019.''.

   PART III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT 
                                PROGRAM

     SEC. 1831. MARINE CORPS SECURITY GUARD PROGRAM.

       (a) In General.--Pursuant to the responsibility of the 
     Secretary for diplomatic security under section 103 of the 
     Diplomatic Security Act (22 U.S.C. 4802), the Secretary, in 
     coordination with the Secretary of Defense, shall--
       (1) develop and implement a plan to incorporate the 
     additional Marine Corps Security Guard personnel authorized 
     under section 404 of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 5983 
     note) at United States embassies, consulates, and other 
     facilities; and
       (2) conduct an annual review of the Marine Corps Security 
     Guard Program, including--
       (A) an evaluation of whether the size and composition of 
     the Marine Corps Security Guard Program is adequate to meet 
     global diplomatic security requirements;
       (B) an assessment of whether Marine Corps security guards 
     are appropriately deployed among facilities to respond to 
     evolving security developments and potential threats to 
     United States interests abroad; and
       (C) an assessment of the mission objectives of the Marine 
     Corps Security Guard Program and the procedural rules of 
     engagement to protect diplomatic personnel under the Program.
       (b) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter for 3 years, the Secretary, in coordination with 
     the Secretary of Defense, shall submit to the appropriate 
     congressional committees an unclassified report, with a 
     classified annex as necessary, that addresses the 
     requirements set forth in subsection (a)(2).

 PART IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW 
                         BOARD RECOMMENDATIONS

     SEC. 1836. DEPARTMENT OF STATE IMPLEMENTATION OF THE 
                   RECOMMENDATIONS PROVIDED BY THE ACCOUNTABILITY 
                   REVIEW BOARD CONVENED AFTER THE SEPTEMBER 11-
                   12, 2012, ATTACKS ON UNITED STATES GOVERNMENT 
                   PERSONNEL IN BENGHAZI, LIBYA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate congressional committees an unclassified 
     report, with a classified annex, on the implementation by the 
     Department of State of the recommendations of the 
     Accountability Review Board convened pursuant to title III of 
     the Omnibus Diplomatic and Antiterrorism Act of 1986 (22 
     U.S.C. 4831 et seq.) to examine the facts and circumstances 
     surrounding the September 11-12, 2012, killings of 4 United 
     States Government personnel in Benghazi, Libya.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) an assessment of the overall state of the Department of 
     State's diplomatic security to respond to the evolving global 
     threat environment, and the broader steps the Department of 
     State is taking to improve the security of United States 
     diplomatic personnel in the aftermath of the Accountability 
     Review Board Report;
       (2) a description of the specific steps taken by the 
     Department of State to address each of the 29 recommendations 
     contained in the Accountability Review Board Report, 
     including--
       (A) an assessment of whether implementation of each 
     recommendation is ``complete'' or is still ``in progress''; 
     and
       (B) if the Secretary determines not to fully implement any 
     of the 29 recommendations in the Accountability Review Board 
     Report, a thorough explanation as to why such a decision was 
     made; and
       (3) an enumeration and assessment of any significant 
     challenges that have slowed or interfered with the Department 
     of State's implementation of the Accountability Review Board 
     recommendations, including--
       (A) a lack of funding or resources made available to the 
     Department of State;
       (B) restrictions imposed by current law that in the 
     Secretary's judgment should be amended; and
       (C) difficulties caused by a lack of coordination between 
     the Department of State and other United States Government 
     agencies.

     SEC. 1837. DESIGNATION AND REPORTING FOR HIGH THREAT, HIGH 
                   RISK FACILITIES.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary, in consultation with the Director of National 
     Intelligence and the Secretary of Defense, shall submit to 
     the Committee on Foreign Relations of the Senate, the Select 
     Committee on Intelligence of the Senate, the Committee on 
     Armed Services of the Senate, Committee on Foreign Affairs of 
     the House of Representatives, the Permanent Select Committee 
     on Intelligence of the House of Representatives, and the 
     Committee on Armed Services of the House of Representatives a 
     classified report, with an unclassified summary, evaluating 
     Department of State facilities that the Secretary determines 
     to be ``high threat, high risk'' in accordance with 
     subsection (c).
       (b) Content.--For each facility determined to be ``high 
     threat, high risk'' pursuant to subsection (a), the report 
     submitted under such subsection shall also include--
       (1) a narrative assessment describing the security threats 
     and risks facing posts overseas and the overall threat level 
     to United States personnel under chief of mission authority;
       (2) the number of diplomatic security personnel, Marine 
     Corps security guards, and other Department of State 
     personnel dedicated to providing security for United States 
     personnel, information, and facilities;

[[Page 13071]]

       (3) an assessment of host nation willingness and capability 
     to provide protection in the event of a security threat or 
     incident, pursuant to the obligations of the United States 
     under the Vienna Convention on Consular Relations, done at 
     Vienna April 24, 1963, and the 1961 Vienna Convention on 
     Diplomatic Relations, done at Vienna April 18, 1961;
       (4) an assessment of the quality and experience level of 
     the team of United States senior security personnel assigned 
     to the facility, considering collectively the assignment 
     durations and lengths of government experience;
       (5) the number of Foreign Service Officers who have 
     received Foreign Affairs Counter Threat training;
       (6) a summary of the requests made during the previous 
     calendar year for additional resources, equipment, or 
     personnel related to the security of the facility and the 
     status of such requests;
       (7) an assessment of the ability of United States personnel 
     to respond to and survive a fire attack, including--
       (A) whether the facility has adequate fire safety and 
     security equipment for safe havens and safe areas; and
       (B) whether the employees working at the facility have been 
     adequately trained on the equipment available;
       (8) for each new facility that is opened, a detailed 
     description of the steps taken to provide security for the 
     new facility, including whether a dedicated support cell was 
     established in the Department of State to ensure proper and 
     timely resourcing of security; and
       (9) a listing of any ``high-threat, high-risk'' facilities 
     where the Department of State and other government agencies' 
     facilities are not collocated including--
       (A) a rationale for the lack of collocation; and
       (B) a description of what steps, if any, are being taken to 
     mitigate potential security vulnerabilities associated with 
     the lack of collocation.
       (c) Determination of High Threat, High Risk Facility.--In 
     determining what facilities constitute ``high threat, high 
     risk facilities'' under this section, the Secretary shall 
     take into account with respect to each facility whether there 
     are--
       (1) high to critical levels of political violence or 
     terrorism;
       (2) national or local governments with inadequate capacity 
     or political will to provide appropriate protection; and
       (3) in locations where there are high to critical levels of 
     political violence or terrorism or national or local 
     governments lack the capacity or political will to provide 
     appropriate protection--
       (A) mission physical security platforms that fall well 
     below the Department of State's established standards; or
       (B) security personnel levels that are insufficient for the 
     circumstances.
       (d) Inspector General Review and Report.--The Inspector 
     General for the Department of State and the Broadcasting 
     Board of Governors shall, on an annual basis--
       (1) review the determinations of the Department of State 
     with respect to high threat, high risk facilities, including 
     the basis for making such determinations;
       (2) review contingency planning for high threat, high risk 
     facilities and evaluate the measures in place to respond to 
     attacks on such facilities;
       (3) review the risk mitigation measures in place at high 
     threat, high risk facilities to determine how the Department 
     of State evaluates risk and whether the measures put in place 
     sufficiently address the relevant risks;
       (4) review early warning systems in place at high threat, 
     high risk facilities and evaluate the measures being taken to 
     preempt and disrupt threats to such facilities; and
       (5) provide to the appropriate congressional committees an 
     assessment of the determinations of the Department of State 
     with respect to high threat, high risk facilities, including 
     recommendations for additions or changes to the list of such 
     facilities, and a report regarding the reviews and 
     evaluations undertaken pursuant to paragraphs (1) through (4) 
     and this paragraph.

     SEC. 1838. DESIGNATION AND REPORTING FOR HIGH-RISK 
                   COUNTERINTELLIGENCE THREAT POSTS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, in 
     conjunction with appropriate officials in the intelligence 
     community and the Secretary of Defense, shall submit to the 
     appropriate committees of Congress a report assessing the 
     counterintelligence threat to United States diplomatic 
     facilities in Priority 1 Counterintelligence Threat Nations, 
     including--
       (1) an assessment of the use of locally employed staff and 
     guard forces and a listing of diplomatic facilities in 
     Priority 1 Counterintelligence Threat Nations without 
     controlled access areas; and
       (2) recommendations for mitigating any counterintelligence 
     threats and for any necessary facility upgrades, including 
     costs assessment of any recommended mitigation or upgrades so 
     recommended.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Select Committee on Intelligence of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives
       (G) the Committee on Armed Services of the House of 
     Representatives; and
       (H) the Committee on Appropriations of the House of 
     Representatives.
       (2) Priority 1 counterintelligence threat nation.--The term 
     ``Priority 1 Counterintelligence Threat Nation'' means a 
     country designated as such by the October 2012 National 
     Intelligence Priorities Framework (NIPF).

     SEC. 1839. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF 
                   BENGHAZI ACCOUNTABILITY REVIEW BOARD 
                   RECOMMENDATIONS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the appropriate 
     congressional committees on the progress of the Department of 
     State in implementing the recommendations of the Benghazi 
     Accountability Review Board.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an assessment of the progress the Department of State 
     has made in implementing each specific recommendation of the 
     Accountability Review Board; and
       (2) a description of any impediments to recommended 
     reforms, such as budget constraints, bureaucratic obstacles 
     within the Department or in the broader interagency 
     community, or limitations under current law.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.

     SEC. 1840. SECURITY ENVIRONMENT THREAT LIST BRIEFINGS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and upon each subsequent update of 
     the Security Environment Threat List (referred to in this 
     section as the ``SETL''), the Bureau of Diplomatic Security 
     shall provide classified briefings to the appropriate 
     congressional committees on the SETL.
       (b) Content.--The briefings required under subsection (a) 
     shall include--
       (1) an overview of the SETL; and
       (2) a summary assessment of the security posture of those 
     facilities where the SETL assesses the threat environment to 
     be most acute, including factors that informed such 
     assessment.

                  PART V--ACCOUNTABILITY REVIEW BOARDS

     SEC. 1841. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Accountability Review Board mechanism outlined in 
     section 302 of the Omnibus Diplomatic Security and 
     Antiterrorism Act (22 U.S.C. 4832) is an effective tool to 
     collect information about and evaluate adverse incidents that 
     occur in a world that is increasingly complex and dangerous 
     for United States diplomatic personnel; and
       (2) the Accountability Review Board should provide 
     information and analysis that will assist the Secretary, the 
     President, and Congress in determining what contributed to an 
     adverse incident as well as what new measures are necessary 
     in order to prevent the recurrence of such incidents.

     SEC. 1842. PROVISION OF COPIES OF ACCOUNTABILITY REVIEW BOARD 
                   REPORTS TO CONGRESS.

       Not later than 2 days after an Accountability Review Board 
     provides its report to the Secretary in accordance with title 
     III of the Omnibus Diplomatic and Antiterrorism Act of 1986 
     (22 U.S.C. 4831 et seq.), the Secretary shall provide copies 
     of the report to the appropriate congressional committees for 
     retention and review by those committees.

     SEC. 1843. CHANGES TO EXISTING LAW.

       (a) Membership.--Section 302(a) of the Omnibus Diplomatic 
     Security and Antiterrorism Act of 1986 (22 U.S.C. 4832(a)) is 
     amended by inserting ``1 of which shall be a former Senate-
     confirmed Inspector General of a Federal department or 
     agency,'' after ``4 appointed by the Secretary of State,''.
       (b) Staff.--Section 302(b)(2) of the Omnibus Diplomatic 
     Security and Antiterrorism Act of 1986 (22 U.S.C. 4832(b)(2)) 
     is amended by adding at the end the following: ``Such persons 
     shall be drawn from bureaus or other agency subunits that are 
     not impacted by the incident that is the subject of the 
     Board's review.''.

                         PART VI--OTHER MATTERS

     SEC. 1845. ENHANCED QUALIFICATIONS FOR DEPUTY ASSISTANT 
                   SECRETARY OF STATE FOR HIGH THREAT, HIGH RISK 
                   POSTS.

       The Omnibus Diplomatic Security and Antiterrorism Act of 
     1986 is amended by inserting after section 206 (22 U.S.C. 
     4824) the following:

[[Page 13072]]



     ``SEC. 207. DEPUTY ASSISTANT SECRETARY OF STATE FOR HIGH 
                   THREAT, HIGH RISK POSTS.

       ``The individual serving as Deputy Assistant Secretary of 
     State for High Threat, High Risk Posts shall have 1 or more 
     of the following qualifications:
       ``(1) Service during the last 6 years at 1 or more posts 
     designated as High Threat, High Risk by the Department of 
     State at the time of service.
       ``(2) Previous service as the office director or deputy 
     director of 1 or more of the following Department of State 
     offices or successor entities carrying out substantively 
     equivalent functions:
       ``(A) The Office of Mobile Security Deployments.
       ``(B) The Office of Special Programs and Coordination.
       ``(C) The Office of Overseas Protective Operations.
       ``(D) The Office of Physical Security Programs.
       ``(E) The Office of Intelligence and Threat Analysis.
       ``(3) Previous service as the Regional Security Officer at 
     2 or more overseas posts.
       ``(4) Other government or private sector experience 
     substantially equivalent to service in the positions listed 
     in paragraphs (1) through (3).''.

      Subtitle B--Naval Vessel Transfers and Security Enhancement

     SEC. 1851. SHORT TITLE.

       This subtitle may be cited as the ``Naval Vessel Transfer 
     and Security Enhancement Act of 2014''.

     SEC. 1852. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfer by Grant to Government of Mexico.--The 
     President is authorized to transfer to the Government of 
     Mexico on a grant basis under section 516 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j) the OLIVER HAZARD 
     PERRY class guided missile frigates USS CURTS (FFG-38) and 
     USS MCCLUSKY (FFG-41).
       (b) Transfer by Sale to the Taipei Economic and Cultural 
     Representative Office in the United States.--The President is 
     authorized to transfer the OLIVER HAZARD PERRY class guided 
     missile frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS 
     CARR (FFG-52), and USS ELROD (FFG-55) to the Taipei Economic 
     and Cultural Representative Office in the United States 
     (which is the Taiwan instrumentality designated pursuant to 
     section 10(a) of the Taiwan Relations Act (22 U.S.C. 
     3309(a))) on a sale basis under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761).
       (c) Alternative Transfer Authority.--Notwithstanding the 
     authority provided in subsections (a), (b), and (c) to 
     transfer specific vessels to specific countries, the 
     President is authorized to transfer any vessel named in this 
     title to any country named in this section, subject to the 
     same conditions that would apply for such country under this 
     section, such that the total number of vessels transferred to 
     such country does not exceed the total number of vessels 
     authorized for transfer to such country by this section.
       (d) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis pursuant to authority 
     provided by subsection (a) or (c) shall not be counted 
     against the aggregate value of excess defense articles 
     transferred in any fiscal year under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
       (e) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient notwithstanding 
     section 516(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)).
       (f) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that recipient, performed at a shipyard located in the United 
     States.
       (g) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.

     SEC. 1853. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF 
                   EXCESS DEFENSE ARTICLES.

       Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(g)(1)) is amended by striking ``$425,000,000'' 
     and inserting ``$500,000,000''.

     SEC. 1854. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT 
                   TRAINING LOCATIONS IN SOUTHWEST ASIA.

       Section 544(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2347c(c)) is amended by adding at the end the 
     following new paragraph:
       ``(4) The President shall report to the appropriate 
     congressional committees (as defined in section 656(e)) 
     annually on the activities undertaken in the programs 
     authorized under this subsection.''.

     Subtitle C--Amendments to Arms Export Control Act to Enhance 
                        Congressional Oversight

     SEC. 1861. ENHANCED CONGRESSIONAL OVERSIGHT OF FOREIGN 
                   MILITARY SALES.

       Section 36 of the Arms Export Control Act (22 U.S.C. 2776) 
     is amended by adding at the end the following new subsection:
       ``(i) Prior Notification of Shipment of Arms.--At least 30 
     days prior to a shipment of defense articles subject to the 
     requirements of subsection (b) at the joint request of the 
     Chairman and Ranking Member of the Committee on Foreign 
     Relations of the Senate or the Committee on Foreign Affairs 
     of the House of Representatives, the Secretary of State shall 
     provide notification of such pending shipment, in 
     unclassified form, with a classified annex as necessary, to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives.''.

     SEC. 1862. LICENSING OF CERTAIN COMMERCE-CONTROLLED ITEMS.

       Section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
     is amended by adding at the end the following new subsection:
       ``(k) Licensing of Certain Commerce-Controlled Items.--
       ``(1) In general.--A license or other approval from the 
     Department of State granted in accordance with this section 
     may also authorize the export of items subject to the Export 
     Administration Regulations if such items are to be used in or 
     with defense articles controlled on the United States 
     Munitions List.
       ``(2) Other requirements.--The following requirements shall 
     apply with respect to a license or other approval to 
     authorize the export of items subject to the Export 
     Administration Regulations under paragraph (1):
       ``(A) Separate approval from the Department of Commerce 
     shall not be required for such items if such items are 
     approved for export under a Department of State license or 
     other approval.
       ``(B) Such items subject to the Export Administration 
     Regulations that are exported pursuant to a Department of 
     State license or other approval would remain under the 
     jurisdiction of the Department of Commerce with respect to 
     any subsequent transactions.
       ``(C) The inclusion of the term `subject to the EAR' or any 
     similar term on a Department of State license or approval 
     shall not affect the jurisdiction with respect to such items.
       ``(3) Definition.--In this subsection, the term `Export 
     Administration Regulations' means--
       ``(A) the Export Administration Regulations as maintained 
     and amended under the authority of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
       ``(B) any successor regulations.''.

     SEC. 1863. AMENDMENTS RELATING TO REMOVAL OF MAJOR DEFENSE 
                   EQUIPMENT FROM UNITED STATES MUNITIONS LIST.

       (a) Requirements for Removal of Major Defense Equipment 
     From United States Munitions List.--Section 38(f) of the Arms 
     Export Control Act (22 U.S.C. 2778(f)) is amended by adding 
     at the end the following:
       ``(5)(A) Except as provided in subparagraph (B), the 
     President shall take such actions as may be necessary to 
     require that, at the time of export or reexport of any major 
     defense equipment listed on the 600 series of the Commerce 
     Control List contained in Supplement No. 1 to part 774 of 
     subtitle B of title 15, Code of Federal Regulations, the 
     major defense equipment will not be subsequently modified so 
     as to transform such major defense equipment into a defense 
     article.
       ``(B) The President may authorize the transformation of any 
     major defense equipment described in subparagraph (A) into a 
     defense article if the President--
       ``(i) determines that such transformation is appropriate 
     and in the national interests of the United States; and
       ``(ii) provides notice of such transformation to the 
     chairman of the Committee on Foreign Affairs of the House of 
     Representatives and the chairman of the Committee on Foreign 
     Relations of the Senate consistent with the notification 
     requirements of section 36(b)(5)(A) of this Act.
       ``(C) In this paragraph, the term `defense article' means 
     an item designated by the President pursuant to subsection 
     (a)(1).''.
       (b) Notification and Reporting Requirements for Major 
     Defense Equipment Removed From United States Munitions 
     List.--Section 38(f) of the Arms Export Control Act (22 
     U.S.C. 2778(f)), as amended by this section, is further 
     amended by adding at the end the following:
       ``(6) The President shall ensure that any major defense 
     equipment that is listed on the 600 series of the Commerce 
     Control List contained in Supplement No. 1 to part 774 of 
     subtitle B of title 15, Code of Federal Regulations, shall 
     continue to be subject to the notification and reporting 
     requirements of the following provisions of law:
       ``(A) Section 516(f) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321j(f)).
       ``(B) Section 655 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2415).
       ``(C) Section 3(d)(3)(A) of this Act.
       ``(D) Section 25 of this Act.
       ``(E) Section 36(b), (c), and (d) of this Act.''.

[[Page 13073]]



     SEC. 1864. AMENDMENT TO DEFINITION OF ``SECURITY ASSISTANCE'' 
                   UNDER THE FOREIGN ASSISTANCE ACT OF 1961.

       Section 502B(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304(d)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end; and
       (2) by amending paragraph (2)(C) to read as follows:
       ``(C) any license in effect with respect to the export to 
     or for the armed forces, police, intelligence, or other 
     internal security forces of a foreign country of--
       ``(i) defense articles or defense services under section 38 
     of the Armed Export Control Act (22 U.S.C. 2778); or
       ``(ii) items listed under the 600 series of the Commerce 
     Control List contained in Supplement No. 1 to part 774 of 
     subtitle B of title 15, Code of Federal Regulations;''.

     SEC. 1865. AMENDMENTS TO DEFINITIONS OF ``DEFENSE ARTICLE'' 
                   AND ``DEFENSE SERVICE'' UNDER THE ARMS EXPORT 
                   CONTROL ACT.

       Section 47 of the Arms Export Control Act (22 U.S.C. 2794) 
     is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (3), by striking ``includes'' and inserting ``means, with 
     respect to a sale or transfer by the United States under the 
     authority of this Act or any other foreign assistance or 
     sales program of the United States''; and
       (2) in paragraph (4), by striking ``includes'' and 
     inserting ``means, with respect to a sale or transfer by the 
     United States under the authority of this Act or any other 
     foreign assistance or sales program of the United States,''.

     SEC. 1866. TECHNICAL AMENDMENTS.

       (a) In General.--The Arms Export Control Act (22 U.S.C. 
     2751 et seq.) is amended--
       (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 
     21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 
     38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by 
     striking ``the Speaker of the House of Representatives and'' 
     each place it appears and inserting ``the Speaker of the 
     House of Representatives, the Committee on Foreign Affairs of 
     the House of Representatives, and'';
       (2) in section 21(i)(1) by inserting after ``the Speaker of 
     the House of Representatives'' the following ``, the 
     Committees on Foreign Affairs and Armed Services of the House 
     of Representatives,'';
       (3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), 
     by striking ``International Relations'' each place it appears 
     and inserting ``Foreign Affairs'';
       (4) in sections 27(f) and 62(a), by inserting after ``the 
     Speaker of the House of Representatives,'' each place it 
     appears the following: ``the Committee on Foreign Affairs of 
     the House of Representatives,''; and
       (5) in section 73(e)(2), by striking ``the Committee on 
     National Security and the Committee on International 
     Relations of the House of Representatives'' and inserting 
     ``the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives''.
       (b) Other Technical Amendments.--
       (1) Arms export control act.--The Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), as amended by subsection (a), is 
     further amended--
       (A) in section 38--
       (i) in subsection (b)(1), by redesignating the second 
     subparagraph (B) (as added by section 1255(b) of the Foreign 
     Relations Authorization Act, Fiscal Years 1988 and 1989 
     (Public Law 100-204; 101 Stat. 1431)) as subparagraph (C);
       (ii) in subsection (g)(1)(A)--

       (I) in clause (xi), by striking ``; or'' and inserting ``, 
     or''; and
       (II) in clause (xii)--

       (aa) by striking ``section'' and inserting ``sections''; 
     and
       (bb) by striking ``(18 U.S.C. 175b)'' and inserting ``(18 
     U.S.C. 175c)''; and
       (iii) in subsection (j)(2), in the matter preceding 
     subparagraph (A), by inserting ``in'' after ``to''; and
       (B) in section 47(2), in the matter preceding subparagraph 
     (A), by striking ``sec. 21(a),,'' and inserting ``section 
     21(a),''.
       (2) Foreign assistance act of 1961.--Section 502B of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended--
       (A) in subsection (b), by striking ``Wherever applicable, a 
     description'' and inserting ``Wherever applicable, such 
     report shall include a description''; and
       (B) in subsection (d)(2)(B), by striking ``credits'' and 
     inserting ``credits)''.

Subtitle D--Application of Certain Provisions of Export Administration 
                              Act of 1979

     SEC. 1871. APPLICATION OF CERTAIN PROVISIONS OF EXPORT 
                   ADMINISTRATION ACT OF 1979.

       (a) Protection of Information.--Section 12(c) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2411(c)) has been 
     in effect from August 20, 2001, and continues in effect on 
     and after the date of the enactment of this Act, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) and notwithstanding section 20 of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2419). Section 
     12(c)(1) of the Export Administration Act of 1979 is a 
     statute covered by section 552(b)(3) of title 5, United 
     States Code.
       (b) Termination Date.--Subsection (a) terminates at the end 
     of the 4-year period beginning on the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 3689. Mrs. FISCHER (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 2569, to 
provide an incentive for businesses to bring jobs back to America; 
which was ordered to lie on the table; as follows:

       At the end, insert the following:

      TITLE II--EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Strong Families Act''

     SEC. 202. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.

       (a) In General.--
       (1) Allowance of credit.--Subpart D of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL 
                   LEAVE.

       ``(a) In General.--For purposes of section 38, in the case 
     of an eligible employer, the paid family and medical leave 
     credit is an amount equal to 25 percent of the amount of 
     wages paid to qualifying employees during any period in which 
     such employees are on family and medical leave.
       ``(b) Limitations.--
       ``(1) In general.--The credit allowed under subsection (a) 
     with respect to any employee for any taxable year shall not 
     exceed the lesser of--
       ``(A) $4,000, or
       ``(B) the product of the wages normally paid to such 
     employee for each hour (or fraction thereof) of services 
     performed for the employer and the number of hours (or 
     fraction thereof) for which family and medical leave is 
     taken.

     For purposes of subparagraph (B), in the case of any employee 
     who is not paid on an hourly basis, the wages of such 
     employee shall be prorated to an hourly basis under 
     regulations established by the Secretary, in consultation 
     with the Secretary of Labor.
       ``(2) Maximum amount of leave subject to credit.--The 
     amount of family and medical leave that may be taken into 
     account with respect to any employee under subsection (a) for 
     any taxable year shall not exceed 12 weeks.
       ``(c) Eligible Employer.--For purposes of this section--
       ``(1) In general.--The term `eligible employer' means any 
     employer who has in place a policy that meets the following 
     requirements:
       ``(A) The policy provides--
       ``(i) all qualifying full-time employees with not less than 
     4 weeks of annual paid family and medical leave, and
       ``(ii) all qualifying employees who are not full-time 
     employees with an amount of annual paid family and medical 
     leave that bears the same ratio to 4 weeks as--

       ``(I) the number of hours the employee is expected to work 
     during any week, bears to
       ``(II) the number of hours an equivalent qualifying full-
     time employee is expected to work during the week.

       ``(B) The policy requires that the rate of payment under 
     the program is not less than 100 percent of the wages 
     normally paid to such employee for services performed for the 
     employer.
       ``(2) Special rule for certain employers.--
       ``(A) In general.--An added employer shall not be treated 
     as an eligible employer unless such employer provides paid 
     family and medical leave under a policy with a provision that 
     states that the employer--
       ``(i) will not interfere with, restrain, or deny the 
     exercise of or the attempt to exercise, any right provided 
     under the policy, and
       ``(ii) will not discharge or in any other manner 
     discriminate against any individual for opposing any practice 
     prohibited by the policy.
       ``(B) Added employer; added employee.--For purposes of this 
     paragraph--
       ``(i) Added employee.--The term `added employee' means a 
     qualifying employee who is not covered by title I of the 
     Family and Medical Leave Act of 1993.
       ``(ii) Added employer.--The term `added employer' means an 
     eligible employer (determined without regard to this 
     paragraph), whether or not covered by that title I, who 
     offers paid family and medical leave to added employees.
       ``(3) Treatment of state-paid benefits.--For purposes of 
     paragraph (1), any leave which is paid by a State or local 
     government shall not be taken into account in determining the 
     amount of paid family and medical leave provided by the 
     employer.
       ``(4) No inference.--Nothing in this subsection shall be 
     construed as subjecting an employer to any penalty, 
     liability, or other consequence (other than ineligibility for 
     the credit allowed by reason of subsection (a)) for failure 
     to comply with the requirements of this subsection.
       ``(d) Qualifying Employees.--For purposes of this section, 
     the term `qualifying employee' means any employee (as defined 
     in section 3(e) of the Fair Labor Standards Act

[[Page 13074]]

     of 1938) who has been employed by the employer for 1 year or 
     more.
       ``(e) Family and Medical Leave.--For purposes of this 
     section, the term `family and medical leave' means leave for 
     any purpose described under subparagraph (A), (B), (C), (D), 
     or (E) of paragraph (1), or paragraph (3), of section 102(a) 
     of the Family and Medical Leave Act of 1993, whether the 
     leave is provided under that Act or by a policy of the 
     employer. Such term shall not include any leave provided as 
     paid vacation leave, personal leave, or medical or sick leave 
     (within the meaning of those 3 terms under section 102(d)(2) 
     of that Act).
       ``(f) Wages.--For purposes of this section, the term 
     `wages' has the meaning given such term by subsection (b) of 
     section 3306 (determined without regard to any dollar 
     limitation contained in such section). Such term shall not 
     include any amount taken into account for purposes of 
     determining any other credit allowed under this subpart.
       ``(g) Election to Have Credit Not Apply.--
       ``(1) In general.--A taxpayer may elect to have this 
     section not apply for any taxable year.
       ``(2) Other rules.--Rules similar to the rules of 
     paragraphs (2) and (3) of section 51(j) shall apply for 
     purposes of this subsection.''.
       (b) Credit Part of General Business Credit.--Section 38(b) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``plus'' at the end of paragraph (35), by striking the period 
     at the end of paragraph (36) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(37) in the case of an eligible employer (as defined in 
     section 45S(c)), the paid family and medical leave credit 
     determined under section 45S(a).''.
       (c) Credit Allowed Against AMT.--Subparagraph (B) of 
     section 38(c)(4) of the Internal Revenue Code of 1986 is 
     amended by redesignating clauses (vii) through (ix) as 
     clauses (vii) through (x), respectively, and by inserting 
     after clause (vi) the following new clause:
       ``(vii) the credit determined under section 45S,''.
       (d) Conforming Amendments.--
       (1) Denial of double benefit.--Section 280C(a) of the 
     Internal Revenue Code of 1986 is amended by inserting 
     ``45S(a),'' after ``45P(a),''.
       (2) Election to have credit not apply.--Section 6501(m) of 
     such Code is amended by inserting ``45S(g),'' after 
     ``45H(g),''.
       (3) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45S. Employer credit for paid family and medical leave.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3690. Mr. REID (for Mr. Rubio) proposed an amendment to the 
resolution S. Res. 462, recognizing the Khmer and Lao/Hmong Freedom 
Fighters of Cambodia and Laos for supporting and defending the United 
States Armed Forces during the conflict in Southeast Asia; as follows:

       Strike the seventh and eight whereas clauses of the 
     preamble and insert the following:
       Whereas the Khmer National Armed Forces of Cambodia 
     facilitated the evacuation of the United States Embassy in 
     Phnom Penh on April 12, 1975, by continuing to fight Khmer 
     Rouge forces as the forces advanced upon the capital;

                          ____________________