```

[House Report 112-398]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-398

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3408) TO SET CLEAR RULES 
 FOR THE DEVELOPMENT OF UNITED STATES OIL SHALE RESOURCES, TO PROMOTE 
  SHALE TECHNOLOGY RESEARCH AND DEVELOPMENT, AND FOR OTHER PURPOSES; 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3813) TO AMEND TITLE 5, 
    UNITED STATES CODE, TO SECURE THE ANNUITIES OF FEDERAL CIVILIAN 
 EMPLOYEES, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF 
 THE BILL (H.R. 7) TO AUTHORIZE FUNDS FOR FEDERAL-AID HIGHWAY, PUBLIC 
TRANSPORTATION, AND HIGHWAY AND MOTOR CARRIER SAFETY PROGRAMS, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 February 14, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Webster, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 547]

    The Committee on Rules, having had under consideration 
House Resolution 547, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3408, the 
Protecting Investment in Oil Shale the Next Generation of 
Environmental, Energy, and Resource Security Act, under a 
structured rule. The resolution provides one hour of general 
debate with 40 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on Natural 
Resources and 20 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on Energy 
and Commerce. The resolution waives all points of order against 
consideration of the bill. The resolution provides that an 
amendment in the nature of a substitute consisting of the text 
of titles XIV and XVII of Rules Committee Print 112-14 shall be 
considered as adopted, and provides that the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution makes in order only those further amendments to H.R. 
3408 printed in Part A of this report. Each such amendment may 
be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in Part A of 
this report. The resolution provides one motion to recommit 
H.R. 3408 with or without instructions.
    The resolution also provides for consideration of H.R. 
3813, Securing Annuities for Federal Employees Act of 2012, 
under a structured rule. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Oversight and 
Government Reform. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
an amendment in the nature of a substitute consisting of the 
text of title XVI of Rules Committee Print 112-14 shall be 
considered as adopted, and provides that the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution makes in order only those further amendments to H.R. 
3813 printed in Part B of this report. Each such amendment may 
be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in Part B of 
this report. The resolution provides one motion to recommit 
H.R. 3813 with or without instructions.
    The resolution further provides for general debate of H.R. 
7, the American Energy and Infrastructure Jobs Act of 2012. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Transportation and Infrastructure. The resolution 
waives all points of order against consideration of H.R. 7. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of titles I through XIII and 
XV of Rules Committee Print 112-14 shall be considered as 
adopted. The resolution provides that no further consideration 
of the bill shall occur except pursuant to a subsequent order 
of the House.
    The resolution directs the Clerk to retain title and 
section designations as they appear in Rules Committee Print 
112-14 when preparing an amendment in the nature of a 
substitute to H.R. 7, H.R. 3408, and H.R. 3813.
    The resolution authorizes the Clerk to make technical and 
conforming changes to amendatory instructions in the 
engrossment of H.R. 3408 and H.R. 3813.
    The resolution directs the Clerk to, in the engrossment of 
H.R. 7, add the texts of H.R. 3408 and H.R. 3813, as passed by 
the House, retaining the title and section designations as they 
appear in Rules Committee Print 112-14 to the extent possible, 
and to make technical and conforming changes.
    The resolution provides that upon the addition of the text 
of H.R. 3408 or H.R. 3813, as passed by the House, to the 
engrossment of H.R. 7, H.R. 3408 or H.R. 3813 (as the case may 
be) shall be laid on the table.
    Finally, the resolution Authorizes the chair of each of the 
following committees to file a supplemental report to accompany 
any of the following measures: Natural Resources, with respect 
to H.R. 3407, 3408, and 3410; Ways and Means, with respect to 
H.R. 3864; and Oversight and Government Reform, with respect to 
H.R. 3813.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 3408, the Committee is not aware of any 
points of order. The waiver of all points of order is 
prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 3408, as amended, the Committee is not aware 
of any points of order. The waiver of all points of order is 
prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 3813 includes a waiver of the following: Section 303(a) of 
the Congressional Budget Act, prohibiting consideration of 
legislation, as reported, providing new budget authority, 
change in revenues, change in public debt, new entitlement 
authority, or new credit authority for a fiscal year until the 
budget resolution for that year has been agreed to; and, clause 
3(c)(4) of rule XIII, requiring the inclusion of general 
performance goals and objectives in a committee report.
    Although the resolution waives all points of order against 
provisions in H.R. 3813, as amended, the Committee is not aware 
of any points of order. The waiver of all points of order is 
prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 7 includes a waiver of the following: Section 303(a) of 
the Congressional Budget Act, prohibiting consideration of 
legislation, as reported, providing new budget authority, 
change in revenues, change in public debt, new entitlement 
authority, or new credit authority for a fiscal year until the 
budget resolution for that year has been agreed to; and, clause 
10 of rule XXI, prohibiting the consideration of a bill if it 
has the net effect of increasing mandatory spending over the 
five- or ten-year period.
    While the resolution contemplates the engrossment of 
multiple measures that when combined produce a score that does 
not violate clause 10(a) of rule XXI, H.R. 7 does not 
technically qualify for combined scoring under clause 10(b) of 
rule XXI, because the amendments will appear other than at the 
end of the object which is intended to be offset.
    Although the rule waives all points of order against the 
amendments printed in Part A and Part B of this report, the 
Committee is not aware of any points of order against the 
amendments. The waivers of all points of order are prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 190

    Motion by Mr. Hastings of Florida to report open rules for 
consideration of H.R. 3408, H.R. 3813, and H.R. 7. Defeated: 4-
8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 191

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #135 to H.R. 3408, offered by 
Rep. McGovern (MA), which would reduce the federal deficit by 
$40 billion by eliminating subsidies to oil companies. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 192

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #135 to H.R. 7, offered by 
Rep. McGovern (MA), which would reduce the federal deficit by 
$40 billion by eliminating subsidies to oil companies. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 193

    Motion by Mr. McGovern to provide for consideration of 
amendment #135, offered by Rep. McGovern (MA), as a free-
standing bill. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 194

    Motion by Mr. Sessions to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

           SUMMARY OF THE AMENDMENTS IN PART A MADE IN ORDER

    1. Eshoo (CA): Would require the Federal Energy Regulatory 
Commission to review the results of the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) study, as required by 
the bipartisan pipeline safety bill (P.L. 112-90), before 
issuing a permit for the Keystone XL pipeline. (10 minutes)
    2. Markey, Edward (MA), Cohen (TN), Welch (VT), Connolly 
(VA): Would ensure that if the Keystone XL pipeline is built, 
the oil that it transports to the Gulf of Mexico and the fuels 
made from that oil remain in this country to benefit Americans. 
Would allow the President to waive this requirement if it can 
be shown that an export of the oil or fuels won't increase our 
dependence on oil or fuels we buy from hostile nations, that 
prices for refiners and consumers won't go up if the export 
occurs, or if an export is needed to comply with any 
international treaties or other agreements we have to export 
oil or fuels. (10 minutes)
    3. Rush (IL): Would amend Title XIV [KEYSTONE XL PIPELINE] 
to prohibit the issuance of a permit absent conditions that 
restrict the ability of the permit recipient from initiating or 
threatening to initiate proceedings to invoke the power of 
eminent domain against the will of a property's owner for the 
purposes of constructing or operating the Keystone XL pipeline. 
(10 minutes)
    4. Doyle (PA), Murphy, Christopher (CT): Would require that 
a permit for the Keystone XL pipeline is not to be issued or 
deemed issued unless the permit applicant can certify and 
provide adequate documentation to FERC that at least 75% of the 
iron and steel to be used in domestic portion of the pipeline 
is produced in North America. (10 minutes)
    5. Polis (CO): Would strike subtitle A of title XVII and 
provides a five year window offset through increasing the 
federal share of drilling revenue. (10 minutes)
    6. Hastings, Doc (WA): Would change the underlying bill's 
requirement that the Department of the Interior substitute two 
new lease blocks for each one lease block that is deferred from 
a lease sale at the request of the Department of Defense, to 
replace each deferred lease block with one new lease block. 
Would also call attention to the existing authority under the 
Outer Continental Shelf Lands Act for the President to 
designate National Defense Areas on the outer Continental Shelf 
that are restricted from exploration and operation. The 
amendment would also require the North Aleutian Basin lease 
sale to be conducted by 2015 rather than one year after 
enactment of the Act. (10 minutes)
    7. Capps (CA): Would strike Section 17304, relating to oil 
and gas lease sales in the Southern California planning area, 
and part 4, relating to OCS revenue sharing with coastal 
states. (10 minutes)
    8. Bilirakis (FL): Would require the Secretary to conduct 
an economic impact survey to determine the economic effects 
that lease sales within 100 miles of the coast of Florida will 
have on the Florida fishing and tourism industries. (10 
minutes)
    9. Bishop, Tim (NY), Crowley (NY), Rangel (NY), Pascrell 
(NJ), Pingree (ME): Would prohibit oil and natural gas lease 
sales in the northeast U.S. (10 minutes)
    10. Richmond (LA): Would allow oil and gas revenues to be 
used for coastal wetlands conservation, coastal restoration, 
hurricane protection, or infrastructure projects directly 
impacted by coastal wetland losses. Currently, H.R. 7 contains 
a prohibition on how states can use oil and gas revenues. 
Energy producing states use offshore oil and gas revenues to 
fund their required state cost share of hurricane protection 
and coastline restoration programs. (10 minutes)
    11. Landry (LA), Richmond (LA): Would raise the Gulf of 
Mexico Energy Security Act cap to $750 million per year 
starting in year 2023 until 2055. The amendment would keep the 
$500 million cap per year in place through year 2022. (10 
minutes)
    12. Deutch (FL): Would require a person to include in the 
application for a drilling lease an estimate of the economic 
impact, including job losses, resulting from a worst-case 
discharge of oil from facilities operating under the lease. (10 
minutes)
    13. Thompson, Mike (CA), Woolsey (CA): Would clarify that 
the legislation does not allow for oil and gas drilling on the 
northern coast of California. (10 minutes)
    14. Holt (NJ), Bass (NH), Dingell (MI), Dold (IL), Gerlach 
(PA), Murphy, Christopher (CT), Kind (WI): Would affirm that 
nothing in the underlying bill will affect funding for the Land 
and Water Conservation Fund (LWCF). (10 minutes)
    15. Hanabusa (HI): Would require that offshore oil and gas 
leases contain specific safety requirements. (10 minutes)
    16. Hastings, Doc (WA): Would streamline the NEPA process 
to allow for expedited development of renewable energy projects 
on federal lands and waters. (10 minutes)
    17. Markey, Edward (MA): Would expand on the oil export ban 
already included in the Arctic drilling subtitle (Sec. 17706) 
to prohibit export of any natural gas produced pursuant to a 
lease issued under Title XVII of this Act. (10 minutes)
    18. Markey, Edward (MA): Would require companies holding 
defective leases which allow them to drill on public lands off-
shore without paying a royalty, to renegotiate those leases 
prior to bidding on new leases issued pursuant to Title XVII of 
this Act. (10 minutes)
    19. Labrador (ID): Would minimize NEPA requirements for a 
geothermal exploration test project so a project can quickly 
move forward if resources are found. (10 minutes)
    20. Scalise (LA), Bonner (AL), Landry (LA), Miller, Jeff 
(FL), Palazzo (MS), Southerland (FL), Olson (TX), Richmond 
(LA): Would dedicate Clean Water Act penalties associated with 
the Deepwater Horizon disaster to the Gulf Coast Restoration 
Trust Fund. (10 minutes)

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Issa (CA): Manager's Amendment. Would ensure the bill 
achieves the intended discretionary savings. (10 minutes)
    2. Lynch (MA): Would prevent the main provisions of Title 
XVI of H.R. 7, pertaining to increased retirement contributions 
for federal workers, from going into effect while federal 
employees are operating under a pay freeze. Would also exclude 
Members of Congress from receiving relief from the increased 
retirement contributions during years in which federal 
employees are subject to a pay freeze. (10 minutes)
    3. Nugent (FL): Would allow members of Congress to opt-out 
of participating in the Federal Employees Retirement System. It 
also would allow members to contribute to the Thrift Savings 
Plan without receiving a federal match to their contributions. 
(10 minutes)

                PART A--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Eshoo of California or 
                 Her Designee, Debatable for 10 Minutes

  In section 14003(a), add at the end the following:
          (3) Ensuring public safety.--Notwithstanding 
        paragraphs (1) and (2), a permit shall not be issued or 
        deemed to have been issued under this subsection until 
        the Federal Energy Regulatory Commission examines and 
        determines the relevance to the Keystone XL pipeline of 
        the report issued by the Pipeline and Hazardous 
        Materials Safety Administration, pursuant to the 
        Pipeline Safety, Regulatory Certainty, and Job Creation 
        Act of 2011 (Public Law 112-90), describing the results 
        of its review of hazardous liquid pipeline regulations 
        and whether such regulations are sufficient to ensure 
        the safety of pipelines used for the transportation of 
        diluted bitumen.
                              ----------                              

2. An Amendment To Be Offered by Representative Markey of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  Page 903, after line 22, insert the following new paragraph:
          (3) Energy security.--Notwithstanding paragraph (1), 
        the Federal Energy Regulatory Commission shall require 
        every permit issued under this Act to include 
        provisions that ensure that any crude oil and bitumen 
        transported by the Keystone XL pipeline, and all 
        refined petroleum fuel products whose origin was via 
        importation of crude oil or bitumen by the Keystone XL 
        pipeline, will be entered into domestic commerce for 
        use as a fuel, or for the manufacture of another 
        product, in the United States. The President may 
        provide for waivers of such requirement in the 
        following situations:
                  (A) Where the President determines that such 
                a waiver is in the national interest because 
                it--
                          (i) will not lead to an increase in 
                        domestic consumption of crude oil or 
                        refined petroleum products obtained 
                        from countries hostile to United States 
                        interests or with political and 
                        economic instability that compromises 
                        energy supply security;
                          (ii) will not lead to higher costs to 
                        refiners who purchase the crude oil 
                        than such refiners would have to pay 
                        for crude oil in the absence of such a 
                        waiver; and
                          (iii) will not lead to higher 
                        gasoline costs to consumers than 
                        consumers would have to pay in the 
                        absence of such a waiver.
                  (B) Where an exchange of crude oil or refined 
                product provides for no net loss of crude oil 
                or refined product consumed domestically.
                  (C) Where a waiver is necessary under the 
                Constitution, a law, or an international 
                agreement.
                              ----------                              

3. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Page 903, after line 22, insert the following new paragraph:
          (3) Restriction on use of eminent domain.--
        Notwithstanding paragraphs (1) and (2), a permit shall 
        not be issued or deemed to have been issued under this 
        subsection absent a condition that prohibits the permit 
        recipient from initiating or threatening to initiate 
        proceedings to invoke the power of eminent domain for 
        the purpose of taking ownership, rights-of-way, 
        easements, or other access or use of private property 
        in the United States, for purposes of constructing or 
        operating the Keystone XL pipeline, against the will of 
        the property's owner.
                              ----------                              

 4. An Amendment To Be Offered by Representative Doyle of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

  Page 906, after line 10, insert the following new section:

SEC. 14005. USE OF AMERICAN IRON AND STEEL.

  Notwithstanding section 14003(a)(1) and (2), a permit shall 
not be issued or deemed to have been issued under this title 
unless the permit applicant certifies and provides adequate 
documentation to the Federal Energy Regulatory Commission that 
at least 75 percent of iron and steel to be used in the 
construction of the domestic portion of the pipeline and 
related facilities described in section 14002(b) is produced in 
North America.
                              ----------                              

 5. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  Beginning at page 926, line 3, strike subtitle A of title 
XVII.
  Page 976, line 20, strike ``50'''' and insert ``51''.
                              ----------                              

6. An Amendment To Be Offered by Representative Hastings of Washington 
               or His Designee, Debatable for 10 Minutes

  Page 935, line 7, strike ``two other lease blocks'' and 
insert ``1 other lease block''.
  Page 937, after line 13, insert the following:
          (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 pursuant to section 12(d) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
  Page 941, beginning at line 1, strike ``1 year after the date 
of enactment of this Act'' and insert ``December 31, 2015''.
  Page 945, line 8, strike ``two other lease blocks'' and 
insert ``1 other lease block''.
  Page 946, after line 22, insert the following:
          (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 pursuant to section 12(d) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
                              ----------                              

7. An Amendment To Be Offered by Representative Capps of California or 
                 Her Designee, Debatable for 10 Minutes

  Beginning on page 938, line 3, strike section 17304.
  Beginning on page 948, line 3, strike part 4.
                              ----------                              

8. An Amendment To Be Offered by Representative Bilirakis of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 944, after line 22, insert the following new 
subparagraph:
                  (D) The Secretary shall conduct, and take 
                into consideration the results of, an economic 
                impact survey to determine any adverse economic 
                effects that such lease sales within 100 miles 
                of the western coast of Florida may have on the 
                Florida Gulf coast fishing industry and tourism 
                industry.
                              ----------                              

 9. An Amendment To Be Offered by Representative Bishop of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 948, beginning on line 3, strike part 4.
  Page 954, after line 19, insert the following new section:

SEC. 176__. PROHIBITION ON LEASE SALES IN CERTAIN AREAS.

  No oil and gas lease sale may be conducted for any area of 
the outer Continental Shelf (as that term is defined in the 
Outer Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) for 
which any of the States of New York, New Jersey, Connecticut, 
Rhode Island, Massachusetts, New Hampshire, or Maine is an 
affected State under section 2(f)(1) of the Outer Continental 
Shelf Lands Act (33 U.S.C. 1331(f)(1)).
                              ----------                              

10. An Amendment To Be Offered by Representative Richmond of Louisiana 
               or His Designee, Debatable for 10 Minutes

  Page 952, beginning on line 17, strike ``Federal program'' 
and insert ``Federal program, except in the case of a project 
for coastal wetlands conservation, coastal restoration, or 
hurricane protection, or an infrastructure project directly 
impacted by coastal wetland losses''.
                              ----------                              

11. An Amendment To Be Offered by Representative Landry of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Beginning on page 952, line 19, strike section 17501(b) and 
insert the following:
  (b) Limitation on Application.--Subsection (a) and the 
amendment made by subsection (a) shall not affect the 
application of section 105 of the Gulf of Mexico Energy 
Security Act of 2006 (title I of division C of Public Law 109-
432; (43 U.S.C. 1331 note)), as in effect before the enactment 
of this Act, with respect to revenues received by the United 
States under oil and gas leases issued for tracts located in 
the Western and Central Gulf of Mexico Outer Continental Shelf 
Planning Areas, including such leases issued on or after the 
date of the enactment of this Act.
  (c) Amount of Distributed Qualified Outer Continental Shelf 
Revenues.--Section 105(f)(1) of the Gulf of Mexico Energy 
Security Act of 2006 (title I of division C of Public Law 109-
432; (43 U.S.C. 1331 note)) is amended by striking ``2055'' and 
inserting ``2022, and shall not exceed $750,000,000 for each of 
fiscal years 2023 through 2055''.
                              ----------                              

 12. An Amendment To Be Offered by Representative Deutch of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 954, after line 19, insert the following:

SEC. 17603. ESTIMATE OF THE ECONOMIC IMPACT OF WORST-CASE DISCHARGE OF 
                    OIL.

  A person shall not be eligible for a lease issued under this 
subtitle (including the amendments made by this subtitle) 
unless the person includes in the application for the lease an 
estimate of the economic impact, including job losses, 
resulting from a worst-case discharge of oil from facilities 
operated under the lease.
                              ----------                              

13. An Amendment To Be Offered by Representative Thompson of California 
               or His Designee, Debatable for 10 Minutes

  Page 954, after line 19, insert the following:

SEC. __. LIMITATION ON LEASING OFF THE COAST OF NORTHERN CALIFORNIA.

  Section 8(a) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337) is amended by adding at the end the following:
  ``(9) No oil and gas lease may be issued under this Act for 
any area of the outer Continental Shelf for which the State of 
California is an affected State under section 2(f)(1) and that 
is located west of Marin, Sonoma, Mendocino, Humboldt, or Del 
Norte County, California.''.
                              ----------                              

14. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 954, after line 19, insert the following:

SEC. 17603. LAND AND WATER CONSERVATION FUND LOCKBOX.

  Nothing in this subtitle reduces the amount of revenues 
received by the United States under oil and gas leases of areas 
of the Outer Continental Shelf that is available for deposit 
into the Land and Water Conservation Fund.
                              ----------                              

15. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 954, after line 19, add the following new section:

SEC. 17603. SAFETY REQUIREMENTS.

  The Secretary of the Interior shall require that drilling 
operations conducted under each lease issued under this 
subtitle (including the amendments made by this subtitle) meet 
requirements for--
          (1) third-party certification of safety systems 
        related to well control, such as blowout preventers;
          (2) performance of blowout preventers, including 
        quantitative risk assessment standards, subsea testing, 
        and secondary activation methods;
          (3) independent third-party certification of well 
        casing and cementing programs and procedures;
          (4) mandatory safety and environmental management 
        systems by operators on the outer Continental Shelf (as 
        that term is used in the Outer Continental Shelf Lands 
        Act); and
          (5) procedures and technologies to be used during 
        drilling operations to minimize the risk of ignition 
        and explosion of hydrocarbons.
                              ----------                              

16. An Amendment To Be Offered by Representative Hastings of Washington 
               or His Designee, Debatable for 10 Minutes

  At the end of title XVII add the following:

Subtitle D--Streamlining Federal Review To Facilitate Renewable Energy 
                                Projects

SEC. 17801. SHORT TITLE.

  This subtitle may be cited as the ``Cutting Federal Red Tape 
to Facilitate Renewable Energy Act''.

SEC. 17802. ENVIRONMENTAL REVIEW FOR RENEWABLE ENERGY PROJECTS.

  (a) Compliance With NEPA for Renewable Energy Projects.--In 
complying with the National Environmental Policy Act of 1969 
(41 U.S.C. 4321 et seq.) with respect to any action authorizing 
or facilitating a proposed renewable energy project, at the 
election of the applicant a Federal agency shall--
          (1) consider only the proposed action and the no 
        action alternative;
          (2) analyze only the proposed action and the no 
        action alternative; and
          (3) identify and analyze potential mitigation 
        measures only for the proposed action and the no action 
        alternative.
  (b) Public Comment.--In complying with the National 
Environmental Policy Act of 1969 with respect to a proposed 
renewable energy project, a Federal agency shall only consider 
public comments that specifically address the proposed action 
or the no action alternative (or both) and are filed within 30 
days after publication of a draft environmental assessment or 
draft environmental impact statement.
  (c) Definitions.--For purposes of this section:
          (1) Federal waters.--The term ``Federal waters'' 
        means waters seaward of the coastal zone (as that term 
        is defined in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453)), to the limits 
        of the exclusive economic zone or the Outer Continental 
        Shelf, whichever is farther.
          (2) Outer continental shelf.--The term ``Outer 
        Continental Shelf'' has the meaning the term ``outer 
        Continental Shelf'' has in the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331 et seq.).
          (3) Renewable energy project.--The term ``renewable 
        energy project'' means a project on Federal lands or in 
        Federal waters, including a project on the Outer 
        Continental Shelf, using wind, solar power, geothermal 
        power, biomass, or marine and hydrokinetic energy to 
        generate energy, that is constructed encouraging the 
        use of equipment and materials manufactured in the 
        United States.
                              ----------                              

      17. An Amendment To Be Offered by Representative Markey of 
        Massachusetts or His Designee, Debatable for 10 Minutes

    At the end of title XVII add the following:

                  Subtitle D--Miscellaneous Provisions

SEC. 17801. PROHIBITION ON EXPORT OF GAS.

    Each oil and gas lease issued under this title (including 
the amendments made by this title) shall prohibit the export of 
gas produced under the lease.
                              ----------                              

      18. An Amendment To Be Offered by Representative Markey of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of title XVII add the following:

                  Subtitle D--Miscellaneous Provisions

SEC. 17801 ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

  (a) Issuance of New Leases.--
          (1) In general.--Beginning in fiscal year 2013, the 
        Secretary of the Interior shall not accept bids on any 
        new leases offered pursuant to this title (including 
        the amendments made by this title) from a person 
        described in paragraph (2) unless the person has 
        renegotiated each covered lease with respect to which 
        the person is a lessee, to modify the payment 
        responsibilities of the person to require the payment 
        of royalties if the price of oil and natural gas is 
        greater than or equal to the price thresholds described 
        in clauses (v) through (vii) of section 8(a)(3)(C) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)).
          (2) Persons described.--A person referred to in 
        paragraph (1) is a person that--
                  (A) is a lessee that--
                          (i) holds a covered lease on the date 
                        on which the Secretary considers the 
                        issuance of the new lease; or
                          (ii) was issued a covered lease 
                        before the date of enactment of this 
                        Act, but transferred the covered lease 
                        to another person or entity (including 
                        a subsidiary or affiliate of the 
                        lessee) after the date of enactment of 
                        this Act; or
                  (B) any other person that has any direct or 
                indirect interest in, or that derives any 
                benefit from, a covered lease.
          (3) Multiple lessees.--
                  (A) In general.--For purposes of paragraph 
                (1), if there are multiple lessees that own a 
                share of a covered lease, the Secretary may 
                implement separate agreements with any lessee 
                with a share of the covered lease that modifies 
                the payment responsibilities with respect to 
                the share of the lessee to include price 
                thresholds that are equal to or less than the 
                price thresholds described in clauses (v) 
                through (vii) of section 8(a)(3)(C) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(a)(3)(C)).
                  (B) Treatment of share as covered lease.--
                Beginning on the effective date of an agreement 
                under subparagraph (A), any share subject to 
                the agreement shall not constitute a covered 
                lease with respect to any lessees that entered 
                into the agreement.
  (b) Transfers.--A lessee or any other person who has any 
direct or indirect interest in, or who derives a benefit from, 
a covered lease shall not be eligible to obtain by sale or 
other transfer (including through a swap, spinoff, servicing, 
or other agreement) any new lease offered pursuant to this 
title (including the amendments made by this title) or the 
economic benefit of any such new lease, unless the lessee or 
other person has--
          (1) renegotiated each covered lease with respect to 
        which the lessee or person is a lessee, to modify the 
        payment responsibilities of the lessee or person to 
        include price thresholds that are equal to or less than 
        the price thresholds described in clauses (v) through 
        (vii) of section 8(a)(3)(C) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or
          (2) entered into an agreement with the Secretary to 
        modify the terms of all covered leases of the lessee or 
        other person to include limitations on royalty relief 
        based on market prices that are equal to or less than 
        the price thresholds described in clauses (v) through 
        (vii) of section 8(a)(3)(C) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
  (c) Definitions.--In this section--
          (1) Covered lease.--The term ``covered lease'' means 
        a lease for oil or gas production in the Gulf of Mexico 
        that is--
                  (A) in existence on the date of enactment of 
                this Act;
                  (B) issued by the Department of the Interior 
                under section 304 of the Outer Continental 
                Shelf Deep Water Royalty Relief Act (43 U.S.C. 
                1337 note; Public Law 104-58); and
                  (C) not subject to limitations on royalty 
                relief based on market price that are equal to 
                or less than the price thresholds described in 
                clauses (v) through (vii) of section 8(a)(3)(C) 
                of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1337(a)(3)(C)).
          (2) Lessee.--The term ``lessee'' includes any person 
        or other entity that controls, is controlled by, or is 
        in or under common control with, a lessee.
          (3) New lease.--The term ``new lease'' means a lease 
        issued in a lease sale under this title or the 
        amendments made by this title.
                              ----------                              

 19. An Amendment To Be Offered by Representative Labrador of Idaho or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XVII add the following:

  Subtitle D--Promotion of Timely Exploration for Geothermal Resources

SEC. 17801. SHORT TITLE.

  This subtitle may be cited as the ``Exploring for Geothermal 
Energy on Federal Lands Act''.

SEC. 17802. GEOTHERMAL EXPLORATION NOTICE AND EXCLUSION.

  (a) Definition of Geothermal Exploration Test Project.--In 
this section the term ``geothermal exploration test project'' 
means the drilling of a well to test or explore for geothermal 
resources on lands leased by the Department of the Interior for 
the development and production of geothermal resources, that--
          (1) is carried out by the holder of the lease;
          (2) causes--
                  (A) less than 5 acres of soil or vegetation 
                disruption at the location of each geothermal 
                exploration well; and
                  (B) not more than an additional 5 acres of 
                soil or vegetation disruption during access or 
                egress to the test site;
          (3) is developed--
                  (A) no deeper than 2,500 feet;
                  (B) less than 8 inches in diameter;
                  (C) in a manner that does not require off-
                road motorized access other than to and from 
                the well site along an identified off-road 
                route for which notice is provided to the 
                Secretary of the Interior under subsection (c);
                  (D) without construction of new roads other 
                than upgrading of existing drainage crossings 
                for safety purposes; and
                  (E) with the use of rubber-tired digging or 
                drilling equipment vehicles;
          (4) is completed in less than 45 days, including the 
        removal of any surface infrastructure from the site; 
        and
          (5) requires the restoration of the project site 
        within 3 years to approximately the condition that 
        existed at the time the project began, unless the site 
        is subsequently used as part of energy development on 
        the lease.
  (b) 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 a project that the Secretary of the 
Interior determines under subsection (c) is a geothermal 
exploration test project.
  (c) Notice of Intent; Review and Determination.--
          (1) Requirement to provide notice.--A leaseholder 
        intending to carry out a geothermal exploration test 
        project shall provide notice to the Secretary of the 
        Interior not later than 30 days prior to the start of 
        drilling under the project.
          (2) Review of project.--The Secretary shall by not 
        later than 10 days after receipt of a notice of intent 
        under paragraph (1) from a leaseholder--
                  (A) review the project described in the 
                notice and determine whether it is a geothermal 
                exploration test project under subsection (a); 
                and
                  (B) notify the leaseholder--
                          (i) that under subsection (b) of this 
                        section, section 102(2)(C) of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332(2)(C)) does not 
                        apply to the project; or
                          (ii) that section 102(2)(C) of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332(2)(C)) applies to 
                        the project, including clear and 
                        detailed findings on any deficiencies 
                        in the project that preclude the 
                        application of subsection (b) of this 
                        section to the project.
          (3) Opportunity to remedy.--If the Secretary provides 
        notice under paragraph (2)(B)(ii) that section 
        102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)) applies to the project, the 
        Secretary shall provide the leaseholder an opportunity 
        to remedy the deficiencies described in the notice 
        prior to the date the leaseholder intended to start of 
        drilling under the project.
                              ----------                              

 20. An Amendment To Be Offered by Representative Scalise of Louisiana 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents accordingly):

                        TITLE XVIII--RESTORE ACT

SECTION 18001. SHORT TITLE.

  This title may be cited as the ``Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of 
the Gulf Coast States Act of 2012''.

SEC. 18002. FINDINGS.

  Congress finds that--
          (1) as a result of decades of oil and gas development 
        in the Gulf of Mexico, producing and nonproducing 
        States in the Gulf Coast region have borne substantial 
        risks of environmental damage and economic harm, all of 
        which culminated with the explosion on, and sinking of, 
        the mobile offshore drilling unit Deepwater Horizon;
          (2) the discharge of oil in the Gulf of Mexico that 
        began following the explosion on, and sinking of, the 
        mobile offshore drilling unit Deepwater Horizon has 
        caused substantial environmental destruction and 
        economic harm to the people and communities of the Gulf 
        Coast region;
          (3)(A) in the report entitled ``America's Gulf 
        Coast--A Long Term Recovery Plan after the Deepwater 
        Horizon Oil Spill'', the Secretary of the Navy stated, 
        ``Together, the Gulf's tourism and commercial and 
        recreational fishing industries contribute tens of 
        billions of dollars to the [United States] economy. 
        More than 90 percent of the [N]ation's offshore crude 
        oil and natural gas is produced in the Gulf, and the 
        [F]ederal treasury receives roughly $4.5 billion 
        dollars every year from offshore leases and royalties. 
        And it is in the Gulf of Mexico that nearly one third 
        of seafood production in the continental [United 
        States] is harvested. America needs a healthy and 
        resilient Gulf Coast, one that can support the diverse 
        economies, communities, and cultures of the region.'';
          (B) to address the needs of the Gulf Coast region, 
        the Secretary of the Navy stated, ``It is recommended 
        that the President urge Congress to pass legislation 
        that would dedicate a significant amount of any civil 
        penalties recovered under the [Federal Water Pollution 
        Control Act] from parties responsible for the Deepwater 
        Horizon oil spill to those directly impacted by that 
        spill.''; and
          (C) to mitigate local challenges and help restore the 
        resiliency of communities adversely affected by the 
        spill, the Secretary of the Navy stated that the 
        legislation described in subparagraph (B) should 
        ``[b]uild economic development strategies around 
        community needs, and take particular efforts to address 
        the needs of disadvantaged, underserved, and resource 
        constrained communities'';
          (4) in a final report to the President, the National 
        Commission on the BP Deepwater Horizon Oil Spill and 
        Offshore Drilling--
                  (A) stated, ``Estimates of the cost of Gulf 
                restoration, including but not limited to the 
                Mississippi Delta, vary widely, but according 
                to testimony before the Commission, full 
                restoration of the Gulf will require $15 
                billion to $20 billion: a minimum of $500 
                million annually for 30 years.''; and
                  (B) like the Secretary of the Navy, 
                recommended that, to meet the needs described 
                in subparagraph (A), a substantial portion of 
                applicable penalties under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.) 
                be dedicated to long-term restoration of the 
                Gulf of Mexico;
          (5) taking into account the risks borne by Gulf Coast 
        States for decades of oil and gas development and the 
        environmental degradation suffered by the Gulf Coast 
        region, the amounts received by the United States as 
        payment of administrative, civil, or criminal penalties 
        in connection with the explosion on, and sinking of, 
        the mobile offshore drilling unit Deepwater Horizon 
        should be expended--
                  (A) to restore the natural resources, 
                ecosystems, fisheries, marine and wildlife 
                habitats, beaches, barrier islands, dunes, 
                coastal wetlands, and economy of the Gulf 
                Coast; and
                  (B) to address the associated economic harm 
                suffered by the people and communities of the 
                region;
          (6) the projects and programs authorized by this 
        title and the amendments made by this title should be 
        carried out pursuant to contracts awarded in a manner 
        that provides a preference to individuals and entities 
        that reside in, are headquartered in, or are 
        principally engaged in business in a Gulf Coast State; 
        and
          (7) Federal, State, and local officials should seek--
                  (A) to leverage the financial resources made 
                available under this title; and
                  (B) to the maximum extent practicable, to 
                ensure that projects funded pursuant to this 
                title complement efforts planned or in 
                operation to revitalize the natural resources 
                and economic health of the Gulf Coast region.

SEC. 18003. GULF COAST RESTORATION TRUST FUND.

  (a) Establishment.--There is established in the Treasury of 
the United States a trust fund to be known as the ``Gulf Coast 
Restoration Trust Fund'' (referred to in this section as the 
``Trust Fund''), consisting of such amounts as are deposited in 
the Trust Fund under this section or any other provision of 
law.
  (b) Transfers.--The Secretary of the Treasury shall deposit 
in the Trust Fund an amount equal to 80 percent of all 
administrative and civil penalties paid by responsible parties 
after the date of enactment of this title in connection with 
the explosion on, and sinking of, the mobile offshore drilling 
unit Deepwater Horizon pursuant to a court order, negotiated 
settlement, or other instrument in accordance with section 311 
of the Federal Water Pollution Control Act (33 U.S.C. 1321).
  (c) Expenditures.--Amounts in the Trust Fund, including 
interest earned on advances to the Trust Fund and proceeds from 
investment under subsection (d), shall be available, pursuant 
to a future Act of Congress enacted after the date of enactment 
of this Act--
          (1) for expenditure to restore the Gulf Coast region 
        from the Deepwater Horizon oil spill for undertaking 
        projects and programs in the Gulf Coast region that 
        would restore and protect the natural resources, 
        ecosystems, fisheries, marine and wildlife habitats, 
        beaches, coastal wetlands, and economy of the Gulf 
        Coast region; and
          (2) solely to Gulf Coast States and coastal political 
        subdivisions to restore the ecosystems and economy of 
        the Gulf Coast region.
  (d) Investment.--Amounts in the Trust Fund shall be invested 
in accordance with section 9702 of title 31, United States 
Code, and any interest on, and proceeds from, any such 
investment shall be available for expenditure in accordance 
with this section.
  (e) Definitions.--In this section:
          (1) Coastal political subdivision.--The term 
        ``coastal political subdivision'' means any local 
        political jurisdiction that is immediately below the 
        State level of government, including a county, parish, 
        or borough, with a coastline that is contiguous with 
        any portion of the United States Gulf of Mexico.
          (2) Deepwater horizon oil spill.--The term 
        ``Deepwater Horizon oil spill'' means the blowout and 
        explosion of the mobile offshore drilling unit 
        Deepwater Horizon that occurred on April 20, 2010, and 
        resulting hydrocarbon releases into the environment.
          (3) Gulf coast region.--The term ``Gulf Coast 
        region'' means--
                  (A) in the Gulf Coast States, the coastal 
                zones (as that term is defined in section 304 
                of the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1453)) that border the Gulf of Mexico;
                  (B) any adjacent land, water, and watersheds, 
                that are within 25 miles of those coastal zones 
                of the Gulf Coast States; and
                  (C) all Federal waters in the Gulf of Mexico.
          (4) Gulf coast state.--The term ``Gulf Coast State'' 
        means any of the States of Alabama, Florida, Louisiana, 
        Mississippi, and Texas.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Issa of California or 
                 His Designee, Debatable for 10 Minutes

  Page 913, strike line 6 and all that follows through page 
915, line 14, and insert the following:

SEC. 16002. RETIREMENT CONTRIBUTIONS.

  (a) Civil Service Retirement System.--
          (1) Individual contributions.--Section 8334(c) of 
        title 5, United States Code, is amended--
                  (A) by striking ``(c) Each'' and inserting 
                ``(c)(1) Each''; and
                  (B) by adding at the end the following:
  ``(2)(A) Notwithstanding any other provision of this 
subsection, the applicable percentage of basic pay under this 
subsection shall, for purposes of computing an amount--
          ``(i) for a period in calendar year 2013, 2014, or 
        2015, be equal to the applicable percentage under this 
        subsection for the preceding calendar year (including 
        as increased under this paragraph), plus an additional 
        0.5 percentage point; and
          ``(ii) for a period in any calendar year after 2015, 
        be equal to the applicable percentage under this 
        subsection for calendar year 2015 (as determined under 
        clause (i)).
  ``(B)(i) Notwithstanding subsection (a)(2), any excess 
contributions under subsection (a)(1)(A) (including the portion 
of any deposit under this subsection allocable to excess 
contributions) shall, if made by an employee of the United 
States Postal Service or the Postal Regulatory Commission, be 
deposited to the credit of the Postal Service Fund under 
section 2003 of title 39, rather than the Civil Service 
Retirement and Disability Fund.
  ``(ii) For purposes of this subparagraph, the term `excess 
contributions' means, with respect to an employee of the United 
States Postal Service or the Postal Regulatory Commission, the 
amount by which--
          ``(I) deductions from basic pay of such employee 
        which are made under subsection (a)(1)(A), exceed
          ``(II) deductions from basic pay of such employee 
        which would have been so made if subparagraph (A) had 
        not been enacted.''.
          (2) Government contributions.--Section 8334(a)(1)(B) 
        of title 5, United States Code, is amended--
                  (A) in clause (i), by striking ``Except as 
                provided in clause (ii),'' and inserting 
                ``Except as provided in clause (ii) or 
                (iii),''; and
                  (B) by adding at the end the following:
  ``(iii) The amount to be contributed under clause (i) shall, 
with respect to any period in any year beginning after December 
31, 2012, be determined as if subsection (c)(2) had not been 
enacted.''.
  (b) Federal Employees' Retirement System.--
          (1) Individual contributions.--Section 8422(a)(3) of 
        title 5, United States Code, is amended--
                  (A) by striking ``(3) The'' and inserting 
                ``(3)(A) The''; and
                  (B) by adding at the end the following:
  ``(B) Notwithstanding any other provision of this paragraph, 
the applicable percentage under this paragraph shall, for 
purposes of computing any amount--
          ``(i) for a period in calendar year 2013, 2014, or 
        2015, be equal to the applicable percentage under this 
        paragraph for the preceding calendar year (including as 
        increased under this subparagraph, if applicable), plus 
        an additional 0.5 percentage point; and
          ``(ii) for a period in any calendar year after 2015, 
        be equal to the applicable percentage under this 
        paragraph for calendar year 2015 (as determined under 
        clause (i)).''.
          (2) Government contributions.--Section 8423(a)(2) of 
        title 5, United States Code, is amended--
                  (A) by striking ``(2)'' and inserting 
                ``(2)(A)''; and
                  (B) by adding at the end the following:
  ``(B)(i) For purposes of any period in any year beginning 
after December 31, 2012, the normal-cost percentage under this 
subsection shall be determined and applied as if section 
8422(a)(3)(B) had not been enacted, subject to clauses (ii) and 
(iii).
  ``(ii) Any contributions under this subsection in excess of 
the amounts which (but for clause (i)) would otherwise have 
been payable shall be applied toward reducing the unfunded 
liability of the Civil Service Retirement System.
  ``(iii) After the unfunded liability of the Civil Service 
Retirement System has been eliminated, as determined by the 
Office, Government contributions under this subsection shall be 
determined and made disregarding this subparagraph.
  ``(iv) The preceding provisions of this subparagraph shall be 
disregarded for purposes of determining the contributions 
payable by the United States Postal Service and the Postal 
Regulatory Commission.''.
  Page 917, after line 4, insert the following new subsection 
(and make all necessary conforming changes):
  (c) Government Contributions.--Section 8423(a)(2)(B) (as 
added by section 16002(b)) is amended in clause (i) by striking 
``section 8422(a)(3)(B)'' and inserting ``subparagraphs (B) and 
(C) of section 8422(a)(3)''.
                              ----------                              

2. An Amendment To Be Offered by Representative Lynch of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  Page 915, after line 14, insert the following:
  (c) Effect of a Pay Freeze.--
          (1) In general.--Notwithstanding any other provision 
        of this section, if, in calendar year 2013 or any 
        subsequent calendar year, rates of basic pay are not 
        increased by reason of section 147 of the Continuing 
        Appropriations Act, 2011 (hereinafter in this 
        subsection referred to as a ``pay-freeze year''), 
        individual and Government contributions under the 
        provisions of law amended by this section shall be 
        determined in accordance with the following:
                  (A) In any calendar year after 2012 which is 
                a pay-freeze year, individual and Government 
                retirement contributions shall be determined 
                under the provisions of law which applied in 
                the last year which was not a pay-freeze year.
                  (B) Beginning in the first year following a 
                pay-freeze year (or, in the case of a series of 
                pay-freeze years, the last of them), individual 
                and Government contributions shall be 
                determined under applicable provisions of law 
                (as amended by this section)--
                          (i) applying the percentages which 
                        would otherwise have applied in the 
                        pay-freeze year (or, in the case of a 
                        series of pay-freeze years, the first 
                        of them); and
                          (ii) determining the percentages for 
                        subsequent years accordingly.
          (2) Exception.--Nothing in paragraph (1) shall affect 
        the application of the amendments made by subsections 
        (a) and (b) with respect to the individual or 
        Government contributions payable in the case of Members 
        of Congress (as defined by sections 8331 and 8401 of 
        title 5, United States Code).
                              ----------                              

 3. An Amendment To Be Offered by Representative Nugent of Florida or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XVI (page 925, after line 21), add the 
following new section:

SEC. 16007. GRANTING MEMBERS OF CONGRESS THE OPTION TO DECLINE CERTAIN 
                    BENEFITS.

  (a) Federal Employees Retirement System Opt Out.--Section 
8401(20) of title 5, United States Code, is amended by striking 
``, and who'' and all that follows through ``2004''.
  (b) Thrift Savings Plan Agency Contribution Opt Out.--Section 
8432(c) of such title is amended by adding at the end the 
following:
          ``(4)(A) Notwithstanding any other provision of this 
        subsection, contributions under paragraphs (1) through 
        (3) may not be made in the case of any Member who makes 
        an election under subparagraph (B).
          ``(B) Any Member may, by written notice to the 
        official by whom such Member is paid, elect not to 
        receive contributions under this subsection. An 
        election under this subparagraph--
                  ``(i) shall be effective with respect to pay 
                periods beginning on or after the date on which 
                such election is made; and
                  ``(ii) shall be irrevocable.''.

                                  

```