I 

113TH CONGRESS 

1ST SESSION H. R. 3355 

To increase the competitiveness of American manufacturing by reducing regulatory and other burdens, encouraging greater innovation and investment, 

and developing a stronger workforce for the twenty-first century, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2013 

Mr. GUTHRIE introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Ways and Means, Armed Services, Education and the Workforce, Natural 

Resources, House Administration, the Judiciary, Rules, Appropriations, 

Science, Space, and Technology, and Foreign Affairs, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To increase the competitiveness of American manufacturing 

by reducing regulatory and other burdens, encouraging 

greater innovation and investment, and developing a 

stronger workforce for the twenty-first century, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reducing Employer 

3 Burdens, Unleashing Innovation, and Labor Development 

4 Act of 2013’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings; sense of the Congress. 

TITLE I—INVESTING IN AMERICA’S WORKFORCE 

Sec. 101. Short title. 

Sec. 102. Industry-recognized and nationally portable credentials for job training programs. 

Sec. 103. Definitions. 

Sec. 104. Rule of construction. 

Sec. 105. Effective date. 

TITLE II—RESEARCH AND DEVELOPMENT TAX CREDITS 

Sec. 201. Extension of research credit; alternative simplified research credit increased and made permanent. 

TITLE III—COMPREHENSIVE TAX REFORM 

Sec. 301. Comprehensive reform of United States tax laws; expedited consideration. 

TITLE IV—FEDERAL OIL AND GAS RESOURCES 

Subtitle A—Expanding Offshore Energy Development 

Sec. 411. Outer Continental Shelf leasing program. 

Sec. 412. Domestic oil and natural gas production goal. 

Subtitle B—Coastal Plain of Alaska 

Sec. 421. Short title. 

Sec. 422. Definitions. 

Sec. 423. Leasing program for lands within the Coastal Plain. 

Sec. 424. Lease sales. 

Sec. 425. Grant of leases by the Secretary. 

Sec. 426. Lease terms and conditions. 

Sec. 427. Coastal Plain environmental protection. 

Sec. 428. Expedited judicial review. 

Sec. 429. Treatment of revenues. 

Sec. 430. Rights-of-way across the Coastal Plain. 

Sec. 431. Conveyance. 

Sec. 432. ANWR Alternative Energy Trust Fund. 


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TITLE V—ENERGY CONSUMERS RELIEF 

Sec. 501. Prohibition against finalizing certain energy-related rules that will 

cause significant adverse effects to the economy. 

Sec. 502. Reports and determinations prior to promulgating as final certain energy-related rules. 

Sec. 503. Definitions. 

Sec. 504. Prohibition on use of social cost of carbon in analysis. 

TITLE VI—REPEAL OF THE HEALTH CARE LAW AND HEALTH 

CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010 

Sec. 601. Short title. 

Sec. 602. Repeal of the health care law and health care-related provisions in 

the Health Care and Education Reconciliation Act of 2010. 

TITLE VII—COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH 

INSURANCE COVERAGE 

Sec. 701. Cooperative governing of individual health insurance coverage. 

Sec. 702. Severability. 

TITLE VIII—RENEWAL OF TRADE PROMOTION AUTHORITY 

Sec. 801. Renewal of trade promotion authority. 

TITLE IX—REFORM OF EXPORT CONTROL POLICIES 

Sec. 901. Sense of Congress on reform of export control policies. 

TITLE X—EFFICIENT USE OF GOVERNMENT SPECTRUM 

Sec. 1001. Short title. 

Sec. 1002. Reallocation and auction of 1755–1780 MHz band. 

1 SEC. 3. FINDINGS; SENSE OF THE CONGRESS. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Data indicate that manufacturing employees 

4 earn a higher average salary and receive greater 

5 benefits than workers in other industries. 

6 (2) Recent data also show that United States 

7 manufacturing companies cannot fill as many as 

8 600,000 skilled positions, even as unemployment 

9 numbers hover at historically high levels. 


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1 (3) Postsecondary success and workforce readi2 ness can be achieved through attainment of recog3 nized postsecondary credentials. 

4 (4) Data indicate that United States manufac5 turers invest a far greater percentage of revenue in 

6 research and development than other industries. 

7 (5) The United States has the highest corporate 

8 tax rate in the developed world. 

9 (6) A recent report indicates that United States 

10 manufacturers face a 20 percent structural cost bur11 den compared to companies from the Nation’s 9 

12 largest trading partners. 

13 (7) Excessive Federal regulations are placing a 

14 heavy burden on United States manufacturers. 

15 (8) According to a recent report, it is estimated 

16 that pending and recently finalized Environmental 

17 Protection Agency regulations alone could cost man18 ufacturers over $100,000,000,000 per year in com19 pliance, plus additional one-time costs of over 

20 $500,000,000. 

21 (9) Data indicate that regulatory costs could 

22 cut annual United States economic output by as 

23 much as $630,000,000,000, or 4.2 percent of Gross 

24 Domestic Product, resulting in a net loss of 

25 9,000,000 jobs. 


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1 (10) Expanded domestic resource development 

2 would further reduce energy costs, increasing United 

3 States manufacturers’ competitive advantage. 

4 (11) Data show that United States manufactur5 ers have reduced energy usage and emissions to 

6 below the 1990 levels. 

7 (12) Reports indicate United States health care 

8 costs have increased over 80 percent in the past dec9 ade, creating greater personnel costs for manufac10 turers. 

11 (13) Data show that United States manufactur12 ers are responsible for 47 percent of total United 

13 States exports. 

14 (14) A widening trade gap with major trade 

15 partners means that manufacturers are at risk of 

16 losing export market share. 

17 (b) SENSE OF THE CONGRESS.—It is the sense of 

18 the Congress that increasing the competitiveness of United 

19 States manufacturers will strengthen the national econ20 omy. 

21 TITLE I—INVESTING IN 

22 AMERICA’S WORKFORCE 

23 SEC. 101. SHORT TITLE. 

24 This title may be cited as the ‘‘Investing in America’s 

25 Workforce Act’’. 


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1 SEC. 102. INDUSTRY-RECOGNIZED AND NATIONALLY PORT2 ABLE CREDENTIALS FOR JOB TRAINING PRO3 GRAMS. 

4 (a) WORKFORCE INVESTMENT ACT OF 1998.— 

5 (1) YOUTH ACTIVITIES.—Section 129(c)(1)(C) 

6 of the Workforce Investment Act of 1998 (29 U.S.C. 

7 2854(c)(1)(C)) is amended— 

8 (A) by redesignating clauses (ii) through 

9 (iv) as clauses (iii) through (v), respectively; 

10 and 

11 (B) by inserting after clause (i) the fol12 lowing: 

13 ‘‘(ii) training (which may include pri14 ority consideration for training programs 

15 that lead to recognized postsecondary cre16 dentials (as defined in section 104 of the 

17 Investing in America’s Workforce Act) that 

18 are aligned with in-demand occupations or 

19 industries in the local area involved, if the 

20 local board determines that the programs 

21 meet the quality criteria described in sec22 tion 123);’’. 

23 (2) GENERAL EMPLOYMENT AND TRAINING AC24 TIVITIES.—Section 134(d)(4)(F) of the Workforce 

25 Investment Act of 1998 (29 U.S.C. 2864(d)(4)(F)) 

26 is amended by adding at the end the following: 


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1 ‘‘(iv) PROGRAMS THAT LEAD TO AN

2 INDUSTRY-RECOGNIZED AND NATIONALLY

3 PORTABLE CREDENTIAL.—In assisting in4 dividuals in selecting programs of training 

5 services under this section, a one-stop op6 erator and employees of a one-stop center 

7 referred to in subsection (c) may give pri8 ority consideration to programs (approved 

9 in conjunction with eligibility decisions 

10 made under section 122) that lead to rec11 ognized postsecondary credentials (as de12 fined in section 103 of the Investing in 

13 America’s Workforce Act) that are aligned 

14 with in-demand occupations or industries 

15 in the local area involved.’’. 

16 (3) CRITERIA.— 

17 (A) GENERAL EMPLOYMENT AND TRAIN18 ING ACTIVITIES.—Section 122(b)(2)(D) of the 

19 Workforce Investment Act of 1998 (29 U.S.C. 

20 2842(b)(2)(D)) is amended— 

21 (i) in clause (ii), by striking ‘‘and’’ at 

22 the end; 

23 (ii) in clause (iii), by striking the pe24 riod and inserting ‘‘; and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iv) in the case of a provider of a 

4 program of training services that leads to 

5 a recognized postsecondary credential (as 

6 defined in section 103 of the Investing in 

7 America’s Workforce Act), that the pro8 gram leading to the credential meets such 

9 quality criteria as the Governor shall es10 tablish.’’. 

11 (B) YOUTH ACTIVITIES.—Section 123 of 

12 the Workforce Investment Act of 1998 (29 

13 U.S.C. 2843) by inserting ‘‘(including such 

14 quality criteria as the Governor shall establish 

15 for a training program that leads to a recog16 nized postsecondary credential (as defined in 

17 section 103 of the Investing in America’s Work18 force Act))’’ after ‘‘plan’’. 

19 (b) CAREER AND TECHNICAL EDUCATION.— 

20 (1) STATE PLAN.—Section 122(c)(1)(B) of the 

21 Carl D. Perkins Career and Technical Education 

22 Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is amend23 ed— 

24 (A) by striking ‘‘(B) how’’ and inserting 

25 ‘‘(B)(i) how’’; 


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1 (B) by inserting ‘‘and’’ after the semicolon; 

2 and 

3 (C) by adding at the end the following 

4 ‘‘(ii) in the case of an eligible entity that, 

5 in developing and implementing programs of 

6 study leading to recognized postsecondary cre7 dentials, desires to give a priority to such pro8 grams that are aligned with in-demand occupa9 tions or industries in the area served (as deter10 mined by the eligible agency) and that may pro11 vide a basis for additional credentials, certifi12 cates, or degree, how the entity will do so;’’. 

13 (2) USE OF LOCAL FUNDS.—Section 134(b) of 

14 the Carl D. Perkins Career and Technical Education 

15 Act of 2006 (20 U.S.C. 2354(b)) is amended— 

16 (A) in paragraph (11), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (B) in paragraph (12)(B), by striking the 

19 period and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(13) describe the career and technical edu22 cation activities supporting the attainment of recog23 nized postsecondary credentials (as defined in sec24 tion 103 of the Investing in America’s Workforce 

25 Act), and, in the case of an eligible recipient that deVerDate Mar 15 2010 03:41 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3355.IH H3355

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1 sires to provide priority consideration to certain pro2 grams of study in accordance with the State plan 

3 under section 122(c)(1)(B), how the eligible recipi4 ent will give priority consideration to such activi5 ties.’’. 

6 (3) TECH-PREP PROGRAMS.—Section 

7 203(c)(2)(E) of the Carl D. Perkins Career and 

8 Technical Education Act of 2006 (20 U.S.C. 

9 2373(c)(2)(E)) is amended by striking ‘‘industry10 recognized credential, a certificate,’’ and inserting 

11 ‘‘recognized postsecondary credential (as defined in 

12 section 103 of the Investing in America’s Workforce 

13 Act and approved by the eligible agency),’’. 

14 (c) TRAINING PROGRAMS UNDER TAA.—Section 

15 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is 

16 amended by adding at the end the following: 

17 ‘‘(12) In approving training programs for adversely 

18 affected workers and adversely affected incumbent work19 ers under paragraph (1), the Secretary may give priority 

20 consideration to workers seeking training through pro21 grams that are approved in conjunction with eligibility de22 cisions made under section 122 of the Workforce Invest23 ment Act of 1998 (29 U.S.C. 2842), and that lead to rec24 ognized postsecondary credentials (as defined in section 

25 103 of the Investing in America’s Workforce Act) that are 


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1 aligned with in-demand occupations or industries in the 

2 local area (defined for purposes of title I of the Workforce 

3 Investment Act of 1998 (29 U.S.C. 2801 et seq.)) in4 volved.’’. 

5 SEC. 103. DEFINITIONS. 

6 In this title: 

7 (1) INDUSTRY-RECOGNIZED.—The term ‘‘indus8 try-recognized’’, used with respect to a credential, 

9 means a credential that— 

10 (A) is sought or accepted by employers 

11 within the industry sector involved as recog12 nized, preferred, or required for recruitment, 

13 screening, hiring, or advancement; and 

14 (B) is a nationally portable credential, 

15 meaning a credential that is sought or accepted 

16 across multiple States, as described in subpara17 graph (A). 

18 (2) RECOGNIZED POSTSECONDARY CREDEN19 TIAL.—The term ‘‘recognized postsecondary creden20 tial’’ means a credential consisting of an industry21 recognized credential for postsecondary training, a 

22 certificate that meets the requirements of subpara23 graphs (A) and (C) of paragraph (1) for postsec24 ondary training, a certificate of completion of a post25 secondary apprenticeship through a program deVerDate Mar 15 2010 03:41 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3355.IH H3355

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1 scribed in section 122(a)(2)(B) of the Workforce In2 vestment Act of 1998 (29 U.S.C. 2842(a)(2)(B)), or 

3 an associate degree or baccalaureate degree awarded 

4 by an institution of higher education (as defined in 

5 section 102 of the Higher Education Act of 1965 

6 (20 U.S.C. 1002)). 

7 SEC. 104. RULE OF CONSTRUCTION. 

8 Nothing in this title shall be construed to require an 

9 entity with responsibility for selecting or approving an 

10 education, training, or workforce investment activities pro11 gram with regard to a covered provision, to select a pro12 gram with a recognized postsecondary credential or certifi13 cate as defined by this title. 

14 SEC. 105. EFFECTIVE DATE. 

15 This title, and the amendments made by this title, 

16 take effect 120 days after the date of enactment of this 

17 Act. 

18 TITLE II—RESEARCH AND 

19 DEVELOPMENT TAX CREDITS 

20 SEC. 201. EXTENSION OF RESEARCH CREDIT; ALTERNATIVE 

21 SIMPLIFIED RESEARCH CREDIT INCREASED 

22 AND MADE PERMANENT. 

23 (a) EXTENSION OF CREDIT.— 

24 (1) IN GENERAL.—Subparagraph (B) of section 

25 41(h)(1) of the Internal Revenue Code of 1986 is 


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1 amended by striking ‘‘December 31, 2013’’ and in2 serting ‘‘December 31, 2014’’. 

3 (2) CONFORMING AMENDMENT.—Subparagraph 

4 (D) of section 45C(b)(1) of such Code is amended 

5 by striking ‘‘December 31, 2013’’ and inserting 

6 ‘‘December 31, 2014’’. 

7 (3) EFFECTIVE DATE.—The amendments made 

8 by this subsection shall apply to amounts paid or in9 curred after December 31, 2013. 

10 (b) ALTERNATIVE SIMPLIFIED RESEARCH CREDIT

11 INCREASED AND MADE PERMANENT.— 

12 (1) INCREASED CREDIT.—Subparagraph (A) of 

13 section 41(c)(5) of such Code (relating to election of 

14 alternative simplified credit) is amended by striking 

15 ‘‘14 percent (12 percent in the case of taxable years 

16 ending before January 1, 2009)’’ and inserting ‘‘20 

17 percent’’. 

18 (2) CREDIT MADE PERMANENT.— 

19 (A) IN GENERAL.—Subsection (h) of sec20 tion 41 of such Code is amended by redesig21 nating the paragraph (2) relating to computa22 tion of taxable year in which credit terminates 

23 as paragraph (4) and by inserting before such 

24 paragraph the following new paragraph: 


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1 ‘‘(3) TERMINATION NOT TO APPLY TO ALTER2 NATIVE SIMPLIFIED CREDIT.—Paragraph (1) shall 

3 not apply to the credit determined under subsection 

4 (c)(5).’’. 

5 (B) CONFORMING AMENDMENT.—Para6 graph (4) of section 41(h) of such Code, as re7 designated by subparagraph (A), is amended to 

8 read as follows: 

9 ‘‘(4) COMPUTATION FOR TAXABLE YEAR IN

10 WHICH CREDIT TERMINATES.—In the case of any 

11 taxable year with respect to which this section ap12 plies to a number of days which is less than the total 

13 number of days in such taxable year, the amount de14 termined under subsection (c)(1)(B) with respect to 

15 such taxable year shall be the amount which bears 

16 the same ratio to such amount (determined without 

17 regard to this paragraph) as the number of days in 

18 such taxable year to which this section applies bears 

19 to the total number of days in such taxable year.’’. 

20 (3) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall apply to taxable years end22 ing after December 31, 2012. 


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1 TITLE III—COMPREHENSIVE TAX 

2 REFORM 

3 SEC. 301. COMPREHENSIVE REFORM OF UNITED STATES 

4 TAX LAWS; EXPEDITED CONSIDERATION. 

5 (a) DEFINITION.—For purposes of this section, the 

6 term ‘‘tax reform bill’’ means a bill of the 113th Con7 gress— 

8 (1) introduced in the House of Representatives 

9 by the chair of the Committee on Ways and Means 

10 not later than the end of the 113th Congress the 

11 title of which is as follows: ‘‘A bill to provide for 

12 comprehensive tax reform.’’; and 

13 (2) which is the subject of a certification under 

14 subsection (b). 

15 (b) CERTIFICATION.—The chair of the Joint Com16 mittee on Taxation shall notify the House and Senate in 

17 writing whenever the chair of the Joint Committee deter18 mines that an introduced bill described in subsection 

19 (a)(1) contains at least each of the following proposals: 

20 (1) A transition to a more globally competitive 

21 corporate tax code for United States businesses. 

22 (2) A reduction in the complexity of the tax 

23 code. 

24 (3) The elimination of special interest loopholes. 


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1 (c) EXPEDITED CONSIDERATION IN THE HOUSE OF

2 REPRESENTATIVES.— 

3 (1) Any committee of the House of Representa4 tives to which the tax reform bill is referred shall re5 port it to the House not later than 20 calendar days 

6 after the date of its introduction. If a committee 

7 fails to report the tax reform bill within that period, 

8 such committee shall be automatically discharged 

9 from further consideration of the bill. 

10 (2) If the House has not otherwise proceeded to 

11 the consideration of the tax reform bill upon the ex12 piration of 15 legislative days after the bill has been 

13 placed on the Union Calendar, it shall be in order 

14 for the Majority Leader or a designee (or, after the 

15 expiration of an additional 2 legislative days, any 

16 Member), to offer one motion that the House resolve 

17 into the Committee of the Whole House on the state 

18 of the Union for the consideration of the tax reform 

19 bill. The previous question shall be considered as or20 dered on the motion to its adoption without inter21 vening motion except 20 minutes of debate equally 

22 divided and controlled by the proponent and an op23 ponent. If such a motion is adopted, consideration 

24 shall proceed in accordance with paragraph (3). A 


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1 motion to reconsider the vote by which the motion 

2 is disposed of shall not be in order. 

3 (3) The first reading of the bill shall be dis4 pensed with. General debate shall be confined to the 

5 bill and shall not exceed 4 hours, equally divided and 

6 controlled by the chair and ranking minority mem7 ber of the Committee on Ways and Means. At the 

8 conclusion of general debate, the bill shall be read 

9 for amendment under the five-minute rule. Any com10 mittee amendment shall be considered as read. At 

11 the conclusion of consideration of the bill for amend12 ment the Committee shall rise and report the bill to 

13 the House with such amendments as may have been 

14 adopted. The previous question shall be considered 

15 as ordered on the bill and amendments thereto to 

16 final passage without intervening motion except one 

17 motion to recommit with or without instructions. A 

18 motion to reconsider the vote on passage of the bill 

19 shall not be in order. 

20 (d) EXPEDITED CONSIDERATION IN THE SENATE.— 

21 (1) COMMITTEE CONSIDERATION.—A tax re22 form bill, as defined in subsection (a), received in 

23 the Senate shall be referred to the Committee on Fi24 nance. The Committee shall report the bill not later 

25 than 15 calendar days after receipt of the bill in the 


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1 Senate. If the Committee fails to report the bill 

2 within that period, that committee shall be dis3 charged from consideration of the bill, and the bill 

4 shall be placed on the calendar. 

5 (2) MOTION TO PROCEED.—Notwithstanding 

6 rule XXII of the Standing Rules of the Senate, it is 

7 in order, not later than 2 days of session after the 

8 date on which the tax reform bill is reported or dis9 charged from committee, for the majority leader of 

10 the Senate or the majority leader’s designee to move 

11 to proceed to the consideration of the tax reform 

12 bill. It shall also be in order for any Member of the 

13 Senate to move to proceed to the consideration of 

14 the tax reform bill at any time after the conclusion 

15 of such 2-day period. A motion to proceed is in order 

16 even though a previous motion to the same effect 

17 has been disagreed to. All points of order against 

18 the motion to proceed to the tax reform bill are 

19 waived. The motion to proceed is not debatable. The 

20 motion is not subject to a motion to postpone. 

21 (3) CONSIDERATION.—No motion to recommit 

22 shall be in order and debate on any motion or appeal 

23 shall be limited to one hour, to be divided in the 

24 usual form. 


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1 (4) AMENDMENTS.—All amendments must be 

2 relevant to the bill and debate on any amendment 

3 shall be limited to 2 hours to be equally divided in 

4 the usual form between the opponents and pro5 ponents of the amendment. Debate on any amend6 ment to an amendment, debatable motion, or appeal 

7 shall be limited to 1 hour to be equally divided in 

8 the usual form between the opponents and pro9 ponents of the amendment. 

10 (5) VOTE ON PASSAGE.—If the Senate has pro11 ceeded to the bill, and following the conclusion of all 

12 debate, the Senate shall proceed to a vote on pas13 sage of the bill as amended, if amended. 

14 (e) CONFERENCE IN THE HOUSE.—If the House re15 ceives a message that the Senate has passed the tax re16 form bill with an amendment or amendments, it shall be 

17 in order for the chair of the Committee on Ways and 

18 Means or a designee, without intervention of any point of 

19 order, to offer any motion specified in clause 1 of rule 

20 XXII. 

21 (f) CONFERENCE IN THE SENATE.—If the Senate re22 ceives from the House a message to accompany the tax 

23 reform bill, as defined in subsection (a), then no later than 

24 two session days after its receipt— 


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1 (1) the Chair shall lay the message before the 

2 Senate; 

3 (2) the motion to insist on the Senate amend4 ment or disagree to the House amendment or 

5 amendments to the Senate amendment, the request 

6 for a conference with the House or the motion to 

7 agree to the request of the House for a conference, 

8 and the motion to authorize the Chair to appoint 

9 conferees on the part of the Senate shall be agreed 

10 to; and 

11 (3) the Chair shall then be authorized to ap12 point conferees on the part of the Senate without in13 tervening motion, with a ratio agreed to with the 

14 concurrence of both leaders. 

15 (g) RULEMAKING.—This section is enacted by the 

16 Congress as an exercise of the rulemaking power of the 

17 House of Representatives and Senate, respectively, and as 

18 such is deemed a part of the rules of each House, respec19 tively, or of that House to which they specifically apply, 

20 and such procedures supersede other rules only to the ex21 tent that they are inconsistent with such rules; and with 

22 full recognition of the constitutional right of either House 

23 to change the rules (so far as relating to the procedures 

24 of that House) at any time, in the same manner, and to 

25 the same extent as any other rule of that House. 


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1 TITLE IV—FEDERAL OIL AND 

2 GAS RESOURCES 

3 Subtitle A—Expanding Offshore 

4 Energy Development 

5 SEC. 411. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

6 (a) IN GENERAL.—Section 18(a) of the Outer Conti7 nental Shelf Lands Act (43 U.S.C. 1344(a)) is amended 

8 by adding at the end the following: 

9 ‘‘(5)(A) In each oil and gas leasing program 

10 under this section, the Secretary shall make avail11 able for leasing and conduct lease sales including— 

12 ‘‘(i) at least 50 percent of the available un13 leased acreage within each outer Continental 

14 Shelf planning area considered to have the larg15 est undiscovered, technically recoverable oil and 

16 gas resources (on a total btu basis) based upon 

17 the most recent national geologic assessment of 

18 the outer Continental Shelf, with an emphasis 

19 on offering the most geologically prospective 

20 parts of the planning area; and 

21 ‘‘(ii) any State subdivision of an outer 

22 Continental Shelf planning area that the Gov23 ernor of the State that represents that subdivi24 sion requests be made available for leasing. 


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1 ‘‘(B) In this paragraph the term ‘available un2 leased acreage’ means that portion of the outer Con3 tinental Shelf that is not under lease at the time of 

4 a proposed lease sale, and that has not otherwise 

5 been made unavailable for leasing by law. 

6 ‘‘(6)(A) In each 5-year oil and gas leasing pro7 gram, the Secretary shall make available for leasing 

8 any outer Continental Shelf planning areas that— 

9 ‘‘(i) are estimated to contain more than 

10 2,500,000,000 barrels of oil; or 

11 ‘‘(ii) are estimated to contain more than 

12 7,500,000,000,000 cubic feet of natural gas. 

13 ‘‘(B) To determine the planning areas described 

14 in subparagraph (A), the Secretary shall use the 

15 document entitled ‘Minerals Management Service 

16 Assessment of Undiscovered Technically Recoverable 

17 Oil and Gas Resources of the Nation’s Outer Conti18 nental Shelf, 2006’.’’. 

19 (b) RELATIONSHIP TO EXISTING PLAN.—The 

20 amendments made by subsection (a) shall not affect the 

21 2012–2017 5-year oil and gas leasing program. 


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1 SEC. 412. DOMESTIC OIL AND NATURAL GAS PRODUCTION 

2 GOAL. 

3 (a) IN GENERAL.—Section 18(b) of the Outer Conti4 nental Shelf Lands Act (43 U.S.C. 1344(b)) is amended 

5 to read as follows: 

6 ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRODUC7 TION GOAL.—– 

8 ‘‘(1) IN GENERAL.—In developing a 5-year oil 

9 and gas leasing program, and subject to paragraph 

10 (2), the Secretary shall determine a domestic stra11 tegic production goal for the development of oil and 

12 natural gas as a result of that program. Such goal 

13 shall be— 

14 ‘‘(A) the best estimate of the possible in15 crease in domestic production of oil and natural 

16 gas from the outer Continental Shelf; 

17 ‘‘(B) focused on meeting domestic demand 

18 for oil and natural gas and reducing the de19 pendence of the United States on foreign en20 ergy; and 

21 ‘‘(C) focused on the production increases 

22 achieved by the leasing program at the end of 

23 the 15-year period beginning on the effective 

24 date of the program. 

25 ‘‘(2) PROGRAM GOAL.—For purposes of each 5- 

26 year oil and gas leasing program that applies before 


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1 2027, the production goal referred to in paragraph 

2 (1) shall be an increase by 2027, from the levels of 

3 oil and gas produced as of the date of enactment of 

4 this paragraph, of— 

5 ‘‘(A) no less than 3,000,000 barrels in the 

6 amount of oil produced per day; and 

7 ‘‘(B) no less than 10,000,000,000 cubic 

8 feet in the amount of natural gas produced per 

9 day. 

10 ‘‘(3) REPORTING.—The Secretary shall report 

11 annually, beginning at the end of the 5-year period 

12 for which the program applies, to the Committee on 

13 Natural Resources of the House of Representatives 

14 and the Committee on Energy and Natural Re15 sources of the Senate on the progress of the pro16 gram in meeting the production goal. The Secretary 

17 shall identify in the report projections for production 

18 and any problems with leasing, permitting, or pro19 duction that will prevent meeting the goal.’’. 

20 (b) RELATIONSHIP TO EXISTING PLAN.—The 

21 amendment made by subsection (a) shall not affect the 

22 2012–2017 5-year oil and gas leasing program. 


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1 Subtitle B—Coastal Plain of Alaska 

2 SEC. 421. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘American Energy 

4 Independence and Price Reduction Act’’. 

5 SEC. 422. DEFINITIONS. 

6 In this subtitle: 

7 (1) COASTAL PLAIN.—The term ‘‘Coastal 

8 Plain’’ means that area described in appendix I to 

9 part 37 of title 50, Code of Federal Regulations. 

10 (2) SECRETARY.—The term ‘‘Secretary’’, except 

11 as otherwise provided, means the Secretary of the 

12 Interior or the Secretary’s designee. 

13 SEC. 423. LEASING PROGRAM FOR LANDS WITHIN THE 

14 COASTAL PLAIN. 

15 (a) IN GENERAL.—The Secretary shall take such ac16 tions as are necessary— 

17 (1) to establish and implement, in accordance 

18 with this subtitle and acting through the Director of 

19 the Bureau of Land Management in consultation 

20 with the Director of the United States Fish and 

21 Wildlife Service, a competitive oil and gas leasing 

22 program that will result in an environmentally sound 

23 program for the exploration, development, and pro24 duction of the oil and gas resources of the Coastal 

25 Plain; and 


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1 (2) to administer the provisions of this subtitle 

2 through regulations, lease terms, conditions, restric3 tions, prohibitions, stipulations, and other provisions 

4 that ensure the oil and gas exploration, development, 

5 and production activities on the Coastal Plain will 

6 result in no significant adverse effect on fish and 

7 wildlife, their habitat, subsistence resources, and the 

8 environment, including, in furtherance of this goal, 

9 by requiring the application of the best commercially 

10 available technology for oil and gas exploration, de11 velopment, and production to all exploration, devel12 opment, and production operations under this sub13 title in a manner that ensures the receipt of fair 

14 market value by the public for the mineral resources 

15 to be leased. 

16 (b) REPEAL.— 

17 (1) REPEAL.—Section 1003 of the Alaska Na18 tional Interest Lands Conservation Act of 1980 (16 

19 U.S.C. 3143) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents in section 1 of such Act is amended by 

22 striking the item relating to section 1003. 

23 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER24 TAIN OTHER LAWS.— 


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1 (1) COMPATIBILITY.—For purposes of the Na2 tional Wildlife Refuge System Administration Act of 

3 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

4 leasing program and activities authorized by this 

5 section in the Coastal Plain are deemed to be com6 patible with the purposes for which the Arctic Na7 tional Wildlife Refuge was established, and no fur8 ther findings or decisions are required to implement 

9 this determination. 

10 (2) ADEQUACY OF THE DEPARTMENT OF THE

11 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

12 STATEMENT.—The ‘‘Final Legislative Environ13 mental Impact Statement’’ (April 1987) on the 

14 Coastal Plain prepared pursuant to section 1002 of 

15 the Alaska National Interest Lands Conservation 

16 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

17 of the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re19 quirements under the National Environmental Policy 

20 Act of 1969 that apply with respect to prelease ac21 tivities, including actions authorized to be taken by 

22 the Secretary to develop and promulgate the regula23 tions for the establishment of a leasing program au24 thorized by this subtitle before the conduct of the 

25 first lease sale. 


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1 (3) COMPLIANCE WITH NEPA FOR OTHER AC2 TIONS.—Before conducting the first lease sale under 

3 this subtitle, the Secretary shall prepare an environ4 mental impact statement under the National Envi5 ronmental Policy Act of 1969 with respect to the ac6 tions authorized by this subtitle that are not re7 ferred to in paragraph (2). Notwithstanding any 

8 other law, the Secretary is not required to identify 

9 nonleasing alternative courses of action or to analyze 

10 the environmental effects of such courses of action. 

11 The Secretary shall only identify a preferred action 

12 for such leasing and a single leasing alternative, and 

13 analyze the environmental effects and potential miti14 gation measures for those two alternatives. The 

15 identification of the preferred action and related 

16 analysis for the first lease sale under this subtitle 

17 shall be completed within 18 months after the date 

18 of enactment of this subtitle. The Secretary shall 

19 only consider public comments that specifically ad20 dress the Secretary’s preferred action and that are 

21 filed within 20 days after publication of an environ22 mental analysis. Notwithstanding any other law, 

23 compliance with this paragraph is deemed to satisfy 

24 all requirements for the analysis and consideration 


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1 of the environmental effects of proposed leasing 

2 under this subtitle. 

3 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR4 ITY.—Nothing in this subtitle shall be considered to ex5 pand or limit State and local regulatory authority. 

6 (e) SPECIAL AREAS.— 

7 (1) IN GENERAL.—The Secretary, after con8 sultation with the State of Alaska, the city of 

9 Kaktovik, and the North Slope Borough, may des10 ignate up to a total of 45,000 acres of the Coastal 

11 Plain as a Special Area if the Secretary determines 

12 that the Special Area is of such unique character 

13 and interest so as to require special management 

14 and regulatory protection. The Secretary shall des15 ignate as such a Special Area the Sadlerochit Spring 

16 area, comprising approximately 4,000 acres. 

17 (2) MANAGEMENT.—Each such Special Area 

18 shall be managed so as to protect and preserve the 

19 area’s unique and diverse character including its 

20 fish, wildlife, and subsistence resource values. 

21 (3) EXCLUSION FROM LEASING OR SURFACE

22 OCCUPANCY.—The Secretary may exclude any Spe23 cial Area from leasing. If the Secretary leases a Spe24 cial Area, or any part thereof, for purposes of oil 

25 and gas exploration, development, production, and 


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1 related activities, there shall be no surface occu2 pancy of the lands comprising the Special Area. 

3 (4) DIRECTIONAL DRILLING.—Notwithstanding 

4 the other provisions of this subsection, the Secretary 

5 may lease all or a portion of a Special Area under 

6 terms that permit the use of horizontal drilling tech7 nology from sites on leases located outside the Spe8 cial Area. 

9 (f) LIMITATION ON CLOSED AREAS.—The Sec10 retary’s sole authority to close lands within the Coastal 

11 Plain to oil and gas leasing and to exploration, develop12 ment, and production is that set forth in this subtitle. 

13 (g) REGULATIONS.— 

14 (1) IN GENERAL.—The Secretary shall pre15 scribe such regulations as may be necessary to carry 

16 out this subtitle, including rules and regulations re17 lating to protection of the fish and wildlife, their 

18 habitat, subsistence resources, and environment of 

19 the Coastal Plain, by no later than 15 months after 

20 the date of enactment of this subtitle. 

21 (2) REVISION OF REGULATIONS.—The Sec22 retary shall periodically review and, if appropriate, 

23 revise the rules and regulations issued under sub24 section (a) to reflect any significant biological, enviVerDate Mar 15 2010 03:41 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3355.IH H3355

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1 ronmental, or engineering data that come to the Sec2 retary’s attention. 

3 SEC. 424. LEASE SALES. 

4 (a) IN GENERAL.—Lands may be leased pursuant to 

5 this subtitle to any person qualified to obtain a lease for 

6 deposits of oil and gas under the Mineral Leasing Act (30 

7 U.S.C. 181 et seq.). 

8 (b) PROCEDURES.—The Secretary shall, by regula9 tion, establish procedures for— 

10 (1) receipt and consideration of sealed nomina11 tions for any area in the Coastal Plain for inclusion 

12 in, or exclusion (as provided in subsection (c)) from, 

13 a lease sale; 

14 (2) the holding of lease sales after such nomina15 tion process; and 

16 (3) public notice of and comment on designa17 tion of areas to be included in, or excluded from, a 

18 lease sale. 

19 (c) LEASE SALE BIDS.— 

20 (1) IN GENERAL.—Bidding for leases under 

21 this subtitle shall be by sealed competitive cash 

22 bonus bids, except as provided in paragraph (2). 

23 (2) LEASE SALE BIDS.—Lease sales under this 

24 subtitle may be conducted through an Internet leas25 ing program, if the Secretary determines that such 


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1 a system will result in savings to the taxpayer, an 

2 increase in the number of bidders participating, and 

3 higher returns than oral bidding or a sealed bidding 

4 system. 

5 (d) ACREAGE MINIMUM IN FIRST SALE.—In the first 

6 lease sale under this subtitle, the Secretary shall offer for 

7 lease those tracts the Secretary considers to have the 

8 greatest potential for the discovery of hydrocarbons, tak9 ing into consideration nominations received pursuant to 

10 subsection (b)(1), but in no case less than 200,000 acres. 

11 (e) TIMING OF LEASE SALES.—The Secretary 

12 shall— 

13 (1) conduct the first lease sale under this sub14 title within 22 months after the date of the enact15 ment of this subtitle; 

16 (2) evaluate the bids in such sale and issue 

17 leases resulting from such sale, within 90 days after 

18 the date of the completion of such sale; and 

19 (3) conduct additional sales so long as sufficient 

20 interest in development exists to warrant, in the Sec21 retary’s judgment, the conduct of such sales. 

22 SEC. 425. GRANT OF LEASES BY THE SECRETARY. 

23 (a) IN GENERAL.—The Secretary may grant to the 

24 highest responsible qualified bidder in a lease sale con25 ducted pursuant to section 424 any lands to be leased on 


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1 the Coastal Plain upon payment by the lessee of such 

2 bonus as may be accepted by the Secretary. 

3 (b) SUBSEQUENT TRANSFERS.—No lease issued 

4 under this subtitle may be sold, exchanged, assigned, sub5 let, or otherwise transferred except with the approval of 

6 the Secretary. Prior to any such approval the Secretary 

7 shall consult with, and give due consideration to the views 

8 of, the Attorney General. 

9 SEC. 426. LEASE TERMS AND CONDITIONS. 

10 (a) IN GENERAL.—An oil or gas lease issued pursu11 ant to this subtitle shall— 

12 (1) provide for the payment of a royalty of not 

less than 121 13 ⁄2 percent in amount or value of the 

14 production removed or sold from the lease, as deter15 mined by the Secretary under the regulations appli16 cable to other Federal oil and gas leases; 

17 (2) provide that the Secretary may close, on a 

18 seasonal basis, portions of the Coastal Plain to ex19 ploratory drilling activities as necessary to protect 

20 caribou calving areas and other species of fish and 

21 wildlife; 

22 (3) require that the lessee of lands within the 

23 Coastal Plain shall be fully responsible and liable for 

24 the reclamation of lands within the Coastal Plain 

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1 fected in connection with exploration, development, 

2 production, or transportation activities conducted 

3 under the lease and within the Coastal Plain by the 

4 lessee or by any of the subcontractors or agents of 

5 the lessee; 

6 (4) provide that the lessee may not delegate or 

7 convey, by contract or otherwise, the reclamation re8 sponsibility and liability to another person without 

9 the express written approval of the Secretary; 

10 (5) provide that the standard of reclamation for 

11 lands required to be reclaimed under this subtitle 

12 shall be, as nearly as practicable, a condition capable 

13 of supporting the uses which the lands were capable 

14 of supporting prior to any exploration, development, 

15 or production activities, or upon application by the 

16 lessee, to a higher or better use as approved by the 

17 Secretary; 

18 (6) contain terms and conditions relating to 

19 protection of fish and wildlife, their habitat, subsist20 ence resources, and the environment as required 

21 pursuant to section 423(a)(2); 

22 (7) provide that the lessee, its agents, and its 

23 contractors use best efforts to provide a fair share, 

24 as determined by the level of obligation previously 

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1 tion 29 of the Federal Agreement and Grant of 

2 Right of Way for the Operation of the Trans-Alaska 

3 Pipeline, of employment and contracting for Alaska 

4 Natives and Alaska Native Corporations from 

5 throughout the State; 

6 (8) prohibit the export of oil produced under 

7 the lease; and 

8 (9) contain such other provisions as the Sec9 retary determines necessary to ensure compliance 

10 with the provisions of this subtitle and the regula11 tions issued under this subtitle. 

12 (b) PROJECT LABOR AGREEMENTS.—The Secretary, 

13 as a term and condition of each lease under this subtitle 

14 and in recognizing the Government’s proprietary interest 

15 in labor stability and in the ability of construction labor 

16 and management to meet the particular needs and condi17 tions of projects to be developed under the leases issued 

18 pursuant to this subtitle and the special concerns of the 

19 parties to such leases, shall require that the lessee and 

20 its agents and contractors negotiate to obtain a project 

21 labor agreement for the employment of laborers and me22 chanics on production, maintenance, and construction 

23 under the lease. 


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1 SEC. 427. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

2 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

3 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

4 The Secretary shall, consistent with the requirements of 

5 section 423, administer the provisions of this subtitle 

6 through regulations, lease terms, conditions, restrictions, 

7 prohibitions, stipulations, and other provisions that— 

8 (1) ensure the oil and gas exploration, develop9 ment, and production activities on the Coastal Plain 

10 will result in no significant adverse effect on fish 

11 and wildlife, their habitat, and the environment; 

12 (2) require the application of the best commer13 cially available technology for oil and gas explo14 ration, development, and production on all new ex15 ploration, development, and production operations; 

16 and 

17 (3) ensure that the maximum amount of sur18 face acreage covered by production and support fa19 cilities, including airstrips and any areas covered by 

20 gravel berms or piers for support of pipelines, does 

21 not exceed 2,000 acres on the Coastal Plain. 

22 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

23 The Secretary shall also require, with respect to any pro24 posed drilling and related activities, that— 

25 (1) a site-specific analysis be made of the prob26 able effects, if any, that the drilling or related activiVerDate Mar 15 2010 03:41 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3355.IH H3355

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1 ties will have on fish and wildlife, their habitat, sub2 sistence resources, and the environment; 

3 (2) a plan be implemented to avoid, minimize, 

4 and mitigate (in that order and to the extent prac5 ticable) any significant adverse effect identified 

6 under paragraph (1); and 

7 (3) the development of the plan shall occur 

8 after consultation with the agency or agencies hav9 ing jurisdiction over matters mitigated by the plan. 

10 (c) REGULATIONS TO PROTECT COASTAL PLAIN

11 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

12 AND THE ENVIRONMENT.—Before implementing the leas13 ing program authorized by this subtitle, the Secretary 

14 shall prepare and promulgate regulations, lease terms, 

15 conditions, restrictions, prohibitions, stipulations, and 

16 other measures designed to ensure that the activities un17 dertaken on the Coastal Plain under this subtitle are con18 ducted in a manner consistent with the purposes and envi19 ronmental requirements of this subtitle. 

20 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI21 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

22 proposed regulations, lease terms, conditions, restrictions, 

23 prohibitions, and stipulations for the leasing program 

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1 cable provisions of Federal and State environmental law, 

2 and shall also require the following: 

3 (1) Standards at least as effective as the safety 

4 and environmental mitigation measures set forth in 

5 items 1 through 29 at pages 167 through 169 of the 

6 ‘‘Final Legislative Environmental Impact State7 ment’’ (April 1987) on the Coastal Plain. 

8 (2) Seasonal limitations on exploration, develop9 ment, and related activities, where necessary, to 

10 avoid significant adverse effects during periods of 

11 concentrated fish and wildlife breeding, denning, 

12 nesting, spawning, and migration. 

13 (3) That exploration activities, except for sur14 face geological studies, be limited to the period be15 tween approximately November 1 and May 1 each 

16 year and that exploration activities shall be sup17 ported, if necessary, by ice roads, winter trails with 

18 adequate snow cover, ice pads, ice airstrips, and air 

19 transport methods, except that such exploration ac20 tivities may occur at other times if the Secretary 

21 finds that such exploration will have no significant 

22 adverse effect on the fish and wildlife, their habitat, 

23 and the environment of the Coastal Plain. 


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1 (4) Design safety and construction standards 

2 for all pipelines and any access and service roads, 

3 that— 

4 (A) minimize, to the maximum extent pos5 sible, adverse effects upon the passage of mi6 gratory species such as caribou; and 

7 (B) minimize adverse effects upon the flow 

8 of surface water by requiring the use of cul9 verts, bridges, and other structural devices. 

10 (5) Prohibitions on general public access and 

11 use on all pipeline access and service roads. 

12 (6) Stringent reclamation and rehabilitation re13 quirements, consistent with the standards set forth 

14 in this subtitle, requiring the removal from the 

15 Coastal Plain of all oil and gas development and 

16 production facilities, structures, and equipment upon 

17 completion of oil and gas production operations, ex18 cept that the Secretary may exempt from the re19 quirements of this paragraph those facilities, struc20 tures, or equipment that the Secretary determines 

21 would assist in the management of the Arctic Na22 tional Wildlife Refuge and that are donated to the 

23 United States for that purpose. 

24 (7) Appropriate prohibitions or restrictions on 

25 access by all modes of transportation. 


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1 (8) Appropriate prohibitions or restrictions on 

2 sand and gravel extraction. 

3 (9) Consolidation of facility siting. 

4 (10) Appropriate prohibitions or restrictions on 

5 use of explosives. 

6 (11) Avoidance, to the extent practicable, of 

7 springs, streams, and river system; the protection of 

8 natural surface drainage patterns, wetlands, and ri9 parian habitats; and the regulation of methods or 

10 techniques for developing or transporting adequate 

11 supplies of water for exploratory drilling. 

12 (12) Avoidance or minimization of air traffic-re13 lated disturbance to fish and wildlife. 

14 (13) Treatment and disposal of hazardous and 

15 toxic wastes, solid wastes, reserve pit fluids, drilling 

16 muds and cuttings, and domestic wastewater, includ17 ing an annual waste management report, a haz18 ardous materials tracking system, and a prohibition 

19 on chlorinated solvents, in accordance with applica20 ble Federal and State environmental law. 

21 (14) Fuel storage and oil spill contingency plan22 ning. 

23 (15) Research, monitoring, and reporting re24 quirements. 

25 (16) Field crew environmental briefings. 


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1 (17) Avoidance of significant adverse effects 

2 upon subsistence hunting, fishing, and trapping by 

3 subsistence users. 

4 (18) Compliance with applicable air and water 

5 quality standards. 

6 (19) Appropriate seasonal and safety zone des7 ignations around well sites, within which subsistence 

8 hunting and trapping shall be limited. 

9 (20) Reasonable stipulations for protection of 

10 cultural and archeological resources. 

11 (21) All other protective environmental stipula12 tions, restrictions, terms, and conditions deemed 

13 necessary by the Secretary. 

14 (e) CONSIDERATIONS.—In preparing and promul15 gating regulations, lease terms, conditions, restrictions, 

16 prohibitions, and stipulations under this section, the Sec17 retary shall consider the following: 

18 (1) The stipulations and conditions that govern 

19 the National Petroleum Reserve-Alaska leasing pro20 gram, as set forth in the 1999 Northeast National 

21 Petroleum Reserve-Alaska Final Integrated Activity 

22 Plan/Environmental Impact Statement. 

23 (2) The environmental protection standards 

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1 ration program under parts 37.31 to 37.33 of title 

2 50, Code of Federal Regulations. 

3 (3) The land use stipulations for exploratory 

4 drilling on the KIC–ASRC private lands that are set 

5 forth in appendix 2 of the August 9, 1983, agree6 ment between the Arctic Slope Regional Corporation 

7 and the United States. 

8 (f) FACILITY CONSOLIDATION PLANNING.— 

9 (1) IN GENERAL.—The Secretary shall, after 

10 providing for public notice and comment, prepare 

11 and update periodically a plan to govern, guide, and 

12 direct the siting and construction of facilities for the 

13 exploration, development, production, and transpor14 tation of Coastal Plain oil and gas resources. 

15 (2) OBJECTIVES.—The plan shall have the fol16 lowing objectives: 

17 (A) Avoiding unnecessary duplication of fa18 cilities and activities. 

19 (B) Encouraging consolidation of common 

20 facilities and activities. 

21 (C) Locating or confining facilities and ac22 tivities to areas that will minimize impact on 

23 fish and wildlife, their habitat, and the environ24 ment. 


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1 (D) Utilizing existing facilities wherever 

2 practicable. 

3 (E) Enhancing compatibility between wild4 life values and development activities. 

5 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

6 shall— 

7 (1) manage public lands in the Coastal Plain 

8 subject to subsections (a) and (b) of section 811 of 

9 the Alaska National Interest Lands Conservation 

10 Act (16 U.S.C. 3121); and 

11 (2) ensure that local residents shall have rea12 sonable access to public lands in the Coastal Plain 

13 for traditional uses. 

14 SEC. 428. EXPEDITED JUDICIAL REVIEW. 

15 (a) FILING OF COMPLAINT.— 

16 (1) DEADLINE.—Subject to paragraph (2), any 

17 complaint seeking judicial review of any provision of 

18 this subtitle or any action of the Secretary under 

19 this subtitle shall be filed— 

20 (A) except as provided in subparagraph 

21 (B), within the 90-day period beginning on the 

22 date of the action being challenged; or 

23 (B) in the case of a complaint based solely 

24 on grounds arising after such period, within 90 

25 days after the complainant knew or reasonably 


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1 should have known of the grounds for the com2 plaint. 

3 (2) VENUE.—Any complaint seeking judicial re4 view of any provision of this subtitle or any action 

5 of the Secretary under this subtitle may be filed only 

6 in the United States Court of Appeals for the Dis7 trict of Columbia. 

8 (3) LIMITATION ON SCOPE OF CERTAIN RE9 VIEW.—Judicial review of a Secretarial decision to 

10 conduct a lease sale under this subtitle, including 

11 the environmental analysis thereof, shall be limited 

12 to whether the Secretary has complied with the 

13 terms of this subtitle and shall be based upon the 

14 administrative record of that decision. The Sec15 retary’s identification of a preferred course of action 

16 to enable leasing to proceed and the Secretary’s 

17 analysis of environmental effects under this subtitle 

18 shall be presumed to be correct unless shown other19 wise by clear and convincing evidence to the con20 trary. 

21 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

22 Secretary with respect to which review could have been 

23 obtained under this section shall not be subject to judicial 

24 review in any civil or criminal proceeding for enforcement. 


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1 SEC. 429. TREATMENT OF REVENUES. 

2 Notwithstanding any other provision of law, 50 per3 cent of the amount of bonus, rental, and royalty revenues 

4 from Federal oil and gas leasing and operations author5 ized under this subtitle shall be deposited in the ANWR 

6 Alternative Energy Trust Fund established by section 

7 432. 

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

9 (a) IN GENERAL.—The Secretary shall issue rights10 of-way and easements across the Coastal Plain for the 

11 transportation of oil and gas— 

12 (1) except as provided in paragraph (2), under 

13 section 28 of the Mineral Leasing Act (30 U.S.C. 

14 185), without regard to title XI of the Alaska Na15 tional Interest Lands Conservation Act (30 U.S.C. 

16 3161 et seq.); and 

17 (2) under title XI of the Alaska National Inter18 est Lands Conservation Act (30 U.S.C. 3161 et 

19 seq.), for access authorized by sections 1110 and 

20 1111 of that Act (16 U.S.C. 3170 and 3171). 

21 (b) TERMS AND CONDITIONS.—The Secretary shall 

22 include in any right-of-way or easement issued under sub23 section (a) such terms and conditions as may be necessary 

24 to ensure that transportation of oil and gas does not result 

25 in a significant adverse effect on the fish and wildlife, sub26 sistence resources, their habitat, and the environment of 


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1 the Coastal Plain, including requirements that facilities be 

2 sited or designed so as to avoid unnecessary duplication 

3 of roads and pipelines. 

4 (c) REGULATIONS.—The Secretary shall include in 

5 regulations under section 423(g) provisions granting 

6 rights-of-way and easements described in subsection (a) 

7 of this section. 

8 SEC. 431. CONVEYANCE. 

9 In order to maximize Federal revenues by removing 

10 clouds on title to lands and clarifying land ownership pat11 terns within the Coastal Plain, the Secretary, notwith12 standing the provisions of section 1302(h)(2) of the Alas13 ka National Interest Lands Conservation Act (16 U.S.C. 

14 3192(h)(2)), shall convey— 

15 (1) to the Kaktovik Inupiat Corporation the 

16 surface estate of the lands described in paragraph 1 

17 of Public Land Order 6959, to the extent necessary 

18 to fulfill the Corporation’s entitlement under sec19 tions 12 and 14 of the Alaska Native Claims Settle20 ment Act (43 U.S.C. 1611 and 1613) in accordance 

21 with the terms and conditions of the Agreement be22 tween the Department of the Interior, the United 

23 States Fish and Wildlife Service, the Bureau of 

24 Land Management, and the Kaktovik Inupiat Cor25 poration effective January 22, 1993; and 


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1 (2) to the Arctic Slope Regional Corporation 

2 the remaining subsurface estate to which it is enti3 tled pursuant to the August 9, 1983, agreement be4 tween the Arctic Slope Regional Corporation and the 

5 United States of America. 

6 SEC. 432. ANWR ALTERNATIVE ENERGY TRUST FUND. 

7 (a) ESTABLISHMENT OF TRUST FUND.—There is es8 tablished in the Treasury of the United States a trust fund 

9 to be known as the ‘‘ANWR Alternative Energy Trust 

10 Fund’’, consisting of such amounts as may be transferred 

11 to the ANWR Alternative Energy Trust Fund as provided 

12 in section 429. 

13 (b) EXPENDITURES FROM ANWR ALTERNATIVE

14 ENERGY TRUST FUND.— 

15 (1) IN GENERAL.—Amounts in the ANWR Al16 ternative Energy Trust Fund shall be available with17 out further appropriation to carry out specified pro18 visions of the Energy Policy Act of 2005 (Public 

19 Law 109–58; in this section referred to as 

20 ‘‘EPAct2005’’) and the Energy Independence and 

21 Security Act of 2007 (Public Law 110–140; in this 

22 section referred to as ‘‘EISAct2007’’), as follows: 


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To carry out the provisions of: 

The following 

percentage of 

annual receipts to 

the ANWR Alternative 

Energy Trust Fund, 

but not to exceed 

the limit on amount 

authorized, if any: 

EPAct2005: 

Section 210 ....................................... 1.5 percent

Section 242 ....................................... 1.0 percent

Section 369 ....................................... 2.0 percent

Section 401 ....................................... 6.0 percent

Section 812 ....................................... 6.0 percent

Section 931 ....................................... 19.0 percent

Section 942 ....................................... 1.5 percent

Section 962 ....................................... 3.0 percent

Section 968 ....................................... 1.5 percent

Section 1704 ..................................... 6.0 percent

EISAct2007: 

Section 207 ....................................... 15.0 percent

Section 607 ....................................... 1.5 percent

Title VI, Subtitle B ........................... 3.0 percent

Title VI, Subtitle C ........................... 1.5 percent

Section 641 ....................................... 9.0 percent

Title VII, Subtitle A .......................... 15.0 percent

Section 1112 ..................................... 1.5 percent

Section 1304 ..................................... 6.0 percent. 

1 (2) APPORTIONMENT OF EXCESS AMOUNT.— 

2 Notwithstanding paragraph (1), any amounts allo3 cated under paragraph (1) that are in excess of the 

4 amounts authorized in the applicable cited section or 

5 subtitle of EPAct2005 and EISAct2007 shall be re6 allocated to the remaining sections and subtitles 

7 cited in paragraph (1), up to the amounts otherwise 

8 authorized by law to carry out such sections and 

9 subtitles, in proportion to the amounts authorized by 

10 law to be appropriated for such other sections and 

11 subtitles. 


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1 TITLE V—ENERGY CONSUMERS 

2 RELIEF 

3 SEC. 501. PROHIBITION AGAINST FINALIZING CERTAIN EN4 ERGY-RELATED RULES THAT WILL CAUSE 

5 SIGNIFICANT ADVERSE EFFECTS TO THE 

6 ECONOMY. 

7 Notwithstanding any other provision of law, the Ad8 ministrator of the Environmental Protection Agency may 

9 not promulgate as final an energy-related rule that is esti10 mated to cost more than $1 billion if the Secretary of En11 ergy determines under section 502(3) that the rule will 

12 cause significant adverse effects to the economy. 

13 SEC. 502. REPORTS AND DETERMINATIONS PRIOR TO PRO14 MULGATING AS FINAL CERTAIN ENERGY-RE15 LATED RULES. 

16 Before promulgating as final any energy-related rule 

17 that is estimated to cost more than $1 billion: 

18 (1) REPORT TO CONGRESS.—The Administrator 

19 of the Environmental Protection Agency shall sub20 mit to Congress a report (and transmit a copy to the 

21 Secretary of Energy) containing— 

22 (A) a copy of the rule; 

23 (B) a concise general statement relating to 

24 the rule; 


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1 (C) an estimate of the total costs of the 

2 rule, including the direct costs and indirect 

3 costs of the rule; 

4 (D)(i) an estimate of the total benefits of 

5 the rule and when such benefits are expected to 

6 be realized; 

7 (ii) a description of the modeling, the cal8 culations, the assumptions, and the limitations 

9 due to uncertainty, speculation, or lack of infor10 mation associated with the estimates under this 

11 subparagraph; and 

12 (iii) a certification that all data and docu13 ments relied upon by the Agency in developing 

14 such estimates— 

15 (I) have been preserved; and 

16 (II) are available for review by the 

17 public on the Agency’s Web site, except to 

18 the extent to which publication of such 

19 data and documents would constitute dis20 closure of confidential information in viola21 tion of applicable Federal law; 

22 (E) an estimate of the increases in energy 

23 prices, including potential increases in gasoline 

24 or electricity prices for consumers, that may reVerDate Mar 15 2010 03:41 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3355.IH H3355

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1 sult from implementation or enforcement of the 

2 rule; and 

3 (F) a detailed description of the employ4 ment effects, including potential job losses and 

5 shifts in employment, that may result from im6 plementation or enforcement of the rule. 

7 (2) INITIAL DETERMINATION ON INCREASES

8 AND IMPACTS.—The Secretary of Energy, in con9 sultation with the Federal Energy Regulatory Com10 mission and the Administrator of the Energy Infor11 mation Administration, shall prepare an independent 

12 analysis to determine whether the rule will cause— 

13 (A) any increase in energy prices for con14 sumers, including low-income households, small 

15 businesses, and manufacturers; 

16 (B) any impact on fuel diversity of the Na17 tion’s electricity generation portfolio or on na18 tional, regional, or local electric reliability; 

19 (C) any adverse effect on energy supply, 

20 distribution, or use due to the economic or tech21 nical infeasibility of implementing the rule; or 

22 (D) any other adverse effect on energy 

23 supply, distribution, or use (including a short24 fall in supply and increased use of foreign sup25 plies). 


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1 (3) SUBSEQUENT DETERMINATION ON ADVERSE

2 EFFECTS TO THE ECONOMY.—If the Secretary of 

3 Energy determines, under paragraph (2), that the 

4 rule will cause an increase, impact, or effect de5 scribed in such paragraph, then the Secretary, in 

6 consultation with the Administrator of the Environ7 mental Protection Agency, the Secretary of Com8 merce, the Secretary of Labor, and the Adminis9 trator of the Small Business Administration, shall— 

10 (A) determine whether the rule will cause 

11 significant adverse effects to the economy, tak12 ing into consideration— 

13 (i) the costs and benefits of the rule 

14 and limitations in calculating such costs 

15 and benefits due to uncertainty, specula16 tion, or lack of information; and 

17 (ii) the positive and negative impacts 

18 of the rule on economic indicators, includ19 ing those related to gross domestic prod20 uct, unemployment, wages, consumer 

21 prices, and business and manufacturing ac22 tivity; and 

23 (B) publish the results of such determina24 tion in the Federal Register. 


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1 SEC. 503. DEFINITIONS. 

2 In this title: 

3 (1) The terms ‘‘direct costs’’ and ‘‘indirect 

4 costs’’ have the meanings given such terms in chap5 ter 8 of the Environmental Protection Agency’s 

6 ‘‘Guidelines for Preparing Economic Analyses’’ 

7 dated December 17, 2010. 

8 (2) The term ‘‘energy-related rule that is esti9 mated to cost more than $1 billion’’ means a rule of 

10 the Environmental Protection Agency that— 

11 (A) regulates any aspect of the production, 

12 supply, distribution, or use of energy or pro13 vides for such regulation by States or other gov14 ernmental entities; and 

15 (B) is estimated by the Administrator of 

16 the Environmental Protection Agency or the 

17 Director of the Office of Management and 

18 Budget to impose direct costs and indirect 

19 costs, in the aggregate, of more than 

20 $1,000,000,000. 

21 (3) The term ‘‘rule’’ has the meaning given to 

22 such term in section 551 of title 5, United States 

23 Code. 


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1 SEC. 504. PROHIBITION ON USE OF SOCIAL COST OF CAR2 BON IN ANALYSIS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law or any Executive order, the Administrator of 

5 the Environmental Protection Agency may not use the so6 cial cost of carbon in order to incorporate social benefits 

7 of reducing carbon dioxide emissions, or for any other rea8 son, in any cost-benefit analysis relating to an energy-re9 lated rule that is estimated to cost more than $1 billion 

10 unless and until a Federal law is enacted authorizing such 

11 use. 

12 (b) DEFINITION.—In this section, the term ‘‘social 

13 cost of carbon’’ means the social cost of carbon as de14 scribed in the technical support document entitled ‘‘Tech15 nical Support Document: Technical Update of the Social 

16 Cost of Carbon for Regulatory Impact Analysis Under Ex17 ecutive Order 12866’’, published by the Interagency 

18 Working Group on Social Cost of Carbon, United States 

19 Government, in May 2013, or any successor or substan20 tially related document, or any other estimate of the mone21 tized damages associated with an incremental increase in 

22 carbon dioxide emissions in a given year. 


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1 TITLE VI—REPEAL OF THE 

2 HEALTH CARE LAW AND 

3 HEALTH CARE-RELATED PRO4 VISIONS IN THE HEALTH 

5 CARE AND EDUCATION REC6 ONCILIATION ACT OF 2010 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘Repealing the Health 

9 Care Law Act’’. 

10 SEC. 602. REPEAL OF THE HEALTH CARE LAW AND HEALTH 

11 CARE-RELATED PROVISIONS IN THE HEALTH 

12 CARE AND EDUCATION RECONCILIATION ACT 

13 OF 2010. 

14 (a) HEALTH CARE LAW.—Effective as of the enact15 ment of Public Law 111–148, such Act is repealed, and 

16 the provisions of law amended or repealed by such Act 

17 are restored or revived as if such Act had not been en18 acted. 

19 (b) HEALTH CARE-RELATED PROVISIONS IN THE

20 HEALTH CARE AND EDUCATION RECONCILIATION ACT OF

21 2010.—Effective as of the enactment of the Health Care 

22 and Education Reconciliation Act of 2010 (Public Law 

23 111–152), title I and subtitle B of title II of such Act 

24 are repealed, and the provisions of law amended or re25 pealed by such title or subtitle, respectively, are restored 


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1 or revived as if such title and subtitle had not been en2 acted. 

3 TITLE VII—COOPERATIVE GOV4 ERNING OF INDIVIDUAL 

5 HEALTH INSURANCE COV6 ERAGE 

7 SEC. 701. COOPERATIVE GOVERNING OF INDIVIDUAL 

8 HEALTH INSURANCE COVERAGE. 

9 (a) IN GENERAL.—Title XXVII of the Public Health 

10 Service Act (42 U.S.C. 300gg et seq.) is amended by add11 ing at the end the following new part: 

12 ‘‘PART D—COOPERATIVE GOVERNING OF 

13 INDIVIDUAL HEALTH INSURANCE COVERAGE 

14 ‘‘SEC. 2795. DEFINITIONS. 

15 ‘‘In this part: 

16 ‘‘(1) PRIMARY STATE.—The term ‘primary 

17 State’ means, with respect to individual health insur18 ance coverage offered by a health insurance issuer, 

19 the State designated by the issuer as the State 

20 whose covered laws shall govern the health insurance 

21 issuer in the sale of such coverage under this part. 

22 An issuer, with respect to a particular policy, may 

23 only designate one such State as its primary State 

24 with respect to all such coverage it offers. Such an 

25 issuer may not change the designated primary State 


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1 with respect to individual health insurance coverage 

2 once the policy is issued, except that such a change 

3 may be made upon renewal of the policy. With re4 spect to such designated State, the issuer is deemed 

5 to be doing business in that State. 

6 ‘‘(2) SECONDARY STATE.—The term ‘secondary 

7 State’ means, with respect to individual health insur8 ance coverage offered by a health insurance issuer, 

9 any State that is not the primary State. In the case 

10 of a health insurance issuer that is selling a policy 

11 in, or to a resident of, a secondary State, the issuer 

12 is deemed to be doing business in that secondary 

13 State. 

14 ‘‘(3) HEALTH INSURANCE ISSUER.—The term 

15 ‘health insurance issuer’ has the meaning given such 

16 term in section 2791(b)(2), except that such an 

17 issuer must be licensed in the primary State and be 

18 qualified to sell individual health insurance coverage 

19 in that State. 

20 ‘‘(4) INDIVIDUAL HEALTH INSURANCE COV21 ERAGE.—The term ‘individual health insurance cov22 erage’ means health insurance coverage offered in 

23 the individual market, as defined in section 

24 2791(e)(1). 


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1 ‘‘(5) APPLICABLE STATE AUTHORITY.—The 

2 term ‘applicable State authority’ means, with respect 

3 to a health insurance issuer in a State, the State in4 surance commissioner or official or officials des5 ignated by the State to enforce the requirements of 

6 this title for the State with respect to the issuer. 

7 ‘‘(6) HAZARDOUS FINANCIAL CONDITION.—The 

8 term ‘hazardous financial condition’ means that, 

9 based on its present or reasonably anticipated finan10 cial condition, a health insurance issuer is unlikely 

11 to be able— 

12 ‘‘(A) to meet obligations to policyholders 

13 with respect to known claims and reasonably 

14 anticipated claims; or 

15 ‘‘(B) to pay other obligations in the normal 

16 course of business. 

17 ‘‘(7) COVERED LAWS.— 

18 ‘‘(A) IN GENERAL.—The term ‘covered 

19 laws’ means the laws, rules, regulations, agree20 ments, and orders governing the insurance busi21 ness pertaining to— 

22 ‘‘(i) individual health insurance cov23 erage issued by a health insurance issuer; 

24 ‘‘(ii) the offer, sale, rating (including 

25 medical underwriting), renewal, and 


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1 issuance of individual health insurance cov2 erage to an individual; 

3 ‘‘(iii) the provision to an individual in 

4 relation to individual health insurance cov5 erage of health care and insurance related 

6 services; 

7 ‘‘(iv) the provision to an individual in 

8 relation to individual health insurance cov9 erage of management, operations, and in10 vestment activities of a health insurance 

11 issuer; and 

12 ‘‘(v) the provision to an individual in 

13 relation to individual health insurance cov14 erage of loss control and claims adminis15 tration for a health insurance issuer with 

16 respect to liability for which the issuer pro17 vides insurance. 

18 ‘‘(B) EXCEPTION.—Such term does not in19 clude any law, rule, regulation, agreement, or 

20 order governing the use of care or cost manage21 ment techniques, including any requirement re22 lated to provider contracting, network access or 

23 adequacy, health care data collection, or quality 

24 assurance. 


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1 ‘‘(8) STATE.—The term ‘State’ means the 50 

2 States and includes the District of Columbia, Puerto 

3 Rico, the Virgin Islands, Guam, American Samoa, 

4 and the Northern Mariana Islands. 

5 ‘‘(9) UNFAIR CLAIMS SETTLEMENT PRAC6 TICES.—The term ‘unfair claims settlement prac7 tices’ means only the following practices: 

8 ‘‘(A) Knowingly misrepresenting to claim9 ants and insured individuals relevant facts or 

10 policy provisions relating to coverage at issue. 

11 ‘‘(B) Failing to acknowledge with reason12 able promptness pertinent communications with 

13 respect to claims arising under policies. 

14 ‘‘(C) Failing to adopt and implement rea15 sonable standards for the prompt investigation 

16 and settlement of claims arising under policies. 

17 ‘‘(D) Failing to effectuate prompt, fair, 

18 and equitable settlement of claims submitted in 

19 which liability has become reasonably clear. 

20 ‘‘(E) Refusing to pay claims without con21 ducting a reasonable investigation. 

22 ‘‘(F) Failing to affirm or deny coverage of 

23 claims within a reasonable period of time after 

24 having completed an investigation related to 

25 those claims. 


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1 ‘‘(G) A pattern or practice of compelling 

2 insured individuals or their beneficiaries to in3 stitute suits to recover amounts due under its 

4 policies by offering substantially less than the 

5 amounts ultimately recovered in suits brought 

6 by them. 

7 ‘‘(H) A pattern or practice of attempting 

8 to settle or settling claims for less than the 

9 amount that a reasonable person would believe 

10 the insured individual or his or her beneficiary 

11 was entitled by reference to written or printed 

12 advertising material accompanying or made 

13 part of an application. 

14 ‘‘(I) Attempting to settle or settling claims 

15 on the basis of an application that was materi16 ally altered without notice to, or knowledge or 

17 consent of, the insured. 

18 ‘‘(J) Failing to provide forms necessary to 

19 present claims within 15 calendar days of a re20 quest with reasonable explanations regarding 

21 their use. 

22 ‘‘(K) Attempting to cancel a policy in less 

23 time than that prescribed in the policy or by the 

24 law of the primary State. 


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1 ‘‘(10) FRAUD AND ABUSE.—The term ‘fraud 

2 and abuse’ means an act or omission committed by 

3 a person who, knowingly and with intent to defraud, 

4 commits, or conceals any material information con5 cerning, one or more of the following: 

6 ‘‘(A) Presenting, causing to be presented 

7 or preparing with knowledge or belief that it 

8 will be presented to or by an insurer, a rein9 surer, broker or its agent, false information as 

10 part of, in support of or concerning a fact ma11 terial to one or more of the following: 

12 ‘‘(i) An application for the issuance or 

13 renewal of an insurance policy or reinsur14 ance contract. 

15 ‘‘(ii) The rating of an insurance policy 

16 or reinsurance contract. 

17 ‘‘(iii) A claim for payment or benefit 

18 pursuant to an insurance policy or reinsur19 ance contract. 

20 ‘‘(iv) Premiums paid on an insurance 

21 policy or reinsurance contract. 

22 ‘‘(v) Payments made in accordance 

23 with the terms of an insurance policy or 

24 reinsurance contract. 


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1 ‘‘(vi) A document filed with the com2 missioner or the chief insurance regulatory 

3 official of another jurisdiction. 

4 ‘‘(vii) The financial condition of an in5 surer or reinsurer. 

6 ‘‘(viii) The formation, acquisition, 

7 merger, reconsolidation, dissolution or 

8 withdrawal from one or more lines of in9 surance or reinsurance in all or part of a 

10 State by an insurer or reinsurer. 

11 ‘‘(ix) The issuance of written evidence 

12 of insurance. 

13 ‘‘(x) The reinstatement of an insur14 ance policy. 

15 ‘‘(B) Solicitation or acceptance of new or 

16 renewal insurance risks on behalf of an insurer 

17 reinsurer or other person engaged in the busi18 ness of insurance by a person who knows or 

19 should know that the insurer or other person 

20 responsible for the risk is insolvent at the time 

21 of the transaction. 

22 ‘‘(C) Transaction of the business of insur23 ance in violation of laws requiring a license, cer24 tificate of authority or other legal authority for 

25 the transaction of the business of insurance. 


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1 ‘‘(D) Attempt to commit, aiding or abet2 ting in the commission of, or conspiracy to com3 mit the acts or omissions specified in this para4 graph. 

5 ‘‘SEC. 2796. APPLICATION OF LAW. 

6 ‘‘(a) IN GENERAL.—The covered laws of the primary 

7 State shall apply to individual health insurance coverage 

8 offered by a health insurance issuer in the primary State 

9 and in any secondary State, but only if the coverage and 

10 issuer comply with the conditions of this section with re11 spect to the offering of coverage in any secondary State. 

12 ‘‘(b) EXEMPTIONS FROM COVERED LAWS IN A SEC13 ONDARY STATE.—Except as provided in this section, a 

14 health insurance issuer with respect to its offer, sale, rat15 ing (including medical underwriting), renewal, and 

16 issuance of individual health insurance coverage in any 

17 secondary State is exempt from any covered laws of the 

18 secondary State (and any rules, regulations, agreements, 

19 or orders sought or issued by such State under or related 

20 to such covered laws) to the extent that such laws would— 

21 ‘‘(1) make unlawful, or regulate, directly or in22 directly, the operation of the health insurance issuer 

23 operating in the secondary State, except that any 

24 secondary State may require such an issuer— 


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1 ‘‘(A) to pay, on a nondiscriminatory basis, 

2 applicable premium and other taxes (including 

3 high risk pool assessments) which are levied on 

4 insurers and surplus lines insurers, brokers, or 

5 policyholders under the laws of the State; 

6 ‘‘(B) to register with and designate the 

7 State insurance commissioner as its agent solely 

8 for the purpose of receiving service of legal doc9 uments or process; 

10 ‘‘(C) to submit to an examination of its fi11 nancial condition by the State insurance com12 missioner in any State in which the issuer is 

13 doing business to determine the issuer’s finan14 cial condition, if— 

15 ‘‘(i) the State insurance commissioner 

16 of the primary State has not done an ex17 amination within the period recommended 

18 by the National Association of Insurance 

19 Commissioners; and 

20 ‘‘(ii) any such examination is con21 ducted in accordance with the examiners’ 

22 handbook of the National Association of 

23 Insurance Commissioners and is coordi24 nated to avoid unjustified duplication and 

25 unjustified repetition; 


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1 ‘‘(D) to comply with a lawful order 

2 issued— 

3 ‘‘(i) in a delinquency proceeding com4 menced by the State insurance commis5 sioner if there has been a finding of finan6 cial impairment under subparagraph (C); 

7 or 

8 ‘‘(ii) in a voluntary dissolution pro9 ceeding; 

10 ‘‘(E) to comply with an injunction issued 

11 by a court of competent jurisdiction, upon a pe12 tition by the State insurance commissioner al13 leging that the issuer is in hazardous financial 

14 condition; 

15 ‘‘(F) to participate, on a nondiscriminatory 

16 basis, in any insurance insolvency guaranty as17 sociation or similar association to which a 

18 health insurance issuer in the State is required 

19 to belong; 

20 ‘‘(G) to comply with any State law regard21 ing fraud and abuse (as defined in section 

22 2795(10)), except that if the State seeks an in23 junction regarding the conduct described in this 

24 subparagraph, such injunction must be obtained 

25 from a court of competent jurisdiction; 


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1 ‘‘(H) to comply with any State law regard2 ing unfair claims settlement practices (as de3 fined in section 2795(9)); or 

4 ‘‘(I) to comply with the applicable require5 ments for independent review under section 

6 2798 with respect to coverage offered in the 

7 State; 

8 ‘‘(2) require any individual health insurance 

9 coverage issued by the issuer to be countersigned by 

10 an insurance agent or broker residing in that Sec11 ondary State; or 

12 ‘‘(3) otherwise discriminate against the issuer 

13 issuing insurance in both the primary State and in 

14 any secondary State. 

15 ‘‘(c) CLEAR AND CONSPICUOUS DISCLOSURE.—A 

16 health insurance issuer shall provide the following notice, 

17 in 12-point bold type, in any insurance coverage offered 

18 in a secondary State under this part by such a health in19 surance issuer and at renewal of the policy, with the 5 

20 blank spaces therein being appropriately filled with the 

21 name of the health insurance issuer, the name of the pri22 mary State, the name of the secondary State, the name 

23 of the secondary State, and the name of the secondary 

24 State, respectively, for the coverage concerned: 


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1 ‘‘ ‘NOTICE

2 ‘‘ ‘This policy is issued by lllll and is gov3 erned by the laws and regulations of the State of 

4 lllll, and it has met all the laws of that State as 

5 determined by that State’s Department of Insurance. This 

6 policy may be less expensive than others because it is not 

7 subject to all of the insurance laws and regulations of the 

8 State of lllll, including coverage of some services 

9 or benefits mandated by the law of the State of 

10 lllll. Additionally, this policy is not subject to all 

11 of the consumer protection laws or restrictions on rate 

12 changes of the State of lllll. As with all insurance 

13 products, before purchasing this policy, you should care14 fully review the policy and determine what health care 

15 services the policy covers and what benefits it provides, 

16 including any exclusions, limitations, or conditions for 

17 such services or benefits.’. 

18 ‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICATIONS

19 AND PREMIUM INCREASES.— 

20 ‘‘(1) IN GENERAL.—For purposes of this sec21 tion, a health insurance issuer that provides indi22 vidual health insurance coverage to an individual 

23 under this part in a primary or secondary State may 

24 not upon renewal— 


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1 ‘‘(A) move or reclassify the individual in2 sured under the health insurance coverage from 

3 the class such individual is in at the time of 

4 issue of the contract based on the health-status 

5 related factors of the individual; or 

6 ‘‘(B) increase the premiums assessed the 

7 individual for such coverage based on a health 

8 status-related factor or change of a health sta9 tus-related factor or the past or prospective 

10 claim experience of the insured individual. 

11 ‘‘(2) CONSTRUCTION.—Nothing in paragraph 

12 (1) shall be construed to prohibit a health insurance 

13 issuer— 

14 ‘‘(A) from terminating or discontinuing 

15 coverage or a class of coverage in accordance 

16 with subsections (b) and (c) of section 2742; 

17 ‘‘(B) from raising premium rates for all 

18 policy holders within a class based on claims ex19 perience; 

20 ‘‘(C) from changing premiums or offering 

21 discounted premiums to individuals who engage 

22 in wellness activities at intervals prescribed by 

23 the issuer, if such premium changes or incen24 tives— 


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1 ‘‘(i) are disclosed to the consumer in 

2 the insurance contract; 

3 ‘‘(ii) are based on specific wellness ac4 tivities that are not applicable to all indi5 viduals; and 

6 ‘‘(iii) are not obtainable by all individ7 uals to whom coverage is offered; 

8 ‘‘(D) from reinstating lapsed coverage; or 

9 ‘‘(E) from retroactively adjusting the rates 

10 charged an insured individual if the initial rates 

11 were set based on material misrepresentation by 

12 the individual at the time of issue. 

13 ‘‘(e) PRIOR OFFERING OF POLICY IN PRIMARY

14 STATE.—A health insurance issuer may not offer for sale 

15 individual health insurance coverage in a secondary State 

16 unless that coverage is currently offered for sale in the 

17 primary State. 

18 ‘‘(f) LICENSING OF AGENTS OR BROKERS FOR

19 HEALTH INSURANCE ISSUERS.—Any State may require 

20 that a person acting, or offering to act, as an agent or 

21 broker for a health insurance issuer with respect to the 

22 offering of individual health insurance coverage obtain a 

23 license from that State, with commissions or other com24 pensation subject to the provisions of the laws of that 

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1 tion or requirement which discriminates against a non2 resident agent or broker. 

3 ‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE IN4 SURANCE COMMISSIONER.—Each health insurance issuer 

5 issuing individual health insurance coverage in both pri6 mary and secondary States shall submit— 

7 ‘‘(1) to the insurance commissioner of each 

8 State in which it intends to offer such coverage, be9 fore it may offer individual health insurance cov10 erage in such State— 

11 ‘‘(A) a copy of the plan of operation or fea12 sibility study or any similar statement of the 

13 policy being offered and its coverage (which 

14 shall include the name of its primary State and 

15 its principal place of business); 

16 ‘‘(B) written notice of any change in its 

17 designation of its primary State; and 

18 ‘‘(C) written notice from the issuer of the 

19 issuer’s compliance with all the laws of the pri20 mary State; and 

21 ‘‘(2) to the insurance commissioner of each sec22 ondary State in which it offers individual health in23 surance coverage, a copy of the issuer’s quarterly fi24 nancial statement submitted to the primary State, 

25 which statement shall be certified by an independent 


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1 public accountant and contain a statement of opin2 ion on loss and loss adjustment expense reserves 

3 made by— 

4 ‘‘(A) a member of the American Academy 

5 of Actuaries; or 

6 ‘‘(B) a qualified loss reserve specialist. 

7 ‘‘(h) POWER OF COURTS TO ENJOIN CONDUCT.— 

8 Nothing in this section shall be construed to affect the 

9 authority of any Federal or State court to enjoin— 

10 ‘‘(1) the solicitation or sale of individual health 

11 insurance coverage by a health insurance issuer to 

12 any person or group who is not eligible for such in13 surance; or 

14 ‘‘(2) the solicitation or sale of individual health 

15 insurance coverage that violates the requirements of 

16 the law of a secondary State which are described in 

17 subparagraphs (A) through (H) of section 

18 2796(b)(1). 

19 ‘‘(i) POWER OF SECONDARY STATES TO TAKE AD20 MINISTRATIVE ACTION.—Nothing in this section shall be 

21 construed to affect the authority of any State to enjoin 

22 conduct in violation of that State’s laws described in sec23 tion 2796(b)(1). 

24 ‘‘(j) STATE POWERS TO ENFORCE STATE LAWS.— 


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1 ‘‘(1) IN GENERAL.—Subject to the provisions of 

2 subsection (b)(1)(G) (relating to injunctions) and 

3 paragraph (2), nothing in this section shall be con4 strued to affect the authority of any State to make 

5 use of any of its powers to enforce the laws of such 

6 State with respect to which a health insurance issuer 

7 is not exempt under subsection (b). 

8 ‘‘(2) COURTS OF COMPETENT JURISDICTION.— 

9 If a State seeks an injunction regarding the conduct 

10 described in paragraphs (1) and (2) of subsection 

11 (h), such injunction must be obtained from a Fed12 eral or State court of competent jurisdiction. 

13 ‘‘(k) STATES’ AUTHORITY TO SUE.—Nothing in this 

14 section shall affect the authority of any State to bring ac15 tion in any Federal or State court. 

16 ‘‘(l) GENERALLY APPLICABLE LAWS.—Nothing in 

17 this section shall be construed to affect the applicability 

18 of State laws generally applicable to persons or corpora19 tions. 

20 ‘‘(m) GUARANTEED AVAILABILITY OF COVERAGE TO

21 HIPAA ELIGIBLE INDIVIDUALS.—To the extent that a 

22 health insurance issuer is offering coverage in a primary 

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1 erage under this part in such secondary State which has 

2 not adopted a qualified high risk pool as its acceptable 

3 alternative mechanism (as defined in section 2744(c)(2)), 

4 the issuer shall, with respect to any individual health in5 surance coverage offered in a secondary State under this 

6 part, comply with the guaranteed availability requirements 

7 for eligible individuals in section 2741. 

8 ‘‘SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR 

9 BEFORE ISSUER MAY SELL INTO SECONDARY 

10 STATES. 

11 ‘‘A health insurance issuer may not offer, sell, or 

12 issue individual health insurance coverage in a secondary 

13 State if the State insurance commissioner does not use 

14 a risk-based capital formula for the determination of cap15 ital and surplus requirements for all health insurance 

16 issuers. 

17 ‘‘SEC. 2798. INDEPENDENT EXTERNAL APPEALS PROCE18 DURES. 

19 ‘‘(a) RIGHT TO EXTERNAL APPEAL.—A health insur20 ance issuer may not offer, sell, or issue individual health 

21 insurance coverage in a secondary State under the provi22 sions of this title unless— 

23 ‘‘(1) both the secondary State and the primary 

24 State have legislation or regulations in place estab25 lishing an independent review process for individuals 


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1 who are covered by individual health insurance cov2 erage, or 

3 ‘‘(2) in any case in which the requirements of 

4 subparagraph (A) are not met with respect to the ei5 ther of such States, the issuer provides an inde6 pendent review mechanism substantially identical (as 

7 determined by the applicable State authority of such 

8 State) to that prescribed in the ‘Health Carrier Ex9 ternal Review Model Act’ of the National Association 

10 of Insurance Commissioners for all individuals who 

11 purchase insurance coverage under the terms of this 

12 part, except that, under such mechanism, the review 

13 is conducted by an independent medical reviewer, or 

14 a panel of such reviewers, with respect to whom the 

15 requirements of subsection (b) are met. 

16 ‘‘(b) QUALIFICATIONS OF INDEPENDENT MEDICAL

17 REVIEWERS.—In the case of any independent review 

18 mechanism referred to in subsection (a)(2)— 

19 ‘‘(1) IN GENERAL.—In referring a denial of a 

20 claim to an independent medical reviewer, or to any 

21 panel of such reviewers, to conduct independent 

22 medical review, the issuer shall ensure that— 

23 ‘‘(A) each independent medical reviewer 

24 meets the qualifications described in paragraphs 

25 (2) and (3); 


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1 ‘‘(B) with respect to each review, each re2 viewer meets the requirements of paragraph (4) 

3 and the reviewer, or at least 1 reviewer on the 

4 panel, meets the requirements described in 

5 paragraph (5); and 

6 ‘‘(C) compensation provided by the issuer 

7 to each reviewer is consistent with paragraph 

8 (6). 

9 ‘‘(2) LICENSURE AND EXPERTISE.—Each inde10 pendent medical reviewer shall be a physician 

11 (allopathic or osteopathic) or health care profes12 sional who— 

13 ‘‘(A) is appropriately credentialed or li14 censed in one or more States to deliver health 

15 care services; and 

16 ‘‘(B) typically treats the condition, makes 

17 the diagnosis, or provides the type of treatment 

18 under review. 

19 ‘‘(3) INDEPENDENCE.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), each independent medical reviewer 

22 in a case shall— 

23 ‘‘(i) not be a related party (as defined 

24 in paragraph (7)); 


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1 ‘‘(ii) not have a material familial, fi2 nancial, or professional relationship with 

3 such a party; and 

4 ‘‘(iii) not otherwise have a conflict of 

5 interest with such a party (as determined 

6 under regulations). 

7 ‘‘(B) EXCEPTION.—Nothing in subpara8 graph (A) shall be construed to— 

9 ‘‘(i) prohibit an individual, solely on 

10 the basis of affiliation with the issuer, 

11 from serving as an independent medical re12 viewer if— 

13 ‘‘(I) a non-affiliated individual is 

14 not reasonably available; 

15 ‘‘(II) the affiliated individual is 

16 not involved in the provision of items 

17 or services in the case under review; 

18 ‘‘(III) the fact of such an affili19 ation is disclosed to the issuer and the 

20 enrollee (or authorized representative) 

21 and neither party objects; and 

22 ‘‘(IV) the affiliated individual is 

23 not an employee of the issuer and 

24 does not provide services exclusively or 

25 primarily to or on behalf of the issuer; 


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1 ‘‘(ii) prohibit an individual who has 

2 staff privileges at the institution where the 

3 treatment involved takes place from serv4 ing as an independent medical reviewer 

5 merely on the basis of such affiliation if 

6 the affiliation is disclosed to the issuer and 

7 the enrollee (or authorized representative), 

8 and neither party objects; or 

9 ‘‘(iii) prohibit receipt of compensation 

10 by an independent medical reviewer from 

11 an entity if the compensation is provided 

12 consistent with paragraph (6). 

13 ‘‘(4) PRACTICING HEALTH CARE PROFESSIONAL

14 IN SAME FIELD.— 

15 ‘‘(A) IN GENERAL.—In a case involving 

16 treatment, or the provision of items or serv17 ices— 

18 ‘‘(i) by a physician, a reviewer shall be 

19 a practicing physician (allopathic or osteo20 pathic) of the same or similar specialty, as 

21 a physician who, acting within the appro22 priate scope of practice within the State in 

23 which the service is provided or rendered, 

24 typically treats the condition, makes the 


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1 diagnosis, or provides the type of treat2 ment under review; or 

3 ‘‘(ii) by a non-physician health care 

4 professional, the reviewer, or at least 1 

5 member of the review panel, shall be a 

6 practicing non-physician health care pro7 fessional of the same or similar specialty 

8 as the non-physician health care profes9 sional who, acting within the appropriate 

10 scope of practice within the State in which 

11 the service is provided or rendered, typi12 cally treats the condition, makes the diag13 nosis, or provides the type of treatment 

14 under review. 

15 ‘‘(B) PRACTICING DEFINED.—For pur16 poses of this paragraph, the term ‘practicing’ 

17 means, with respect to an individual who is a 

18 physician or other health care professional, that 

19 the individual provides health care services to 

20 individual patients on average at least 2 days 

21 per week. 

22 ‘‘(5) PEDIATRIC EXPERTISE.—In the case of an 

23 external review relating to a child, a reviewer shall 

24 have expertise under paragraph (2) in pediatrics. 


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1 ‘‘(6) LIMITATIONS ON REVIEWER COMPENSA2 TION.—Compensation provided by the issuer to an 

3 independent medical reviewer in connection with a 

4 review under this section shall— 

5 ‘‘(A) not exceed a reasonable level; and 

6 ‘‘(B) not be contingent on the decision ren7 dered by the reviewer. 

8 ‘‘(7) RELATED PARTY DEFINED.—For purposes 

9 of this section, the term ‘related party’ means, with 

10 respect to a denial of a claim under a coverage relat11 ing to an enrollee, any of the following: 

12 ‘‘(A) The issuer involved, or any fiduciary, 

13 officer, director, or employee of the issuer. 

14 ‘‘(B) The enrollee (or authorized represent15 ative). 

16 ‘‘(C) The health care professional that pro17 vides the items or services involved in the de18 nial. 

19 ‘‘(D) The institution at which the items or 

20 services (or treatment) involved in the denial 

21 are provided. 

22 ‘‘(E) The manufacturer of any drug or 

23 other item that is included in the items or serv24 ices involved in the denial. 


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1 ‘‘(F) Any other party determined under 

2 any regulations to have a substantial interest in 

3 the denial involved. 

4 ‘‘(8) DEFINITIONS.—For purposes of this sub5 section: 

6 ‘‘(A) ENROLLEE.—The term ‘enrollee’ 

7 means, with respect to health insurance cov8 erage offered by a health insurance issuer, an 

9 individual enrolled with the issuer to receive 

10 such coverage. 

11 ‘‘(B) HEALTH CARE PROFESSIONAL.—The 

12 term ‘health care professional’ means an indi13 vidual who is licensed, accredited, or certified 

14 under State law to provide specified health care 

15 services and who is operating within the scope 

16 of such licensure, accreditation, or certification. 

17 ‘‘SEC. 2799. ENFORCEMENT. 

18 ‘‘(a) IN GENERAL.—Subject to subsection (b), with 

19 respect to specific individual health insurance coverage the 

20 primary State for such coverage has sole jurisdiction to 

21 enforce the primary State’s covered laws in the primary 

22 State and any secondary State. 

23 ‘‘(b) SECONDARY STATE’S AUTHORITY.—Nothing in 

24 subsection (a) shall be construed to affect the authority 


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1 of a secondary State to enforce its laws as set forth in 

2 the exception specified in section 2796(b)(1). 

3 ‘‘(c) COURT INTERPRETATION.—In reviewing action 

4 initiated by the applicable secondary State authority, the 

5 court of competent jurisdiction shall apply the covered 

6 laws of the primary State. 

7 ‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In the case 

8 of individual health insurance coverage offered in a sec9 ondary State that fails to comply with the covered laws 

10 of the primary State, the applicable State authority of the 

11 secondary State may notify the applicable State authority 

12 of the primary State.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall apply to individual health insurance 

15 coverage offered, issued, or sold after the date that is one 

16 year after the date of the enactment of this Act. 

17 (c) GAO ONGOING STUDY AND REPORTS.— 

18 (1) STUDY.—The Comptroller General of the 

19 United States shall conduct an ongoing study con20 cerning the effect of the amendment made by sub21 section (a) on— 

22 (A) the number of uninsured and under-in23 sured; 


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1 (B) the availability and cost of health in2 surance policies for individuals with pre-existing 

3 medical conditions; 

4 (C) the availability and cost of health in5 surance policies generally; 

6 (D) the elimination or reduction of dif7 ferent types of benefits under health insurance 

8 policies offered in different States; and 

9 (E) cases of fraud or abuse relating to 

10 health insurance coverage offered under such 

11 amendment and the resolution of such cases. 

12 (2) ANNUAL REPORTS.—The Comptroller Gen13 eral shall submit to Congress an annual report, after 

14 the end of each of the 5 years following the effective 

15 date of the amendment made by subsection (a), on 

16 the ongoing study conducted under paragraph (1). 

17 SEC. 702. SEVERABILITY. 

18 If any provision of this title or the application of such 

19 provision to any person or circumstance is held to be un20 constitutional, the remainder of this Act and the applica21 tion of the provisions of such to any other person or cir22 cumstance shall not be affected. 


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1 TITLE VIII—RENEWAL OF TRADE 

2 PROMOTION AUTHORITY 

3 SEC. 801. RENEWAL OF TRADE PROMOTION AUTHORITY. 

4 (a) IN GENERAL.—Section 2103 of the Bipartisan 

5 Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) 

6 is amended— 

7 (1) in subsection (a)(1), by striking subpara8 graph (A) and inserting the following: 

9 ‘‘(A) may enter into trade agreements with 

10 foreign countries— 

11 ‘‘(i) on and after the date of the en12 actment of the Reducing Employer Bur13 dens, Unleashing Innovation, and Labor 

14 Development Act of 2013 and before July 

15 1, 2018; or 

16 ‘‘(ii) on and after July 1, 2018, and 

17 before July 1, 2020, if trade authorities 

18 procedures are extended under subsection 

19 (c); and’’; 

20 (2) in subsection (b)(1), by striking subpara21 graph (C) and inserting the following: 

22 ‘‘(C) The President may enter into a trade 

23 agreement under this paragraph— 

24 ‘‘(i) on and after the date of the enactment 

25 of the Reducing Employer Burdens, Unleashing 


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1 Innovation, and Labor Development Act of 

2 2013 and before July 1, 2018; or 

3 ‘‘(ii) on and after July 1, 2018, and before 

4 July 1, 2020, if trade authorities procedures 

5 are extended under subsection (c).’’; and 

6 (3) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘before July 1, 2005’’ and inserting ‘‘on 

10 and after the date of the enactment of the 

11 Reducing Employer Burdens, Unleashing 

12 Innovation, and Labor Development Act of 

13 2013 and before July 1, 2018’’; and 

14 (ii) in subparagraph (B)— 

15 (I) in the matter preceding clause 

16 (i), by striking ‘‘after June 30, 2005, 

17 and before July 1, 2007’’ and insert18 ing ‘‘on or after July 1, 2018, and be19 fore July 1, 2020’’; and 

20 (II) in clause (ii), by striking 

21 ‘‘July 1, 2005’’ and inserting ‘‘July 1, 

22 2018’’; 

23 (B) in paragraph (2), in the matter pre24 ceding subparagraph (A), by striking ‘‘April 1, 

25 2005’’ and inserting ‘‘April 1, 2018’’; 


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1 (C) in paragraph (3)— 

2 (i) in subparagraph (A), in the matter 

3 preceding clause (i), by striking ‘‘June 1, 

4 2005’’ and inserting ‘‘June 1, 2018’’; and 

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘June 1, 2005’’ 

7 and inserting ‘‘June 1, 2018’’; and 

8 (II) by striking ‘‘the date of en9 actment of this Act’’ and inserting 

10 ‘‘the date of the enactment of the Re11 ducing Employer Burdens, Unleashing 

12 Innovation, and Labor Development 

13 Act of 2013’’; and 

14 (D) in paragraph (5), by striking ‘‘June 

15 30, 2005’’ each place it appears and inserting 

16 ‘‘June 30, 2018’’. 

17 (b) TREATMENT OF CERTAIN TRADE AGREEMENTS

18 FOR WHICH NEGOTIATIONS HAVE ALREADY BEGUN.— 

19 Section 2106(a) of the Bipartisan Trade Promotion Au20 thority Act of 2002 (19 U.S.C. 3806(a)) is amended by 

21 striking ‘‘applies—’’ and all that follows through the end 

22 period and inserting ‘‘applies results from negotiations 

23 that were commenced before the date of the enactment 

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1 tion, and Labor Development Act of 2013, subsection (b) 

2 shall apply.’’. 

3 TITLE IX—REFORM OF EXPORT 

4 CONTROL POLICIES 

5 SEC. 901. SENSE OF CONGRESS ON REFORM OF EXPORT 

6 CONTROL POLICIES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The United States would benefit from pre9 dictable, efficient, and transparent export control 

10 policies. 

11 (2) Such export control policies should focus on 

12 the mutually reinforcing goals of— 

13 (A) adequate national security; and 

14 (B) increased global competitiveness and 

15 job growth. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Export Administration Act of 1979 (50 

18 U.S.C. App. 2401 et seq.), as continued in effect pursuant 

19 to the International Emergency Economic Powers Act (50 

20 U.S.C. 1701 et seq.), has become obsolete and should be 

21 reformed and reauthorized. 


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1 TITLE X—EFFICIENT USE OF 

2 GOVERNMENT SPECTRUM 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘Efficient Use of Gov5 ernment Spectrum Act of 2013’’. 

6 SEC. 1002. REALLOCATION AND AUCTION OF 1755–1780 MHZ 

7 BAND. 

8 (a) IN GENERAL.—Notwithstanding paragraph 

9 (15)(A) of section 309(j) of the Communications Act of 

10 1934 (47 U.S.C. 309(j)), not later than 3 years after the 

11 date of the enactment of the Middle Class Tax Relief and 

12 Job Creation Act of 2012 (Public Law 112–96), the Com13 mission shall— 

14 (1) reallocate the electromagnetic spectrum de15 scribed in subsection (d) for commercial use; and 

16 (2) as part of the system of competitive bidding 

17 required by section 6401(b)(1)(B) of such Act (47 

18 U.S.C. 1451(b)(1)(B)), grant new initial licenses, 

19 subject to flexible-use service rules, for the use of 

20 such spectrum, paired with the spectrum between 

21 the frequencies from 2155 megahertz to 2180 mega22 hertz, inclusive. 

23 (b) AUCTION PROCEEDS.—For purposes of depos24 iting the proceeds from the competitive bidding described 

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1 magnetic spectrum described in subsection (d), such spec2 trum shall be treated as spectrum that is required to be 

3 auctioned by section 6401(b)(1)(B) of the Middle Class 

4 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

5 1451(b)(1)(B)). 

6 (c) RELOCATION OF AND SHARING BY FEDERAL

7 GOVERNMENT STATIONS.— 

8 (1) RELOCATION PRIORITIZED OVER SHAR9 ING.— 

10 (A) IN GENERAL.—Except as provided in 

11 paragraph (2), all Federal Government stations 

12 in the electromagnetic spectrum described in 

13 subsection (d) shall be relocated to other fre14 quencies under the procedures implemented 

15 pursuant to section 113(g)(6) of the National 

16 Telecommunications and Information Adminis17 tration Organization Act (47 U.S.C. 923(g)(6)). 

18 Such relocation procedures shall ensure max19 imum cooperation and coordination between the 

20 affected Federal and commercial entities. 

21 (B) DEPARTMENT OF DEFENSE STA22 TIONS.—Section 1062(b) of the National De23 fense Authorization Act for Fiscal Year 2000 

24 (Public Law 106–65; 113 Stat. 768) shall apply 

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1 partment of Defense in the electromagnetic 

2 spectrum described in subsection (d). 

3 (2) SHARING WHERE RELOCATION NOT POS4 SIBLE.— 

5 (A) IDENTIFICATION OF STATIONS.—If a 

6 Federal entity that operates a Federal Govern7 ment station in the electromagnetic spectrum 

8 described in subsection (d) determines, based 

9 on an operational impact assessment, that such 

10 station cannot be relocated from such spectrum 

11 without jeopardizing essential military capa12 bility, such entity shall identify such station in 

13 the transition plan of such entity required, by 

14 section 113(h)(1) of the National Telecommuni15 cations and Information Administration Organi16 zation Act (47 U.S.C. 923(h)(1)), to be sub17 mitted not later than 240 days before the com18 mencement of the competitive bidding described 

19 in subsection (a)(2). 

20 (B) REQUIRED ELEMENTS OF TRANSITION

21 PLAN.—Each transition plan in which a station 

22 is identified pursuant to subparagraph (A) shall 

23 provide for non-Federal users to share with 

24 such station the electromagnetic spectrum de25 scribed in subsection (d). Where exclusion zones 


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1 are necessary to avoid jeopardizing essential 

2 military capability, such plan shall provide for 

3 the smallest possible zones necessary for such 

4 purpose. 

5 (3) WITHDRAWAL OR MODIFICATION OF AS6 SIGNMENTS.— 

7 (A) WITHDRAWAL.—Upon relocation of a 

8 Federal Government station pursuant to para9 graph (1), the President shall withdraw the as10 signment to such station of the electromagnetic 

11 spectrum described in subsection (d). 

12 (B) MODIFICATION.—For each Federal 

13 Government station identified in a transition 

14 plan pursuant to paragraph (2)(A), the Presi15 dent shall modify the assignment to such sta16 tion of the electromagnetic spectrum described 

17 in subsection (d) to permit shared Federal and 

18 non-Federal use. 

19 (d) SPECTRUM DESCRIBED.—The electromagnetic 

20 spectrum described in this subsection is the spectrum be21 tween the frequencies from 1755 megahertz to 1780 

22 megahertz, inclusive. 


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1 (e) COMMISSION DEFINED.—In this section, the term 

2 ‘‘Commission’’ means the Federal Communications Com3 mission. 

Æ 


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