,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccee ,,in ,,the ,,house ,,of ,,representatives ,october #bh1 #bjac,mr4 ,guthrie introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,armed ,services1 ,education and the ,workforce1 ,natural ,resources1 ,house ,administration1 the ,judiciary1 ,rules1 ,appropriations1 ,science1 ,space1 and ,technology1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 burdens1 encouraging greater innovation and investment1 and developing a stronger workforce for the twenty-first century1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is the following3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,findings2 sense of the ,congress4,title ,i--,investing in ,america's workforce,sec4 #aja4 ,short title4,sec4 #ajb4 ,industry-recognized and nationally portable credentials for job training programs4,sec4 #ajc4 ,definitions4,sec4 #ajd4 ,rule of construction4,sec4 #aje4 ,effective date4,title ,,ii--,research and ,development ,tax ,credits,sec4 #bja4 ,extension of research credit2 alternative simplified research credit increased and made permanent4,title ,,iii--,comprehensive ,tax ,reform,sec4 #cja4 ,comprehensive reform of ,united ,states tax laws2 expedited consideration4,title ,,iv--,federal oil and gas resources,subtitle ,a--,expanding offshore energy development,sec4 #daa4 ,outer ,continental ,shelf leasing program4,sec4 #dab4 ,domestic oil and natural gas production goal4,subtitle ,b--,coastal ,plain of ,alaska,sec4 #dba4 ,short title4,sec4 #dbb4 ,definitions4,sec4 #dbc4 ,leasing program for lands within the ,coastal ,plain4,sec4 #dbd4 ,lease sales4,sec4 #dbe4 ,grant of leases by the ,secretary4,sec4 #dbf4 ,lease terms and conditions4,sec4 #dbg4 ,coastal ,plain environmental protection4,sec4 #dbh4 ,expedited judicial review4,sec4 #dbi4 ,treatment of revenues4,sec4 #dcj4 ,rights-of-way across the ,coastal ,plain4,sec4 #dca4 ,conveyance4,sec4 #dcb4 ,,anwr ,alternative ,energy ,trust ,fund4,title ,v--,energy ,consumers ,relief,sec4 #eja4 ,prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy4,sec4 #ejb4 ,reports and determinations prior to promulgating as final certain energy-related rules4,sec4 #ejc4 ,definitions4,sec4 #ejd4 ,prohibition on use of social cost of carbon in analysis4,title ,,vi--,repeal of the ,health ,care ,law and ,health ,care-,related ,provisions in the ,health ,care and ,education ,reconciliation ,act of #bjaj,sec4 #fja4 ,short title4,sec4 #fjb4 ,repeal of the health care law and health care-related provisions in the ,health ,care and ,education ,reconciliation ,act of #bjaj4,title ,,vii--,cooperative ,governing of ,individual ,health ,insurance ,coverage,sec4 #gja4 ,cooperative governing of individual health insurance coverage4,sec4 #gjb4 ,severability4,title ,,viii--,renewal of trade promotion authority,sec4 #hja4 ,renewal of trade promotion authority4,title ,,ix--,reform of export control policies ,sec4 #ija4 ,sense of ,congress on reform of export control policies4,title ,x--,efficient ,use of ,government ,spectrum,sec4 #ajja4 ,short title4,sec4 #ajjb4 ,reallocation and auction of #agee-aghj ,m,hz band4 #c4 ,findings2 sense of the ,congress 7a7 ,findings ,the ,congress finds the following3 7#a7 ,data indicate that manufacturing employees earn a higher average salary and receive greater benefits than workers in other industries4 7#b7 ,recent data also show that ,united ,states manufacturing companies cannot fill as many as #fjj1jjj skilled positions1 even as unemployment numbers hover at historically high levels4 7#c7 ,postsecondary success and workforce readiness can be achieved through attainment of recognized postsecondary credentials4 7#d7 ,data indicate that ,united ,states manufacturers invest a far greater percentage of revenue in research and development than other industries4 7#e7 ,the ,united ,states has the highest corporate tax rate in the developed world4 7#f7 ,a recent report indicates that ,united ,states manufacturers face a #bj percent structural cost burden compared to companies from the ,nation's #i largest trading partners4 7#g7 ,excessive ,federal regulations are placing a heavy burden on ,united ,states manufacturers4 7#h7 ,according to a recent report1 it is estimated that pending and recently finalized ,environmental ,protection ,agency regulations alone could cost manufacturers over #ajj1jjj1jjj1jjj per year in compliance1 plus additional one-time costs of over #ejj1jjj1jjj4 7#i7 ,data indicate that regulatory costs could cut annual ,united ,states economic output by as much as #fcj1jjj1jjj1jjj1 or #d4b percent of ,gross ,domestic ,product1 resulting in a net loss of #i1jjj1jjj jobs4 7#aj7 ,expanded domestic resource development would further reduce energy costs1 increasing ,united ,states manufacturers' competitive advantage4 7#aa7 ,data show that ,united ,states manufacturers have reduced energy usage and emissions to below the #aiij levels4 7#ab7 ,reports indicate ,united ,states health care costs have increased over #hj percent in the past decade1 creating greater personnel costs for manufacturers4 7#ac7 ,data show that ,united ,states manufacturers are responsible for #dg percent of total ,united ,states exports4 7#ad7 ,a widening trade gap with major trade partners means that manufacturers are at risk of losing export market share4 7b7 ,sense of the ,congress ,it is the sense of the ,congress that increasing the competitiveness of ,united ,states manufacturers will strengthen the national economy4 ,i ,investing in ,america's workforce #aja4 ,short title ,this title may be cited as the ,investing in ,america's ,workforce ,act4 #ajb4 ,industry-recognized and nationally portable credentials for job training programs 7a7 ,workforce ,investment ,act of #aiih 7#a7 ,youth activities ,section #abi7;c77#a77;,c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhed7;c77#a77;,c77 is amended-- 7,a7 by redesignating clauses 7ii7 through 7iv7 as clauses 7iii7 through 7v71 respectively2 and 7,b7 by inserting after clause 7i7 the following3 7ii7 training 7which may include priority consideration for training programs that lead to recognized postsecondary credentials 7as defined in section #ajd of the ,investing in ,america's ,workforce ,act7 that are aligned with in-demand occupations or industries in the local area involved1 if the local board determines that the programs meet the quality criteria described in section #abc72 4 7#b7 ,general employment and training activities ,section #acd7;d77#d77;,f7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;d77#d77;,f77 is amended by adding at the end the following3 7iv7 ,programs that lead to an industry-recognized and nationally portable credential ,in assisting individuals in selecting programs of training services under this section1 a one-stop operator and employees of a one-stop center referred to in subsection 7c7 may give priority consideration to programs 7approved in conjunction with eligibility decisions made under section #abb7 that lead to recognized postsecondary credentials 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act7 that are aligned with in-demand occupations or industries in the local area involved4 4 7#c7 ,criteria 7,a7 ,general employment and training activities ,section #abb7;b77#b77;,d7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdb7;b77#b77;,d77 is amended-- 7i7 in clause 7ii71 by striking and at the end2 7ii7 in clause 7iii71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 in the case of a provider of a program of training services that leads to a recognized postsecondary credential 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act71 that the program leading to the credential meets such quality criteria as the ,governor shall establish4 4 7,b7 ,youth activities ,section #abc of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdc7 by inserting 7including such quality criteria as the ,governor shall establish for a training program that leads to a recognized postsecondary credential 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act77 after plan4 7b7 ,career and technical education 7#a7 ,state plan ,section #abb7;c77#a77;,b7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcdb7;c77#a77;,b77 is amended-- 7,a7 by striking 7,b7 how and inserting 7,b77i7 how2 7,b7 by inserting and after the semicolon2 and 7,c7 by adding at the end the following 7ii7 in the case of an eligible entity that1 in developing and implementing programs of study leading to recognized postsecondary credentials1 desires to give a priority to such programs that are aligned with in-demand occupations or industries in the area served 7as determined by the eligible agency7 and that may provide a basis for additional credentials1 certificates1 or degree1 how the entity will do so2 4 7#b7 ,use of local funds ,section #acd7;b7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bced7;b77 is amended-- 7,a7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#ab77;,b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ac7 describe the career and technical education activities supporting the attainment of recognized postsecondary credentials 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act71 and1 in the case of an eligible recipient that desires to provide priority consideration to certain programs of study in accordance with the ,state plan under section #abb7;c77#a77;,b71 how the eligible recipient will give priority consideration to such activities4 4 7#c7 ,tech-prep programs ,section #bjc7;c77#b77;,e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcgc7;c77#b77;,e77 is amended by striking industry-recognized credential1 a certificate1 and inserting recognized postsecondary credential 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act and approved by the eligible agency714 7c7 ,training programs under ,,taa ,section #bcf7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7;a77 is amended by adding at the end the following3 7#ab7 ,in approving training programs for adversely affected workers and adversely affected incumbent workers under paragraph 7#a71 the ,secretary may give priority consideration to workers seeking training through programs that are approved in conjunction with eligibility decisions made under section #abb of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdb71 and that lead to recognized postsecondary credentials 7as defined in section #ajc of the ,investing in ,america's ,workforce ,act7 that are aligned with in-demand occupations or industries in the local area 7defined for purposes of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq477 involved4 4 #ajc4 ,definitions ,in this title3 7#a7 ,industry-recognized ,the term industry-recognized1 used with respect to a credential1 means a credential that-- 7,a7 is sought or accepted by employers within the industry sector involved as recognized1 preferred1 or required for recruitment1 screening1 hiring1 or advancement2 and 7,b7 is a nationally portable credential1 meaning a credential that is sought or accepted across multiple ,states1 as described in subparagraph 7,a74 7#b7 ,recognized postsecondary credential ,the term recognized postsecondary credential means a credential consisting of an industry-recognized credential for postsecondary training1 a certificate that meets the requirements of subparagraphs 7,a7 and 7,c7 of paragraph 7#a7 for postsecondary training1 a certificate of completion of a postsecondary apprenticeship through a program described in section #abb7;a77#b77;,b7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdb7;a77#b77;,b771 or an associate degree or baccalaureate degree awarded by an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb774 #ajd4 ,rule of construction ,nothing in this title shall be construed to require an entity with responsibility for selecting or approving an education1 training1 or workforce investment activities program with regard to a covered provision1 to select a program with a recognized postsecondary credential or certificate as defined by this title4 #aje4 ,effective date ,this title1 and the amendments made by this title1 take effect #abj days after the date of enactment of this ,act4 ,,ii ,research and ,development ,tax ,credits #bja4 ,extension of research credit2 alternative simplified research credit increased and made permanent 7a7 ,extension of credit 7#a7 ,in general ,subparagraph 7,b7 of section #da7;h77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjac and inserting ,december #ca1 #bjad4 7#b7 ,conforming amendment ,subparagraph 7,d7 of section #de;,c7b77#a7 of such ,code is amended by striking ,december #ca1 #bjac and inserting ,december #ca1 #bjad4 7#c7 ,effective date ,the amendments made by this subsection shall apply to amounts paid or incurred after ,december #ca1 #bjac4 7b7 ,alternative simplified research credit increased and made permanent 7#a7 ,increased credit ,subparagraph 7,a7 of section #da7;c77#e7 of such ,code 7relating to election of alternative simplified credit7 is amended by striking #ad percent 7#ab percent in the case of taxable years ending before ,january #a1 #bjji7 and inserting #bj percent4 7#b7 ,credit made permanent 7,a7 ,in general ,subsection 7h7 of section #da of such ,code is amended by redesignating the paragraph 7#b7 relating to computation of taxable year in which credit terminates as paragraph 7#d7 and by inserting before such paragraph the following new paragraph3 7#c7 ,termination not to apply to alternative simplified credit ,paragraph 7#a7 shall not apply to the credit determined under subsection 7c77#e74 4 7,b7 ,conforming amendment ,paragraph 7#d7 of section #da7;h7 of such ,code1 as redesignated by subparagraph 7,a71 is amended to read as follows3 7#d7 ,computation for taxable year in which credit terminates ,in the case of any taxable year with respect to which this section applies to a number of days which is less than the total number of days in such taxable year1 the amount determined under subsection 7c77#a77;,b7 with respect to such taxable year shall be the amount which bears the same ratio to such amount 7determined without regard to this paragraph7 as the number of days in such taxable year to which this section applies bears to the total number of days in such taxable year4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to taxable years ending after ,december #ca1 #bjab4 ,,iii ,comprehensive ,tax ,reform #cja4 ,comprehensive reform of ,united ,states tax laws2 expedited consideration 7a7 ,definition ,for purposes of this section1 the term tax reform bill means a bill of the #aacth ,congress-- 7#a7 introduced in the ,house of ,representatives by the chair of the ,committee on ,ways and ,means not later than the end of the #aacth ,congress the title of which is as follows3 ,a bill to provide for comprehensive tax reform42 and 7#b7 which is the subject of a certification under subsection 7b74 7b7 ,certification ,the chair of the ,joint ,committee on ,taxation shall notify the ,house and ,senate in writing whenever the chair of the ,joint ,committee determines that an introduced bill described in subsection 7a77#a7 contains at least each of the following proposals3 7#a7 ,a transition to a more globally competitive corporate tax code for ,united ,states businesses4 7#b7 ,a reduction in the complexity of the tax code4 7#c7 ,the elimination of special interest loopholes4 7c7 ,expedited consideration in the ,house of ,representatives 7#a7 ,any committee of the ,house of ,representatives to which the tax reform bill is referred shall report it to the ,house not later than #bj calendar days after the date of its introduction4 ,if a committee fails to report the tax reform bill within that period1 such committee shall be automatically discharged from further consideration of the bill4 7#b7 ,if the ,house has not otherwise proceeded to the consideration of the tax reform bill upon the expiration of #ae legislative days after the bill has been placed on the ,union ,calendar1 it shall be in order for the ,majority ,leader or a designee 7or1 after the expiration of an additional #b legislative days1 any ,member71 to offer one motion that the ,house resolve into the ,committee of the ,whole ,house on the state of the ,union for the consideration of the tax reform bill4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion except #bj minutes of debate equally divided and controlled by the proponent and an opponent4 ,if such a motion is adopted1 consideration shall proceed in accordance with paragraph 7#c74 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#c7 ,the first reading of the bill shall be dispensed with4 ,general debate shall be confined to the bill and shall not exceed #d hours1 equally divided and controlled by the chair and ranking minority member of the ,committee on ,ways and ,means4 ,at the conclusion of general debate1 the bill shall be read for amendment under the five-minute rule4 ,any committee amendment shall be considered as read4 ,at the conclusion of consideration of the bill for amendment the ,committee shall rise and report the bill to the ,house with such amendments as may have been adopted4 ,the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions4 ,a motion to reconsider the vote on passage of the bill shall not be in order4 7d7 ,expedited ,consideration in the ,senate 7#a7 ,committee consideration ,a tax reform bill1 as defined in subsection 7a71 received in the ,senate shall be referred to the ,committee on ,finance4 ,the ,committee shall report the bill not later than #ae calendar days after receipt of the bill in the ,senate4 ,if the ,committee fails to report the bill within that period1 that committee shall be discharged from consideration of the bill1 and the bill shall be placed on the calendar4 7#b7 ,motion to proceed ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #b days of session after the date on which the tax reform bill is reported or discharged from committee1 for the majority leader of the ,senate or the majority leader's designee to move to proceed to the consideration of the tax reform bill4 ,it shall also be in order for any ,member of the ,senate to move to proceed to the consideration of the tax reform bill at any time after the conclusion of such #b-;day period4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,all points of order against the motion to proceed to the tax reform bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 7#c7 ,consideration ,no motion to recommit shall be in order and debate on any motion or appeal shall be limited to one hour1 to be divided in the usual form4 7#d7 ,amendments ,all amendments must be relevant to the bill and debate on any amendment shall be limited to #b hours to be equally divided in the usual form between the opponents and proponents of the amendment4 ,debate on any amendment to an amendment1 debatable motion1 or appeal shall be limited to #a hour to be equally divided in the usual form between the opponents and proponents of the amendment4 7#e7 ,vote on passage ,if the ,senate has proceeded to the bill1 and following the conclusion of all debate1 the ,senate shall proceed to a vote on passage of the bill as amended1 if amended4 7e7 ,conference in the ,house ,if the ,house receives a message that the ,senate has passed the tax reform bill with an amendment or amendments1 it shall be in order for the chair of the ,committee on ,ways and ,means or a designee1 without intervention of any point of order1 to offer any motion specified in clause #a of rule ,,xxii4 7f7 ,conference in the ,senate ,if the ,senate receives from the ,house a message to accompany the tax reform bill1 as defined in subsection 7a71 then no later than two session days after its receipt-- 7#a7 the ,chair shall lay the message before the ,senate2 7#b7 the motion to insist on the ,senate amendment or disagree to the ,house amendment or amendments to the ,senate amendment1 the request for a conference with the ,house or the motion to agree to the request of the ,house for a conference1 and the motion to authorize the ,chair to appoint conferees on the part of the ,senate shall be agreed to2 and 7#c7 the ,chair shall then be authorized to appoint conferees on the part of the ,senate without intervening motion1 with a ratio agreed to with the concurrence of both leaders4 7g7 ,rulemaking ,this section is enacted by the ,congress as an exercise of the rulemaking power of the ,house of ,representatives and ,senate1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 or of that ,house to which they specifically apply1 and such procedures supersede other rules only to the extent that they are inconsistent with such rules2 and with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedures of that ,house7 at any time1 in the same manner1 and to the same extent as any other rule of that ,house4 ,,iv ,federal oil and gas resources ,a ,expanding offshore energy development #daa4 ,outer ,continental ,shelf leasing program 7a7 ,in general ,section #ah7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;a77 is amended by adding at the end the following3 7#e7 7,a7 ,in each oil and gas leasing program under this section1 the ,secretary shall make available for leasing and conduct lease sales including-- 7i7 at least #ej percent of the available unleased acreage within each outer ,continental ,shelf planning area considered to have the largest undiscovered1 technically recoverable oil and gas resources 7on a total btu basis7 based upon the most recent national geologic assessment of the outer ,continental ,shelf1 with an emphasis on offering the most geologically prospective parts of the planning area2 and 7ii7 any ,state subdivision of an outer ,continental ,shelf planning area that the ,governor of the ,state that represents that subdivision requests be made available for leasing4 7,b7 ,in this paragraph the term available unleased acreage means that portion of the outer ,continental ,shelf that is not under lease at the time of a proposed lease sale1 and that has not otherwise been made unavailable for leasing by law4 7#f7 7,a7 ,in each #e-year oil and gas leasing program1 the ,secretary shall make available for leasing any outer ,continental ,shelf planning areas that-- 7i7 are estimated to contain more than #b1ejj1jjj1jjj barrels of oil2 or 7ii7 are estimated to contain more than #g1ejj1jjj1jjj1jjj cubic feet of natural gas4 7,b7 ,to determine the planning areas described in subparagraph 7,a71 the ,secretary shall use the document entitled ,minerals ,management ,service ,assessment of ,undiscovered ,technically ,recoverable ,oil and ,gas ,resources of the ,nation's ,outer ,continental ,shelf1 #bjjf4 4 7b7 ,relationship to existing plan ,the amendments made by subsection 7a7 shall not affect the #bjab-bjag #e-year oil and gas leasing program4 #dab4 ,domestic oil and natural gas production goal 7a7 ,in general ,section #ah7;b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;b77 is amended to read as follows3 7b7 ,domestic oil and natural gas production goal - 7#a7 ,in general ,in developing a #e-year oil and gas leasing program1 and subject to paragraph 7#b71 the ,secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program4 ,such goal shall be-- 7,a7 the best estimate of the possible increase in domestic production of oil and natural gas from the outer ,continental ,shelf2 7,b7 focused on meeting domestic demand for oil and natural gas and reducing the dependence of the ,united ,states on foreign energy2 and 7,c7 focused on the production increases achieved by the leasing program at the end of the #ae-year period beginning on the effective date of the program4 7#b7 ,program goal ,for purposes of each #e-year oil and gas leasing program that applies before #bjbg1 the production goal referred to in paragraph 7#a7 shall be an increase by #bjbg1 from the levels of oil and gas produced as of the date of enactment of this paragraph1 of-- 7,a7 no less than #c1jjj1jjj barrels in the amount of oil produced per day2 and 7,b7 no less than #aj1jjj1jjj1jjj cubic feet in the amount of natural gas produced per day4 7#c7 ,reporting ,the ,secretary shall report annually1 beginning at the end of the #e-year period for which the program applies1 to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate on the progress of the program in meeting the production goal4 ,the ,secretary shall identify in the report projections for production and any problems with leasing1 permitting1 or production that will prevent meeting the goal4 4 7b7 ,relationship to existing plan ,the amendment made by subsection 7a7 shall not affect the #bjab-bjag #e-year oil and gas leasing program4 ,b ,coastal ,plain of ,alaska #dba4 ,short title ,this subtitle may be cited as the ,american ,energy ,independence and ,price ,reduction ,act4 #dbb4 ,definitions ,in this subtitle3 7#a7 ,coastal plain ,the term ,coastal ,plain means that area described in appendix ,i to part #cg of title #ej1 ,code of ,federal ,regulations4 7#b7 ,secretary ,the term ,secretary1 except as otherwise provided1 means the ,secretary of the ,interior or the ,secretary's designee4 #dbc4 ,leasing program for lands within the ,coastal ,plain 7a7 ,in ,general ,the ,secretary shall take such actions as are necessary-- 7#a7 to establish and implement1 in accordance with this subtitle and acting through the ,director of the ,bureau of ,land ,management in consultation with the ,director of the ,united ,states ,fish and ,wildlife ,service1 a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer the provisions of this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 subsistence resources1 and the environment1 including1 in furtherance of this goal1 by requiring the application of the best commercially available technology for oil and gas exploration1 development1 and production to all exploration1 development1 and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased4 7b7 ,repeal 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act is amended by striking the item relating to section #ajjc4 7c7 ,compliance ,with ,requirements ,under ,certain ,other ,laws 7#a7 ,compatibility ,for purposes of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the oil and gas leasing program and activities authorized by this section in the ,coastal ,plain are deemed to be compatible with the purposes for which the ,arctic ,national ,wildlife ,refuge was established1 and no further findings or decisions are required to implement this determination4 7#b7 ,adequacy of the department of the interior's legislative environmental impact statement ,the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 is deemed to satisfy the requirements under the ,national ,environmental ,policy ,act of #aifi that apply with respect to prelease activities1 including actions authorized to be taken by the ,secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale4 7#c7 ,compliance with nepa for other actions ,before conducting the first lease sale under this subtitle1 the ,secretary shall prepare an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi with respect to the actions authorized by this subtitle that are not referred to in paragraph 7#b74 ,notwithstanding any other law1 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action4 ,the ,secretary shall only identify a preferred action for such leasing and a single leasing alternative1 and analyze the environmental effects and potential mitigation measures for those two alternatives4 ,the identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within #ah months after the date of enactment of this subtitle4 ,the ,secretary shall only consider public comments that specifically address the ,secretary's preferred action and that are filed within #bj days after publication of an environmental analysis4 ,notwithstanding any other law1 compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle4 7d7 ,relationship to ,state and ,local ,authority ,nothing in this subtitle shall be considered to expand or limit ,state and local regulatory authority4 7e7 ,special ,areas 7#a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the city of ,kaktovik1 and the ,north ,slope ,borough1 may designate up to a total of #de1jjj acres of the ,coastal ,plain as a ,special ,area if the ,secretary determines that the ,special ,area is of such unique character and interest so as to require special management and regulatory protection4 ,the ,secretary shall designate as such a ,special ,area the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres4 7#b7 ,management ,each such ,special ,area shall be managed so as to protect and preserve the area's unique and diverse character including its fish1 wildlife1 and subsistence resource values4 7#c7 ,exclusion from leasing or surface occupancy ,the ,secretary may exclude any ,special ,area from leasing4 ,if the ,secretary leases a ,special ,area1 or any part thereof1 for purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the lands comprising the ,special ,area4 7#d7 ,directional drilling ,notwithstanding the other provisions of this subsection1 the ,secretary may lease all or a portion of a ,special ,area under terms that permit the use of horizontal drilling technology from sites on leases located outside the ,special ,area4 7f7 ,limitation on ,closed ,areas ,the ,secretary's sole authority to close lands within the ,coastal ,plain to oil and gas leasing and to exploration1 development1 and production is that set forth in this subtitle4 7g7 ,regulations 7#a7 ,in general ,the ,secretary shall prescribe such regulations as may be necessary to carry out this subtitle1 including rules and regulations relating to protection of the fish and wildlife1 their habitat1 subsistence resources1 and environment of the ,coastal ,plain1 by no later than #ae months after the date of enactment of this subtitle4 7#b7 ,revision of regulations ,the ,secretary shall periodically review and1 if appropriate1 revise the rules and regulations issued under subsection 7a7 to reflect any significant biological1 environmental1 or engineering data that come to the ,secretary's attention4 #dbd4 ,lease sales 7a7 ,in ,general ,lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq474 7b7 ,procedures ,the ,secretary shall1 by regulation1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area in the ,coastal ,plain for inclusion in1 or exclusion 7as provided in subsection 7c77 from1 a lease sale2 7#b7 the holding of lease sales after such nomination process2 and 7#c7 public notice of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease ,sale ,bids 7#a7 ,in general ,bidding for leases under this subtitle shall be by sealed competitive cash bonus bids1 except as provided in paragraph 7#b74 7#b7 ,lease sale bids ,lease sales under this subtitle may be conducted through an ,internet leasing program1 if the ,secretary determines that such a system will result in savings to the taxpayer1 an increase in the number of bidders participating1 and higher returns than oral bidding or a sealed bidding system4 7d7 ,acreage ,minimum in ,first ,sale ,in the first lease sale under this subtitle1 the ,secretary shall offer for lease those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a71 but in no case less than #bjj1jjj acres4 7e7 ,timing of ,lease ,sales ,the ,secretary shall-- 7#a7 conduct the first lease sale under this subtitle within #bb months after the date of the enactment of this subtitle2 7#b7 evaluate the bids in such sale and issue leases resulting from such sale1 within #ij days after the date of the completion of such sale2 and 7#c7 conduct additional sales so long as sufficient interest in development exists to warrant1 in the ,secretary's judgment1 the conduct of such sales4 #dbe4 ,grant of leases by the ,secretary 7a7 ,in ,general ,the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section #dbd any lands to be leased on the ,coastal ,plain upon payment by the lessee of such bonus as may be accepted by the ,secretary4 7b7 ,subsequent ,transfers ,no lease issued under this subtitle may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 ,prior to any such approval the ,secretary shall consult with1 and give due consideration to the views of1 the ,attorney ,general4 #dbf4 ,lease terms and conditions 7a7 ,in ,general ,an oil or gas lease issued pursuant to this subtitle shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent in amount or value of the production removed or sold from the lease1 as determined by the ,secretary under the regulations applicable to other ,federal oil and gas leases2 7#b7 provide that the ,secretary may close1 on a seasonal basis1 portions of the ,coastal ,plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife2 7#c7 require that the lessee of lands within the ,coastal ,plain shall be fully responsible and liable for the reclamation of lands within the ,coastal ,plain and any other ,federal lands that are adversely affected in connection with exploration1 development1 production1 or transportation activities conducted under the lease and within the ,coastal ,plain by the lessee or by any of the subcontractors or agents of the lessee2 7#d7 provide that the lessee may not delegate or convey1 by contract or otherwise1 the reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#e7 provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be1 as nearly as practicable1 a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration1 development1 or production activities1 or upon application by the lessee1 to a higher or better use as approved by the ,secretary2 7#f7 contain terms and conditions relating to protection of fish and wildlife1 their habitat1 subsistence resources1 and the environment as required pursuant to section #dbc7;a77#b72 7#g7 provide that the lessee1 its agents1 and its contractors use best efforts to provide a fair share1 as determined by the level of obligation previously agreed to in the #aigd agreement implementing section #bi of the ,federal ,agreement and ,grant of ,right of ,way for the ,operation of the ,trans-,alaska ,pipeline1 of employment and contracting for ,alaska ,natives and ,alaska ,native ,corporations from throughout the ,state2 7#h7 prohibit the export of oil produced under the lease2 and 7#i7 contain such other provisions as the ,secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle4 7b7 ,project ,labor ,agreements ,the ,secretary1 as a term and condition of each lease under this subtitle and in recognizing the ,government's proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this subtitle and the special concerns of the parties to such leases1 shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production1 maintenance1 and construction under the lease4 #dbg4 ,coastal ,plain environmental protection 7a7 ,no ,significant ,adverse ,effect ,standard ,to ,govern ,authorized ,coastal ,plain ,activities ,the ,secretary shall1 consistent with the requirements of section #dbc1 administer the provisions of this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that-- 7#a7 ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum amount of surface acreage covered by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #b1jjj acres on the ,coastal ,plain4 7b7 ,site-,specific ,assessment and ,mitigation ,the ,secretary shall also require1 with respect to any proposed drilling and related activities1 that-- 7#a7 a site-specific analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 their habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan4 7c7 ,regulations ,to ,protect ,coastal ,plain ,fish and ,wildlife ,resources1 ,subsistence ,users1 and the ,environment ,before implementing the leasing program authorized by this subtitle1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other measures designed to ensure that the activities undertaken on the ,coastal ,plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle4 7d7 ,compliance ,with ,federal and ,state ,environmental ,laws and ,other ,requirements ,the proposed regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of ,federal and ,state environmental law1 and shall also require the following3 7#a7 ,standards at least as effective as the safety and environmental mitigation measures set forth in items #a through #bi at pages #afg through #afi of the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain4 7#b7 ,seasonal limitations on exploration1 development1 and related activities1 where necessary1 to avoid significant adverse effects during periods of concentrated fish and wildlife breeding1 denning1 nesting1 spawning1 and migration4 7#c7 ,that exploration activities1 except for surface geological studies1 be limited to the period between approximately ,november #a and ,may #a each year and that exploration activities shall be supported1 if necessary1 by ice roads1 winter trails with adequate snow cover1 ice pads1 ice airstrips1 and air transport methods1 except that such exploration activities may occur at other times if the ,secretary finds that such exploration will have no significant adverse effect on the fish and wildlife1 their habitat1 and the environment of the ,coastal ,plain4 7#d7 ,design safety and construction standards for all pipelines and any access and service roads1 that-- 7,a7 minimize1 to the maximum extent possible1 adverse effects upon the passage of migratory species such as caribou2 and 7,b7 minimize adverse effects upon the flow of surface water by requiring the use of culverts1 bridges1 and other structural devices4 7#e7 ,prohibitions on general public access and use on all pipeline access and service roads4 7#f7 ,stringent reclamation and rehabilitation requirements1 consistent with the standards set forth in this subtitle1 requiring the removal from the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment upon completion of oil and gas production operations1 except that the ,secretary may exempt from the requirements of this paragraph those facilities1 structures1 or equipment that the ,secretary determines would assist in the management of the ,arctic ,national ,wildlife ,refuge and that are donated to the ,united ,states for that purpose4 7#g7 ,appropriate prohibitions or restrictions on access by all modes of transportation4 7#h7 ,appropriate prohibitions or restrictions on sand and gravel extraction4 7#i7 ,consolidation of facility siting4 7#aj7 ,appropriate prohibitions or restrictions on use of explosives4 7#aa7 ,avoidance1 to the extent practicable1 of springs1 streams1 and river system2 the protection of natural surface drainage patterns1 wetlands1 and riparian habitats2 and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling4 7#ab7 ,avoidance or minimization of air traffic-related disturbance to fish and wildlife4 7#ac7 ,treatment and disposal of hazardous and toxic wastes1 solid wastes1 reserve pit fluids1 drilling muds and cuttings1 and domestic wastewater1 including an annual waste management report1 a hazardous materials tracking system1 and a prohibition on chlorinated solvents1 in accordance with applicable ,federal and ,state environmental law4 7#ad7 ,fuel storage and oil spill contingency planning4 7#ae7 ,research1 monitoring1 and reporting requirements4 7#af7 ,field crew environmental briefings4 7#ag7 ,avoidance of significant adverse effects upon subsistence hunting1 fishing1 and trapping by subsistence users4 7#ah7 ,compliance with applicable air and water quality standards4 7#ai7 ,appropriate seasonal and safety zone designations around well sites1 within which subsistence hunting and trapping shall be limited4 7#bj7 ,reasonable stipulations for protection of cultural and archeological resources4 7#ba7 ,all other protective environmental stipulations1 restrictions1 terms1 and conditions deemed necessary by the ,secretary4 7e7 ,considerations ,in preparing and promulgating regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations under this section1 the ,secretary shall consider the following3 7#a7 ,the stipulations and conditions that govern the ,national ,petroleum ,reserve-,alaska leasing program1 as set forth in the #aiii ,northeast ,national ,petroleum ,reserve-,alaska ,final ,integrated ,activity ,plan_/,environmental ,impact ,statement4 7#b7 ,the environmental protection standards that governed the initial ,coastal ,plain seismic exploration program under parts #cg4ca to #cg4cc of title #ej1 ,code of ,federal ,regulations4 7#c7 ,the land use stipulations for exploratory drilling on the ,,kic-,,asrc private lands that are set forth in appendix #b of the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states4 7f7 ,facility ,consolidation ,planning 7#a7 ,in general ,the ,secretary shall1 after providing for public notice and comment1 prepare and update periodically a plan to govern1 guide1 and direct the siting and construction of facilities for the exploration1 development1 production1 and transportation of ,coastal ,plain oil and gas resources4 7#b7 ,objectives ,the plan shall have the following objectives3 7,a7 ,avoiding unnecessary duplication of facilities and activities4 7,b7 ,encouraging consolidation of common facilities and activities4 7,c7 ,locating or confining facilities and activities to areas that will minimize impact on fish and wildlife1 their habitat1 and the environment4 7,d7 ,utilizing existing facilities wherever practicable4 7,e7 ,enhancing compatibility between wildlife values and development activities4 7g7 ,access to ,public ,lands ,the ,secretary shall-- 7#a7 manage public lands in the ,coastal ,plain subject to subsections 7a7 and 7b7 of section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public lands in the ,coastal ,plain for traditional uses4 #dbh4 ,expedited judicial review 7a7 ,filing of ,complaint 7#a7 ,deadline ,subject to paragraph 7#b71 any complaint seeking judicial review of any provision of this subtitle or any action of the ,secretary under this subtitle shall be filed-- 7,a7 except as provided in subparagraph 7,b71 within the #ij-;day period beginning on the date of the action being challenged2 or 7,b7 in the case of a complaint based solely on grounds arising after such period1 within #ij days after the complainant knew or reasonably should have known of the grounds for the complaint4 7#b7 ,venue ,any complaint seeking judicial review of any provision of this subtitle or any action of the ,secretary under this subtitle may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 7#c7 ,limitation on scope of certain review ,judicial review of a ,secretarial decision to conduct a lease sale under this subtitle1 including the environmental analysis thereof1 shall be limited to whether the ,secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision4 ,the ,secretary's identification of a preferred course of action to enable leasing to proceed and the ,secretary's analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary4 7b7 ,limitation on ,other ,review ,actions of the ,secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement4 #dbi4 ,treatment of revenues ,notwithstanding any other provision of law1 #ej percent of the amount of bonus1 rental1 and royalty revenues from ,federal oil and gas leasing and operations authorized under this subtitle shall be deposited in the ,,anwr ,alternative ,energy ,trust ,fund established by section #dcb4 #dcj4 ,rights-of-way across the ,coastal ,plain 7a7 ,in ,general ,the ,secretary shall issue rights-of-way and easements across the ,coastal ,plain for the transportation of oil and gas-- 7#a7 except as provided in paragraph 7#b71 under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 without regard to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq472 and 7#b7 under title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj and #caga74 7b7 ,terms and ,conditions ,the ,secretary shall include in any right-of-way or easement issued under subsection 7a7 such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife1 subsistence resources1 their habitat1 and the environment of the ,coastal ,plain1 including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines4 7c7 ,regulations ,the ,secretary shall include in regulations under section #dbc7;g7 provisions granting rights-of-way and easements described in subsection 7a7 of this section4 #dca4 ,conveyance ,in order to maximize ,federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the ,coastal ,plain1 the ,secretary1 notwithstanding the provisions of section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 shall convey-- 7#a7 to the ,kaktovik ,inupiat ,corporation the surface estate of the lands described in paragraph #a of ,public ,land ,order #fiei1 to the extent necessary to fulfill the ,corporation's entitlement under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa and #afac7 in accordance with the terms and conditions of the ,agreement between the ,department of the ,interior1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation effective ,january #bb1 #aiic2 and 7#b7 to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which it is entitled pursuant to the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states of ,america4 #dcb4 ,,anwr ,alternative ,energy ,trust ,fund 7a7 ,establishment of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,,anwr ,alternative ,energy ,trust ,fund1 consisting of such amounts as may be transferred to the ,,anwr ,alternative ,energy ,trust ,fund as provided in section #dbi4 7b7 ,expenditures ,from ,,anwr ,alternative ,energy ,trust ,fund 7#a7 ,in general ,amounts in the ,,anwr ,alternative ,energy ,trust ,fund shall be available without further appropriation to carry out specified provisions of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 in this section referred to as ,e,p,act#bjje7 and the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 in this section referred to as ,e,i,s,act#bjjg71 as follows3 ,to carry out the provisions of3,the following percentage of annual receipts to the ,,anwr ,alternative ,energy ,trust ,fund1 but not to exceed the limit on amount authorized1 if any3,e,p,act#bjje3,section #baja4e percent,section #bdba4j percent,section #cfib4j percent,section #djaf4j percent,section #habf4j percent,section #icaai4j percent,section #idba4e percent,section #ifbc4j percent,section #ifha4e percent,section #agjdf4j percent,e,i,s,act#bjjg3,section #bjgae4j percent,section #fjga4e percent,title ,,vi1 ,subtitle ,b#c4j percent,title ,,vi1 ,subtitle ,c#a4e percent,section #fdai4j percent,title ,,vii1 ,subtitle ,a#ae4j percent,section #aaaba4e percent,section #acjdf4j percent4 7#b7 ,apportionment of excess amount ,notwithstanding paragraph 7#a71 any amounts allocated under paragraph 7#a7 that are in excess of the amounts authorized in the applicable cited section or subtitle of ,e,p,act#bjje and ,e,i,s,act#bjjg shall be reallocated to the remaining sections and subtitles cited in paragraph 7#a71 up to the amounts otherwise authorized by law to carry out such sections and subtitles1 in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles4 ,v ,energy ,consumers ,relief #eja4 ,prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy ,notwithstanding any other provision of law1 the ,administrator of the ,environmental ,protection ,agency may not promulgate as final an energy-related rule that is estimated to cost more than #a billion if the ,secretary of ,energy determines under section #ejb7c7 that the rule will cause significant adverse effects to the economy4 #ejb4 ,reports and determinations prior to promulgating as final certain energy-related rules ,before promulgating as final any energy-related rule that is estimated to cost more than #a billion3 7#a7 ,report to ,congress ,the ,administrator of the ,environmental ,protection ,agency shall submit to ,congress a report 7and transmit a copy to the ,secretary of ,energy7 containing-- 7,a7 a copy of the rule2 7,b7 a concise general statement relating to the rule2 7,c7 an estimate of the total costs of the rule1 including the direct costs and indirect costs of the rule2 7,d7 7i7 an estimate of the total benefits of the rule and when such benefits are expected to be realized2 7ii7 a description of the modeling1 the calculations1 the assumptions1 and the limitations due to uncertainty1 speculation1 or lack of information associated with the estimates under this subparagraph2 and 7iii7 a certification that all data and documents relied upon by the ,agency in developing such estimates-- 7,i7 have been preserved2 and 7,,ii7 are available for review by the public on the ,agency's ,web site1 except to the extent to which publication of such data and documents would constitute disclosure of confidential information in violation of applicable ,federal law2 7,e7 an estimate of the increases in energy prices1 including potential increases in gasoline or electricity prices for consumers1 that may result from implementation or enforcement of the rule2 and 7,f7 a detailed description of the employment effects1 including potential job losses and shifts in employment1 that may result from implementation or enforcement of the rule4 7#b7 ,initial determination on increases and impacts ,the ,secretary of ,energy1 in consultation with the ,federal ,energy ,regulatory ,commission and the ,administrator of the ,energy ,information ,administration1 shall prepare an independent analysis to determine whether the rule will cause-- 7,a7 any increase in energy prices for consumers1 including low-income households1 small businesses1 and manufacturers2 7,b7 any impact on fuel diversity of the ,nation's electricity generation portfolio or on national1 regional1 or local electric reliability2 7,c7 any adverse effect on energy supply1 distribution1 or use due to the economic or technical infeasibility of implementing the rule2 or 7,d7 any other adverse effect on energy supply1 distribution1 or use 7including a shortfall in supply and increased use of foreign supplies74 7#c7 ,subsequent determination on adverse effects to the economy ,if the ,secretary of ,energy determines1 under paragraph 7#b71 that the rule will cause an increase1 impact1 or effect described in such paragraph1 then the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the ,administrator of the ,small ,business ,administration1 shall-- 7,a7 determine whether the rule will cause significant adverse effects to the economy1 taking into consideration-- 7i7 the costs and benefits of the rule and limitations in calculating such costs and benefits due to uncertainty1 speculation1 or lack of information2 and 7ii7 the positive and negative impacts of the rule on economic indicators1 including those related to gross domestic product1 unemployment1 wages1 consumer prices1 and business and manufacturing activity2 and 7,b7 publish the results of such determination in the ,federal ,register4 #ejc4 ,definitions ,in this title3 7#a7 ,the terms direct costs and indirect costs have the meanings given such terms in chapter #h of the ,environmental ,protection ,agency's ,guidelines for ,preparing ,economic ,analyses dated ,december #ag1 #bjaj4 7#b7 ,the term energy-related rule that is estimated to cost more than #a billion means a rule of the ,environmental ,protection ,agency that-- 7,a7 regulates any aspect of the production1 supply1 distribution1 or use of energy or provides for such regulation by ,states or other governmental entities2 and 7,b7 is estimated by the ,administrator of the ,environmental ,protection ,agency or the ,director of the ,office of ,management and ,budget to impose direct costs and indirect costs1 in the aggregate1 of more than #a1jjj1jjj1jjj4 7#c7 ,the term rule has the meaning given to such term in section #eea of title #e1 ,united ,states ,code4 #ejd4 ,prohibition on use of social cost of carbon in analysis 7a7 ,in general ,notwithstanding any other provision of law or any ,executive order1 the ,administrator of the ,environmental ,protection ,agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions1 or for any other reason1 in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than #a billion unless and until a ,federal law is enacted authorizing such use4 7b7 ,definition ,in this section1 the term social cost of carbon means the social cost of carbon as described in the technical support document entitled ,technical ,support ,document3 ,technical ,update of the ,social ,cost of ,carbon for ,regulatory ,impact ,analysis ,under ,executive ,order #abhff1 published by the ,interagency ,working ,group on ,social ,cost of ,carbon1 ,united ,states ,government1 in ,may #bjac1 or any successor or substantially related document1 or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year4 ,,vi ,repeal of the ,health ,care ,law and ,health ,care-,related ,provisions in the ,health ,care and ,education ,reconciliation ,act of #bjaj #fja4 ,short title ,this title may be cited as the ,repealing the ,health ,care ,law ,act4 #fjb4 ,repeal of the health care law and health care-related provisions in the ,health ,care and ,education ,reconciliation ,act of #bjaj 7a7 ,health care law ,effective as of the enactment of ,public ,law #aaa-adh1 such ,act is repealed1 and the provisions of law amended or repealed by such ,act are restored or revived as if such ,act had not been enacted4 7b7 ,health care-,related provisions in the ,health ,care and ,education ,reconciliation ,act of #bjaj ,effective as of the enactment of the ,health ,care and ,education ,reconciliation ,act of #bjaj 7,public ,law #aaa-aeb71 title ,i and subtitle ,b of title ,,ii of such ,act are repealed1 and the provisions of law amended or repealed by such title or subtitle1 respectively1 are restored or revived as if such title and subtitle had not been enacted4 ,,vii ,cooperative ,governing of ,individual ,health ,insurance ,coverage #gja4 ,cooperative governing of individual health insurance coverage 7a7 ,in ,general ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended by adding at the end the following new part3 ,d ,cooperative ,governing of ,individual ,health ,insurance ,coverage #bgie4 ,definitions ,in this part3 7#a7 ,primary state ,the term primary ,state means1 with respect to individual health insurance coverage offered by a health insurance issuer1 the ,state designated by the issuer as the ,state whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part4 ,an issuer1 with respect to a particular policy1 may only designate one such ,state as its primary ,state with respect to all such coverage it offers4 ,such an issuer may not change the designated primary ,state with respect to individual health insurance coverage once the policy is issued1 except that such a change may be made upon renewal of the policy4 ,with respect to such designated ,state1 the issuer is deemed to be doing business in that ,state4 7#b7 ,secondary state ,the term secondary ,state means1 with respect to individual health insurance coverage offered by a health insurance issuer1 any ,state that is not the primary ,state4 ,in the case of a health insurance issuer that is selling a policy in1 or to a resident of1 a secondary ,state1 the issuer is deemed to be doing business in that secondary ,state4 7#c7 ,health insurance issuer ,the term health insurance issuer has the meaning given such term in section #bgia7;b77#b71 except that such an issuer must be licensed in the primary ,state and be qualified to sell individual health insurance coverage in that ,state4 7#d7 ,individual health insurance coverage ,the term individual health insurance coverage means health insurance coverage offered in the individual market1 as defined in section #bgia7;e77#a74 7#e7 ,applicable state authority ,the term applicable ,state authority means1 with respect to a health insurance issuer in a ,state1 the ,state insurance commissioner or official or officials designated by the ,state to enforce the requirements of this title for the ,state with respect to the issuer4 7#f7 ,hazardous financial condition ,the term hazardous financial condition means that1 based on its present or reasonably anticipated financial condition1 a health insurance issuer is unlikely to be able-- 7,a7 to meet obligations to policyholders with respect to known claims and reasonably anticipated claims2 or 7,b7 to pay other obligations in the normal course of business4 7#g7 ,covered laws 7,a7 ,in general ,the term covered laws means the laws1 rules1 regulations1 agreements1 and orders governing the insurance business pertaining to-- 7i7 individual health insurance coverage issued by a health insurance issuer2 7ii7 the offer1 sale1 rating 7including medical underwriting71 renewal1 and issuance of individual health insurance coverage to an individual2 7iii7 the provision to an individual in relation to individual health insurance coverage of health care and insurance related services2 7iv7 the provision to an individual in relation to individual health insurance coverage of management1 operations1 and investment activities of a health insurance issuer2 and 7v7 the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance4 7,b7 ,exception ,such term does not include any law1 rule1 regulation1 agreement1 or order governing the use of care or cost management techniques1 including any requirement related to provider contracting1 network access or adequacy1 health care data collection1 or quality assurance4 7#h7 ,state ,the term ,state means the #ej ,states and includes the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,northern ,mariana ,islands4 7#i7 ,unfair claims settlement practices ,the term unfair claims settlement practices means only the following practices3 7,a7 ,knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue4 7,b7 ,failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies4 7,c7 ,failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies4 7,d7 ,failing to effectuate prompt1 fair1 and equitable settlement of claims submitted in which liability has become reasonably clear4 7,e7 ,refusing to pay claims without conducting a reasonable investigation4 7,f7 ,failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims4 7,g7 ,a pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them4 7,h7 ,a pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application4 7,i7 ,attempting to settle or settling claims on the basis of an application that was materially altered without notice to1 or knowledge or consent of1 the insured4 7,j7 ,failing to provide forms necessary to present claims within #ae calendar days of a request with reasonable explanations regarding their use4 7,k7 ,attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary ,state4 7#aj7 ,fraud and abuse ,the term fraud and abuse means an act or omission committed by a person who1 knowingly and with intent to defraud1 commits1 or conceals any material information concerning1 one or more of the following3 7,a7 ,presenting1 causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer1 a reinsurer1 broker or its agent1 false information as part of1 in support of or concerning a fact material to one or more of the following3 7i7 ,an application for the issuance or renewal of an insurance policy or reinsurance contract4 7ii7 ,the rating of an insurance policy or reinsurance contract4 7iii7 ,a claim for payment or benefit pursuant to an insurance policy or reinsurance contract4 7iv7 ,premiums paid on an insurance policy or reinsurance contract4 7v7 ,payments made in accordance with the terms of an insurance policy or reinsurance contract4 7vi7 ,a document filed with the commissioner or the chief insurance regulatory official of another jurisdiction4 7vii7 ,the financial condition of an insurer or reinsurer4 7viii7 ,the formation1 acquisition1 merger1 reconsolidation1 dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a ,state by an insurer or reinsurer4 7ix7 ,the issuance of written evidence of insurance4 7x7 ,the reinstatement of an insurance policy4 7,b7 ,solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction4 7,c7 ,transaction of the business of insurance in violation of laws requiring a license1 certificate of authority or other legal authority for the transaction of the business of insurance4 7,d7 ,attempt to commit1 aiding or abetting in the commission of1 or conspiracy to commit the acts or omissions specified in this paragraph4 #bgif4 ,application of law 7a7 ,in ,general ,the covered laws of the primary ,state shall apply to individual health insurance coverage offered by a health insurance issuer in the primary ,state and in any secondary ,state1 but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary ,state4 7b7 ,exemptions ,from ,covered ,laws in a ,secondary ,state ,except as provided in this section1 a health insurance issuer with respect to its offer1 sale1 rating 7including medical underwriting71 renewal1 and issuance of individual health insurance coverage in any secondary ,state is exempt from any covered laws of the secondary ,state 7and any rules1 regulations1 agreements1 or orders sought or issued by such ,state under or related to such covered laws7 to the extent that such laws would-- 7#a7 make unlawful1 or regulate1 directly or indirectly1 the operation of the health insurance issuer operating in the secondary ,state1 except that any secondary ,state may require such an issuer-- 7,a7 to pay1 on a nondiscriminatory basis1 applicable premium and other taxes 7including high risk pool assessments7 which are levied on insurers and surplus lines insurers1 brokers1 or policyholders under the laws of the ,state2 7,b7 to register with and designate the ,state insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process2 7,c7 to submit to an examination of its financial condition by the ,state insurance commissioner in any ,state in which the issuer is doing business to determine the issuer's financial condition1 if-- 7i7 the ,state insurance commissioner of the primary ,state has not done an examination within the period recommended by the ,national ,association of ,insurance ,commissioners2 and 7ii7 any such examination is conducted in accordance with the examiners' handbook of the ,national ,association of ,insurance ,commissioners and is coordinated to avoid unjustified duplication and unjustified repetition2 7,d7 to comply with a lawful order issued-- 7i7 in a delinquency proceeding commenced by the ,state insurance commissioner if there has been a finding of financial impairment under subparagraph 7,c72 or 7ii7 in a voluntary dissolution proceeding2 7,e7 to comply with an injunction issued by a court of competent jurisdiction1 upon a petition by the ,state insurance commissioner alleging that the issuer is in hazardous financial condition2 7,f7 to participate1 on a nondiscriminatory basis1 in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the ,state is required to belong2 7,g7 to comply with any ,state law regarding fraud and abuse 7as defined in section #bgie7aj771 except that if the ,state seeks an injunction regarding the conduct described in this subparagraph1 such injunction must be obtained from a court of competent jurisdiction2 7,h7 to comply with any ,state law regarding unfair claims settlement practices 7as defined in section #bgie7i772 or 7,i7 to comply with the applicable requirements for independent review under section #bgih with respect to coverage offered in the ,state2 7#b7 require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that ,secondary ,state2 or 7#c7 otherwise discriminate against the issuer issuing insurance in both the primary ,state and in any secondary ,state4 7c7 ,clear and ,conspicuous ,disclosure ,a health insurance issuer shall provide the following notice1 in #ab-point bold type1 in any insurance coverage offered in a secondary ,state under this part by such a health insurance issuer and at renewal of the policy1 with the #e blank spaces therein being appropriately filled with the name of the health insurance issuer1 the name of the primary ,state1 the name of the secondary ,state1 the name of the secondary ,state1 and the name of the secondary ,state1 respectively1 for the coverage concerned3 ,notice ,this policy is issued by and is governed by the laws and regulations of the ,state of 1 and it has met all the laws of that ,state as determined by that ,state's ,department of ,insurance4 ,this policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the ,state of 1 including coverage of some services or benefits mandated by the law of the ,state of 4 ,additionally1 this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the ,state of 4 ,as with all insurance products1 before purchasing this policy1 you should carefully review the policy and determine what health care services the policy covers and what benefits it provides1 including any exclusions1 limitations1 or conditions for such services or benefits4 4 7d7 ,prohibition on ,certain ,reclassifications and ,premium ,increases 7#a7 ,in general ,for purposes of this section1 a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary ,state may not upon renewal-- 7,a7 move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual2 or 7,b7 increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual4 7#b7 ,construction ,nothing in paragraph 7#a7 shall be construed to prohibit a health insurance issuer-- 7,a7 from terminating or discontinuing coverage or a class of coverage in accordance with subsections 7b7 and 7c7 of section #bgdb2 7,b7 from raising premium rates for all policy holders within a class based on claims experience2 7,c7 from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer1 if such premium changes or incentives-- 7i7 are disclosed to the consumer in the insurance contract2 7ii7 are based on specific wellness activities that are not applicable to all individuals2 and 7iii7 are not obtainable by all individuals to whom coverage is offered2 7,d7 from reinstating lapsed coverage2 or 7,e7 from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue4 7e7 ,prior ,offering of ,policy in ,primary ,state ,a health insurance issuer may not offer for sale individual health insurance coverage in a secondary ,state unless that coverage is currently offered for sale in the primary ,state4 7f7 ,licensing of ,agents or ,brokers for ,health ,insurance ,issuers ,any ,state may require that a person acting1 or offering to act1 as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that ,state1 with commissions or other compensation subject to the provisions of the laws of that ,state1 except that a ,state may not impose any qualification or requirement which discriminates against a nonresident agent or broker4 7g7 ,documents for ,submission to ,state ,insurance ,commissioner ,each health insurance issuer issuing individual health insurance coverage in both primary and secondary ,states shall submit-- 7#a7 to the insurance commissioner of each ,state in which it intends to offer such coverage1 before it may offer individual health insurance coverage in such ,state-- 7,a7 a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage 7which shall include the name of its primary ,state and its principal place of business72 7,b7 written notice of any change in its designation of its primary ,state2 and 7,c7 written notice from the issuer of the issuer's compliance with all the laws of the primary ,state2 and 7#b7 to the insurance commissioner of each secondary ,state in which it offers individual health insurance coverage1 a copy of the issuer's quarterly financial statement submitted to the primary ,state1 which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by-- 7,a7 a member of the ,american ,academy of ,actuaries2 or 7,b7 a qualified loss reserve specialist4 7h7 ,power of ,courts ,to ,enjoin ,conduct ,nothing in this section shall be construed to affect the authority of any ,federal or ,state court to enjoin-- 7#a7 the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance2 or 7#b7 the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary ,state which are described in subparagraphs 7,a7 through 7,h7 of section #bgif7;b77#a74 7i7 ,power of ,secondary ,states ,to ,take ,administrative ,action ,nothing in this section shall be construed to affect the authority of any ,state to enjoin conduct in violation of that ,state's laws described in section #bgif7;b77#a74 7j7 ,state ,powers ,to ,enforce ,state ,laws 7#a7 ,in general ,subject to the provisions of subsection 7b77#a77;,g7 7relating to injunctions7 and paragraph 7#b71 nothing in this section shall be construed to affect the authority of any ,state to make use of any of its powers to enforce the laws of such ,state with respect to which a health insurance issuer is not exempt under subsection 7b74 7#b7 ,courts of competent jurisdiction ,if a ,state seeks an injunction regarding the conduct described in paragraphs 7#a7 and 7#b7 of subsection 7h71 such injunction must be obtained from a ,federal or ,state court of competent jurisdiction4 7k7 ,states' ,authority ,to ,sue ,nothing in this section shall affect the authority of any ,state to bring action in any ,federal or ,state court4 7l7 ,generally ,applicable ,laws ,nothing in this section shall be construed to affect the applicability of ,state laws generally applicable to persons or corporations4 7m7 ,guaranteed ,availability of ,coverage to ,,hipaa ,eligible ,individuals ,to the extent that a health insurance issuer is offering coverage in a primary ,state that does not accommodate residents of secondary ,states or does not provide a working mechanism for residents of a secondary ,state1 and the issuer is offering coverage under this part in such secondary ,state which has not adopted a qualified high risk pool as its acceptable alternative mechanism 7as defined in section #bgdd7;c77#b771 the issuer shall1 with respect to any individual health insurance coverage offered in a secondary ,state under this part1 comply with the guaranteed availability requirements for eligible individuals in section #bgda4 #bgig4 ,primary ,state must meet ,federal floor before issuer may sell into secondary ,states ,a health insurance issuer may not offer1 sell1 or issue individual health insurance coverage in a secondary ,state if the ,state insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers4 #bgih4 ,independent external appeals procedures 7a7 ,right to ,external ,appeal ,a health insurance issuer may not offer1 sell1 or issue individual health insurance coverage in a secondary ,state under the provisions of this title unless-- 7#a7 both the secondary ,state and the primary ,state have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage1 or 7#b7 in any case in which the requirements of subparagraph 7,a7 are not met with respect to the either of such ,states1 the issuer provides an independent review mechanism substantially identical 7as determined by the applicable ,state authority of such ,state7 to that prescribed in the ,health ,carrier ,external ,review ,model ,act of the ,national ,association of ,insurance ,commissioners for all individuals who purchase insurance coverage under the terms of this part1 except that1 under such mechanism1 the review is conducted by an independent medical reviewer1 or a panel of such reviewers1 with respect to whom the requirements of subsection 7b7 are met4 7b7 ,qualifications of ,independent ,medical ,reviewers ,in the case of any independent review mechanism referred to in subsection 7a77#b7-- 7#a7 ,in general ,in referring a denial of a claim to an independent medical reviewer1 or to any panel of such reviewers1 to conduct independent medical review1 the issuer shall ensure that-- 7,a7 each independent medical reviewer meets the qualifications described in paragraphs 7#b7 and 7#c72 7,b7 with respect to each review1 each reviewer meets the requirements of paragraph 7#d7 and the reviewer1 or at least #a reviewer on the panel1 meets the requirements described in paragraph 7#e72 and 7,c7 compensation provided by the issuer to each reviewer is consistent with paragraph 7#f74 7#b7 ,licensure and expertise ,each independent medical reviewer shall be a physician 7allopathic or osteopathic7 or health care professional who-- 7,a7 is appropriately credentialed or licensed in one or more ,states to deliver health care services2 and 7,b7 typically treats the condition1 makes the diagnosis1 or provides the type of treatment under review4 7#c7 ,independence 7,a7 ,in general ,subject to subparagraph 7,b71 each independent medical reviewer in a case shall-- 7i7 not be a related party 7as defined in paragraph 7#g772 7ii7 not have a material familial1 financial1 or professional relationship with such a party2 and 7iii7 not otherwise have a conflict of interest with such a party 7as determined under regulations74 7,b7 ,exception ,nothing in subparagraph 7,a7 shall be construed to-- 7i7 prohibit an individual1 solely on the basis of affiliation with the issuer1 from serving as an independent medical reviewer if-- 7,i7 a non-affiliated individual is not reasonably available2 7,,ii7 the affiliated individual is not involved in the provision of items or services in the case under review2 7,,iii7 the fact of such an affiliation is disclosed to the issuer and the enrollee 7or authorized representative7 and neither party objects2 and 7,,iv7 the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer2 7ii7 prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee 7or authorized representative71 and neither party objects2 or 7iii7 prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph 7#f74 7#d7 ,practicing health care professional in same field 7,a7 ,in general ,in a case involving treatment1 or the provision of items or services-- 7i7 by a physician1 a reviewer shall be a practicing physician 7allopathic or osteopathic7 of the same or similar specialty1 as a physician who1 acting within the appropriate scope of practice within the ,state in which the service is provided or rendered1 typically treats the condition1 makes the diagnosis1 or provides the type of treatment under review2 or 7ii7 by a non-physician health care professional1 the reviewer1 or at least #a member of the review panel1 shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who1 acting within the appropriate scope of practice within the ,state in which the service is provided or rendered1 typically treats the condition1 makes the diagnosis1 or provides the type of treatment under review4 7,b7 ,practicing defined ,for purposes of this paragraph1 the term practicing means1 with respect to an individual who is a physician or other health care professional1 that the individual provides health care services to individual patients on average at least #b days per week4 7#e7 ,pediatric expertise ,in the case of an external review relating to a child1 a reviewer shall have expertise under paragraph 7#b7 in pediatrics4 7#f7 ,limitations on reviewer compensation ,compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall-- 7,a7 not exceed a reasonable level2 and 7,b7 not be contingent on the decision rendered by the reviewer4 7#g7 ,related party defined ,for purposes of this section1 the term related party means1 with respect to a denial of a claim under a coverage relating to an enrollee1 any of the following3 7,a7 ,the issuer involved1 or any fiduciary1 officer1 director1 or employee of the issuer4 7,b7 ,the enrollee 7or authorized representative74 7,c7 ,the health care professional that provides the items or services involved in the denial4 7,d7 ,the institution at which the items or services 7or treatment7 involved in the denial are provided4 7,e7 ,the manufacturer of any drug or other item that is included in the items or services involved in the denial4 7,f7 ,any other party determined under any regulations to have a substantial interest in the denial involved4 7#h7 ,definitions ,for purposes of this subsection3 7,a7 ,enrollee ,the term enrollee means1 with respect to health insurance coverage offered by a health insurance issuer1 an individual enrolled with the issuer to receive such coverage4 7,b7 ,health care professional ,the term health care professional means an individual who is licensed1 accredited1 or certified under ,state law to provide specified health care services and who is operating within the scope of such licensure1 accreditation1 or certification4 #bgii4 ,enforcement 7a7 ,in ,general ,subject to subsection 7b71 with respect to specific individual health insurance coverage the primary ,state for such coverage has sole jurisdiction to enforce the primary ,state's covered laws in the primary ,state and any secondary ,state4 7b7 ,secondary ,state's ,authority ,nothing in subsection 7a7 shall be construed to affect the authority of a secondary ,state to enforce its laws as set forth in the exception specified in section #bgif7;b77#a74 7c7 ,court ,interpretation ,in reviewing action initiated by the applicable secondary ,state authority1 the court of competent jurisdiction shall apply the covered laws of the primary ,state4 7d7 ,notice of ,compliance ,failure ,in the case of individual health insurance coverage offered in a secondary ,state that fails to comply with the covered laws of the primary ,state1 the applicable ,state authority of the secondary ,state may notify the applicable ,state authority of the primary ,state4 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply to individual health insurance coverage offered1 issued1 or sold after the date that is one year after the date of the enactment of this ,act4 7c7 ,,gao ,ongoing ,study and ,reports 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct an ongoing study concerning the effect of the amendment made by subsection 7a7 on-- 7,a7 the number of uninsured and under-insured2 7,b7 the availability and cost of health insurance policies for individuals with pre-existing medical conditions2 7,c7 the availability and cost of health insurance policies generally2 7,d7 the elimination or reduction of different types of benefits under health insurance policies offered in different ,states2 and 7,e7 cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases4 7#b7 ,annual reports ,the ,comptroller ,general shall submit to ,congress an annual report1 after the end of each of the #e years following the effective date of the amendment made by subsection 7a71 on the ongoing study conducted under paragraph 7#a74 #gjb4 ,severability ,if any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of the provisions of such to any other person or circumstance shall not be affected4 ,,viii ,renewal of trade promotion authority #hja4 ,renewal of trade promotion authority 7a7 ,in general ,section #bajc of the ,bipartisan ,trade ,promotion ,authority ,act of #bjjb 7#ai ,u4,s4,c4 #chjc7 is amended-- 7#a7 in subsection 7a77#a71 by striking subparagraph 7,a7 and inserting the following3 7,a7 may enter into trade agreements with foreign countries-- 7i7 on and after the date of the enactment of the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac and before ,july #a1 #bjah2 or 7ii7 on and after ,july #a1 #bjah1 and before ,july #a1 #bjbj1 if trade authorities procedures are extended under subsection 7c72 and 2 7#b7 in subsection 7b77#a71 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,the ,president may enter into a trade agreement under this paragraph-- 7i7 on and after the date of the enactment of the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac and before ,july #a1 #bjah2 or 7ii7 on and after ,july #a1 #bjah1 and before ,july #a1 #bjbj1 if trade authorities procedures are extended under subsection 7c74 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking before ,july #a1 #bjje and inserting on and after the date of the enactment of the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac and before ,july #a1 #bjah2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking after ,june #cj1 #bjje1 and before ,july #a1 #bjjg and inserting on or after ,july #a1 #bjah1 and before ,july #a1 #bjbj2 and 7,,ii7 in clause 7ii71 by striking ,july #a1 #bjje and inserting ,july #a1 #bjah2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,april #a1 #bjje and inserting ,april #a1 #bjah2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking ,june #a1 #bjje and inserting ,june #a1 #bjah2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,june #a1 #bjje and inserting ,june #a1 #bjah2 and 7,,ii7 by striking the date of enactment of this ,act and inserting the date of the enactment of the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac2 and 7,d7 in paragraph 7#e71 by striking ,june #cj1 #bjje each place it appears and inserting ,june #cj1 #bjah4 7b7 ,treatment of certain trade agreements for which negotiations have already begun ,section #bajf7;a7 of the ,bipartisan ,trade ,promotion ,authority ,act of #bjjb 7#ai ,u4,s4,c4 #chjf7;a77 is amended by striking applies-- and all that follows through the end period and inserting applies results from negotiations that were commenced before the date of the enactment of the ,reducing ,employer ,burdens1 ,unleashing ,innovation1 and ,labor ,development ,act of #bjac1 subsection 7b7 shall apply44 ,,ix ,reform of export control policies #ija4 ,sense of ,congress on reform of export control policies 7a7 ,findings ,congress finds the following3 7#a7 ,the ,united ,states would benefit from predictable1 efficient1 and transparent export control policies4 7#b7 ,such export control policies should focus on the mutually reinforcing goals of-- 7,a7 adequate national security2 and 7,b7 increased global competitiveness and job growth4 7b7 ,sense of congress ,it is the sense of ,congress that the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdja et seq471 as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 has become obsolete and should be reformed and reauthorized4 ,x ,efficient ,use of ,government ,spectrum #ajja4 ,short title ,this title may be cited as the ,efficient ,use of ,government ,spectrum ,act of #bjac4 #ajjb4 ,reallocation and auction of #agee-aghj ,m,hz band 7a7 ,in general ,notwithstanding paragraph 7#ae77;,a7 of section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 not later than #c years after the date of the enactment of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7,public ,law #aab-if71 the ,commission shall-- 7#a7 reallocate the electromagnetic spectrum described in subsection 7d7 for commercial use2 and 7#b7 as part of the system of competitive bidding required by section #fdja7;b77#a77;,b7 of such ,act 7#dg ,u4,s4,c4 #adea7;b77#a77;,b771 grant new initial licenses1 subject to flexible-use service rules1 for the use of such spectrum1 paired with the spectrum between the frequencies from #baee megahertz to #bahj megahertz1 inclusive4 7b7 ,auction proceeds ,for purposes of depositing the proceeds from the competitive bidding described in subsection 7a77#b7 that are attributable to the electromagnetic spectrum described in subsection 7d71 such spectrum shall be treated as spectrum that is required to be auctioned by section #fdja7;b77#a77;,b7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adea7;b77#a77;,b774 7c7 ,relocation of and sharing by ,federal ,government stations 7#a7 ,relocation prioritized over sharing 7,a7 ,in general ,except as provided in paragraph 7#b71 all ,federal ,government stations in the electromagnetic spectrum described in subsection 7d7 shall be relocated to other frequencies under the procedures implemented pursuant to section #aac7;g77#f7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#f774 ,such relocation procedures shall ensure maximum cooperation and coordination between the affected ,federal and commercial entities4 7,b7 ,department of ,defense stations ,section #ajfb7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj 7,public ,law #ajf-fe2 #aac ,stat4 #gfh7 shall apply to the relocation of stations operated by the ,department of ,defense in the electromagnetic spectrum described in subsection 7d74 7#b7 ,sharing where relocation not possible 7,a7 ,identification of stations ,if a ,federal entity that operates a ,federal ,government station in the electromagnetic spectrum described in subsection 7d7 determines1 based on an operational impact assessment1 that such station cannot be relocated from such spectrum without jeopardizing essential military capability1 such entity shall identify such station in the transition plan of such entity required1 by section #aac7;h77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;h77#a771 to be submitted not later than #bdj days before the commencement of the competitive bidding described in subsection 7a77#b74 7,b7 ,required elements of transition plan ,each transition plan in which a station is identified pursuant to subparagraph 7,a7 shall provide for non-,federal users to share with such station the electromagnetic spectrum described in subsection 7d74 ,where exclusion zones are necessary to avoid jeopardizing essential military capability1 such plan shall provide for the smallest possible zones necessary for such purpose4 7#c7 ,withdrawal or modification of assignments 7,a7 ,withdrawal ,upon relocation of a ,federal ,government station pursuant to paragraph 7#a71 the ,president shall withdraw the assignment to such station of the electromagnetic spectrum described in subsection 7d74 7,b7 ,modification ,for each ,federal ,government station identified in a transition plan pursuant to paragraph 7#b77;,a71 the ,president shall modify the assignment to such station of the electromagnetic spectrum described in subsection 7d7 to permit shared ,federal and non-,federal use4 7d7 ,spectrum described ,the electromagnetic spectrum described in this subsection is the spectrum between the frequencies from #agee megahertz to #aghj megahertz1 inclusive4 7e7 ,commission defined ,in this section1 the term ,commission means the ,federal ,communications ,commission4