,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ecfj ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjad ,mr4 ,mulvaney 7for himself1 ,mr4 ,hensarling1 ,mr4 ,price of ,georgia1 ,mr4 ,lamborn1 ,mr4 ,chabot1 ,mr4 ,la,malfa1 ,mr4 ,hultgren1 ,mr4 ,roe of ,tennessee1 ,mr4 ,mc,clintock1 ,mr4 ,schweikert1 ,mr4 ,de,santis1 ,mr4 ,brooks of ,alabama1 ,mr4 ,jordan1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,duncan of ,tennessee1 and ,mr4 ,crawford7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 the ,budget1 the ,judiciary1 ,rules1 ,natural ,resources1 ,transportation and ,infrastructure1 and ,science1 ,space1 and ,technology1 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 enhance the competitiveness of ,american manufacturers and exports in the global marketplace by providing tax relief1 regulatory relief1 liability relief1 and ensuring access to abundant and affordable supplies of energy1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,renaissance in ,manufacturing ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,creating a ,more ,competitive ,tax ,code ,sec4 #ajja4 ,dropping corporate tax rate4 ,sec4 #ajjb4 ,reduced recognition period for built-in gains of ,s corporations made permanent4 ,sec4 #ajjc4 ,permanent rule regarding basis adjustment to stock of ,s corporations making charitable contributions of property4 ,sec4 #ajjd4 ,expensing certain depreciable business assets for small business4 ,sec4 #ajje4 ,research credit simplified and made permanent4 ,sec4 #ajjf4 ,bonus depreciation modified and made permanent4 ,sec4 #ajjg4 ,budgetary effects4 ,title ,,ii--,reining in ,job-,killing ,washington ,red ,tape ,subtitle ,a--,regulations ,from the ,executive in ,need of ,scrutiny ,act ,sec4 #bjja4 ,purpose4 ,sec4 #bjjb4 ,congressional review of agency rulemaking4 ,sec4 #bjjc4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code4 ,sec4 #bjjd4 ,government ,accountability ,office study of rules4 ,subtitle ,b--,energy ,consumers ,relief ,act ,sec4 #bbja4 ,prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy4 ,sec4 #bbjb4 ,reports and determinations prior to promulgating as final certain energy-related rules4 ,sec4 #bbjc4 ,definitions4 ,sec4 #bbjd4 ,prohibition on use of social cost of carbon in analysis4 ,subtitle ,c--,electricity ,security and ,affordability ,act ,sec4 #bcja4 ,standards of performance for new fossil fuel-fired electric utility generating units4 ,sec4 #bcjb4 ,congress to set effective date for standards of performance for existing1 modified1 and reconstructed fossil fuel-fired electric utility generating units4 ,sec4 #bcjc4 ,repeal of earlier rules and guidelines4 ,sec4 #bcjd4 ,definitions4 ,subtitle ,d--,coal ,residuals ,reuse and ,management ,sec4 #bdja4 ,management and disposal of coal combustion residuals4 ,sec4 #bdjb4 #bjjj regulatory determination4 ,sec4 #bdjc4 ,technical assistance4 ,sec4 #bdjd4 ,federal ,power ,act4 ,title ,,iii--,reducing ,frivolous ,legal ,costs ,subtitle ,a--,lawsuit ,abuse ,reduction ,act ,sec4 #caja4 ,attorney accountability4 ,subtitle ,b--,furthering ,asbestos ,claim ,transparency in ,bankruptcy ,sec4 #cbja4 ,amendments4 ,sec4 #cbjb4 ,effective date2 application of amendments4 ,subtitle ,c--,innovation ,act ,sec4 #ccja4 ,definitions4 ,sec4 #ccjb4 ,patent infringement actions4 ,sec4 #ccjc4 ,transparency of patent ownership4 ,sec4 #ccjd4 ,customer-suit exception4 ,sec4 #ccje4 ,procedures and practices to implement recommendations of the ,judicial ,conference4 ,sec4 #ccjf4 ,small business education1 outreach1 and information access4 ,sec4 #ccjg4 ,studies on patent transactions1 quality1 and examination4 ,sec4 #ccjh4 ,improvements and technical corrections to the ,leahy-,smith ,america ,invents ,act4 ,sec4 #ccji4 ,effective date4 ,subtitle ,d--,resolving ,environmental and ,grid ,reliability ,conflicts ,sec4 #cdja4 ,amendments to the ,federal ,power ,act4 ,title ,,iv--,preserving ,access to ,abundant and ,affordable ,sources of ,energy ,subtitle ,a--,northern ,route ,approval ,sec4 #daja4 ,findings4 ,sec4 #dajb4 ,keystone ,,xl permit approval4 ,sec4 #dajc4 ,judicial review4 ,sec4 #dajd4 ,american burying beetle4 ,sec4 #daje4 ,right-of-way and temporary use permit4 ,sec4 #dajf4 ,permits for activities in navigable waters4 ,sec4 #dajg4 ,migratory ,bird ,treaty ,act permit4 ,sec4 #dajh4 ,oil spill response plan disclosure4 ,subtitle ,b--,natural ,gas ,pipeline ,permitting ,reform ,sec4 #dbja4 ,regulatory approval of natural gas pipeline projects4 ,subtitle ,c--,north ,american ,energy ,infrastructure ,sec4 #dcja4 ,finding4 ,sec4 #dcjb4 ,authorization of certain energy infrastructure projects at the national boundary of the ,united ,states4 ,sec4 #dcjc4 ,importation or exportation of natural gas to ,canada and ,mexico4 ,sec4 #dcjd4 ,transmission of electric energy to ,canada and ,mexico4 ,sec4 #dcje4 ,no ,presidential permit required4 ,sec4 #dcjf4 ,modifications to existing projects4 ,sec4 #dcjg4 ,effective date2 rulemaking deadlines4 ,sec4 #dcjh4 ,definitions4 ,subtitle ,d--,protecting ,states' ,rights ,to ,promote ,american ,energy ,security ,act ,chapter #a--,state ,authority for ,hydraulic ,fracturing ,regulation ,sec4 #ddaa4 ,state authority for hydraulic fracturing regulation4 ,sec4 #ddab4 ,government ,accountability ,office study4 ,sec4 #ddac4 ,tribal authority on trust land4 ,chapter #b--;,,epa ,hydraulic ,fracturing ,research ,sec4 #ddba4 ,,epa hydraulic fracturing research4 ,chapter #c--,miscellaneous provisions ,sec4 #ddca4 ,review of ,state activities4 ,subtitle ,e--,offshore ,energy and ,jobs ,chapter #a--,outer ,continental ,shelf ,leasing ,program ,reforms ,sec4 #deaa4 ,outer ,continental ,shelf leasing program reforms4 ,sec4 #deab4 ,domestic oil and natural gas production goal4 ,sec4 #deac4 ,development and submittal of new #e-year oil and gas leasing program4 ,sec4 #dead4 ,rule of construction4 ,chapter #b--;,directing the ,president ,to ,conduct ,new ,,ocs ,sales in ,virginia1 ,south ,carolina1 and ,california ,sec4 #deba4 ,requirement to conduct proposed oil and gas ,lease ,sale #bbj on the ,outer ,continental ,shelf offshore ,virginia4 ,sec4 #debb4 ,south ,carolina lease sale4 ,sec4 #debc4 ,southern ,california existing infrastructure lease sale4 ,sec4 #debd4 ,environmental impact statement requirement4 ,sec4 #debe4 ,national defense4 ,sec4 #debf4 ,eastern ,gulf of ,mexico not included4 ,chapter #c--;,equitable ,sharing of ,outer ,continental ,shelf ,revenues ,sec4 #deca4 ,disposition of ,outer ,continental ,shelf revenues to coastal ,states4 ,chapter #d--,reorganization of ,minerals ,management ,agencies of the ,department of the ,interior ,sec4 #deda4 ,establishment of ,under ,secretary for ,energy1 ,lands1 and ,minerals and ,assistant ,secretary of ,ocean ,energy and ,safety4 ,sec4 #dedb4 ,bureau of ,ocean ,energy4 ,sec4 #dedc4 ,ocean ,energy ,safety ,service4 ,sec4 #dedd4 ,office of ,natural ,resources revenue4 ,sec4 #dede4 ,ethics and drug testing4 ,sec4 #dedf4 ,abolishment of ,minerals ,management ,service4 ,sec4 #dedg4 ,conforming amendments to ,executive ,schedule pay rates4 ,sec4 #dedh4 ,outer ,continental ,shelf ,energy ,safety ,advisory ,board4 ,sec4 #dedi4 ,outer ,continental ,shelf inspection fees4 ,sec4 #deej4 ,prohibition on action based on ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg4 ,chapter #e--,united ,states ,territories ,sec4 #deea4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states4 ,chapter #f--,miscellaneous ,provisions ,sec4 #defa4 ,rules regarding distribution of revenues under ,gulf of ,mexico ,energy ,security ,act of #bjjf4 ,sec4 #defb4 ,amount of distributed qualified outer ,continental ,shelf revenues4 ,chapter #g--;,judicial ,review ,sec4 #dega4 ,time for filing complaint4 ,sec4 #degb4 ,district court deadline4 ,sec4 #degc4 ,ability to seek appellate review4 ,sec4 #degd4 ,limitation on scope of review and relief4 ,sec4 #dege4 ,legal fees4 ,sec4 #degf4 ,exclusion4 ,sec4 #degg4 ,definitions4 ,i ,creating a ,more ,competitive ,tax ,code #ajja4 ,dropping corporate tax rate 7a7 ,in general ,subsection 7b7 of section #aa of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,amount of tax ,the amount of the tax imposed by subsection 7a7 shall be #be percent of taxable income4 4 7b7 ,conforming amendments 7#a7 ,paragraphs 7#b77;,b7 and 7#f77;,a77ii7 of section #hfj;,e7e7 of the ,internal ,revenue ,code of #aihf are each amended by striking highest rate of tax specified in section #aa7;b77#a7 and inserting rate of tax specified in section #aa7;b74 7#b7 7,a7 ,part ,i of subchapter ,p of chapter #a of such ,code is amended by striking section #abja 7and by striking the item relating to such section in the table of sections for such part74 7,b7 ,section #ab of such ,code is amended by striking paragraphs 7#d7 and 7#f71 and by redesignating paragraph 7#e7 as paragraph 7#d74 7,c7 ,section #ebg7;b7 of such ,code is amended-- 7i7 by striking paragraph 7#b71 7ii7 by striking all that precedes is hereby imposed and inserting3 7b7 ,tax imposed ,a tax 2 and 7iii7 by striking highest4 7,d7 ,sections #eid7;a7 of such ,code is amended by striking taxes imposed by section #aa or #abja7;a7 and inserting tax imposed by section #aa4 7,e7 ,section #fia7;c77#d7 of such ,code is amended by striking #abja14 7,f7 ,section #hja7;a7 of such ,code is amended-- 7i7 by striking paragraph 7#b71 and 7ii7 by striking all that precedes is hereby imposed and inserting3 7a7 ,tax imposed ,a tax 4 7,g7 ,section #hca7;d7 of such ,code is amended by striking paragraph 7#a7 and by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively4 7,h7 ,sections #hcb7;c77#e7 and #hcd7;b77#a77;,d7 of such ,code are each amended by striking sec4 #abja and following14 7,i7 ,section #heb7;b77#c77;,a7 of such ,code is amended by striking section #abja7;a7 and inserting section #aa7;b74 7,j7 ,section #heg7;b77#c7 of such ,code is amended-- 7i7 by striking subparagraph 7,a7 and redesignating subparagraphs 7,b7 through 7,f7 as subparagraphs 7,a7 through 7,e71 respectively1 7ii7 in subparagraph 7,c71 as so redesignated-- 7,i7 by striking subparagraph 7,a77ii7 in clause 7i7 thereof and inserting paragraph 7#a71 and 7,,ii7 by striking the tax imposed by subparagraph 7,a77ii7 in clauses 7ii7 and 7iv7 thereof and inserting the tax imposed by paragraph 7#a7 on undistributed capital gain1 7iii7 in subparagraph 7,e71 as so redesignated1 by striking subparagraph 7,b7 or 7,d7 and inserting subparagraph 7,a7 or 7,c71 and 7iv7 by adding at the end the following new subparagraph3 7,f7 ,undistributed capital gain ,for purposes of this paragraph1 the term undistributed capital gain means the excess of the net capital gain over the deduction for dividends paid 7as defined in section #efa7 determined with reference to capital gain dividends only4 4 7,k7 ,section #hhb7;a77#a7 of such ,code is amended by striking 1 or #abja7;a74 7,l7 ,section #acgd7;b7 of such ,code is amended by striking paragraph 7#d74 7,m7 ,section #acha7;b7 of such ,code is amended by striking taxes imposed by section #aa or #abja and inserting tax imposed by section #aa4 7,n7 ,sections #fdbe7;c77#a77;,a77i7 and #ffee7;g77#a77;,a77i7 of such ,code are each amended by striking or #abja7;a714 7#c7 7,a7 ,section #adde7;e77#a7 of such ,code is amended by striking #ce percent and inserting #be percent4 7,b7 ,section #adde7;e77#b7 of such ,code is amended by striking #ce percent and inserting #be percent4 7,c7 ,section #adde7;e77#f7 of such ,code is amended by striking #ce percent and inserting #be percent4 7,d7 ,section #addf7;b77#b77;,b7 of such ,code is amended by striking section #aa7;b77#a7 and inserting section #aa7;b74 7#d7 ,section #heb7;b77#a7 of such ,code is amended by striking the last sentence4 7#e7 7,a7 ,part ,i of subchapter ,b of chapter #e of such ,code is amended by striking section #aeea 7and by striking the item relating to such section in the table of sections for such part74 7,b7 ,section #ece7;c77#e7 of such ,code is amended to read as follows3 7#e7 ,cross reference ,for limitation on credit provided in paragraph 7#b7 or 7#c7 in the case of certain controlled corporations1 see section #aefa4 4 7#f7 ,section #ghgd7;e77#a77;,b7 of such ,code is amended by striking section #aa7;b77#a7 and inserting section #aa7;b74 7c7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjad4 7#b7 ,withholding ,the amendments made by subsection 7b77#c7 shall apply to distributions made after ,december #ca1 #bjad4 7#c7 ,certain transfers ,the amendments made by subsection 7b77#e7 shall apply to transfers made after ,december #ca1 #bjad4 #ajjb4 ,reduced recognition period for built-in gains of ,s corporations made permanent 7a7 ,in general ,paragraph 7#g7 of section #acgd7;d7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#g7 ,recognition period 7,a7 ,in general ,the term recognition period means the #e-year period beginning with the #ast day of the #ast taxable year for which the corporation was an ,s corporation4 ,for purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section #eic7;e71 the preceding sentence shall be applied without regard to the phrase #e-year4 7,b7 ,installment sales ,if an ,s corporation sells an asset and reports the income from the sale using the installment method under section #dec1 the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #ajjc4 ,permanent rule regarding basis adjustment to stock of ,s corporations making charitable contributions of property 7a7 ,in general ,section #acfg7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking the last sentence4 7b7 ,effective date ,the amendment made by this section shall apply to contributions made in taxable years beginning after ,december #ca1 #bjac4 #ajjd4 ,expensing certain depreciable business assets for small business 7a7 ,in general 7#a7 ,dollar limitation ,paragraph 7#a7 of section #agi7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking shall not exceed-- and all that follows and inserting shall not exceed #ejj1jjj44 7#b7 ,reduction in limitation ,paragraph 7#b7 of section #agi7;b7 of such ,code is amended by striking exceeds-- and all that follows and inserting exceeds #b1jjj1jjj44 7b7 ,computer software ,clause 7ii7 of section #agi7;d77#a77;,a7 of such ,code is amended by striking 1 to which section #afg applies1 and which is placed in service in a taxable year beginning after #bjjb and before #bjad and inserting and to which section #afg applies4 7c7 ,election ,paragraph 7#b7 of section #agi7;c7 of such ,code is amended-- 7#a7 by striking may not be revoked and all that follows through and before #bjad1 and 7#b7 by striking irrevocable in the heading thereof4 7d7 ,air conditioning and heating units ,paragraph 7#a7 of section #agi7;d7 of such ,code is amended by striking and shall not include air conditioning or heating units4 7e7 ,qualified real property ,subsection 7f7 of section #agi of such ,code is amended-- 7#a7 by striking beginning in #bjaj1 #bjaa1 #bjab1 or #bjac in paragraph 7#a71 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7f7 ,inflation adjustment ,subsection 7b7 of section #agi of such ,code is amended by adding at the end the following new paragraph3 7#f7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after #bjad1 the dollar amounts in paragraphs 7#a7 and 7#b7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;c77#b77;,a7 for such calendar year1 determined by substituting calendar year #bjac for calendar year #bjab in clause 7ii7 thereof4 7,b7 ,rounding ,the amount of any increase under subparagraph 7,a7 shall be rounded to the nearest multiple of #aj1jjj4 4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #ajje4 ,research credit simplified and made permanent 7a7 ,in general ,subsection 7a7 of section #da of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7a7 ,in general ,for purposes of section #ch1 the research credit determined under this section for the taxable year shall be an amount equal to the sum of-- 7#a7 #bj percent of so much of the qualified research expenses for the taxable year as exceeds #ej percent of the average qualified research expenses for the #c taxable years preceding the taxable year for which the credit is being determined1 7#b7 #bj percent of so much of the basic research payments for the taxable year as exceeds #ej percent of the average basic research payments for the #c taxable years preceding the taxable year for which the credit is being determined1 plus 7#c7 #bj percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year 7including as contributions7 to an energy research consortium for energy research4 4 7b7 ,repeal of termination ,section #da of such ,code is amended by striking subsection 7h74 7c7 ,conforming amendments 7#a7 ,subsection 7c7 of section #da of such ,code is amended to read as follows3 7c7 ,determination of average research expenses for prior years 7#a7 ,special rule in case of no qualified research expenditures in any of #c preceding taxable years ,in any case in which the taxpayer has no qualified research expenses in any one of the #c taxable years preceding the taxable year for which the credit is being determined1 the amount determined under subsection 7a77#a7 for such taxable year shall be equal to #aj percent of the qualified research expenses for the taxable year4 7#b7 ,consistent treatment of expenses 7,a7 ,in general ,notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses1 or average basic research payments1 taken into account under subsection 7a71 the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments1 respectively1 for the credit year4 7,b7 ,prevention of distortions ,the ,secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection 7a74 4 7#b7 ,section #da7;e7 of such ,code is amended-- 7,a7 by striking all that precedes paragraph 7#f7 and inserting the following3 7e7 ,basic research payments ,for purposes of this section-- 7#a7 ,in general ,the term basic research payment means1 with respect to any taxable year1 any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if-- 7,a7 such payment is pursuant to a written agreement between such corporation and such qualified organization1 and 7,b7 such basic research is to be performed by such qualified organization4 7#b7 ,exception to requirement that research be performed by the organization ,in the case of a qualified organization described in subparagraph 7,c7 or 7,d7 of paragraph 7#c71 subparagraph 7,b7 of paragraph 7#a7 shall not apply4 1 7,b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#c7 and 7#d71 respectively1 and 7,c7 in paragraph 7#d7 as so redesignated1 by striking subparagraphs 7,b7 and 7,c7 and by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,b7 and 7,c71 respectively4 7#c7 ,section #da7;f77#c7 of such ,code is amended-- 7,a7 7i7 by striking 1 and the gross receipts in subparagraph 7,a77i7 and all that follows through determined under clause 7iii71 7ii7 by striking clause 7iii7 of subparagraph 7,a7 and redesignating clauses 7iv71 7v71 and 7vi71 thereof1 as clauses 7iii71 7iv71 and 7v71 respectively1 7iii7 by striking and 7iv7 each place it appears in subparagraph 7,a77iv7 7as so redesignated7 and inserting and 7iii71 7iv7 by striking subclause 7,,iv7 of subparagraph 7,a77iv7 7as so redesignated71 by striking 1 and at the end of subparagraph 7,a77iv77,,iii7 7as so redesignated7 and inserting a period1 and by adding and at the end of subparagraph 7,a77iv77,,ii7 7as so redesignated71 7v7 by striking 7,a77vi7 in subparagraph 7,b7 and inserting 7,a77v71 and 7vi7 by striking 7,a77iv77,,ii7 in subparagraph 7,b77i77,,ii7 and inserting 7,a77iii77,,ii71 7,b7 by striking 1 and the gross receipts of the predecessor1 in subparagraph 7,a77iv77,,ii7 7as so redesignated71 7,c7 by striking 1 and the gross receipts of1 in subparagraph 7,b71 7,d7 by striking 1 or gross receipts of1 in subparagraph 7,b77i77,i71 and 7,e7 by striking subparagraph 7,c74 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 7#b7 ,subsection 7b7 ,the amendment made by subsection 7b7 shall apply to amounts paid or incurred after ,december #ca1 #bjac4 #ajjf4 ,bonus depreciation modified and made permanent 7a7 ,made permanent2 inclusion of qualified retail improvement property ,section #afh7k77#b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#b7 ,qualified property ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified property means property-- 7i7 7,i7 to which this section applies which has a recovery period of #bj years or less1 7,,ii7 which is computer software 7as defined in section #afg7;f77#a77;,b77 for which a deduction is allowable under section #afg7;a7 without regard to this subsection1 7,,iii7 which is water utility property1 7,,iv7 which is qualified leasehold improvement property1 or 7,v7 which is qualified retail improvement property1 and 7ii7 the original use of which commences with the taxpayer4 7,b7 ,exception for alternative depreciation property ,the term qualified property shall not include any property to which the alternative depreciation system under subsection 7g7 applies1 determined-- 7i7 without regard to paragraph 7#g7 of subsection 7g7 7relating to election to have system apply71 and 7ii7 after application of section #bhj;,f7b7 7relating to listed property with limited business use74 7,c7 ,special rules 7i7 ,sale-leasebacks ,for purposes of clause 7ii7 and subparagraph 7,a77ii71 if property is-- 7,i7 originally placed in service by a person1 and 7,,ii7 sold and leased back by such person within #c months after the date such property was originally placed in service1 such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause 7,,ii74 7ii7 ,syndication ,for purposes of subparagraph 7,a77ii71 if-- 7,i7 property is originally placed in service by the lessor of such property1 7,,ii7 such property is sold by such lessor or any subsequent purchaser within #c months after the date such property was originally placed in service 7or1 in the case of multiple units of property subject to the same lease1 within #c months after the date the final unit is placed in service1 so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed #ab months71 and 7,,iii7 the user of such property after the last sale during such #c-month period remains the same as when such property was originally placed in service1 such property shall be treated as originally placed in service not earlier than the date of such last sale4 7,d7 ,coordination with section #bhj;,f ,for purposes of section #bhj;,f-- 7i7 ,automobiles ,in the case of a passenger automobile 7as defined in section #bhj;,f7d77#e77 which is qualified property1 the ,secretary shall increase the limitation under section #bhj;,f7a77#a77;,a77i7 by #h1jjj4 7ii7 ,listed property ,the deduction allowable under paragraph 7#a7 shall be taken into account in computing any recapture amount under section #bhj;,f7b77#b74 7iii7 ,inflation adjustment ,in the case of any taxable year beginning in a calendar year after #bjad1 the #h1jjj amount in clause 7i7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the automobile price inflation adjustment determined under section #bhj;,f7d77#g77;,b77i7 for the calendar year in which such taxable year begins by substituting #bjac for #aihg in subclause 7,,ii7 thereof4 ,if any increase under the preceding sentence is not a multiple of #ajj1 such increase shall be rounded to the nearest multiple of #ajj4 7,e7 ,deduction allowed in computing minimum tax ,for purposes of determining alternative minimum taxable income under section #ee1 the deduction under section #afg for qualified property shall be determined without regard to any adjustment under section #ef4 4 7b7 ,expansion of election ,to accelerate ,,amt credits in lieu of bonus depreciation ,section #afh7k77#d7 of such ,code is amended to read as follows3 7#d7 ,election to accelerate ,,amt credits in lieu of bonus depreciation 7,a7 ,in general ,if a corporation elects to have this paragraph apply for any taxable year-- 7i7 paragraphs 7#a77;,a71 7#b77;,d77i71 and 7#e77;,a77i7 shall not apply for such taxable year1 7ii7 the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method1 and 7iii7 the limitation imposed by section #ec7;c7 for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph 7,b74 7,b7 ,bonus depreciation amount ,for purposes of this paragraph-- 7i7 ,in general ,the bonus depreciation amount for any taxable year is an amount equal to #bj percent of the excess 7if any7 of-- 7,i7 the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph 7#a7 applied to all such property1 over 7,,ii7 the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph 7#a7 did not apply to any such property4 ,the aggregate amounts determined under subclauses 7,i7 and 7,,ii7 shall be determined without regard to any election made under subsection 7b77#b77;,d71 7b77#c77;,d71 or 7g77#g7 and without regard to subparagraph 7,a77ii74 7ii7 ,limitation ,the bonus depreciation amount for any taxable year shall not exceed the lesser of-- 7,i7 #ej percent of the minimum tax credit under section #ec7;b7 for the first taxable year ending after ,december #ca1 #bjac1 or 7,,ii7 the minimum tax credit under section #ec7;b7 for such taxable year determined by taking into account only the adjusted net minimum tax for taxable years ending before ,january #a1 #bjad 7determined by treating credits as allowed on a first-in1 first-out basis74 7iii7 ,aggregation rule ,all corporations which are treated as a single employer under section #eb7;a7 shall be treated-- 7,i7 as #a taxpayer for purposes of this paragraph1 and 7,,ii7 as having elected the application of this paragraph if any such corporation so elects4 7,c7 ,credit refundable ,for purposes of section #fdja7;b71 the aggregate increase in the credits allowable under part ,,iv of subchapter ,a for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart ,c of such part 7and not any other subpart74 7,d7 ,other rules 7i7 ,election ,any election under this paragraph may be revoked only with the consent of the ,secretary4 7ii7 ,partnerships with electing partners ,in the case of a corporation which is a partner in a partnership and which makes an election under subparagraph 7,a7 for the taxable year1 for purposes of determining such corporation's distributive share of partnership items under section #gjb for such taxable year-- 7,i7 paragraphs 7#a77;,a71 7#b77;,d77i71 and 7#e77;,a77i7 shall not apply1 and 7,,ii7 the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method4 7iii7 ,certain partnerships ,in the case of a partnership in which more than #ej percent of the capital and profits interests are owned 7directly or indirectly7 at all times during the taxable year by #a corporation 7or by corporations treated as #a taxpayer under subparagraph 7,b77iii771 each partner shall compute its bonus depreciation amount under clause 7i7 of subparagraph 7,b7 by taking into account its distributive share of the amounts determined by the partnership under subclauses 7,i7 and 7,,ii7 of such clause for the taxable year of the partnership ending with or within the taxable year of the partner4 4 7c7 ,special rules for trees and vines bearing fruits and nuts ,section #afh7k7 of such ,code is amended-- 7#a7 by striking paragraph 7#e71 and 7#b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,special rules for trees and vines bearing fruits and nuts 7,a7 ,in general ,in the case of any tree or vine bearing fruits or nuts which is planted1 or is grafted to a plant that has already been planted1 by the taxpayer in the ordinary course of the taxpayer's farming business 7as defined in section #bfc;,a7e77#d77-- 7i7 a depreciation deduction equal to #ej percent of the adjusted basis of such tree or vine shall be allowed under section #afg7;a7 for the taxable year in which such tree or vine is so planted or grafted1 and 7ii7 the adjusted basis of such tree or vine shall be reduced by the amount of such deduction4 7,b7 ,election out ,if a taxpayer makes an election under this subparagraph for any taxable year1 this paragraph shall not apply to any tree or vine planted or grafted during such taxable year4 ,an election under this subparagraph may be revoked only with the consent of the ,secretary4 7,c7 ,additional depreciation may be claimed only once ,if this paragraph applies to any tree or vine1 such tree or vine shall not be treated as qualified property in the taxable year in which placed in service4 7,d7 ,coordination with election to accelerate ,,amt credits ,if a corporation makes an election under paragraph 7#d7 for any taxable year1 the amount under paragraph 7#d77;,b77i77,i7 for such taxable year shall be increased by the amount determined under subparagraph 7,a77i7 for such taxable year4 7,e7 ,deduction allowed in computing minimum tax ,rules similar to the rules of paragraph 7#b77;,e7 shall apply for purposes of this paragraph4 4 7d7 ,conforming amendments 7#a7 ,section #afh7;e77#h7 of such ,code is amended by striking subparagraph 7,d74 7#b7 ,section #afh7k7 of such ,code is amended by adding at the end the following new paragraph3 7#f7 ,election out ,if a taxpayer makes an election under this paragraph with respect to any class of property for any taxable year1 this subsection shall not apply to all property in such class placed in service 7or1 in the case of paragraph 7#e71 planted or grafted7 during such taxable year4 ,an election under this paragraph may be revoked only with the consent of the ,secretary4 4 7#c7 ,section #afh7l77#e7 of such ,code is amended by striking section #afh7k77#b77;,g7 and inserting section #afh7k77#b77;,e74 7#d7 ,section #bfc;,a7c7 of such ,code is amended by adding at the end the following new paragraph3 7#g7 ,coordination with section #afh7k77#e7 ,this section shall not apply to any amount allowable as a deduction by reason of section #afh7k77#e7 7relating to special rules for trees and vines bearing fruits and nuts74 4 7#e7 ,section #dfj7;c77#f77;,b7 of such ,code is amended by striking which-- and all that follows and inserting which has a recovery period of #g years or less44 7#f7 ,section #afh7k7 of such ,code is amended by striking acquired after ,december #ca1 #bjjg1 and before ,january #a1 #bjad in the heading thereof4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjac4 7#b7 ,expansion of election to accelerate ,,amt credits in lieu of bonus depreciation 7,a7 ,in general ,the amendment made by subsection 7b7 7other than so much of such amendment as relates to section #afh7k77#d77;,d77iii7 of such ,code1 as added by such amendment7 shall apply to taxable years ending after ,december #ca1 #bjac4 7,b7 ,transitional rule ,in the case of a taxable year beginning before ,january #a1 #bjad1 and ending after ,december #ca1 #bjac1 the bonus depreciation amount determined under section #afh7k77#d7 of such ,code for such year shall be the sum of-- 7i7 such amount determined without regard to the amendments made by this section and-- 7,i7 by taking into account only property placed in service before ,january #a1 #bjad1 and 7,,ii7 by multiplying the limitation under section #afh7k77#d77;,c77ii7 of such ,code 7determined without regard to the amendments made by this section7 by a fraction the numerator of which is the number of days in the taxable year before ,january #a1 #bjad1 and the denominator of which is the number of days in the taxable year1 and 7ii7 such amount determined after taking into account the amendments made by this section and-- 7,i7 by taking into account only property placed in service after ,december #ca1 #bjac1 and 7,,ii7 by multiplying the limitation under section #afh7k77#d77;,b77ii7 of such ,code 7as amended by this section7 by a fraction the numerator of which is the number of days in the taxable year after ,december #ca1 #bjac1 and the denominator of which is the number of days in the taxable year4 7#c7 ,special rules for certain trees and vines ,the amendment made by subsection 7c77#b7 shall apply to trees and vines planted or grafted after ,december #ca1 #bjac4 #ajjg4 ,budgetary effects 7a7 ,statutory ,pay-,as-,you-,go ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,,ii ,reining in ,job-,killing ,washington ,red ,tape ,a ,regulations ,from the ,executive in ,need of ,scrutiny ,act #bjja4 ,purpose ,the purpose of this title is to increase accountability for and transparency in the ,federal regulatory process4 ,section #a of article ,i of the ,united ,states ,constitution grants all legislative powers to ,congress4 ,over time1 ,congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes4 ,by requiring a vote in ,congress1 this subtitle will result in more carefully drafted and detailed legislation1 an improved regulatory process1 and a legislative branch that is truly accountable to the ,american people for the laws imposed upon them4 ,moreover1 as a tax on carbon emissions increases energy costs on consumers1 reduces economic growth and is therefore detrimental to individuals1 families and businesses1 this subtitle includes in the definition of a major rule1 any rule that implements or provides for the imposition or collection of a tax on carbon emissions4 #bjjb4 ,congressional review of agency rulemaking ,chapter #h of title #e1 ,united ,states ,code1 is amended to read as follows3 #h ,congressional ,review of ,agency ,rulemaking ,sec4 #hja4 ,congressional review4 #hjb4 ,congressional approval procedure for major rules4 #hjc4 ,congressional disapproval procedure for nonmajor rules4 #hjd4 ,definitions4 #hje4 ,judicial review4 #hjf4 ,exemption for monetary policy4 #hjg4 ,effective date of certain rules4 #hja4 ,congressional review 7a7 7#a7 7,a7 ,before a rule may take effect1 the ,federal agency promulgating such rule shall submit to each ,house of the ,congress and to the ,comptroller ,general a report containing-- 7i7 a copy of the rule2 7ii7 a concise general statement relating to the rule2 7iii7 a classification of the rule as a major or nonmajor rule1 including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses 7i7 through 7iii7 of section #hjd7b77;,a7 or within section #hjd7b77;,b72 7iv7 a list of any other related regulatory actions taken by or that will be taken by the ,federal agency promulgating the rule that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions2 7v7 a list of any other related regulatory actions taken by or that will be taken by any other ,federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective1 of which the ,federal agency promulgating the rule is aware1 as well as the individual and aggregate economic effects of those actions2 and 7vi7 the proposed effective date of the rule4 7,b7 ,on the date of the submission of the report under subparagraph 7,a71 the ,federal agency promulgating the rule shall submit to the ,comptroller ,general and make available to each ,house of ,congress-- 7i7 a complete copy of the cost-benefit analysis of the rule1 if any1 including an analysis of any jobs added or lost1 differentiating between public and private sector jobs2 7ii7 the agency's actions pursuant to sections #fjc1 #fjd1 #fje1 #fjg1 and #fji of this title2 7iii7 the agency's actions pursuant to sections #bjb1 #bjc1 #bjd1 and #bje of the ,unfunded ,mandates ,reform ,act of #aiie2 and 7iv7 any other relevant information or requirements under any other ,act and any relevant ,executive orders4 7,c7 ,upon receipt of a report submitted under subparagraph 7,a71 each ,house shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the ,house of ,representatives or the ,senate to report a bill to amend the provision of law under which the rule is issued4 7#b7 7,a7 ,the ,comptroller ,general shall provide a report on each major rule to the committees of jurisdiction by the end of #ae calendar days after the submission or publication date4 ,the report of the ,comptroller ,general shall include an assessment of the agency's compliance with procedural steps required by paragraph 7#a77;,b7 and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity4 7,b7 ,federal agencies shall cooperate with the ,comptroller ,general by providing information relevant to the ,comptroller ,general's report under subparagraph 7,a74 7#c7 ,a major rule relating to a report submitted under paragraph 7#a7 shall take effect upon enactment of a joint resolution of approval described in section #hjb or as provided for in the rule following enactment of a joint resolution of approval described in section #hjb1 whichever is later4 7#d7 ,a nonmajor rule shall take effect as provided by section #hjc after submission to ,congress under paragraph 7#a74 7#e7 ,if a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection 7b77#b71 then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same ,congress by either the ,house of ,representatives or the ,senate4 7b7 7#a7 ,a major rule shall not take effect unless the ,congress enacts a joint resolution of approval described under section #hjb4 7#b7 ,if a joint resolution described in subsection 7a7 is not enacted into law by the end of #gj session days or legislative days1 as applicable1 beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect4 7c7 7#a7 ,notwithstanding any other provision of this section 7except subject to paragraph 7#c771 a major rule may take effect for one #ij-;calendar-day period if the ,president makes a determination under paragraph 7#b7 and submits written notice of such determination to the ,congress4 7#b7 ,paragraph 7#a7 applies to a determination made by the ,president by ,executive order that the major rule should take effect because such rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 7#c7 ,an exercise by the ,president of the authority under this subsection shall have no effect on the procedures under section #hjb4 7d7 7#a7 ,in addition to the opportunity for review otherwise provided under this chapter1 in the case of any rule for which a report was submitted in accordance with subsection 7a77#a77;,a7 during the period beginning on the date occurring-- 7,a7 in the case of the ,senate1 #fj session days1 or 7,b7 in the case of the ,house of ,representatives1 #fj legislative days1 before the date the ,congress is scheduled to adjourn a session of ,congress through the date on which the same or succeeding ,congress first convenes its next session1 sections #hjb and #hjc shall apply to such rule in the succeeding session of ,congress4 7#b7 7,a7 ,in applying sections #hjb and #hjc for purposes of such additional review1 a rule described under paragraph 7#a7 shall be treated as though-- 7i7 such rule were published in the ,federal ,register on-- 7,i7 in the case of the ,senate1 the #aeth session day1 or 7,,ii7 in the case of the ,house of ,representatives1 the #aeth legislative day1 after the succeeding session of ,congress first convenes2 and 7ii7 a report on such rule were submitted to ,congress under subsection 7a77#a7 on such date4 7,b7 ,nothing in this paragraph shall be construed to affect the requirement under subsection 7a77#a7 that a report shall be submitted to ,congress before a rule can take effect4 7#c7 ,a rule described under paragraph 7#a7 shall take effect as otherwise provided by law 7including other subsections of this section74 #hjb4 ,congressional approval procedure for major rules 7a7 7#a7 ,for purposes of this section1 the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii7 that-- 7,a7 bears no preamble2 7,b7 bears the following title 7with blanks filled as appropriate73 ,approving the rule submitted by relating to 42 7,c7 includes after its resolving clause only the following 7with blanks filled as appropriate73 ,that ,congress approves the rule submitted by relating to 42 and 7,d7 is introduced pursuant to paragraph 7#b74 7#b7 ,after a ,house of ,congress receives a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii71 the majority leader of that ,house 7or his or her respective designee7 shall introduce 7by request1 if appropriate7 a joint resolution described in paragraph 7#a7-- 7,a7 in the case of the ,house of ,representatives1 within three legislative days2 and 7,b7 in the case of the ,senate1 within three session days4 7#c7 ,a joint resolution described in paragraph 7#a7 shall not be subject to amendment at any stage of proceeding4 7b7 ,a joint resolution described in subsection 7a7 shall be referred in each ,house of ,congress to the committees having jurisdiction over the provision of law under which the rule is issued4 7c7 ,in the ,senate1 if the committee or committees to which a joint resolution described in subsection 7a7 has been referred have not reported it at the end of #ae session days after its introduction1 such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 ,a vote on final passage of the resolution shall be taken on or before the close of the #aeth session day after the resolution is reported by the committee or committees to which it was referred1 or after such committee or committees have been discharged from further consideration of the resolution4 7d7 7#a7 ,in the ,senate1 when the committee or committees to which a joint resolution is referred have reported1 or when a committee or committees are discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,house of ,representatives1 if any committee to which a joint resolution described in subsection 7a7 has been referred has not reported it to the ,house at the end of #ae legislative days after its introduction1 such committee shall be discharged from further consideration of the joint resolution1 and it shall be placed on the appropriate calendar4 ,on the second and fourth ,thursdays of each month it shall be in order at any time for the ,speaker to recognize a ,member who favors passage of a joint resolution that has appeared on the calendar for at least #e legislative days to call up that joint resolution for immediate consideration in the ,house without intervention of any point of order4 ,when so called up a joint resolution shall be considered as read and shall be debatable for #a hour equally divided and controlled by the proponent and an opponent1 and the previous question shall be considered as ordered to its passage without intervening motion4 ,it shall not be in order to reconsider the vote on passage4 ,if a vote on final passage of the joint resolution has not been taken by the third ,thursday on which the ,speaker may recognize a ,member under this subsection1 such vote shall be taken on that day4 7f7 7#a7 ,if1 before passing a joint resolution described in subsection 7a71 one ,house receives from the other a joint resolution having the same text1 then-- 7,a7 the joint resolution of the other ,house shall not be referred to a committee2 and 7,b7 the procedure in the receiving ,house shall be the same as if no joint resolution had been received from the other ,house until the vote on passage1 when the joint resolution received from the other ,house shall supplant the joint resolution of the receiving ,house4 7#b7 ,this subsection shall not apply to the ,house of ,representatives if the joint resolution received from the ,senate is a revenue measure4 7g7 ,if either ,house has not taken a vote on final passage of the joint resolution by the last day of the period described in section #hja7;b77#b71 then such vote shall be taken on that day4 7h7 ,this section and section #hjc are enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution described in subsection 7a7 and superseding other rules only where explicitly so2 and 7#b7 with full recognition of the ,constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 #hjc4 ,congressional disapproval procedure for nonmajor rules 7a7 ,for purposes of this section1 the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress and ending #fj days thereafter 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 the matter after the resolving clause of which is as follows3 ,that ,congress disapproves the nonmajor rule submitted by the relating to 1 and such rule shall have no force or effect4 7,the blank spaces being appropriately filled in74 7b7 ,a joint resolution described in subsection 7a7 shall be referred to the committees in each ,house of ,congress with jurisdiction4 7c7 ,in the ,senate1 if the committee to which is referred a joint resolution described in subsection 7a7 has not reported such joint resolution 7or an identical joint resolution7 at the end of #ae session days after the date of introduction of the joint resolution1 such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by #cj ,members of the ,senate1 and such joint resolution shall be placed on the calendar4 7d7 7#a7 ,in the ,senate1 when the committee to which a joint resolution is referred has reported1 or when a committee is discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,senate the procedure specified in subsection 7c7 or 7d7 shall not apply to the consideration of a joint resolution respecting a nonmajor rule-- 7#a7 after the expiration of the #fj session days beginning with the applicable submission or publication date1 or 7#b7 if the report under section #hja7;a77#a77;,a7 was submitted during the period referred to in section #hja7;d77#a71 after the expiration of the #fj session days beginning on the #aeth session day after the succeeding session of ,congress first convenes4 7f7 ,if1 before the passage by one ,house of a joint resolution of that ,house described in subsection 7a71 that ,house receives from the other ,house a joint resolution described in subsection 7a71 then the following procedures shall apply3 7#a7 ,the joint resolution of the other ,house shall not be referred to a committee4 7#b7 ,with respect to a joint resolution described in subsection 7a7 of the ,house receiving the joint resolution-- 7,a7 the procedure in that ,house shall be the same as if no joint resolution had been received from the other ,house2 but 7,b7 the vote on final passage shall be on the joint resolution of the other ,house4 #hjd4 ,definitions ,for purposes of this chapter-- 7#a7 ,the term ,federal agency means any agency as that term is defined in section #eea7a74 7#b7 ,the term major rule means any rule1 including an interim final rule1 that the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget finds-- 7,a7 has resulted in or is likely to result in-- 7i7 an annual effect on the economy of #ej1jjj1jjj or more2 7ii7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7iii7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 7,b7 is made by the ,administrator of the ,environmental ,protection ,agency and that would have a significant impact on a substantial number of agricultural entities1 as determined by the ,secretary of ,agriculture 7who shall publish such determination in the ,federal ,register72 7,c7 is a rule that implements or provides for the imposition or collection of a carbon tax2 or 7,d7 is made under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7#c7 ,the term nonmajor rule means any rule that is not a major rule4 7#d7 ,the term rule has the meaning given such term in section #eea1 except that such term does not include any rule of particular applicability1 including a rule that approves or prescribes for the future rates1 wages1 prices1 services1 or allowances therefore1 corporate or financial structures1 reorganizations1 mergers1 or acquisitions thereof1 or accounting practices or disclosures bearing on any of the foregoing4 7#e7 ,the term submission date or publication date1 except as otherwise provided in this chapter1 means-- 7,a7 in the case of a major rule1 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7,b7 in the case of a nonmajor rule1 the later of-- 7i7 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7ii7 the date on which the nonmajor rule is published in the ,federal ,register1 if so published4 7#f7 ,the term agricultural entity means any entity involved in or related to agricultural enterprise1 including enterprises that are engaged in the business of production of food and fiber1 ranching and raising of livestock1 aquaculture1 and all other farming and agricultural related industries4 7#g7 ,the term carbon tax means a fee1 levy1 or price on-- 7,a7 emissions1 including carbon dioxide emissions generated by the burning of coal1 natural gas1 or oil2 or 7,b7 coal1 natural gas1 or oil based on emissions1 including carbon dioxide emissions that would be generated through the fuel's combustion4 #hje4 ,judicial review 7a7 ,no determination1 finding1 action1 or omission under this chapter shall be subject to judicial review4 7b7 ,notwithstanding subsection 7a71 a court may determine whether a ,federal agency has completed the necessary requirements under this chapter for a rule to take effect4 7c7 ,the enactment of a joint resolution of approval under section #hjb shall not be interpreted to serve as a grant or modification of statutory authority by ,congress for the promulgation of a rule1 shall not extinguish or affect any claim1 whether substantive or procedural1 against any alleged defect in a rule1 and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect4 #hjf4 ,exemption for monetary policy ,nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 #hjg4 ,effective date of certain rules ,notwithstanding section #hja-- 7#a7 any rule that establishes1 modifies1 opens1 closes1 or conducts a regulatory program for a commercial1 recreational1 or subsistence activity related to hunting1 fishing1 or camping2 or 7#b7 any rule other than a major rule which an agency for good cause finds 7and incorporates the finding and a brief statement of reasons therefore in the rule issued7 that notice and public procedure thereon are impracticable1 unnecessary1 or contrary to the public interest1 shall take effect at such time as the ,federal agency promulgating the rule determines4 4 #bjjc4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,section #beg7;b77#b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is amended by adding at the end the following new subparagraph3 7,e7 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,any rules subject to the congressional approval procedure set forth in section #hjb of chapter #h of title #e1 ,united ,states ,code1 affecting budget authority1 outlays1 or receipts shall be assumed to be effective unless it is not approved in accordance with such section4 4 #bjjd4 ,government ,accountability ,office study of rules 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to determine1 as of the date of the enactment of this subtitle-- 7#a7 how many rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 7#b7 how many major rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 and 7#c7 the total estimated economic cost imposed by all such rules4 7b7 ,report ,not later than one year after the date of the enactment of this subtitle1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains the findings of the study conducted under subsection 7a74 ,b ,energy ,consumers ,relief ,act #bbja4 ,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 #bbjb7c7 that the rule will cause significant adverse effects to the economy4 #bbjb4 ,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 #bbjc4 ,definitions ,in this subtitle3 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 #bbjd4 ,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 ,c ,electricity ,security and ,affordability ,act #bcja4 ,standards of performance for new fossil fuel-fired electric utility generating units 7a7 ,limitation ,the ,administrator of the ,environmental ,protection ,agency may not issue1 implement1 or enforce any proposed or final rule under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 that establishes a standard of performance for emissions of any greenhouse gas from any new source that is a fossil fuel-fired electric utility generating unit unless such rule meets the requirements under subsections 7b7 and 7c74 7b7 ,requirements ,in issuing any rule under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 establishing standards of performance for emissions of any greenhouse gas from new sources that are fossil fuel-fired electric utility generating units1 the ,administrator of the ,environmental ,protection ,agency 7for purposes of establishing such standards7-- 7#a7 shall separate sources fueled with coal and natural gas into separate categories2 and 7#b7 shall not set a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless-- 7,a7 such standard has been achieved on average for at least one continuous #ab-month period 7excluding planned outages7 by each of at least #f units within such category-- 7i7 each of which is located at a different electric generating station in the ,united ,states2 7ii7 which1 collectively1 are representative of the operating characteristics of electric generation at different locations in the ,united ,states2 and 7iii7 each of which is operated for the entire #ab-month period on a full commercial basis2 and 7,b7 no results obtained from any demonstration project are used in setting such standard4 7c7 ,coal having a heat content of #hcjj or less ,british ,thermal ,units per pound 7#a7 ,separate subcategory ,in carrying out subsection 7b77#a71 the ,administrator of the ,environmental ,protection ,agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of #hcjj or less ,british ,thermal ,units per pound4 7#b7 ,standard ,notwithstanding subsection 7b77#b71 in issuing any rule under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory1 the ,administrator of the ,environmental ,protection ,agency shall not set a standard based on the best system of emission reduction unless-- 7,a7 such standard has been achieved on average for at least one continuous #ab-month period 7excluding planned outages7 by each of at least #c units within such subcategory-- 7i7 each of which is located at a different electric generating station in the ,united ,states2 7ii7 which1 collectively1 are representative of the operating characteristics of electric generation at different locations in the ,united ,states2 and 7iii7 each of which is operated for the entire #ab-month period on a full commercial basis2 and 7,b7 no results obtained from any demonstration project are used in setting such standard4 7d7 ,technologies ,nothing in this section shall be construed to preclude the issuance1 implementation1 or enforcement of a standard of performance that-- 7#a7 is based on the use of one or more technologies that are developed in a foreign country1 but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the ,united ,states2 and 7#b7 meets the requirements of subsections 7b7 and 7c71 as applicable4 #bcjb4 ,congress to set effective date for standards of performance for existing1 modified1 and reconstructed fossil fuel-fired electric utility generating units 7a7 ,applicability ,this section applies with respect to any rule or guidelines issued by the ,administrator of the ,environmental ,protection ,agency under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 that-- 7#a7 establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit2 or 7#b7 apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit4 7b7 ,congress ,to set effective date ,a rule or guidelines described in subsection 7a7 shall not take effect unless a ,federal law is enacted specifying such rule's or guidelines' effective date4 7c7 ,reporting ,a rule or guidelines described in subsection 7a7 shall not take effect unless the ,administrator of the ,environmental ,protection ,agency has submitted to ,congress a report containing each of the following3 7#a7 ,the text of such rule or guidelines4 7#b7 ,the economic impacts of such rule or guidelines1 including the potential effects on-- 7,a7 economic growth1 competitiveness1 and jobs in the ,united ,states2 7,b7 electricity ratepayers1 including low-income ratepayers in affected ,states2 7,c7 required capital investments and projected costs for operation and maintenance of new equipment required to be installed2 and 7,d7 the global economic competitiveness of the ,united ,states4 7#c7 ,the amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions4 7d7 ,consultation ,in carrying out subsection 7c71 the ,administrator of the ,environmental ,protection ,agency shall consult with the ,administrator of the ,energy ,information ,administration1 the ,comptroller ,general of the ,united ,states1 the ,director of the ,national ,energy ,technology ,laboratory1 and the ,under ,secretary of ,commerce for ,standards and ,technology4 #bcjc4 ,repeal of earlier rules and guidelines ,the following rules and guidelines shall be of no force or effect1 and shall be treated as though such rules and guidelines had never been issued3 7#a7 ,the proposed rule-- 7,a7 entitled ,standards of ,performance for ,greenhouse ,gas ,emissions for ,new ,stationary ,sources3 ,electric ,utility ,generating ,units1 published at #gg ,fed4 ,reg4 #bbcib 7,april #ac1 #bjab72 and 7,b7 withdrawn pursuant to the notice entitled ,withdrawal of ,proposed ,standards of ,performance for ,greenhouse ,gas ,emissions for ,new ,stationary ,sources3 ,electric ,utility ,generating ,units1 signed by the ,administrator of the ,environmental ,protection ,agency on ,september #bj1 #bjac1 and identified by docket ,,id number ,,epa-,,hq-,,oar-#bjaa-jffj4 7#b7 ,the proposed rule entitled ,standards of ,performance for ,greenhouse ,gas ,emissions from ,new ,stationary ,sources3 ,electric ,utility ,generating ,units1 signed by the ,administrator of the ,environmental ,protection ,agency on ,september #bj1 #bjac1 and identified by docket ,,id number ,,epa-,,hq-,,oar-#bjac-jdie4 7#c7 ,with respect to the proposed rule described in paragraph 7#a71 any successor or substantially similar proposed or final rule that-- 7,a7 is issued prior to the date of the enactment of this ,act2 7,b7 is applicable to any new source that is a fossil fuel-fired electric utility generating unit2 and 7,c7 does not meet the requirements under subsections 7b7 and 7c7 of section #b4 7#d7 ,any proposed or final rule or guidelines under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 that-- 7,a7 are issued prior to the date of the enactment of this ,act2 and 7,b7 establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit4 #bcjd4 ,definitions ,in this subtitle3 7#a7 ,demonstration project ,the term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received ,federal ,government funding or financial assistance4 7#b7 ,existing source ,the term existing source has the meaning given such term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a771 except such term shall not include any modified source4 7#c7 ,greenhouse gas ,the term greenhouse gas means any of the following3 7,a7 ,carbon dioxide4 7,b7 ,methane4 7,c7 ,nitrous oxide4 7,d7 ,sulfur hexafluoride4 7,e7 ,hydrofluorocarbons4 7,f7 ,perfluorocarbons4 7#d7 ,modification ,the term modification has the meaning given such term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a774 7#e7 ,modified source ,the term modified source means any stationary source1 the modification of which is commenced after the date of the enactment of this ,act4 7#f7 ,new source ,the term new source has the meaning given such term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a771 except that such term shall not include any modified source4 ,d ,coal ,residuals ,reuse and ,management #bdja4 ,management and disposal of coal combustion residuals 7a7 ,in general ,subtitle ,d of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fida et seq47 is amended by adding at the end the following3 #djaa4 ,management and disposal of coal combustion residuals 7a7 ,state permit programs for coal combustion residuals ,each ,state may adopt1 implement1 and enforce a coal combustion residuals permit program if such ,state provides the notification required under subsection 7b77#a71 and the certification required under subsection 7b77#b74 7b7 ,state actions 7#a7 ,notification ,not later than #f months after the date of enactment of this section 7except as provided by the deadline identified under subsection 7d77#c77;,b771 the ,governor of each ,state shall notify the ,administrator1 in writing1 whether such ,state will adopt and implement a coal combustion residuals permit program4 7#b7 ,certification 7,a7 ,in general ,not later than #cf months after the date of enactment of this section 7except as provided in subsection 7f77#a77;,a771 in the case of a ,state that has notified the ,administrator that it will implement a coal combustion residuals permit program1 the head of the lead ,state implementing agency shall submit to the ,administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection 7c74 7,b7 ,contents ,a certification submitted under this paragraph shall include-- 7i7 a letter identifying the lead ,state implementing agency1 signed by the head of such agency2 7ii7 identification of any other ,state agencies involved with the implementation of the coal combustion residuals permit program2 7iii7 an explanation of how the ,state coal combustion residuals permit program meets the requirements of this section1 including a description of the ,state's-- 7,i7 process to inspect or otherwise determine compliance with such permit program2 7,,ii7 process to enforce the requirements of such permit program2 7,,iii7 public participation process for the promulgation1 amendment1 or repeal of regulations for1 and the issuance of permits under1 such permit program2 7,,iv7 statutes1 regulations1 or policies pertaining to public access to information1 such as groundwater monitoring data2 and 7,v7 statutes1 regulations1 or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program2 7iv7 a certification that the ,state has in effect1 at the time of certification1 statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection 7c72 7v7 copies of ,state statutes and regulations described in clause 7iv72 and 7vi7 an emergency action plan for ,state response to a leak or spill at a structure that receives coal combustion residuals4 7,c7 ,updates ,a ,state may update the certification as needed to reflect changes to the coal combustion residuals permit program4 7#c7 ,maintenance of #djje7;c7 or #cjjf program ,in order to adopt or implement a coal combustion residuals permit program under this section 7including pursuant to subsection 7f771 the ,state implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section #djje7;c7 or an authorized program under section #cjjf4 7c7 ,requirements for a coal combustion residuals permit program ,a coal combustion residuals permit program shall consist of the following3 7#a7 ,general requirements 7,a7 ,in general ,the implementing agency shall-- 7i7 apply the subset of the revised criteria described in paragraph 7#b7 to owners or operators of structures1 including surface impoundments1 that receive coal combustion residuals on or after the date of enactment of this section2 7ii7 with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section1 take the actions required under paragraph 7#c72 7iii7 impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph 7#d72 and 7iv7 require that closure of structures occur in accordance with paragraph 7#e74 7,b7 ,structural integrity 7i7 ,engineering certification ,the implementing agency shall require that an independent registered professional engineer certify that-- 7,i7 the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein2 and 7,,ii7 the construction and maintenance of the structure will ensure structural stability4 7ii7 ,emergency action plan ,the implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the ,state as posing a high hazard potential pursuant to the guidelines published by the ,federal ,emergency ,management ,agency entitled ,federal ,guidelines for ,dam ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc7 prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency4 7iii7 ,inspection 7,i7 ,in general ,the implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design1 operation1 and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein1 so as to ensure dam stability4 7,,ii7 ,potentially hazardous conditions ,the implementing agency shall require that if an inspection under subclause 7,i71 or a periodic evaluation under clause 7iv71 reveals a potentially hazardous condition1 the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate ,state and local first responders4 7iv7 ,periodic evaluation ,the implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness4 7v7 ,deficiency 7,i7 ,in general ,if the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause 7i71 7iii71 or 7iv71 the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency4 7,,ii7 ,uncorrected deficiencies ,if a deficiency is not corrected according to the schedule1 the head of the implementing agency has the authority to require that the structure close in accordance with paragraph 7#e74 7,,iii7 ,dam safety consultation ,in the case of a structure that is a surface impoundment1 the head of the implementing agency shall1 in making a determination under subclause 7,i71 consult with appropriate ,state dam safety officials4 7,c7 ,location ,the implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of #b feet above the upper limit of the water table1 unless it is demonstrated to the satisfaction of the implementing agency that-- 7i7 the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement2 and 7ii7 the function and integrity of the liner system will not be adversely impacted by contact with the water table4 7,d7 ,wind dispersal 7i7 ,in general ,the implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover1 or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal1 facilitates compaction1 and does not result in free liquids4 7ii7 ,alternative methods ,subject to the review and approval by the implementing agency1 owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust4 7,e7 ,permits ,the implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program4 7,f7 ,public availability of information ,except for information with respect to which disclosure is prohibited under section #aije of title #ah1 ,united ,states ,code1 the implementing agency shall ensure that-- 7i7 documents for permit determinations are made available for public review and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii7 or in subsection 7e77#f71 as applicable2 7ii7 final determinations on permit applications are made known to the public2 and 7iii7 groundwater monitoring data collected under paragraph 7#b7 is publicly available4 7,g7 ,agency authority 7i7 ,in general ,the implementing agency has the authority to-- 7,i7 obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection2 7,,ii7 conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection2 and 7,,iii7 enter1 at reasonable times1 any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design1 operation1 and maintenance of structures4 7ii7 ,monitoring and testing ,if monitoring or testing is conducted under clause 7i77,,ii7 by or for the implementing agency1 the implementing agency shall1 if requested1 provide to the owner or operator-- 7,i7 a written description of the monitoring or testing completed2 7,,ii7 at the time of sampling1 a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency2 and 7,,iii7 a copy of the results of any analysis of samples collected by or for the implementing agency4 7#b7 ,revised criteria ,the subset of the revised criteria referred to in paragraph 7#a77;,a77i7 are as follows3 7,a7 ,design requirements ,for new structures1 and lateral expansions of existing structures1 that first receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria regarding design requirements described in section #beh4dj of title #dj1 ,code of ,federal ,regulations1 except that the leachate collection system requirements described in section #beh4dj7;a77#b7 of title #dj1 ,code of ,federal ,regulations1 do not apply to structures that are surface impoundments4 7,b7 ,groundwater monitoring and corrective action ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 except that1 for the purposes of this subparagraph1 the revised criteria shall also include-- 7i7 for the purposes of detection monitoring1 the constituents boron1 chloride1 conductivity1 fluoride1 mercury1 p,h1 sulfate1 sulfide1 and total dissolved solids2 and 7ii7 for the purposes of assessment monitoring1 establishing a groundwater protection standard1 and assessment of corrective measures1 the constituents aluminum1 boron1 chloride1 fluoride1 iron1 manganese1 molybdenum1 p,h1 sulfate1 and total dissolved solids4 7,c7 ,closure ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 in a manner consistent with paragraph 7#e71 the revised criteria for closure described in subsections 7a7 through 7c7 and 7h7 through 7j7 of section #beh4fj of title #dj1 ,code of ,federal ,regulations4 7,d7 ,post-closure ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for post-closure care described in section #beh4fa of title #dj1 ,code of ,federal ,regulations1 except for the requirement described in subsection 7a77#d7 of that section4 7,e7 ,location restrictions ,the revised criteria for location restrictions described in-- 7i7 for new structures1 and lateral expansions of existing structures1 that first receive coal combustion residuals on or after the date of enactment of this section1 sections #beh4aa through #beh4ae of title #dj1 ,code of ,federal ,regulations2 and 7ii7 for existing structures that receive coal combustion residuals on or after the date of enactment of this section1 sections #beh4aa and #beh4ae of title #dj1 ,code of ,federal ,regulations4 7,f7 ,air quality ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for air quality described in section #beh4bd of title #dj1 ,code of ,federal ,regulations4 7,g7 ,financial assurance ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for financial assurance described in subpart ,g of part #beh of title #dj1 ,code of ,federal ,regulations4 7,h7 ,surface water ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for surface water described in section #beh4bg of title #dj1 ,code of ,federal ,regulations4 7,i7 ,recordkeeping ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for recordkeeping described in section #beh4bi of title #dj1 ,code of ,federal ,regulations4 7,j7 ,run-on and run-off control systems for land-based units ,for all landfills and other land-based units1 other than surface impoundments1 that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for run-on and run-off control systems described in section #beh4bf of title #dj1 ,code of ,federal ,regulations4 7,k7 ,run-off control systems for surface impoundments ,for all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for run-off control systems described in section #beh4bf7;a77#b7 of title #dj1 ,code of ,federal ,regulations4 7#c7 ,permit program implementation for existing structures 7,a7 ,notification ,not later than the date on which a ,state submits a certification under subsection 7b77#b71 not later than #cj months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #cf months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the ,state of-- 7i7 the obligation to apply for and obtain a permit under subparagraph 7,c72 and 7ii7 the requirements referred to in subparagraph 7,b74 7,b7 ,compliance with certain requirements ,not later than #ab months after the date on which a ,state submits a certification under subsection 7b77#b71 not later than #db months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #dh months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with-- 7i7 the requirements under paragraphs 7#a77;,b7 7ii7 and 7iii71 7#a77;,d71 7#b77;,b71 7#b77;,f71 7#b77;,h71 7#b77;,j71 and 7#b77,k72 and 7ii7 the groundwater recordkeeping requirement described in section #beh4bi7;a77#e7 of title #dj1 ,code of ,federal ,regulations4 7,c7 ,permits 7i7 ,permit deadline ,not later than #dh months after the date on which a ,state submits a certification under subsection 7b77#b71 not later than #gh months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #hd months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall issue1 with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section1 a final permit incorporating the requirements of the coal combustion residuals permit program1 or a final denial for an application submitted requesting such a permit4 7ii7 ,application deadline ,the implementing agency shall identify1 in collaboration with the owner or operator of a structure described in clause 7i71 a reasonable deadline by which the owner or operator shall submit a permit application under such clause4 7,d7 ,interim operation 7i7 ,prior to deadlines ,with respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph 7,b71 the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect4 7ii7 ,prior to permit ,unless the implementing agency determines that the structure should close pursuant to paragraph 7#e71 if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph 7,b7 by the applicable deadline in such subparagraph1 the owner or operator may operate the structure until such time as the implementing agency issues1 under subparagraph 7,c71 a final permit incorporating the requirements of the coal combustion residuals permit program1 or a final denial for an application submitted requesting such a permit4 7#d7 ,requirements for surface impoundments that do not meet certain criteria 7,a7 ,surface impoundments that require assessment of corrective measures within #aj years of the date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 of this subparagraph and clauses 7i7 and 7ii7 of subparagraph 7,d7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 within #aj years after the date of enactment of this section1 is required under section #beh4ef7;a7 of title #dj1 ,code of ,federal ,regulations1 to undergo an assessment of corrective measures for any constituent covered under subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 or otherwise identified in paragraph 7#b77;,b77ii7 of this subsection1 for which assessment groundwater monitoring is required4 7ii7 ,deadline to meet groundwater protection standard ,except as provided in subparagraph 7,c71 the implementing agency shall require that the groundwater protection standard1 for surface impoundments identified in clause 7i7 of this subparagraph1 established by the implementing agency under section #beh4ee7;h7 or #beh4ee7;i7 of title #dj1 ,code of ,federal ,regulations1 for any constituent for which corrective measures are required shall be met-- 7,i7 as soon as practicable at the relevant point of compliance1 as described in section #beh4dj7;d7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 not later than #aj years after the date of enactment of this section4 7,b7 ,surface impoundments subject to a state corrective action requirement as of the date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 of this subparagraph and clauses 7i7 and 7ii7 of subparagraph 7,d7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 as of the date of enactment of this section1 is subject to a ,state corrective action requirement4 7ii7 ,deadline to meet groundwater protection standard ,except as provided in subparagraph 7,c71 the implementing agency shall require that the groundwater protection standard1 for surface impoundments identified in clause 7i7 of this subparagraph1 established by the implementing agency under section #beh4ee7;h7 or #beh4ee7;i7 of title #dj1 ,code of ,federal ,regulations1 for any constituent for which corrective measures are required shall be met-- 7,i7 as soon as practicable at the relevant point of compliance1 as described in section #beh4dj7;d7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 not later than #h years after the date of enactment of this section4 7,c7 ,extension of deadline 7i7 ,in general ,except as provided in clause 7ii7 of this subparagraph1 the deadline for meeting a groundwater protection standard under subparagraph 7,a77ii7 or 7,b77ii7 may be extended by the implementing agency1 after opportunity for public notice and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii71 or in subsection 7e77#f7 based on-- 7,i7 the effectiveness of any interim measures implemented by the owner or operator of the facility under section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations2 7,,ii7 the level of progress demonstrated in meeting the groundwater protection standard2 7,,iii7 the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action2 and 7,,iv7 the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts1 as necessary1 to design1 obtain any necessary permits1 finance1 construct1 and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph 7,a77ii7 or 7,b77ii74 7ii7 ,exception ,the deadline under subparagraph 7,a77ii7 or 7,b77ii7 shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action1 unless the contamination has been addressed by providing a permanent replacement water system4 7,d7 ,additional requirements 7i7 ,closure ,if the deadline under subparagraph 7,a77ii71 7,b77ii71 or 7,c7 is not satisfied1 the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph 7#e74 7ii7 ,interim measures 7,i7 ,in general ,except as provided in subclause 7,,ii71 not later than #ij days after the date on which the assessment of corrective measures is initiated1 the owner or operator of a surface impoundment described in subparagraph 7,a7 or 7,b7 shall implement interim measures1 as necessary1 under the factors in section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations4 7,,ii7 ,impoundments subject to state corrective action requirement as of the date of enactment ,subclause 7,i7 shall only apply to surface impoundments subject to a ,state corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures1 as necessary1 under the factors in section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations4 7,e7 ,surface impoundments that require assessment of corrective measures more than #aj years after date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 more than #aj years after the date of enactment of this section1 is required under section #beh4ef7;a7 title #dj1 ,code of ,federal ,regulations1 to undergo an assessment of corrective measures for any constituent covered under subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 or otherwise identified in paragraph 7#b77;,b77ii7 of this subsection1 for which assessment groundwater monitoring is required4 7ii7 ,requirements 7,i7 ,closure ,the surface impoundments identified in clause 7i7 shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph 7#e7 after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment4 7,,ii7 ,best efforts ,the alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design1 obtain necessary permits for1 finance1 construct1 and render operational the alternative management capacity4 7,,iii7 ,alternative capacity management plan ,the owner or operator shall1 in collaboration with the implementing agency1 prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion4 7,,iv7 ,public participation ,the plan described in subclause 7,,iii7 shall be subject to public notice and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii7 or in subsection 7e77#f71 as applicable4 7#e7 ,closure 7,a7 ,in general ,if it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure1 or if it is determined by the owner or operator that a structure should close1 the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed4 7,b7 ,surface impoundment ,in the case of a surface impoundment1 the closure plan under subparagraph 7,a7 shall require1 at a minimum1 the removal of liquid and the stabilization of remaining waste1 as necessary to support the final cover4 7d7 ,federal review of ,state permit programs 7#a7 ,in general ,the ,administrator shall provide to a ,state written notice and an opportunity to remedy deficiencies in accordance with paragraph 7#c7 if at any time the ,state-- 7,a7 does not satisfy the notification requirement under subsection 7b77#a72 7,b7 has not submitted a certification required under subsection 7b77#b72 7,c7 does not satisfy the maintenance requirement under subsection 7b77#c72 7,d7 is not implementing a coal combustion residuals permit program1 with respect to which the ,state has submitted a certification under subsection 7b77#b71 that meets the requirements described in subsection 7c72 7,e7 is not implementing a coal combustion residuals permit program1 with respect to which the ,state has submitted a certification under subsection 7b77#b7-- 7i7 that is consistent with such certification2 and 7ii7 for which the ,state continues to have in effect statutes or regulations necessary to implement such program2 or 7,f7 does not make available to the ,administrator1 within #ij days of a written request1 specific information necessary for the ,administrator to ascertain whether the ,state has satisfied the requirements described in subparagraphs 7,a7 through 7,e74 7#b7 ,request ,if a request described in paragraph 7#a77;,f7 is proposed pursuant to a petition to the ,administrator1 the ,administrator shall only make the request if the ,administrator does not possess the information necessary to ascertain whether the ,state has satisfied the requirements described in subparagraphs 7,a7 through 7,e7 of such paragraph4 7#c7 ,contents of notice2 deadline for response ,a notice provided under paragraph 7#a7 shall-- 7,a7 include findings of the ,administrator detailing any applicable deficiencies described in subparagraphs 7,a7 through 7,f7 of paragraph 7#a72 and 7,b7 identify1 in collaboration with the ,state1 a reasonable deadline by which the ,state shall remedy such applicable deficiencies1 which shall be-- 7i7 in the case of a deficiency described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 not earlier than #ahj days after the date on which the ,state receives the notice2 and 7ii7 in the case of a deficiency described in paragraph 7#a77;,f71 not later than #ij days after the date on which the ,state receives the notice4 7#d7 ,criteria for determining deficiency of ,state permit program ,in making a determination whether a ,state has failed to satisfy the requirements described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 or a determination under subsection 7e77#a77;,b71 the ,administrator shall consider1 as appropriate-- 7,a7 whether the ,state's statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection 7c7 because of-- 7i7 failure of the ,state to promulgate or enact new statutes or regulations when necessary2 or 7ii7 action by a ,state legislature or court striking down or limiting such ,state statutes or regulations2 7,b7 whether the operation of the ,state coal combustion residuals permit program fails to comply with the requirements of subsection 7c7 because of-- 7i7 failure of the ,state to issue permits as required in subsection 7c77#a77;,e72 7ii7 repeated issuance of permits by the ,state which do not meet the requirements of subsection 7c72 7iii7 failure of the ,state to comply with the public participation requirements of this section2 or 7iv7 failure of the ,state to implement corrective action requirements as described in subsection 7c77#b77;,b72 and 7,c7 whether the enforcement of a ,state coal combustion residuals permit program fails to comply with the requirements of this section because of-- 7i7 failure to act on violations of permits1 as identified by the ,state2 or 7ii7 repeated failure by the ,state to inspect or otherwise determine compliance pursuant to the process identified in subsection 7b77#b77;,b77iii77,i74 7e7 ,implementation by ,administrator 7#a7 ,federal backstop authority ,the ,administrator shall implement a coal combustion residuals permit program for a ,state only if-- 7,a7 the ,governor of the ,state notifies the ,administrator under subsection 7b77#a7 that the ,state will not adopt and implement a permit program2 7,b7 the ,state has received a notice under subsection 7d7 and the ,administrator determines1 after providing a #cj-;day period for notice and public comment1 that the ,state has failed1 by the deadline identified in the notice under subsection 7d77#c77;,b71 to remedy the deficiencies detailed in the notice under subsection 7d77#c77;,a72 or 7,c7 the ,state informs the ,administrator1 in writing1 that such ,state will no longer implement such a permit program4 7#b7 ,review ,a ,state may obtain a review of a determination by the ,administrator under this subsection as if the determination was a final regulation for purposes of section #gjjf4 7#c7 ,other structures ,for structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a ,state that the ,state does not have authority or jurisdiction to regulate1 the ,administrator shall implement a coal combustion residuals permit program only for those structures4 7#d7 ,requirements ,if the ,administrator implements a coal combustion residuals permit program for a ,state under paragraph 7#a7 or 7#c71 the permit program shall consist of the requirements described in subsection 7c74 7#e7 ,enforcement 7,a7 ,in general ,if the ,administrator implements a coal combustion residuals permit program for a ,state under paragraph 7#a7-- 7i7 the authorities referred to in section #djje7;c77#b77;,a7 shall apply with respect to coal combustion residuals and structures for which the ,administrator is implementing the coal combustion residuals permit program2 and 7ii7 the ,administrator may use those authorities to inspect1 gather information1 and enforce the requirements of this section in the ,state4 7,b7 ,other structures ,if the ,administrator implements a coal combustion residuals permit program under paragraph 7#c7-- 7i7 the authorities referred to in section #djje7;c77#b77;,a7 shall apply with respect to coal combustion residuals and structures for which the ,administrator is implementing the coal combustion residuals permit program2 and 7ii7 the ,administrator may use those authorities to inspect1 gather information1 and enforce the requirements of this section for the structures for which the ,administrator is implementing the coal combustion residuals permit program4 7#f7 ,public participation process ,if the ,administrator implements a coal combustion residuals permit program for a ,state under this subsection1 the ,administrator shall provide a #cj-;day period for the public participation process required in paragraphs 7#a77;,f77i71 7#d77;,c77i71 and 7#d77;,e77ii77,,iv7 of subsection 7c74 7f7 ,state control after implementation by ,administrator 7#a7 ,state control 7,a7 ,new adoption1 or resumption of1 and implementation by ,state ,for a ,state for which the ,administrator is implementing a coal combustion residuals permit program under subsection 7e77#a77;,a71 or subsection 7e77#a77;,c71 the ,state may adopt and implement such a permit program by-- 7i7 notifying the ,administrator that the ,state will adopt and implement such a permit program2 7ii7 not later than #f months after the date of such notification1 submitting to the ,administrator a certification under subsection 7b77#b72 and 7iii7 receiving from the ,administrator-- 7,i7 a determination1 after providing a #cj-;day period for notice and public comment1 that the ,state coal combustion residuals permit program meets the requirements described in subsection 7c72 and 7,,ii7 a timeline for transition of control of the coal combustion residuals permit program4 7,b7 ,remedying deficient permit program ,for a ,state for which the ,administrator is implementing a coal combustion residuals permit program under subsection 7e77#a77;,b71 the ,state may adopt and implement such a permit program by-- 7i7 remedying only the deficiencies detailed in the notice pursuant to subsection 7d77#c77;,a72 and 7ii7 receiving from the ,administrator-- 7,i7 a determination1 after providing a #cj-;day period for notice and public comment1 that the deficiencies detailed in such notice have been remedied2 and 7,,ii7 a timeline for transition of control of the coal combustion residuals permit program4 7#b7 ,review of determination 7,a7 ,determination required ,the ,administrator shall make a determination under paragraph 7#a7 not later than #ij days after the date on which the ,state submits a certification under paragraph 7#a77;,a77ii71 or notifies the ,administrator that the deficiencies have been remedied pursuant to paragraph 7#a77;,b77i71 as applicable4 7,b7 ,review ,a ,state may obtain a review of a determination by the ,administrator under paragraph 7#a7 as if such determination was a final regulation for purposes of section #gjjf4 7#c7 ,implementation during transition 7,a7 ,effect on actions and orders ,program requirements of1 and actions taken or orders issued pursuant to1 a coal combustion residuals permit program shall remain in effect if-- 7i7 a ,state takes control of its coal combustion residuals permit program from the ,administrator under paragraph 7#a72 or 7ii7 the ,administrator takes control of a coal combustion residuals permit program from a ,state under subsection 7e74 7,b7 ,change in requirements ,subparagraph 7,a7 shall apply to such program requirements1 actions1 and orders until such time as-- 7i7 the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order2 or 7ii7 the ,state or the ,administrator1 whichever took the action or issued the order1 certifies the completion of a corrective action that is the subject of the action or order4 7#d7 ,single permit program ,if a ,state adopts and implements a coal combustion residuals permit program under this subsection1 the ,administrator shall cease to implement the permit program implemented under subsection 7e77#a7 for such ,state4 7g7 ,effect on determination under #djje7;c7 or #cjjf ,the ,administrator shall not consider the implementation of a coal combustion residuals permit program by the ,administrator under subsection 7e7 in making a determination of approval for a permit program or other system of prior approval and conditions under section #djje7;c7 or of authorization for a program under section #cjjf4 7h7 ,authority 7#a7 ,state authority ,nothing in this section shall preclude or deny any right of any ,state to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section4 7#b7 ,authority of the administrator 7,a7 ,in general ,except as provided in subsections 7d7 and 7e7 and section #fjje1 the ,administrator shall1 with respect to the regulation of coal combustion residuals1 defer to the ,states pursuant to this section4 7,b7 ,imminent hazard ,nothing in this section shall be construed as affecting the authority of the ,administrator under section #gjjc with respect to coal combustion residuals4 7,c7 ,enforcement assistance only upon request ,upon request from the head of a lead ,state agency that is implementing a coal combustion residuals permit program1 the ,administrator may provide to such ,state agency only the enforcement assistance requested4 7,d7 ,concurrent enforcement ,except as provided in subparagraph 7,c71 the ,administrator shall not have concurrent enforcement authority when a ,state is implementing a coal combustion residuals permit program1 including during any period of interim operation described in subsection 7c77#c77;,d74 7,e7 ,other authority ,the ,administrator shall not have authority to finalize the proposed rule published at pages #ceabh through #cebfd of volume #ge of the ,federal ,register 7,june #ba1 #bjaj74 7,f7 ,other response authority ,nothing in this section shall be construed as affecting the authority of the ,administrator under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 with respect to coal combustion residuals4 7#c7 ,citizen suits ,nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section #gjjb4 7i7 ,mine reclamation activities ,a coal combustion residuals permit program implemented by the ,administrator under subsection 7e7 shall not apply to the utilization1 placement1 and storage of coal combustion residuals at surface mining and reclamation operations4 7j7 ,definitions ,in this section3 7#a7 ,coal combustion residuals ,the term coal combustion residuals means-- 7,a7 the solid wastes listed in section #cjja7;b77#c77;,a77i71 including recoverable materials from such wastes2 7,b7 coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal1 provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure2 7,c7 fluidized bed combustion wastes2 7,d7 wastes from the co-burning of coal with non-hazardous secondary materials1 provided that coal makes up at least #ej percent of the total fuel burned2 and 7,e7 wastes from the co-burning of coal with materials described in subparagraph 7,a7 that are recovered from monofills4 7#b7 ,coal combustion residuals permit program ,the term coal combustion residuals permit program means all of the authorities1 activities1 and procedures that comprise the system of prior approval and conditions implemented by or for a ,state to regulate the management and disposal of coal combustion residuals4 7#c7 ,code of ,federal regulations ,the term ,code of ,federal ,regulations means the ,code of ,federal ,regulations 7as in effect on the date of enactment of this section7 or any successor regulations4 7#d7 ,implementing agency ,the term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a ,state1 which shall either be the lead ,state implementing agency identified under subsection 7b77#b77;,b77i7 or the ,administrator pursuant to subsection 7e74 7#e7 ,permit2 prior approval and conditions ,except as provided in subsections 7b77#c7 and 7g71 the terms permit and prior approval and conditions mean any authorization1 license1 or equivalent control document that incorporates the requirements of subsection 7c74 7#f7 ,revised criteria ,the term revised criteria means the criteria promulgated for municipal solid waste landfill units under section #djjd7;a7 and under section #ajjh7;a77#c71 as revised under section #djaj7;c74 7#g7 ,structure 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term structure means a landfill1 surface impoundment1 or other land-based unit which receives1 or is intended to receive1 coal combustion residuals4 7,b7 ,de minimis receipt ,the term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit4 4 7b7 ,conforming amendment ,the table of contents contained in section #ajja of the ,solid ,waste ,disposal ,act is amended by inserting after the item relating to section #djaj the following3 ,sec4 #djaa4 ,management and disposal of coal combustion residuals4 4 #bdjb4 #bjjj regulatory determination ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to alter in any manner the ,environmental ,protection ,agency's regulatory determination entitled ,notice of ,regulatory ,determination on ,wastes ,from the ,combustion of ,fossil ,fuels1 published at #fe ,fed4 ,reg4 #cbbad 7,may #bb1 #bjjj71 that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle ,c of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba et seq474 #bdjc4 ,technical assistance ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to affect the authority of a ,state to request1 or the ,administrator of the ,environmental ,protection ,agency to provide1 technical assistance under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 #bdjd4 ,federal ,power ,act ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to affect the obligations of an owner or operator of a structure 7as defined in section #djaa of the ,solid ,waste ,disposal ,act1 as added by this subtitle7 under section #bae7;b77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7b77#a774 ,,iii ,reducing ,frivolous ,legal ,costs ,a ,lawsuit ,abuse ,reduction ,act #caja4 ,attorney accountability 7a7 ,sanctions under rule #aa ,rule #aa7;c7 of the ,federal ,rules of ,civil ,procedure is amended-- 7#a7 in paragraph 7#a71 by striking may and inserting shall2 7#b7 in paragraph 7#b71 by striking ,rule #e and all that follows through motion4 and inserting ,rule #e42 and 7#c7 in paragraph 7#d71 by striking situated and all that follows through the end of the paragraph and inserting situated1 and to compensate the parties that were injured by such conduct4 ,subject to the limitations in paragraph 7#e71 the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation1 including reasonable attorneys' fees and costs4 ,the court may also impose additional appropriate sanctions1 such as striking the pleadings1 dismissing the suit1 or other directives of a nonmonetary nature1 or1 if warranted for effective deterrence1 an order directing payment of a penalty into the court44 7b7 ,rule of construction ,nothing in this subtitle or an amendment made by this subtitle shall be construed to bar or impede the assertion or development of new claims1 defenses1 or remedies under ,federal1 ,state1 or local laws1 including civil rights laws1 or under the ,constitution of the ,united ,states4 ,b ,furthering ,asbestos ,claim ,transparency in ,bankruptcy #cbja4 ,amendments ,section #ebd7;g7 of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,a trust described in paragraph 7#b7 shall1 subject to section #ajg-- 7,a7 file with the bankruptcy court1 not later than #fj days after the end of every quarter1 a report that shall be made available on the court's public docket and with respect to such quarter-- 7i7 describes each demand the trust received from1 including the name and exposure history of1 a claimant and the basis for any payment from the trust made to such claimant2 and 7ii7 does not include any confidential medical record or the claimant's full social security number2 and 7,b7 upon written request1 and subject to payment 7demanded at the option of the trust7 for any reasonable cost incurred by the trust to comply with such request1 provide in a timely manner any information related to payment from1 and demands for payment from1 such trust1 subject to appropriate protective orders1 to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure4 4 #cbjb4 ,effective date2 application of amendments 7a7 ,effective date ,except as provided in subsection 7b71 this subtitle and the amendments made by this subtitle shall take effect on the date of the enactment of this subtitle4 7b7 ,application of amendments ,the amendments made by this subtitle shall apply with respect to cases commenced under title #aa of the ,united ,states ,code before1 on1 or after the date of the enactment of this subtitle4 ,c ,innovation ,act #ccja4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office4 7#b7 ,office ,the term ,office means the ,united ,states ,patent and ,trademark ,office4 #ccjb4 ,patent infringement actions 7a7 ,pleading requirements 7#a7 ,amendment ,chapter #bi of title #ce1 ,united ,states ,code1 is amended by inserting after section #bha the following3 #bha;,a4 ,pleading requirements for patent infringement actions 7a7 ,pleading requirements ,except as provided in subsection 7b71 in a civil action in which a party asserts a claim for relief arising under any ,act of ,congress relating to patents1 a party alleging infringement shall include in the initial complaint1 counterclaim1 or cross-claim for patent infringement1 unless the information is not reasonably accessible to such party1 the following3 7#a7 ,an identification of each patent allegedly infringed4 7#b7 ,an identification of each claim of each patent identified under paragraph 7#a7 that is allegedly infringed4 7#c7 ,for each claim identified under paragraph 7#b71 an identification of each accused process1 machine1 manufacture1 or composition of matter 7referred to in this section as an accused instrumentality7 alleged to infringe the claim4 7#d7 ,for each accused instrumentality identified under paragraph 7#c71 an identification with particularity1 if known1 of-- 7,a7 the name or model number of each accused instrumentality2 or 7,b7 if there is no name or model number1 a description of each accused instrumentality4 7#e7 ,for each accused instrumentality identified under paragraph 7#c71 a clear and concise statement of-- 7,a7 where each element of each claim identified under paragraph 7#b7 is found within the accused instrumentality2 and 7,b7 with detailed specificity1 how each limitation of each claim identified under paragraph 7#b7 is met by the accused instrumentality4 7#f7 ,for each claim of indirect infringement1 a description of the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement4 7#g7 ,a description of the authority of the party alleging infringement to assert each patent identified under paragraph 7#a7 and of the grounds for the court's jurisdiction4 7#h7 ,a clear and concise description of the principal business1 if any1 of the party alleging infringement4 7#i7 ,a list of each complaint filed1 of which the party alleging infringement has knowledge1 that asserts or asserted any of the patents identified under paragraph 7#a74 7#aj7 ,for each patent identified under paragraph 7#a71 whether a standard-setting body has specifically declared such patent to be essential1 potentially essential1 or having potential to become essential to that standard-setting body1 and whether the ,united ,states ,government or a foreign government has imposed specific licensing requirements with respect to such patent4 7b7 ,information not readily accessible ,if information required to be disclosed under subsection 7a7 is not readily accessible to a party1 that information may instead be generally described1 along with an explanation of why such undisclosed information was not readily accessible1 and of any efforts made by such party to access such information4 7c7 ,confidential information ,a party required to disclose information described under subsection 7a7 may file1 under seal1 information believed to be confidential1 with a motion setting forth good cause for such sealing4 ,if such motion is denied by the court1 the party may seek to file an amended complaint4 7d7 ,exemption ,a civil action that includes a claim for relief arising under section #bga7;e77#b7 shall not be subject to the requirements of subsection 7a74 4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 is amended by inserting after the item relating to section #bha the following new item3 #bha;,a4 ,pleading requirements for patent infringement actions4 4 7b7 ,fees and other expenses 7#a7 ,amendment ,section #bhe of title #ce1 ,united ,states ,code1 is amended to read as follows3 #bhe4 ,fees and other expenses 7a7 ,award ,the court shall award1 to a prevailing party1 reasonable fees and other expenses incurred by that party in connection with a civil action in which any party asserts a claim for relief arising under any ,act of ,congress relating to patents1 unless the court finds that the position and conduct of the nonprevailing party or parties were reasonably justified in law and fact or that special circumstances 7such as severe economic hardship to a named inventor7 make an award unjust4 7b7 ,certification and recovery ,upon motion of any party to the action1 the court shall require another party to the action to certify whether or not the other party will be able to pay an award of fees and other expenses if such an award is made under subsection 7a74 ,if a nonprevailing party is unable to pay an award that is made against it under subsection 7a71 the court may make a party that has been joined under section #bii7;d7 with respect to such party liable for the unsatisfied portion of the award4 7c7 ,covenant not ,to sue ,a party to a civil action that asserts a claim for relief arising under any ,act of ,congress relating to patents against another party1 and that subsequently unilaterally extends to such other party a covenant not to sue for infringement with respect to the patent or patents at issue1 shall be deemed to be a nonprevailing party 7and the other party the prevailing party7 for purposes of this section1 unless the party asserting such claim would have been entitled1 at the time that such covenant was extended1 to voluntarily dismiss the action or claim without a court order under ,rule #da of the ,federal ,rules of ,civil ,procedure4 4 7#b7 ,conforming amendment and amendment 7,a7 ,conforming amendment ,the item relating to section #bhe of the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 is amended to read as follows3 #bhe4 ,fees and other expenses4 4 7,b7 ,amendment ,section #bgc of title #ce1 ,united ,states ,code1 is amended by striking subsections 7f7 and 7g74 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of the enactment of this ,act and shall apply to any action for which a complaint is filed on or after the first day of the #f-month period ending on that effective date4 7c7 ,joinder of interested parties ,section #bii of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,joinder of interested parties 7#a7 ,joinder ,in a civil action arising under any ,act of ,congress relating to patents in which fees and other expenses have been awarded under section #bhe to a prevailing party defending against an allegation of infringement of a patent claim1 and in which the nonprevailing party alleging infringement is unable to pay the award of fees and other expenses1 the court shall grant a motion by the prevailing party to join an interested party if such prevailing party shows that the nonprevailing party has no substantial interest in the subject matter at issue other than asserting such patent claim in litigation4 7#b7 ,limitation on joinder 7,a7 ,discretionary denial of motion ,the court may deny a motion to join an interested party under paragraph 7#a7 if-- 7i7 the interested party is not subject to service of process2 or 7ii7 joinder under paragraph 7#a7 would deprive the court of subject matter jurisdiction or make venue improper4 7,b7 ,required denial of motion ,the court shall deny a motion to join an interested party under paragraph 7#a7 if-- 7i7 the interested party did not timely receive the notice required by paragraph 7#c72 or 7ii7 within #cj days after receiving the notice required by paragraph 7#c71 the interested party renounces1 in writing and with notice to the court and the parties to the action1 any ownership1 right1 or direct financial interest 7as described in paragraph 7#d77 that the interested party has in the patent or patents at issue4 7#c7 ,notice requirement ,an interested party may not be joined under paragraph 7#a7 unless it has been provided actual notice1 within #cj days after the date on which it has been identified in the initial disclosure provided under section #bij7;b71 that it has been so identified and that such party may therefore be an interested party subject to joinder under this subsection4 ,such notice shall be provided by the party who subsequently moves to join the interested party under paragraph 7#a71 and shall include language that-- 7,a7 identifies the action1 the parties thereto1 the patent or patents at issue1 and the pleading or other paper that identified the party under section #bij7;b72 and 7,b7 informs the party that it may be joined in the action and made subject to paying an award of fees and other expenses under section #bhe7;b7 if-- 7i7 fees and other expenses are awarded in the action against the party alleging infringement of the patent or patents at issue under section #bhe7;a72 7ii7 the party alleging infringement is unable to pay the award of fees and other expenses2 7iii7 the party receiving notice under this paragraph is determined by the court to be an interested party2 and 7iv7 the party receiving notice under this paragraph has not1 within #cj days after receiving such notice1 renounced in writing1 and with notice to the court and the parties to the action1 any ownership1 right1 or direct financial interest 7as described in paragraph 7#d77 that the interested party has in the patent or patents at issue4 7#d7 ,interested party defined ,in this subsection1 the term interested party means a person1 other than the party alleging infringement1 that-- 7,a7 is an assignee of the patent or patents at issue2 7,b7 has a right1 including a contingent right1 to enforce or sublicense the patent or patents at issue2 or 7,c7 has a direct financial interest in the patent or patents at issue1 including the right to any part of an award of damages or any part of licensing revenue1 except that a person with a direct financial interest does not include-- 7i7 an attorney or law firm providing legal representation in the civil action described in paragraph 7#a7 if the sole basis for the financial interest of the attorney or law firm in the patent or patents at issue arises from the attorney or law firm's receipt of compensation reasonably related to the provision of the legal representation2 or 7ii7 a person whose sole financial interest in the patent or patents at issue is ownership of an equity interest in the party alleging infringement1 unless such person also has the right or ability to influence1 direct1 or control the civil action4 4 7d7 ,discovery limits 7#a7 ,amendment ,chapter #bi of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bii;,a4 ,discovery in patent infringement action 7a7 ,discovery in patent infringement action ,except as provided in subsections 7b7 and 7c71 in a civil action arising under any ,act of ,congress relating to patents1 if the court determines that a ruling relating to the construction of terms used in a patent claim asserted in the complaint is required1 discovery shall be limited1 until such ruling is issued1 to information necessary for the court to determine the meaning of the terms used in the patent claim1 including any interpretation of those terms used to support the claim of infringement4 7b7 ,discretion ,to expand scope of discovery 7#a7 ,timely resolution of actions ,in the case of an action under any provision of ,federal law 7including an action that includes a claim for relief arising under section #bga7;e771 for which resolution within a specified period of time of a civil action arising under any ,act of ,congress relating to patents will necessarily affect the rights of a party with respect to the patent1 the court shall permit discovery1 in addition to the discovery authorized under subsection 7a71 before the ruling described in subsection 7a7 is issued as necessary to ensure timely resolution of the action4 7#b7 ,resolution of motions ,when necessary to resolve a motion properly raised by a party before a ruling relating to the construction of terms described in subsection 7a7 is issued1 the court may allow limited discovery in addition to the discovery authorized under subsection 7a7 as necessary to resolve the motion4 7#c7 ,special circumstances ,in special circumstances that would make denial of discovery a manifest injustice1 the court may permit discovery1 in addition to the discovery authorized under subsection 7a71 as necessary to prevent the manifest injustice4 7#d7 ,actions seeking relief based on competitive harm ,the limitation on discovery provided under subsection 7a7 shall not apply to an action seeking a preliminary injunction to redress harm arising from the use1 sale1 or offer for sale of any allegedly infringing instrumentality that competes with a product sold or offered for sale1 or a process used in manufacture1 by a party alleging infringement4 7c7 ,exclusion from discovery limitation ,the parties may voluntarily consent to be excluded1 in whole or in part1 from the limitation on discovery provided under subsection 7a7 if at least one plaintiff and one defendant enter into a signed stipulation1 to be filed with and signed by the court4 ,with regard to any discovery excluded from the requirements of subsection 7a7 under the signed stipulation1 with respect to such parties1 such discovery shall proceed according to the ,federal ,rules of ,civil ,procedure4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new item3 #bii;,a4 ,discovery in patent infringement action4 4 7e7 ,sense of ,congress ,it is the sense of ,congress that it is an abuse of the patent system and against public policy for a party to send out purposely evasive demand letters to end users alleging patent infringement4 ,demand letters sent should1 at the least1 include basic information about the patent in question1 what is being infringed1 and how it is being infringed4 ,any actions or litigation that stem from these types of purposely evasive demand letters to end users should be considered a fraudulent or deceptive practice and an exceptional circumstance when considering whether the litigation is abusive4 7f7 ,demand letters ,section #bhd of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in the first undesignated paragraph1 by striking ,upon finding and inserting 7a7 ,in general4--,upon finding2 7#b7 in the second undesignated paragraph1 by striking ,when the damages and inserting 7b7 ,assessment by court2 treble damages4--,when the damages2 7#c7 by inserting after subsection 7b71 as designated by paragraph 7#b7 of this subsection1 the following3 7c7 ,willful infringement ,a claimant seeking to establish willful infringement may not rely on evidence of pre-suit notification of infringement unless that notification identifies with particularity the asserted patent1 identifies the product or process accused1 identifies the ultimate parent entity of the claimant1 and explains with particularity1 to the extent possible following a reasonable investigation or inquiry1 how the product or process infringes one or more claims of the patent4 2 and 7#d7 in the last undesignated paragraph1 by striking ,the court and inserting 7d7 ,expert testimony4--,the court4 7g7 ,effective date ,except as otherwise provided in this section1 the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to any action for which a complaint is filed on or after that date4 #ccjc4 ,transparency of patent ownership 7a7 ,amendments ,section #bij of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking suits and inserting suits2 disclosure of interests2 7#b7 by striking ,the clerks and inserting 7a7 ,notice of patent suits4--,the clerks2 and 7#c7 by adding at the end the following new subsections3 7b7 ,initial disclosure 7#a7 ,in general ,except as provided in paragraph 7#b71 upon the filing of an initial complaint for patent infringement1 the plaintiff shall disclose to the ,patent and ,trademark ,office1 the court1 and each adverse party the identity of each of the following3 7,a7 ,the assignee of the patent or patents at issue4 7,b7 ,any entity with a right to sublicense or enforce the patent or patents at issue4 7,c7 ,any entity1 other than the plaintiff1 that the plaintiff knows to have a financial interest in the patent or patents at issue or the plaintiff4 7,d7 ,the ultimate parent entity of any assignee identified under subparagraph 7,a7 and any entity identified under subparagraph 7,b7 or 7,c74 7#b7 ,exemption ,the requirements of paragraph 7#a7 shall not apply with respect to a civil action filed under subsection 7a7 that includes a cause of action described under section #bga7;e77#b74 7c7 ,disclosure compliance 7#a7 ,publicly traded ,for purposes of subsection 7b77#a77;,c71 if the financial interest is held by a corporation traded on a public stock exchange1 an identification of the name of the corporation and the public exchange listing shall satisfy the disclosure requirement4 7#b7 ,not publicly traded ,for purposes of subsection 7b77#a77;,c71 if the financial interest is not held by a publicly traded corporation1 the disclosure shall satisfy the disclosure requirement if the information identifies-- 7,a7 in the case of a partnership1 the name of the partnership and the name and correspondence address of each partner or other entity that holds more than a #e-percent share of that partnership2 7,b7 in the case of a corporation1 the name of the corporation1 the location of incorporation1 the address of the principal place of business1 and the name of each officer of the corporation2 and 7,c7 for each individual1 the name and correspondence address of that individual4 7d7 ,ongoing duty of disclosure to the ,patent and ,trademark ,office 7#a7 ,in general ,a plaintiff required to submit information under subsection 7b7 or a subsequent owner of the patent or patents at issue shall1 not later than #ij days after any change in the assignee of the patent or patents at issue or an entity described under subparagraph 7,b7 or 7,d7 of subsection 7b77#a71 submit to the ,patent and ,trademark ,office the updated identification of such assignee or entity4 7#b7 ,failure to comply ,with respect to a patent for which the requirement of paragraph 7#a7 has not been met-- 7,a7 the plaintiff or subsequent owner shall not be entitled to recover reasonable fees and other expenses under section #bhe or increased damages under section #bhd with respect to infringing activities taking place during any period of noncompliance with paragraph 7#a71 unless the denial of such damages or fees would be manifestly unjust2 and 7,b7 the court shall award to a prevailing party accused of infringement reasonable fees and other expenses under section #bhe that are incurred to discover the updated assignee or entity described under paragraph 7#a71 unless such sanctions would be unjust4 7e7 ,definitions ,in this section3 7#a7 ,financial interest ,the term financial interest-- 7,a7 means-- 7i7 with regard to a patent or patents1 the right of a person to receive proceeds related to the assertion of the patent or patents1 including a fixed or variable portion of such proceeds2 and 7ii7 with regard to the plaintiff1 direct or indirect ownership or control by a person of more than #e percent of such plaintiff2 and 7,b7 does not mean-- 7i7 ownership of shares or other interests in a mutual or common investment fund1 unless the owner of such interest participates in the management of such fund2 or 7ii7 the proprietary interest of a policyholder in a mutual insurance company or of a depositor in a mutual savings association1 or a similar proprietary interest1 unless the outcome of the proceeding could substantially affect the value of such interest4 7#b7 ,proceeding ,the term proceeding means all stages of a civil action1 including pretrial and trial proceedings and appellate review4 7#c7 ,ultimate parent entity 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term ultimate parent entity has the meaning given such term in section #hja4a7;a77#c7 of title #af1 ,code of ,federal ,regulations1 or any successor regulation4 7,b7 ,modification of definition ,the ,director may modify the definition of ultimate parent entity by regulation4 4 7b7 ,technical and conforming amendment ,the item relating to section #bij in the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 is amended to read as follows3 #bij4 ,notice of patent suits2 disclosure of interests4 4 7c7 ,regulations ,the ,director may promulgate such regulations as are necessary to establish a registration fee in an amount sufficient to recover the estimated costs of administering subsections 7b7 through 7e7 of section #bij of title #ce1 ,united ,states ,code1 as added by subsection 7a71 to facilitate the collection and maintenance of the information required by such subsections1 and to ensure the timely disclosure of such information to the public4 7d7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #f-month period beginning on the date of the enactment of this ,act and shall apply to any action for which a complaint is filed on or after such effective date4 #ccjd4 ,customer-suit exception 7a7 ,amendment ,section #bif of title #ce1 ,united ,states ,code1 is amended to read as follows3 #bif4 ,stay of action against customer 7a7 ,stay of action against customer ,except as provided in subsection 7d71 in any civil action arising under any ,act of ,congress relating to patents1 the court shall grant a motion to stay at least the portion of the action against a covered customer related to infringement of a patent involving a covered product or process if the following requirements are met3 7#a7 ,the covered manufacturer and the covered customer consent in writing to the stay4 7#b7 ,the covered manufacturer is a party to the action or to a separate action involving the same patent or patents related to the same covered product or process4 7#c7 ,the covered customer agrees to be bound by any issues that the covered customer has in common with the covered manufacturer and are finally decided as to the covered manufacturer in an action described in paragraph 7#b74 7#d7 ,the motion is filed after the first pleading in the action but not later than the later of-- 7,a7 the #abjth day after the date on which the first pleading in the action is served that specifically identifies the covered product or process as a basis for the covered customer's alleged infringement of the patent and that specifically identifies how the covered product or process is alleged to infringe the patent2 or 7,b7 the date on which the first scheduling order in the case is entered4 7b7 ,applicability of stay ,a stay issued under subsection 7a7 shall apply only to the patents1 products1 systems1 or components accused of infringement in the action4 7c7 ,lift of stay 7#a7 ,in general ,a stay entered under this section may be lifted upon grant of a motion based on a showing that-- 7,a7 the action involving the covered manufacturer will not resolve a major issue in suit against the covered customer2 or 7,b7 the stay unreasonably prejudices and would be manifestly unjust to the party seeking to lift the stay4 7#b7 ,separate manufacturer action involved ,in the case of a stay entered based on the participation of the covered manufacturer in a separate action involving the same patent or patents related to the same covered product or process1 a motion under this subsection may only be made if the court in such separate action determines the showing required under paragraph 7#a7 has been met4 7d7 ,exemption ,this section shall not apply to an action that includes a cause of action described under section #bga7;e77#b74 7e7 ,consent judgment ,if1 following the grant of a motion to stay under this section1 the covered manufacturer seeks or consents to entry of a consent judgment relating to one or more of the common issues that gave rise to the stay1 or declines to prosecute through appeal a final decision as to one or more of the common issues that gave rise to the stay1 the court may1 upon grant of a motion1 determine that such consent judgment or unappealed final decision shall not be binding on the covered customer with respect to one or more of such common issues based on a showing that such an outcome would unreasonably prejudice and be manifestly unjust to the covered customer in light of the circumstances of the case4 7f7 ,rule of construction ,nothing in this section shall be construed to limit the ability of a court to grant any stay1 expand any stay granted under this section1 or grant any motion to intervene1 if otherwise permitted by law4 7g7 ,definitions ,in this section3 7#a7 ,covered customer ,the term covered customer means a party accused of infringing a patent or patents in dispute based on a covered product or process4 7#b7 ,covered manufacturer ,the term covered manufacturer means a person that manufactures or supplies1 or causes the manufacture or supply of1 a covered product or process or a relevant part thereof4 7#c7 ,covered product or process ,the term covered product or process means a product1 process1 system1 service1 component1 material1 or apparatus1 or relevant part thereof1 that-- 7,a7 is alleged to infringe the patent or patents in dispute2 or 7,b7 implements a process alleged to infringe the patent or patents in dispute4 4 7b7 ,conforming amendment ,the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 is amended by striking the item relating to section #bif and inserting the following3 #bif4 ,stay of action against customer4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to any action for which a complaint is filed on or after the first day of the #cj-;day period that ends on that date4 #ccje4 ,procedures and practices to implement recommendations of the ,judicial ,conference 7a7 ,judicial ,conference rules and procedures on discovery burdens and costs 7#a7 ,rules and procedures ,the ,judicial ,conference of the ,united ,states1 using existing resources1 shall develop rules and procedures to implement the issues and proposals described in paragraph 7#b7 to address the asymmetries in discovery burdens and costs in any civil action arising under any ,act of ,congress relating to patents4 ,such rules and procedures shall include how and when payment for document discovery in addition to the discovery of core documentary evidence is to occur1 and what information must be presented to demonstrate financial capacity before permitting document discovery in addition to the discovery of core documentary evidence4 7#b7 ,rules and procedures to be considered ,the rules and procedures required under paragraph 7#a7 should address each of the following issues and proposals3 7,a7 ,discovery of core documentary evidence ,whether and to what extent each party to the action is entitled to receive core documentary evidence and shall be responsible for the costs of producing core documentary evidence within the possession or control of each such party1 and whether and to what extent each party to the action may seek nondocumentary discovery as otherwise provided in the ,federal ,rules of ,civil ,procedure4 7,b7 ,electronic communication ,if the parties determine that the discovery of electronic communication is appropriate1 whether such discovery shall occur after the parties have exchanged initial disclosures and core documentary evidence and whether such discovery shall be in accordance with the following3 7i7 ,any request for the production of electronic communication shall be specific and may not be a general request for the production of information relating to a product or business4 7ii7 ,each request shall identify the custodian of the information requested1 the search terms1 and a timeframe4 ,the parties shall cooperate to identify the proper custodians1 the proper search terms1 and the proper timeframe4 7iii7 ,a party may not submit production requests to more than #e custodians1 unless the parties jointly agree to modify the number of production requests without leave of the court4 7iv7 ,the court may consider contested requests for up to #e additional custodians per producing party1 upon a showing of a distinct need based on the size1 complexity1 and issues of the case4 7v7 ,if a party requests the discovery of electronic communication for additional custodians beyond the limits agreed to by the parties or granted by the court1 the requesting party shall bear all reasonable costs caused by such additional discovery4 7,c7 ,additional document discovery ,whether the following should apply3 7i7 ,in general ,each party to the action may seek any additional document discovery otherwise permitted under the ,federal ,rules of ,civil ,procedure1 if such party bears the reasonable costs1 including reasonable attorney's fees1 of the additional document discovery4 7ii7 ,requirements for additional document discovery ,unless the parties mutually agree otherwise1 no party may be permitted additional document discovery unless such a party posts a bond1 or provides other security1 in an amount sufficient to cover the expected costs of such additional document discovery1 or makes a showing to the court that such party has the financial capacity to pay the costs of such additional document discovery4 7iii7 ,limits on additional document discovery ,a court1 upon motion1 may determine that a request for additional document discovery is excessive1 irrelevant1 or otherwise abusive and may set limits on such additional document discovery4 7iv7 ,good cause modification ,a court1 upon motion and for good cause shown1 may modify the requirements of subparagraphs 7,a7 and 7,b7 and any definition under paragraph 7#c74 ,not later than #cj days after the pretrial conference under ,rule #af of the ,federal ,rules of ,civil ,procedure1 the parties shall jointly submit any proposed modifications of the requirements of subparagraphs 7,a7 and 7,b7 and any definition under paragraph 7#c71 unless the parties do not agree1 in which case each party shall submit any proposed modification of such party and a summary of the disagreement over the modification4 7v7 ,computer code ,a court1 upon motion and for good cause shown1 may determine that computer code should be included in the discovery of core documentary evidence4 ,the discovery of computer code shall occur after the parties have exchanged initial disclosures and other core documentary evidence4 7,d7 ,discovery sequence and scope ,whether the parties shall discuss and address in the written report filed pursuant to ,rule #bf7;f7 of the ,federal ,rules of ,civil ,procedure the views and proposals of each party on the following3 7i7 ,when the discovery of core documentary evidence should be completed4 7ii7 ,whether additional document discovery will be sought under subparagraph 7,c74 7iii7 ,any issues about infringement1 invalidity1 or damages that1 if resolved before the additional discovery described in subparagraph 7,c7 commences1 might simplify or streamline the case1 including the identification of any terms or phrases relating to any patent claim at issue to be construed by the court and whether the early construction of any of those terms or phrases would be helpful4 7#c7 ,definitions ,in this subsection3 7,a7 ,core documentary evidence ,the term core documentary evidence-- 7i7 includes-- 7,i7 documents relating to the conception of1 reduction to practice of1 and application for1 the patent or patents at issue2 7,,ii7 documents sufficient to show the technical operation of the product or process identified in the complaint as infringing the patent or patents at issue2 7,,iii7 documents relating to potentially invalidating prior art2 7,,iv7 documents relating to any licensing of1 or other transfer of rights to1 the patent or patents at issue before the date on which the complaint is filed2 7,v7 documents sufficient to show profit attributable to the claimed invention of the patent or patents at issue2 7,,vi7 documents relating to any knowledge by the accused infringer of the patent or patents at issue before the date on which the complaint is filed2 7,,vii7 documents relating to any knowledge by the patentee of infringement of the patent or patents at issue before the date on which the complaint is filed2 7,,viii7 documents relating to any licensing term or pricing commitment to which the patent or patents may be subject through any agency or standard-setting body2 and 7,,ix7 documents sufficient to show any marking or other notice provided of the patent or patents at issue2 and 7ii7 does not include computer code1 except as specified in paragraph 7#b77;,c77v74 7,b7 ,electronic communication ,the term electronic communication means any form of electronic communication1 including email1 text message1 or instant message4 7#d7 ,implementation by the ,district ,courts ,not later than #f months after the date on which the ,judicial ,conference has developed the rules and procedures required by this subsection1 each ,united ,states district court and the ,united ,states ,court of ,federal ,claims shall revise the applicable local rules for such court to implement such rules and procedures4 7#e7 ,authority for ,judicial ,conference to review and modify 7,a7 ,study of efficacy of rules and procedures ,the ,judicial ,conference shall study the efficacy of the rules and procedures required by this subsection during the #d-year period beginning on the date on which such rules and procedures by the district courts and the ,united ,states ,court of ,federal ,claims are first implemented4 ,the ,judicial ,conference may modify such rules and procedures following such #d-year period4 7,b7 ,initial modifications ,before the expiration of the #d-year period described in subparagraph 7,a71 the ,judicial ,conference may modify the requirements under this subsection-- 7i7 by designating categories of core documentary evidence1 in addition to those designated under paragraph 7#c77;,a71 as the ,judicial ,conference determines to be appropriate and necessary2 and 7ii7 as otherwise necessary to prevent a manifest injustice1 the imposition of a requirement the costs of which clearly outweigh its benefits1 or a result that could not reasonably have been intended by the ,congress4 7b7 ,judicial ,conference patent case management ,the ,judicial ,conference of the ,united ,states1 using existing resources1 shall develop case management procedures to be implemented by the ,united ,states district courts and the ,united ,states ,court of ,federal ,claims for any civil action arising under any ,act of ,congress relating to patents1 including initial disclosure and early case management conference practices that-- 7#a7 will identify any potential dispositive issues of the case2 and 7#b7 focus on early summary judgment motions when resolution of issues may lead to expedited disposition of the case4 7c7 ,revision of form for patent infringement 7#a7 ,elimination of form ,the ,supreme ,court1 using existing resources1 shall eliminate ,form #ah in the ,appendix to the ,federal ,rules of ,civil ,procedure 7relating to ,complaint for ,patent ,infringement71 effective on the date of the enactment of this ,act4 7#b7 ,revised form ,the ,supreme ,court may prescribe a new form or forms setting out model allegations of patent infringement that1 at a minimum1 notify accused infringers of the asserted claim or claims1 the products or services accused of infringement1 and the plaintiff's theory for how each accused product or service meets each limitation of each asserted claim4 ,the ,judicial ,conference should exercise the authority under section #bjgc of title #bh1 ,united ,states ,code1 to make recommendations with respect to such new form or forms4 7d7 ,protection of intellectual-,property licenses in bankruptcy 7#a7 ,in general ,section #aebb of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,section #cfe7n7 shall apply to cases under this chapter4 ,if the foreign representative rejects or repudiates a contract under which the debtor is a licensor of intellectual property1 the licensee under such contract shall be entitled to make the election and exercise the rights described in section #cfe7n74 4 7#b7 ,trademarks 7,a7 ,in general ,section #aja7ce;,a7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subparagraph 7,e71 by striking or2 7ii7 in subparagraph 7,f71 by striking title #ag2 and inserting title #ag2 or2 and 7iii7 by adding after subparagraph 7,f7 the following new subparagraph3 7,g7 a trademark1 service mark1 or trade name1 as those terms are defined in section #de of the ,act of ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #aabg72 4 7,b7 ,conforming amendment ,section #cfe7n77#b7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subparagraph 7,b7-- 7,i7 by striking royalty payments and inserting royalty or other payments2 and 7,,ii7 by striking and after the semicolon2 7ii7 in subparagraph 7,c71 by striking the period at the end of clause 7ii7 and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,d7 in the case of a trademark1 service mark1 or trade name1 the trustee shall not be relieved of a contractual obligation to monitor and control the quality of a licensed product or service4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of the enactment of this ,act and shall apply to any case that is pending on1 or for which a petition or complaint is filed on or after1 such date of enactment4 #ccjf4 ,small business education1 outreach1 and information access 7a7 ,small business education and outreach 7#a7 ,resources for small business ,using existing resources1 the ,director shall develop educational resources for small businesses to address concerns arising from patent infringement4 7#b7 ,small ,business ,patent outreach ,the existing small business patent outreach programs of the ,office1 and the relevant offices at the ,small ,business ,administration and the ,minority ,business ,development ,agency1 shall provide education and awareness on abusive patent litigation practices4 ,the ,director may give special consideration to the unique needs of small firms owned by disabled veterans1 service-disabled veterans1 women1 and minority entrepreneurs in planning and executing the outreach efforts by the ,office4 7b7 ,improving ,information ,transparency for ,small ,business and the ,united ,states ,patent and ,trademark ,office users 7#a7 ,web site ,using existing resources1 the ,director shall create a user-friendly section on the official ,web site of the ,office to notify the public when a patent case is brought in ,federal court and1 with respect to each patent at issue in such case1 the ,director shall include-- 7,a7 information disclosed under subsections 7b7 and 7d7 of section #bij of title #ce1 ,united ,states ,code1 as added by section #ccjc of this subtitle2 and 7,b7 any other information the ,director determines to be relevant4 7#b7 ,format ,in order to promote accessibility for the public1 the information described in paragraph 7#a7 shall be searchable by patent number1 patent art area1 and entity4 #ccjg4 ,studies on patent transactions1 quality1 and examination 7a7 ,study on ,secondary ,market ,oversight for ,patent ,transactions ,to ,promote ,transparency and ,ethical ,business ,practices 7#a7 ,study required ,the ,director1 in consultation with the ,secretary of ,commerce1 the ,secretary of the ,treasury1 the ,chairman of the ,securities and ,exchange ,commission1 the heads of other relevant agencies1 and interested parties1 shall1 using existing resources of the ,office1 conduct a study-- 7,a7 to develop legislative recommendations to ensure greater transparency and accountability in patent transactions occurring on the secondary market2 7,b7 to examine the economic impact that the patent secondary market has on the ,united ,states2 7,c7 to examine licensing and other oversight requirements that may be placed on the patent secondary market1 including on the participants in such markets1 to ensure that the market is a level playing field and that brokers in the market have the requisite expertise and adhere to ethical business practices2 and 7,d7 to examine the requirements placed on other markets4 7#b7 ,report on study ,not later than #ah months after the date of the enactment of this ,act1 the ,director shall submit a report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate on the findings and recommendations of the ,director from the study required under paragraph 7#a74 7b7 ,study on patents owned by the ,united ,states ,government 7#a7 ,study required ,the ,director1 in consultation with the heads of relevant agencies and interested parties1 shall1 using existing resources of the ,office1 conduct a study on patents owned by the ,united ,states ,government that-- 7,a7 examines how such patents are licensed and sold1 and any litigation relating to the licensing or sale of such patents2 7,b7 provides legislative and administrative recommendations on whether there should be restrictions placed on patents acquired from the ,united ,states ,government2 7,c7 examines whether or not each relevant agency maintains adequate records on the patents owned by such agency1 specifically whether such agency addresses licensing1 assignment1 and ,government grants for technology related to such patents2 and 7,d7 provides recommendations to ensure that each relevant agency has an adequate point of contact that is responsible for managing the patent portfolio of the agency4 7#b7 ,report on study ,not later than #a year after the date of the enactment of this ,act1 the ,director shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the findings and recommendations of the ,director from the study required under paragraph 7#a74 7c7 ,study on ,patent ,quality and ,access to the ,best ,information during ,examination 7#a7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall1 using existing resources1 conduct a study on patent examination at the ,office and the technologies available to improve examination and improve patent quality4 7#b7 ,contents of the study ,the study required under paragraph 7#a7 shall include the following3 7,a7 ,an examination of patent quality at the ,office4 7,b7 ,an examination of ways to improve patent quality1 specifically through technology1 that shall include examining best practices at foreign patent offices and the use of existing off-the-shelf technologies to improve patent examination4 7,c7 ,a description of how patents are classified4 7,d7 ,an examination of procedures in place to prevent double patenting through filing by applicants in multiple art areas4 7,e7 ,an examination of the types of off-the-shelf prior art databases and search software used by foreign patent offices and governments1 particularly in ,europe and ,asia1 and whether those databases and search tools could be used by the ,office to improve patent examination4 7,f7 ,an examination of any other areas the ,comptroller ,general determines to be relevant4 7#c7 ,report on study ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the findings and recommendations from the study required by this subsection1 including recommendations for any changes to laws and regulations that will improve the examination of patent applications and patent quality4 7d7 ,study on ,patent ,small ,claims ,court 7#a7 ,study ,required 7,a7 ,in general ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,federal ,judicial ,center and the ,united ,states ,patent and ,trademark ,office1 shall1 using existing resources1 conduct a study to examine the idea of developing a pilot program for patent small claims procedures in certain judicial districts within the existing patent pilot program mandated by ,public ,law #aaa-cdi4 7,b7 ,contents of study ,the study under subparagraph 7,a7 shall examine-- 7i7 the necessary criteria for using small claims procedures2 7ii7 the costs that would be incurred for establishing1 maintaining1 and operating such a pilot program2 and 7iii7 the steps that would be taken to ensure that the procedures used in the pilot program are not misused for abusive patent litigation4 7#b7 ,report on study ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall submit a report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate on the findings and recommendations of the ,director of the ,administrative ,office from the study required under paragraph 7#a74 7e7 ,study on demand letters 7#a7 ,study ,the ,director1 in consultation with the heads of other appropriate agencies1 shall1 using existing resources1 conduct a study of the prevalence of the practice of sending patent demand letters in bad faith and the extent to which that practice may1 through fraudulent or deceptive practices1 impose a negative impact on the marketplace4 7#b7 ,report to congress ,not later than #a year after the date of the enactment of this ,act1 the ,director shall submit a report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate on the findings and recommendations of the ,director from the study required under paragraph 7#a74 7#c7 ,patent demand letter defined ,in this subsection1 the term patent demand letter means a written communication relating to a patent that states or indicates1 directly or indirectly1 that the recipient or anyone affiliated with the recipient is or may be infringing the patent4 7f7 ,study on business method patent quality 7#a7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall1 using existing resources1 conduct a study on the volume and nature of litigation involving business method patents4 7#b7 ,contents of study ,the study required under paragraph 7#a7 shall focus on examining the quality of business method patents asserted in suits alleging patent infringement1 and may include an examination of any other areas that the ,comptroller ,general determines to be relevant4 7#c7 ,report to congress ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the findings and recommendations from the study required by this subsection1 including recommendations for any changes to laws or regulations that the ,comptroller ,general considers appropriate on the basis of the study4 7g7 ,study on impact of legislation on ability of individuals and small businesses ,to protect exclusive rights to inventions and discoveries 7#a7 ,study required ,the ,director1 in consultation with the ,secretary of ,commerce1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 the ,director of the ,federal ,judicial ,center1 the heads of other relevant agencies1 and interested parties1 shall1 using existing resources of the ,office1 conduct a study to examine the economic impact of sections #c1 #d1 and #e of this ,act1 and any amendments made by such sections1 on the ability of individuals and small businesses owned by women1 veterans1 and minorities to assert1 secure1 and vindicate the constitutionally guaranteed exclusive right to inventions and discoveries by such individuals and small business4 7#b7 ,report on study ,not later than #b years after the date of the enactment of this ,act1 the ,director shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the findings and recommendations of the ,director from the study required under paragraph 7#a74 #ccjh4 ,improvements and technical corrections to the ,leahy-,smith ,america ,invents ,act 7a7 ,post-,grant review amendment ,section #cbe7;e77#b7 of title #ce1 ,united ,states ,code is amended by striking or reasonably could have raised4 7b7 ,use of district court claim construction in post-,grant and inter partes reviews 7#a7 ,inter partes review ,section #caf7;a7 of title #ce1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#ab71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#ad7 providing that for all purposes under this chapter-- 7,a7 each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section #bhb7;b71 including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent2 and 7,b7 if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party1 the ,office shall consider such claim construction4 4 7#b7 ,post-grant review ,section #cbf7;a7 of title #ce1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#ac7 providing that for all purposes under this chapter-- 7,a7 each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section #bhb7;b71 including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent2 and 7,b7 if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party1 the ,office shall consider such claim construction4 4 7#c7 ,technical and conforming amendment ,section #ah7;a77#a77;,a7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi2 #abf ,stat4 #cbi2 #ce ,u4,s4,c4 #cba note7 is amended by striking ,section #cba7;c7 and inserting ,sections #cba7;c7 and #cbf7;a77#ac74 7#d7 ,effective date ,the amendments made by this subsection shall take effect upon the expiration of the #ij-;day period beginning on the date of the enactment of this ,act1 and shall apply to any proceeding under chapter #ca or #cb of title #ce1 ,united ,states ,code1 as the case may be1 for which the petition for review is filed on or after such effective date4 7c7 ,codification of the double-,patenting doctrine for first-,inventor-,to-,file patents 7#a7 ,amendment ,chapter #aj of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ajf4 ,prior art in cases of double patenting ,a claimed invention of a patent issued under section #aea 7referred to as the first patent7 that is not prior art to a claimed invention of another patent 7referred to as the second patent7 shall be considered prior art to the claimed invention of the second patent for the purpose of determining the nonobviousness of the claimed invention of the second patent under section #ajc if-- 7#a7 the claimed invention of the first patent was effectively filed under section #ajb7;d7 on or before the effective filing date of the claimed invention of the second patent2 7#b7 either-- 7,a7 the first patent and second patent name the same individual or individuals as the inventor2 or 7,b7 the claimed invention of the first patent would constitute prior art to the claimed invention of the second patent under section #ajb7;a77#b7 if an exception under section #ajb7;b77#b7 were deemed to be inapplicable and the claimed invention of the first patent was1 or were deemed to be1 effectively filed under section #ajb7;d7 before the effective filing date of the claimed invention of the second patent2 and 7#c7 the patentee of the second patent has not disclaimed the rights to enforce the second patent independently from1 and beyond the statutory term of1 the first patent4 4 7#b7 ,regulations ,the ,director shall promulgate regulations setting forth the form and content of any disclaimer required for a patent to be issued in compliance with section #ajf of title #ce1 ,united ,states ,code1 as added by paragraph 7#a74 ,such regulations shall apply to any disclaimer filed after a patent has issued4 ,a disclaimer1 when filed1 shall be considered for the purpose of determining the validity of the patent under section #ajf of title #ce1 ,united ,states ,code4 7#c7 ,conforming amendment ,the table of sections for chapter #aj of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ajf4 ,prior art in cases of double patenting4 4 7#d7 ,exclusive rule ,a patent subject to section #ajf of title #ce1 ,united ,states ,code1 as added by paragraph 7#a71 shall not be held invalid on any nonstatutory1 double-patenting ground based on a patent described in section #c7n77#a7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #ajj note74 7#e7 ,effective date ,the amendments made by this subsection shall take effect upon the expiration of the #a-year period beginning on the date of the enactment of this ,act and shall apply to a patent or patent application only if both the first and second patents described in section #ajf of title #ce1 ,united ,states ,code1 as added by paragraph 7#a71 are patents or patent applications that are described in section #c7n77#a7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #ajj note74 7d7 ,,pto patent reviews 7#a7 ,clarification 7,a7 ,scope of prior art ,section #ah7;a77#a77;,c77i7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #cba note7 is amended by striking section #ajb7;a7 and inserting subsection 7a7 or 7e7 of section #ajb4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date of the enactment of this ,act and shall apply to any proceeding pending on1 or filed on or after1 such date of enactment4 7#b7 ,authority to waive fee ,subject to available resources1 the ,director may waive payment of a filing fee for a transitional proceeding described under section #ah7;a7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #cba note74 7e7 ,clarification of limits on patent term adjustment 7#a7 ,amendments ,section #aed7;b77#a77;,b7 of title #ce1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding clause 7i71 by striking not including-- and inserting the term of the patent shall be extended #a day for each day after the end of that #c-year period until the patent is issued1 not including--2 7,b7 in clause 7i71 by striking consumed by continued examination of the application requested by the applicant and inserting consumed after continued examination of the application is requested by the applicant2 7,c7 in clause 7iii71 by striking the comma at the end and inserting a period2 and 7,d7 by striking the matter following clause 7iii74 7#b7 ,effective date ,the amendments made by this subsection shall take effect on the date of the enactment of this ,act and apply to any patent application that is pending on1 or filed on or after1 such date of enactment4 7f7 ,clarification of jurisdiction 7#a7 ,in general ,the ,federal interest in preventing inconsistent final judicial determinations as to the legal force or effect of the claims in a patent presents a substantial ,federal issue that is important to the ,federal system as a whole4 7#b7 ,applicability ,paragraph 7#a7-- 7,a7 shall apply to all cases filed on or after1 or pending on1 the date of the enactment of this ,act2 and 7,b7 shall not apply to a case in which a ,federal court has issued a ruling on whether the case or a claim arises under any ,act of ,congress relating to patents or plant variety protection before the date of the enactment of this ,act4 7g7 ,patent ,pilot ,program in ,certain ,district ,courts ,duration 7#a7 ,duration ,section #a7;c7 of ,public ,law #aaa-cdi 7#abd ,stat4 #cfgd2 #bh ,u4,s4,c4 #acg note7 is amended to read as follows3 7c7 ,duration ,the program established under subsection 7a7 shall be maintained using existing resources1 and shall terminate #bj years after the end of the #f-month period described in subsection 7b74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act4 7h7 ,technical corrections 7#a7 ,novelty 7,a7 ,amendment ,section #ajb7;b77#a77;,a7 of title #ce1 ,united ,states ,code1 is amended by striking the inventor or joint inventor or by another and inserting the inventor or a joint inventor or another4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall be effective as if included in the amendment made by section #c7;b77#a7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi74 7#b7 ,inventor's oath or declaration 7,a7 ,amendment ,the second sentence of section #aae7;a7 of title #ce1 ,united ,states ,code1 is amended by striking shall execute and inserting may be required to execute4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall be effective as if included in the amendment made by section #d7;a77#a7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi74 7#c7 ,assignee filers 7,a7 ,benefit of earlier filing date2 right of priority ,section #aai7;e77#a7 of title #ce1 ,united ,states ,code1 is amended1 in the first sentence1 by striking by an inventor or inventors named and inserting that names the inventor or a joint inventor4 7,b7 ,benefit of earlier filing date in the ,united ,states ,section #abj of title #ce1 ,united ,states ,code1 is amended1 in the first sentence1 by striking names an inventor or joint inventor and inserting names the inventor or a joint inventor4 7,c7 ,effective date ,the amendments made by this paragraph shall take effect on the date of the enactment of this ,act and shall apply to any patent application1 and any patent issuing from such application1 that is filed on or after ,september #af1 #bjab4 7#d7 ,derived patents 7,a7 ,amendment ,section #bia7;b7 of title #ce1 ,united ,states ,code1 is amended by striking or joint inventor and inserting or a joint inventor4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall be effective as if included in the amendment made by section #c7;h77#a7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi74 7#e7 ,specification ,notwithstanding section #d7;e7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi2 #abe ,stat4 #big71 the amendments made by subsections 7c7 and 7d7 of section #d of such ,act shall apply to any proceeding or matter that is pending on1 or filed on or after1 the date of the enactment of this ,act4 7#f7 ,time limit for commencing misconduct proceedings 7,a7 ,amendment ,the fourth sentence of section #cb of title #ce1 ,united ,states ,code1 is amended by striking #a year and inserting #ah months4 7,b7 ,effective date ,the amendment made by this paragraph shall take effect on the date of the enactment of this ,act and shall apply to any action in which the ,office files a complaint on or after such date of enactment4 7#g7 ,patent owner response 7,a7 ,conduct of inter partes review ,paragraph 7#h7 of section #caf7;a7 of title #ce1 ,united ,states ,code1 is amended by striking the petition under section #cac and inserting the petition under section #caa4 7,b7 ,conduct of post-grant review ,paragraph 7#h7 of section #cbf7;a7 of title #ce1 ,united ,states ,code1 is amended by striking the petition under section #cbc and inserting the petition under section #cba4 7,c7 ,effective date ,the amendments made by this paragraph shall take effect on the date of the enactment of this ,act4 7#h7 ,international applications 7,a7 ,amendments ,section #bjb7;b7 of the ,patent ,law ,treaties ,implementation ,act of #bjab 7,public ,law #aab-baa2 #abf ,stat4 #aecf7 is amended-- 7i7 by striking paragraph 7#g72 and 7ii7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#g7 and 7#h71 respectively4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall be effective as if included in title ,,ii of the ,patent ,law ,treaties ,implementation ,act of #bjab 7,public ,law #aab-ba74 #ccji4 ,effective date ,except as otherwise provided in this subtitle1 the provisions of this subtitle shall take effect on the date of the enactment of this ,act1 and shall apply to any patent issued1 or any action filed1 on or after that date4 ,d ,resolving ,environmental and ,grid ,reliability ,conflicts #cdja4 ,amendments to the ,federal ,power ,act 7a7 ,compliance with or violation of environmental laws while under emergency order ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,with respect to an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation1 the ,commission shall ensure that such order requires generation1 delivery1 interchange1 or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest1 and1 to the maximum extent practicable1 is consistent with any applicable ,federal1 ,state1 or local environmental law or regulation and minimizes any adverse environmental impacts4 7#c7 ,to the extent any omission or action taken by a party1 that is necessary to comply with an order issued under this subsection1 including any omission or action taken to voluntarily comply with such order1 results in noncompliance with1 or causes such party to not comply with1 any ,federal1 ,state1 or local environmental law or regulation1 such omission or action shall not be considered a violation of such environmental law or regulation1 or subject such party to any requirement1 civil or criminal liability1 or a citizen suit under such environmental law or regulation4 7#d7 7,a7 ,an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation shall expire not later than #ij days after it is issued4 ,the ,commission may renew or reissue such order pursuant to paragraphs 7#a7 and 7#b7 for subsequent periods1 not to exceed #ij days for each period1 as the ,commission determines necessary to meet the emergency and serve the public interest4 7,b7 ,in renewing or reissuing an order under subparagraph 7,a71 the ,commission shall consult with the primary ,federal agency with expertise in the environmental interest protected by such law or regulation1 and shall include in any such renewed or reissued order such conditions as such ,federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable4 ,the conditions1 if any1 submitted by such ,federal agency shall be made available to the public4 ,the ,commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order1 or otherwise makes publicly available1 an explanation of such determination4 4 7b7 ,temporary connection or construction by municipalities ,section #bjb7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7d77 is amended by inserting or municipality before engaged in the transmission or sale of electric energy4 ,,iv ,preserving ,access to ,abundant and ,affordable ,sources of ,energy ,a ,northern ,route ,approval #daja4 ,findings ,the ,congress finds the following3 7#a7 ,to maintain our ,nation's competitive edge and ensure an economy built to last1 the ,united ,states must have fast1 reliable1 resilient1 and environmentally sound means of moving energy4 ,in a global economy1 we will compete for the world's investments based in significant part on the quality of our infrastructure4 ,investing in the ,nation's infrastructure provides immediate and long-term economic benefits for local communities and the ,nation as a whole4 7#b7 ,the delivery of oil from ,canada1 a close ally not only in proximity but in shared values and ideals1 to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources4 7#c7 ,the ,keystone ,,xl pipeline would provide both short-term and long-term employment opportunities and related labor income benefits1 such as government revenues associated with taxes4 7#d7 ,the ,state of ,nebraska has thoroughly reviewed and approved the proposed ,keystone ,,xl pipeline reroute1 concluding that the concerns of ,nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts4 7#e7 ,the ,department of ,state and other ,federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental1 social1 and economic impacts of the proposed ,keystone ,,xl pipeline1 and-- 7,a7 the ,department of ,state assessments found that the ,keystone ,,xl pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands2 7,b7 the ,department of ,state found that incremental life-cycle greenhouse gas emissions associated with the ,keystone ,,xl project are estimated in the range of #j4jg to #j4hc million metric tons of carbon dioxide equivalents1 with the upper end of this range representing twelve one-thousandths of one percent of the #f1gjb million metric tons of carbon dioxide emitted in the ,united ,states in #bjaa2 and 7,c7 after extensive evaluation of potential impacts to land and water resources along the ,keystone ,,xl pipeline's #hge mile proposed route1 the ,department of ,state found that ,the analyses of potential impacts associated with construction and normal operation of the proposed ,project suggest that there would be no significant impacts to most resources along the proposed ,project route 7assuming ,keystone complies with all laws and required conditions and measures744 7#f7 ,the transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so1 and-- 7,a7 transportation of oil via pipeline has a record of unmatched safety and environmental protection1 and the ,department of ,state found that ,spills associated with the proposed ,project that enter the environment expected to be rare and relatively small1 and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the ,keystone ,,xl pipeline2 and 7,b7 plans to incorporate #eg project-specific special conditions related to the design1 construction1 and operations of the ,keystone ,,xl pipeline led the ,department of ,state to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline4 7#g7 ,the ,keystone ,,xl is in much the same position today as the ,alaska ,pipeline in #aigc prior to congressional action4 ,once again1 the ,federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources4 #dajb4 ,keystone ,,xl permit approval ,notwithstanding ,executive ,order ,no4 #acccg 7#c ,u4,s4,c4 #cja note71 ,executive ,order ,no4 #aadbc 7#c ,u4,s4,c4 #cja note71 section #cja of title #c1 ,united ,states ,code1 and any other ,executive order or provision of law1 no ,presidential permit shall be required for the pipeline described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,keystone ,pipeline1 ,l4,p4 to the ,department of ,state for the ,keystone ,,xl pipeline1 as supplemented to include the ,nebraska reroute evaluated in the ,final ,evaluation ,report issued by the ,nebraska ,department of ,environmental ,quality in ,january #bjac and approved by the ,nebraska governor4 ,the final environmental impact statement issued by the ,secretary of ,state on ,august #bf1 #bjaa1 coupled with the ,final ,evaluation ,report described in the previous sentence1 shall be considered to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 #dajc4 ,judicial review 7a7 ,exclusive jurisdiction ,except for review by the ,supreme ,court on writ of certiorari1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction to determine-- 7#a7 the validity of any final order or action 7including a failure to act7 of any ,federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the ,keystone ,,xl pipeline1 including any final order or action deemed to be taken1 made1 granted1 or issued2 7#b7 the constitutionality of any provision of this subtitle1 or any decision or action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this subtitle2 or 7#c7 the adequacy of any environmental impact statement prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 or of any analysis under any other ,act1 with respect to any action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this subtitle4 7b7 ,deadline for filing claim ,a claim arising under this subtitle may be brought not later than #fj days after the date of the decision or action giving rise to the claim4 7c7 ,expedited consideration ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall set any action brought under subsection 7a7 for expedited consideration1 taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in ,canada that are needed to meet the demand for oil4 #dajd4 ,american burying beetle 7a7 ,findings ,the ,congress finds that-- 7#a7 environmental reviews performed for the ,keystone ,,xl pipeline project satisfy the requirements of section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 in its entirety2 and 7#b7 for purposes of that ,act1 the ,keystone ,,xl pipeline project will not jeopardize the continued existence of the ,american burying beetle or destroy or adversely modify ,american burying beetle critical habitat4 7b7 ,biological opinion ,the ,secretary of the ,interior is deemed to have issued a written statement setting forth the ,secretary's opinion containing such findings under section #g7;b77#a77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77;,a77 and any taking of the ,american burying beetle that is incidental to the construction or operation and maintenance of the ,keystone ,,xl pipeline as it may be ultimately defined in its entirety1 shall not be considered a prohibited taking of such species under such ,act4 #daje4 ,right-of-way and temporary use permit ,the ,secretary of the ,interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 as set forth in the application tendered to the ,bureau of ,land ,management for the ,keystone ,,xl pipeline4 #dajf4 ,permits for activities in navigable waters 7a7 ,issuance of permits ,the ,secretary of the ,army1 not later than #ij days after receipt of an application therefor1 shall issue all permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 and section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc2 commonly known as the ,rivers and ,harbors ,appropriations ,act of #ahii71 necessary for the construction1 operation1 and maintenance of the pipeline described in the ,may #d1 #bjab1 application referred to in section #dajc1 as supplemented by the ,nebraska reroute4 ,the application shall be based on the administrative record for the pipeline as of the date of enactment of this ,act1 which shall be considered complete4 7b7 ,waiver of procedural requirements ,the ,secretary may waive any procedural requirement of law or regulation that the ,secretary considers desirable to waive in order to accomplish the purposes of this section4 7c7 ,issuance in absence of action by the ,secretary ,if the ,secretary has not issued a permit described in subsection 7a7 on or before the last day of the #ij-;day period referred to in subsection 7a71 the permit shall be deemed issued under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 as appropriate1 on the day following such last day4 7d7 ,limitation ,the ,administrator of the ,environmental ,protection ,agency may not prohibit or restrict an activity or use of an area that is authorized under this section4 #dajg4 ,migratory ,bird ,treaty ,act permit ,the ,secretary of the ,interior is deemed to have issued a special purpose permit under the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 as described in the application filed with the ,united ,states ,fish and ,wildlife ,service for the ,keystone ,,xl pipeline on ,january #aa1 #bjac4 #dajh4 ,oil spill response plan disclosure 7a7 ,in general ,any pipeline owner or operator required under ,federal law to develop an oil spill response plan for the ,keystone ,,xl pipeline shall make such plan available to the ,governor of each ,state in which such pipeline operates to assist with emergency response preparedness4 7b7 ,updates ,a pipeline owner or operator required to make available to a ,governor a plan under subsection 7a7 shall make available to such ,governor any update of such plan not later than #g days after the date on which such update is made4 ,b ,natural ,gas ,pipeline ,permitting ,reform #dbja4 ,regulatory approval of natural gas pipeline projects ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is amended by adding at the end the following new subsection3 7i7 7#a7 ,the ,commission shall approve or deny an application for a certificate of public convenience and necessity for a prefiled project not later than #ab months after receiving a complete application that is ready to be processed1 as defined by the ,commission by regulation4 7#b7 ,the agency responsible for issuing any license1 permit1 or approval required under ,federal law in connection with a prefiled project for which a certificate of public convenience and necessity is sought under this ,act shall approve or deny the issuance of the license1 permit1 or approval not later than #ij days after the ,commission issues its final environmental document relating to the project4 7#c7 ,the ,commission may extend the time period under paragraph 7#b7 by #cj days if an agency demonstrates that it cannot otherwise complete the process required to approve or deny the license1 permit1 or approval1 and therefor will be compelled to deny the license1 permit1 or approval4 ,in granting an extension under this paragraph1 the ,commission may offer technical assistance to the agency as necessary to address conditions preventing the completion of the review of the application for the license1 permit1 or approval4 7#d7 ,if an agency described in paragraph 7#b7 does not approve or deny the issuance of the license1 permit1 or approval within the time period specified under paragraph 7#b7 or 7#c71 as applicable1 such license1 permit1 or approval shall take effect upon the expiration of #cj days after the end of such period4 ,the ,commission shall incorporate into the terms of such license1 permit1 or approval any conditions proffered by the agency described in paragraph 7#b7 that the ,commission does not find are inconsistent with the final environmental document4 7#e7 ,for purposes of this subsection1 the term prefiled project means a project for the siting1 construction1 expansion1 or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by the ,commission pursuant to a prefiling process established by the ,commission for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity4 4 ,c ,north ,american ,energy ,infrastructure #dcja4 ,finding ,congress finds that the ,united ,states should establish a more uniform1 transparent1 and modern process for the construction1 connection1 operation1 and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from ,canada and ,mexico1 in pursuit of a more secure and efficient ,north ,american energy market4 #dcjb4 ,authorization of certain energy infrastructure projects at the national boundary of the ,united ,states 7a7 ,authorization ,except as provided in subsection 7c7 and section #dcjf1 no person may construct1 connect1 operate1 or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from ,canada or ,mexico without obtaining a certificate of crossing for the construction1 connection1 operation1 or maintenance of the cross-border segment under this section4 7b7 ,certificate of crossing 7#a7 ,requirement ,not later than #abj days after final action is taken under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a cross-border segment for which a request is received under this section1 the relevant official identified under paragraph 7#b71 in consultation with appropriate ,federal agencies1 shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction1 connection1 operation1 or maintenance of the cross-border segment is not in the public interest of the ,united ,states4 7#b7 ,relevant official ,the relevant official referred to in paragraph 7#a7 is-- 7,a7 the ,secretary of ,state with respect to oil pipelines2 and 7,b7 the ,secretary of ,energy with respect to electric transmission facilities4 7#c7 ,additional requirement for electric transmission facilities ,in the case of a request for a certificate of crossing for the construction1 connection1 operation1 or maintenance of a cross-border segment of an electric transmission facility1 the ,secretary of ,energy shall require1 as a condition of issuing the certificate of crossing for the request under paragraph 7#a71 that the cross-border segment of the electric transmission facility be constructed1 connected1 operated1 or maintained consistent with all applicable policies and standards of-- 7,a7 the ,electric ,reliability ,organization and the applicable regional entity2 and 7,b7 any ,regional ,transmission ,organization or ,independent ,system ,operator with operational or functional control over the cross-border segment of the electric transmission facility4 7c7 ,exclusions ,this section shall not apply to any construction1 connection1 operation1 or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from ,canada or ,mexico-- 7#a7 if the cross-border segment is operating for such import1 export1 or transmission as of the date of enactment of this ,act2 7#b7 if a permit described in section #dcje for such construction1 connection1 operation1 or maintenance has been issued2 7#c7 if a certificate of crossing for such construction1 connection1 operation1 or maintenance has previously been issued under this section2 or 7#d7 if an application for a permit described in section #dcje for such construction1 connection1 operation1 or maintenance is pending on the date of enactment of this ,act1 until the earlier of-- 7,a7 the date on which such application is denied2 or 7,b7 ,july #a1 #bjaf4 7d7 ,effect of other laws 7#a7 ,application to projects ,nothing in this section or section #dcjf shall affect the application of any other ,federal statute to a project for which a certificate of crossing for the construction1 connection1 operation1 or maintenance of a cross-border segment is sought under this section4 7#b7 ,natural ,gas ,act ,nothing in this section or section #dcjf shall affect the requirement to obtain approval or authorization under sections #c and #g of the ,natural ,gas ,act for the siting1 construction1 or operation of any facility to import or export natural gas4 7#c7 ,energy ,policy and ,conservation ,act ,nothing in this section or section #dcjf shall affect the authority of the ,president under section #ajc7;a7 of the ,energy ,policy and ,conservation ,act4 #dcjc4 ,importation or exportation of natural gas to ,canada and ,mexico ,section #c7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7c77 is amended by adding at the end the following3 ,no order is required under subsection 7a7 to authorize the export or import of any natural gas to or from ,canada or ,mexico44 #dcjd4 ,transmission of electric energy to ,canada and ,mexico 7a7 ,repeal of requirement ,to secure order ,section #bjb7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7e77 is repealed4 7b7 ,conforming amendments 7#a7 ,state regulations ,section #bjb7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7f77 is amended by striking insofar as such ,state regulation does not conflict with the exercise of the ,commission's powers under or relating to subsection #bjb7;e74 7#b7 ,seasonal diversity electricity exchange ,section #fjb7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #hbd;a-#d7;b77 is amended by striking the ,commission has conducted hearings and made the findings required under section #bjb7;e7 of the ,federal ,power ,act and all that follows through the period at the end and inserting the ,secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the ,united ,states or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the ,secretary44 #dcje4 ,no ,presidential permit required ,no ,presidential permit 7or similar permit7 required under ,executive ,order ,no4 #acccg 7#c ,u4,s4,c4 #cja note71 ,executive ,order ,no4 #aadbc 7#c ,u4,s4,c4 #cja note71 section #cja of title #c1 ,united ,states ,code1 ,executive ,order ,no4 #abjch1 ,executive ,order ,no4 #ajdhe1 or any other ,executive order shall be necessary for the construction1 connection1 operation1 or maintenance of an oil or natural gas pipeline or electric transmission facility1 or any cross-border segment thereof4 #dcjf4 ,modifications to existing projects ,no certificate of crossing under section #dcjb1 or permit described in section #dcje1 shall be required for a modification to the construction1 connection1 operation1 or maintenance of an oil or natural gas pipeline or electric transmission facility-- 7#a7 that is operating for the import or export of oil or natural gas or the transmission of electricity to or from ,canada or ,mexico as of the date of enactment of the ,act2 7#b7 for which a permit described in section #dcje for such construction1 connection1 operation1 or maintenance has been issued2 or 7#c7 for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued under section #dcjb4 #dcjg4 ,effective date2 rulemaking deadlines 7a7 ,effective date ,sections #dcjb through #dcjf1 and the amendments made by such sections1 shall take effect on ,july #a1 #bjae4 7b7 ,rulemaking deadlines ,each relevant official described in section #dcjb7;b77#b7 shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 publish in the ,federal ,register notice of a proposed rulemaking to carry out the applicable requirements of section #dcjb2 and 7#b7 not later than #a year after the date of enactment of this ,act1 publish in the ,federal ,register a final rule to carry out the applicable requirements of section #dcjb4 #dcjh4 ,definitions ,in this subtitle-- 7#a7 the term cross-border segment means the portion of an oil or natural gas pipeline or electric transmission facility that is located at the national boundary of the ,united ,states with either ,canada or ,mexico2 7#b7 the term modification includes a reversal of flow direction1 change in ownership1 volume expansion1 downstream or upstream interconnection1 or adjustment to maintain flow 7such as a reduction or increase in the number of pump or compressor stations72 7#c7 the term natural gas has the meaning given that term in section #b of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;a72 7#d7 the term oil means petroleum or a petroleum product2 7#e7 the terms ,electric ,reliability ,organization and regional entity have the meanings given those terms in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo72 and 7#f7 the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 ,d ,protecting ,states' ,rights ,to ,promote ,american ,energy ,security ,act #a ,state ,authority for ,hydraulic ,fracturing ,regulation #ddaa4 ,state authority for hydraulic fracturing regulation ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by redesignating section #dd as section #de1 and by inserting after section #dc the following3 #dd4 ,state authority for hydraulic fracturing regulation 7a7 ,in general ,the ,department of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding hydraulic fracturing1 or any component of that process1 relating to oil1 gas1 or geothermal production activities on or under any land in any ,state that has regulations1 guidance1 or permit requirements for that activity4 7b7 ,state authority ,the ,department of the ,interior shall recognize and defer to ,state regulations1 permitting1 and guidance1 for all activities related to hydraulic fracturing1 or any component of that process1 relating to oil1 gas1 or geothermal production activities on ,federal land4 7c7 ,transparency of ,state regulations 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of its regulations that apply to hydraulic fracturing operations on ,federal land4 7#b7 ,availability ,the ,secretary of the ,interior shall make available to the public ,state regulations submitted under this subsection4 7d7 ,transparency of ,state disclosure requirements 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of any regulations of the ,state that require disclosure of chemicals used in hydraulic fracturing operations on ,federal land4 7#b7 ,availability ,the ,secretary of the ,interior shall make available to the public ,state regulations submitted under this subsection4 7e7 ,hydraulic fracturing defined ,in this section the term hydraulic fracturing means the process by which fracturing fluids 7or a fracturing fluid system7 are pumped into an underground geologic formation at a calculated1 predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil4 4 #ddab4 ,government ,accountability ,office study 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing4 ,this study will include identification of-- 7#a7 ,state and ,federal revenue generated as a result of shale gas production2 7#b7 jobs created both directly and indirectly as a result of shale oil and gas production2 and 7#c7 an estimate of potential energy prices without domestic shale oil and gas production4 7b7 ,report ,the ,comptroller ,general shall submit a report on the findings of such study to the ,committee on ,natural ,resources of the ,house of ,representatives within #cj days after completion of the study4 #ddac4 ,tribal authority on trust land ,the ,department of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding the process of hydraulic fracturing 7as that term is defined in section #dd of the ,mineral ,leasing ,act1 as amended by section #ddaa of this ,act71 or any component of that process1 relating to oil1 gas1 or geothermal production activities on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 #b ,,epa ,hydraulic ,fracturing ,research #ddba4 ,,epa hydraulic fracturing research ,in conducting its study of the potential impacts of hydraulic fracturing on drinking water resources1 with respect to which a request for information was issued under ,federal ,register ,vol4 #gg1 ,no4 #bah1 the ,administrator of the ,environmental ,protection ,agency shall adhere to the following requirements3 7#a7 ,peer review and information quality ,prior to issuance and dissemination of any final report or any interim report summarizing the ,environmental ,protection ,agency's research on the relationship between hydraulic fracturing and drinking water1 the ,administrator shall-- 7,a7 consider such reports to be ,highly ,influential ,scientific ,assessments and require peer review of such reports in accordance with guidelines governing such assessments1 as described in-- 7i7 the ,environmental ,protection ,agency's ,peer ,review ,handbook #crd ,edition2 7ii7 the ,environmental ,protection ,agency's ,scientific ,integrity ,policy1 as in effect on the date of enactment of this ,act2 and 7iii7 the ,office of ,management and ,budget's ,peer ,review ,bulletin1 as in effect on the date of enactment of this ,act2 and 7,b7 require such reports to meet the standards and procedures for the dissemination of influential scientific1 financial1 or statistical information set forth in the ,environmental ,protection ,agency's ,guidelines for ,ensuring and ,maximizing the ,quality1 ,objectivity1 ,utility1 and ,integrity of ,information ,disseminated by the ,environmental ,protection ,agency1 developed in response to guidelines issued by the ,office of ,management and ,budget under section #eae7;a7 of the ,treasury and ,general ,government ,appropriations ,act for ,fiscal ,year #bjja 7,public ,law #ajf-eed74 7#b7 ,probability1 uncertainty1 and consequence ,in order to maximize the quality and utility of information developed through the study1 the ,administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability1 uncertainty1 and consequence of each identified impact1 taking into account the risk management practices of ,states and industry4 ,estimates or descriptions of probability1 uncertainty1 and consequence shall be as quantitative as possible given the validity1 accuracy1 precision1 and other quality attributes of the underlying data and analyses1 but no more quantitative than the data and analyses can support4 7#c7 ,release of final report ,the final report shall be publicly released by ,september #cj1 #bjaf4 #c ,miscellaneous provisions #ddca4 ,review of ,state activities ,the ,secretary of the ,interior shall annually review and report to ,congress on all ,state activities relating to hydraulic fracturing4 ,e ,offshore ,energy and ,jobs #a ,outer ,continental ,shelf ,leasing ,program ,reforms #deaa4 ,outer ,continental ,shelf leasing program reforms ,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 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 area4 7,b7 ,the ,secretary shall include in each proposed oil and gas leasing program under this section any ,state subdivision of an outer ,continental ,shelf planning area that the ,governor of the ,state that represents that subdivision requests be made available for leasing4 ,the ,secretary may not remove such a subdivision from the program until publication of the final program1 and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b774 7,c7 ,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 the #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 #deab4 ,domestic oil and natural gas production goal ,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 the #e-year oil and gas leasing program1 the production goal referred to in paragraph 7#a7 shall be an increase by #bjcb 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 #deac4 ,development and submittal of new #e-year oil and gas leasing program 7a7 ,in general ,the ,secretary of the ,interior shall-- 7#a7 by not later than ,july #ae1 #bjae1 publish and submit to ,congress a new proposed oil and gas leasing program under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 for the #e-year period beginning on such date and ending ,july #ae1 #bjba2 and 7#b7 by not later than ,july #ae1 #bjaf1 approve a final oil and gas leasing program under such section for such period4 7b7 ,consideration of all areas ,in preparing such program the ,secretary shall include consideration of areas of the ,continental ,shelf off the coasts of all ,states 7as such term is defined in section #b of that ,act1 as amended by this ,act71 that are subject to leasing under this ,act4 7c7 ,technical correction ,section #ah7;d77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;d77#c77 is amended by striking or after eighteen months following the date of enactment of this section1 whichever first occurs14 #dead4 ,rule of construction ,nothing in this subtitle shall be construed to authorize the issuance of a lease under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 to any person designated for the imposition of sanctions pursuant to-- 7#a7 the ,iran ,sanctions ,act of #aiif 7#ej ,u4,s4,c4 #agja note71 the ,comprehensive ,iran ,sanctions1 ,accountability and ,divestiture ,act of #bjaj 7#bb ,u4,s4,c4 #heja et seq471 the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgja et seq471 section #abde of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a71 or the ,iran ,freedom and ,counter-,proliferation ,act of #bjab 7#bb ,u4,s4,c4 #hhja et seq472 7#b7 ,executive ,order ,no4 #acfbb 7,july #cj1 #bjab71 ,executive ,order ,no4 #acfbh 7,october #i1 #bjab71 or ,executive ,order ,no4 #acfde 7,june #c1 #bjac72 7#c7 ,executive ,order ,no4 #acbbd 7,september #bc1 #bjja7 or ,executive ,order ,no4 #accch 7,may #aa1 #bjjd72 or 7#d7 the ,syria ,accountability and ,lebanese ,sovereignty ,restoration ,act of #bjjc 7#bb ,u4,s4,c4 #baea note74 #b ,directing the ,president ,to ,conduct ,new ,,ocs ,sales in ,virginia1 ,south ,carolina1 and ,california #deba4 ,requirement to conduct proposed oil and gas ,lease ,sale #bbj on the ,outer ,continental ,shelf offshore ,virginia 7a7 ,in general ,notwithstanding the exclusion of ,lease ,sale #bbj in the ,final ,outer ,continental ,shelf ,oil ,gas ,leasing ,program #bjab-bjag1 the ,secretary of the ,interior shall conduct offshore oil and gas ,lease ,sale #bbj under section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 as soon as practicable1 but not later than one year after the date of enactment of this ,act4 7b7 ,requirement ,to make replacement lease blocks available ,for each lease block in a proposed lease sale under this section for which the ,secretary of ,defense1 in consultation with the ,secretary of the ,interior1 under the ,memorandum of ,agreement referred to in section #debe7;b71 issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development1 the ,secretary of the ,interior1 in consultation with the ,secretary of ,defense1 shall make available in the same lease sale one other lease block in the ,virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict4 7c7 ,balancing military and energy production goals ,in recognition that the ,outer ,continental ,shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security1 the ,secretary of the ,interior and the ,secretary of ,defense shall work jointly in implementing this section in order to ensure achievement of the following common goals3 7#a7 ,preserving the ability of the ,armed ,forces of the ,united ,states to maintain an optimum state of readiness through their continued use of the ,outer ,continental ,shelf4 7#b7 ,allowing effective exploration1 development1 and production of our ,nation's oil1 gas1 and renewable energy resources4 7d7 ,definitions ,in this section3 7#a7 ,lease sale #bbj ,the term ,lease ,sale #bbj means such lease sale referred to in the ,request for ,comments on the ,draft ,proposed #e-,year ,outer ,continental ,shelf 7,,ocs7 ,oil and ,gas ,leasing ,program for #bjaj-bjae and ,notice of ,intent ,to ,prepare an ,environmental ,impact ,statement 7,,eis7 for the ,proposed #e-,year ,program published ,january #ba1 #bjji 7#gd ,fed4 ,reg4 #cfca74 7#b7 ,virginia lease sale planning area ,the term ,virginia lease sale planning area means the area of the outer ,continental ,shelf 7as that term is defined in the ,outer ,continental ,shelf ,lands ,act 7#cc ,u4,s4,c4 #acca et seq477 that is bounded by-- 7,a7 a northern boundary consisting of a straight line extending from the northernmost point of ,virginia's seaward boundary to the point on the seaward boundary of the ,united ,states exclusive economic zone located at #cg degrees #ag minutes #a second ,north latitude1 #ga degrees #e minutes #af seconds ,west longitude2 and 7,b7 a southern boundary consisting of a straight line extending from the southernmost point of ,virginia's seaward boundary to the point on the seaward boundary of the ,united ,states exclusive economic zone located at #cf degrees #ca minutes #eh seconds ,north latitude1 #ga degrees #cj minutes #a second ,west longitude4 #debb4 ,south ,carolina lease sale ,notwithstanding inclusion of the ,south ,atlantic ,outer ,continental ,shelf ,planning ,area in the ,final ,outer ,continental ,shelf ,oil ,gas ,leasing ,program #bjab-bjag1 the ,secretary of the ,interior shall conduct a lease sale not later than #b years after the date of the enactment of this ,act for areas off the coast of ,south ,carolina determined by the ,secretary to have the most geologically promising hydrocarbon resources and constituting not less than #be percent of the leasable area within the ,south ,carolina offshore administrative boundaries depicted in the notice entitled ,federal ,outer ,continental ,shelf 7,,ocs7 ,administrative ,boundaries ,extending from the ,submerged ,lands ,act ,boundary seaward to the ,limit of the ,united ,states ,outer ,continental ,shelf1 published ,january #c1 #bjjf 7#ga ,fed4 ,reg4 #abg74 #debc4 ,southern ,california existing infrastructure lease sale 7a7 ,in general ,the ,secretary of the ,interior shall offer for sale leases of tracts in the ,santa ,maria and ,santa ,barbara_/,ventura ,basins of the ,southern ,california ,,ocs ,planning ,area as soon as practicable1 but not later than ,december #ca1 #bjae4 7b7 ,use of ,existing ,structures or ,onshore-,based ,drilling ,the ,secretary of the ,interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this ,act or from onshore-based1 extended-reach drilling4 #debd4 ,environmental impact statement requirement 7a7 ,in ,general ,for the purposes of this subtitle1 the ,secretary of the ,interior shall prepare a multisale environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 for all lease sales required under this chapter4 7b7 ,actions ,to be considered ,notwithstanding section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb71 in such statement-- 7#a7 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action2 and 7#b7 the ,secretary shall only-- 7,a7 identify a preferred action for leasing and not more than one alternative leasing proposal2 and 7,b7 analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal4 #debe4 ,national defense 7a7 ,national ,defense ,areas ,this subtitle does not affect the existing authority of the ,secretary of ,defense1 with the approval of the ,president1 to designate national defense areas on the ,outer ,continental ,shelf pursuant to section #ab7;d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda7;d774 7b7 ,prohibition on ,conflicts ,with ,military ,operations ,no person may engage in any exploration1 development1 or production of oil or natural gas on the ,outer ,continental ,shelf under a lease issued under this subtitle that would conflict with any military operation1 as determined in accordance with the ,memorandum of ,agreement between the ,department of ,defense and the ,department of the ,interior on ,mutual ,concerns on the ,outer ,continental ,shelf signed ,july #bj1 #aihc1 and any revision or replacement for that agreement that is agreed to by the ,secretary of ,defense and the ,secretary of the ,interior after that date but before the date of issuance of the lease under which such exploration1 development1 or production is conducted4 #debf4 ,eastern ,gulf of ,mexico not included ,nothing in this subtitle affects restrictions on oil and gas leasing under the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 #dc ,u4,s4,c4 #acca note74 #c ,equitable ,sharing of ,outer ,continental ,shelf ,revenues #deca4 ,disposition of ,outer ,continental ,shelf revenues to coastal ,states 7a7 ,in general ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended-- 7#a7 in the existing text-- 7,a7 in the first sentence1 by striking ,all rentals1 and inserting the following3 7c7 ,disposition of revenue under old leases ,all rentals1 2 and 7,b7 in subsection 7c7 7as designated by the amendment made by subparagraph 7,a7 of this paragraph71 by striking for the period from ,june #e1 #aiej1 to date1 and thereafter and inserting in the period beginning ,june #e1 #aiej1 and ending on the date of enactment of the ,american ,renaissance in ,manufacturing ,act2 7#b7 by adding after subsection 7c7 7as so designated7 the following3 7d7 ,definitions ,in this section3 7#a7 ,coastal ,state ,the term coastal ,state includes a territory of the ,united ,states4 7#b7 ,new leasing revenues ,the term new leasing revenues-- 7,a7 means amounts received by the ,united ,states as bonuses1 rents1 and royalties under leases for oil and gas1 wind1 tidal1 or other energy exploration1 development1 and production on new areas of the outer ,continental ,shelf that are authorized to be made available for leasing as a result of enactment of the ,american ,renaissance in ,manufacturing ,act and leasing under that ,act2 and 7,b7 does not include amounts received by the ,united ,states under any lease of an area located in the boundaries of the ,central ,gulf of ,mexico and ,western ,gulf of ,mexico ,outer ,continental ,shelf ,planning ,areas on the date of enactment of the ,american ,renaissance in ,manufacturing ,act1 including a lease issued before1 on1 or after such date of enactment4 2 and 7#c7 by inserting before subsection 7c7 7as so designated7 the following3 7a7 ,payment of new leasing revenues to coastal ,states 7#a7 ,in general ,except as provided in paragraph 7#b71 of the amount of new leasing revenues received by the ,united ,states each fiscal year1 #cg4e percent shall be allocated and paid in accordance with subsection 7b7 to coastal ,states that are affected ,states with respect to the leases under which those revenues are received by the ,united ,states4 7#b7 ,phase-in 7,a7 ,in general ,except as provided in subparagraph 7,b71 paragraph 7#a7 shall be applied-- 7i7 with respect to new leasing revenues under leases awarded under the first leasing program under section #ah7;a7 that takes effect after the date of enactment of the ,american ,renaissance in ,manufacturing ,act1 by substituting #ab4e percent for #cg4e percent2 and 7ii7 with respect to new leasing revenues under leases awarded under the second leasing program under section #ah7;a7 that takes effect after the date of enactment of the ,american ,renaissance in ,manufacturing ,act1 by substituting #be percent for #cg4e percent4 7,b7 ,exempted lease sales ,this paragraph shall not apply with respect to any lease issued under chapter #b of subtitle ,e of title ,,iv of the ,american ,renaissance in ,manufacturing ,act4 7b7 ,allocation of payments 7#a7 ,in general ,the amount of new leasing revenues received by the ,united ,states with respect to a leased tract that are required to be paid to coastal ,states in accordance with this subsection each fiscal year shall be allocated among and paid to coastal ,states that are within #bjj miles of the leased tract1 in amounts that are inversely proportional to the respective distances between the point on the coastline of each such ,state that is closest to the geographic center of the lease tract1 as determined by the ,secretary4 7#b7 ,minimum and maximum allocation ,the amount allocated to a coastal ,state under paragraph 7#a7 each fiscal year with respect to a leased tract shall be-- 7,a7 in the case of a coastal ,state that is the nearest ,state to the geographic center of the leased tract1 not less than #be percent of the total amounts allocated with respect to the leased tract2 7,b7 in the case of any other coastal ,state1 not less than #aj percent1 and not more than #ae percent1 of the total amounts allocated with respect to the leased tract2 and 7,c7 in the case of a coastal ,state that is the only coastal ,state within #bjj miles of a leased tract1 #ajj percent of the total amounts allocated with respect to the leased tract4 7#c7 ,administration ,amounts allocated to a coastal ,state under this subsection-- 7,a7 shall be available to the coastal ,state without further appropriation2 7,b7 shall remain available until expended2 7,c7 shall be in addition to any other amounts available to the coastal ,state under this ,act2 and 7,d7 shall be distributed in the fiscal year following receipt4 7#d7 ,use of funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 a coastal ,state may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that ,state4 7,b7 ,restriction on use for matching ,funds allocated and paid to a coastal ,state under this subsection may not be used as matching funds for any other ,federal program4 4 7b7 ,limitation on application ,this section and the amendment made by this section shall not affect the application of section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 7#dc ,u4,s4,c4 #acca note771 as in effect before the enactment of this ,act1 with respect to revenues received by the ,united ,states under oil and gas leases issued for tracts located in the ,western and ,central ,gulf of ,mexico ,outer ,continental ,shelf ,planning ,areas1 including such leases issued on or after the date of the enactment of this ,act4 #d ,reorganization of ,minerals ,management ,agencies of the ,department of the ,interior #deda4 ,establishment of ,under ,secretary for ,energy1 ,lands1 and ,minerals and ,assistant ,secretary of ,ocean ,energy and ,safety ,there shall be in the ,department of the ,interior-- 7#a7 an ,under ,secretary for ,energy1 ,lands1 and ,minerals1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,secretary of the ,interior or1 if directed by the ,secretary1 to the ,deputy ,secretary of the ,interior2 7,c7 be paid at the rate payable for level ,,iii of the ,executive ,schedule2 and 7,d7 be responsible for-- 7i7 the safe and responsible development of our energy and mineral resources on ,federal lands in appropriate accordance with ,united ,states energy demands2 and 7ii7 ensuring multiple-use missions of the ,department of the ,interior that promote the safe and sustained development of energy and minerals resources on public lands 7as that term is defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4772 7#b7 an ,assistant ,secretary of ,ocean ,energy and ,safety1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,under ,secretary for ,energy1 ,lands1 and ,minerals2 7,c7 be paid at the rate payable for level ,,iv of the ,executive ,schedule2 and 7,d7 be responsible for ensuring safe and efficient development of energy and minerals on the ,outer ,continental ,shelf of the ,united ,states2 and 7#c7 an ,assistant ,secretary of ,land and ,minerals ,management1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,under ,secretary for ,energy1 ,lands1 and ,minerals2 7,c7 be paid at the rate payable for level ,,iv of the ,executive ,schedule2 and 7,d7 be responsible for ensuring safe and efficient development of energy and minerals on public lands and other ,federal onshore lands under the jurisdiction of the ,department of the ,interior1 including implementation of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 and the ,surface ,mining ,control and ,reclamation ,act 7#cj ,u4,s4,c4 #abja et seq47 and administration of the ,office of ,surface ,mining4 #dedb4 ,bureau of ,ocean ,energy 7a7 ,establishment ,there is established in the ,department of the ,interior a ,bureau of ,ocean ,energy 7referred to in this section as the ,bureau71 which shall-- 7#a7 be headed by a ,director of ,ocean ,energy 7referred to in this section as the ,director72 and 7#b7 be administered under the direction of the ,assistant ,secretary of ,ocean ,energy and ,safety4 7b7 ,director 7#a7 ,appointment ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out through the ,bureau all functions1 powers1 and duties vested in the ,secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management4 7#b7 ,specific authorities ,the ,director shall promulgate and implement regulations-- 7,a7 for the proper issuance of leases for the exploration1 development1 and production of nonrenewable and renewable energy and mineral resources on the ,outer ,continental ,shelf2 7,b7 relating to resource identification1 access1 evaluation1 and utilization2 7,c7 for development of leasing plans1 lease sales1 and issuance of leases for such resources2 and 7,d7 regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration1 development1 and production1 and the use of third party contracting for necessary environmental analysis for the development of such resources4 7#c7 ,limitation ,the ,secretary shall not carry out through the ,bureau any function1 power1 or duty that is-- 7,a7 required by section #dedc to be carried out through the ,ocean ,energy ,safety ,service2 or 7,b7 required by section #dedd to be carried out through the ,office of ,natural ,resources ,revenue4 7d7 ,responsibilities of land management agencies ,nothing in this section shall affect the authorities of the ,bureau of ,land ,management under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or of the ,forest ,service under the ,national ,forest ,management ,act of #aigf 7,public ,law #id-ehh74 #dedc4 ,ocean ,energy ,safety ,service 7a7 ,establishment ,there is established in the ,department of the ,interior an ,ocean ,energy ,safety ,service 7referred to in this section as the ,service71 which shall-- 7#a7 be headed by a ,director of ,energy ,safety 7referred to in this section as the ,director72 and 7#b7 be administered under the direction of the ,assistant ,secretary of ,ocean ,energy and ,safety4 7b7 ,director 7#a7 ,appointment ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out through the ,service all functions1 powers1 and duties vested in the ,secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the ,outer ,continental ,shelf pursuant to the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 including the authority to develop1 promulgate1 and enforce regulations to ensure the safe and sound exploration1 development1 and production of mineral and renewable energy resources on the ,outer ,continental ,shelf in a timely fashion4 7#b7 ,specific authorities ,the ,director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the ,outer ,continental ,shelf1 including-- 7,a7 exploration1 development1 production1 and ongoing inspections of infrastructure2 7,b7 the suspending or prohibiting1 on a temporary basis1 any operation or activity1 including production under leases held on the ,outer ,continental ,shelf1 in accordance with section #e7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7;a77#a772 7,c7 cancelling any lease1 permit1 or right-of-way on the ,outer ,continental ,shelf1 in accordance with section #e7;a77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7;a77#b772 7,d7 compelling compliance with applicable ,federal laws and regulations relating to worker safety and other matters2 7,e7 requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration1 development1 and production of mineral or renewable energy resources2 7,f7 developing and implementing regulations for ,federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations1 including health1 safety1 or environmental regulations2 7,g7 implementing the ,offshore ,technology ,research and ,risk ,assessment ,program under section #ba of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdg72 7,h7 summoning witnesses and directing the production of evidence2 7,i7 levying fines and penalties and disqualifying operators2 7,j7 carrying out any safety1 response1 and removal preparedness functions2 and 7,k7 the processing of permits1 exploration plans1 development plans4 7d7 ,employees 7#a7 ,in general ,the ,secretary shall ensure that the inspection force of the ,bureau consists of qualified1 trained employees who meet qualification requirements and adhere to the highest professional and ethical standards4 7#b7 ,qualifications ,the qualification requirements referred to in paragraph 7#a7-- 7,a7 shall be determined by the ,secretary1 subject to subparagraph 7,b72 and 7,b7 shall include-- 7i7 #c years of practical experience in oil and gas exploration1 development1 or production2 or 7ii7 a degree in an appropriate field of engineering from an accredited institution of higher learning4 7#c7 ,assignment ,in assigning oil and gas inspectors to the inspection and investigation of individual operations1 the ,secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made4 7#d7 ,background checks ,the ,director shall require that an individual to be hired as an inspection officer undergo an employment investigation 7including a criminal history record check74 7#e7 ,language requirements ,individuals hired as inspectors must be able to read1 speak1 and write ,english well enough to-- 7,a7 carry out written and oral instructions regarding the proper performance of inspection duties2 and 7,b7 write inspection reports and statements and log entries in the ,english language4 7#f7 ,veterans preference ,the ,director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the ,armed ,forces and is entitled1 under statute1 to retired1 retirement1 or retainer pay on account of service as a member of the ,armed ,forces4 7#g7 ,annual proficiency review 7,a7 ,annual proficiency review ,the ,director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented4 7,b7 ,continuation of employment ,an individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual-- 7i7 continues to meet all qualifications and standards2 7ii7 has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program2 and 7iii7 demonstrates the current knowledge and skills necessary to courteously1 vigilantly1 and effectively perform inspection functions4 7#h7 ,limitation on right to strike ,any individual that conducts permitting or inspections under this section may not participate in a strike1 or assert the right to strike4 7#i7 ,personnel authority ,notwithstanding any other provision of law1 the ,director may employ1 appoint1 discipline and terminate for cause1 and fix the compensation1 terms1 and conditions of employment of ,federal service for individuals as the employees of the ,service in order to restore and maintain the trust of the people of the ,united ,states in the accountability of the management of our ,nation's energy safety program4 7#aj7 ,training ,academy 7,a7 ,in general ,the ,secretary shall establish and maintain a ,national ,offshore ,energy ,safety ,academy 7referred to in this paragraph as the ,academy7 as an agency of the ,ocean ,energy ,safety ,service4 7,b7 ,functions of ,academy ,the ,secretary1 through the ,academy1 shall be responsible for-- 7i7 the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health1 safety1 environmental1 and operational inspections2 7ii7 the training of technical support personnel of the ,bureau2 7iii7 any other training programs for offshore oil and gas inspectors1 ,bureau personnel1 ,department personnel1 or other persons as the ,secretary shall designate2 and 7iv7 certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors4 7,c7 ,cooperative agreements 7i7 ,in general ,in performing functions under this paragraph1 and subject to clause 7ii71 the ,secretary may enter into cooperative educational and training agreements with educational institutions1 related ,federal academies1 other ,federal agencies1 ,state governments1 safety training firms1 and oil and gas operators and related industries4 7ii7 ,training requirement ,such training shall be conducted by the ,academy in accordance with curriculum needs and assignment of instructional personnel established by the ,secretary4 7#aa7 ,use of ,department personnel ,in performing functions under this subsection1 the ,secretary shall use1 to the extent practicable1 the facilities and personnel of the ,department of the ,interior4 ,the ,secretary may appoint or assign to the ,academy such officers and employees as the ,secretary considers necessary for the performance of the duties and functions of the ,academy4 7#ab7 ,additional training programs 7,a7 ,in general ,the ,secretary shall work with appropriate educational institutions1 operators1 and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed-- 7i7 to enable persons to qualify for positions in the administration of this subtitle2 and 7ii7 to provide for the continuing education of inspectors or other appropriate ,department of the ,interior personnel4 7,b7 ,financial and technical assistance ,the ,secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph4 7e7 ,limitation ,the ,secretary shall not carry out through the ,service any function1 power1 or duty that is-- 7#a7 required by section #dedb to be carried out through the ,bureau of ,ocean ,energy2 or 7#b7 required by section #dedd to be carried out through the ,office of ,natural ,resources ,revenue4 #dedd4 ,office of ,natural ,resources revenue 7a7 ,establishment ,there is established in the ,department of the ,interior an ,office of ,natural ,resources ,revenue 7referred to in this section as the ,office7 to be headed by a ,director of ,natural ,resources ,revenue 7referred to in this section as the ,director74 7b7 ,appointment and compensation 7#a7 ,in general ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out1 through the ,office1 all functions1 powers1 and duties vested in the ,secretary and relating to the administration of offshore royalty and revenue management functions4 7#b7 ,specific authorities ,the ,secretary shall carry out1 through the ,office1 all functions1 powers1 and duties previously assigned to the ,minerals ,management ,service 7including the authority to develop1 promulgate1 and enforce regulations7 regarding offshore royalty and revenue collection2 royalty and revenue distribution2 auditing and compliance2 investigation and enforcement of royalty and revenue regulations2 and asset management for onshore and offshore activities4 7d7 ,limitation ,the ,secretary shall not carry out through the ,office any function1 power1 or duty that is-- 7#a7 required by section #dedb to be carried out through the ,bureau of ,ocean ,energy2 or 7#b7 required by section #dedc to be carried out through the ,ocean ,energy ,safety ,service4 #dede4 ,ethics and drug testing 7a7 ,certification ,the ,secretary of the ,interior shall certify annually that all ,department of the ,interior officers and employees having regular1 direct contact with lessees1 contractors1 concessionaires1 and other businesses interested before the ,government as a function of their official duties1 or conducting investigations1 issuing permits1 or responsible for oversight of energy programs1 are in full compliance with all ,federal employee ethics laws and regulations under the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 and part #bfce of title #e1 ,code of ,federal ,regulations1 and all guidance issued under subsection 7c74 7b7 ,drug ,testing ,the ,secretary shall conduct a random drug testing program of all ,department of the ,interior personnel referred to in subsection 7a74 7c7 ,guidance ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection 7a74 ,the ,secretary shall update the supplementary ethics guidance not less than once every #c years thereafter4 #dedf4 ,abolishment of ,minerals ,management ,service 7a7 ,abolishment ,the ,minerals ,management ,service is abolished4 7b7 ,completed administrative actions 7#a7 ,in general ,completed administrative actions of the ,minerals ,management ,service shall not be affected by the enactment of this ,act1 but shall continue in effect according to their terms until amended1 modified1 superseded1 terminated1 set aside1 or revoked in accordance with law by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7#b7 ,completed administrative action defined ,for purposes of paragraph 7#a71 the term completed administrative action includes orders1 determinations1 memoranda of understanding1 memoranda of agreements1 rules1 regulations1 personnel actions1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 and privileges4 7c7 ,pending ,proceedings ,subject to the authority of the ,secretary of the ,interior and the officers of the ,department of the ,interior under this subtitle-- 7#a7 pending proceedings in the ,minerals ,management ,service1 including notices of proposed rulemaking1 and applications for licenses1 permits1 certificates1 grants1 and financial assistance1 shall continue1 notwithstanding the enactment of this subtitle or the vesting of functions of the ,service in another agency1 unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this subtitle had not been enacted2 and 7#b7 orders issued in such proceedings1 and appeals therefrom1 and payments made pursuant to such orders1 shall issue in the same manner and on the same terms as if this subtitle had not been enacted1 and any such orders shall continue in effect until amended1 modified1 superseded1 terminated1 set aside1 or revoked by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7d7 ,pending ,civil ,actions ,subject to the authority of the ,secretary of the ,interior or any officer of the ,department of the ,interior under this subtitle1 pending civil actions shall continue notwithstanding the enactment of this subtitle1 and in such civil actions1 proceedings shall be had1 appeals taken1 and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred4 7e7 ,references ,references relating to the ,minerals ,management ,service in statutes1 ,executive orders1 rules1 regulations1 directives1 or delegations of authority that precede the effective date of this ,act are deemed to refer1 as appropriate1 to the ,department1 to its officers1 employees1 or agents1 or to its corresponding organizational units or functions4 ,statutory reporting requirements that applied in relation to the ,minerals ,management ,service immediately before the effective date of this subtitle shall continue to apply4 #dedg4 ,conforming amendments to ,executive ,schedule pay rates 7a7 ,under ,secretary for ,energy1 ,lands1 and ,minerals ,section #ecad of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to ,under ,secretaries of the ,treasury 7#c74 the following3 ,under ,secretary for ,energy1 ,lands1 and ,minerals1 ,department of the ,interior4 4 7b7 ,assistant ,secretaries ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking ,assistant ,secretaries of the ,interior 7#f74 and inserting the following3 ,assistant ,secretaries1 ,department of the ,interior 7#g74 4 7c7 ,directors ,section #ecaf of title #e1 ,united ,states ,code1 is amended by striking ,director1 ,bureau of ,mines1 ,department of the ,interior4 and inserting the following new items3 ,director1 ,bureau of ,ocean ,energy1 ,department of the ,interior4,director1 ,ocean ,energy ,safety ,service1 ,department of the ,interior4,director1 ,office of ,natural ,resources ,revenue1 ,department of the ,interior4 4 #dedh4 ,outer ,continental ,shelf ,energy ,safety ,advisory ,board 7a7 ,establishment ,the ,secretary of the ,interior shall establish1 under the ,federal ,advisory ,committee ,act1 an ,outer ,continental ,shelf ,energy ,safety ,advisory ,board 7referred to in this section as the ,board7-- 7#a7 to provide the ,secretary and the ,directors established by this ,act with independent scientific and technical advice on safe1 responsible1 and timely mineral and renewable energy exploration1 development1 and production activities2 and 7#b7 to review operations of the ,national ,offshore ,energy ,health and ,safety ,academy established under section #dedc7;d71 including submitting to the ,secretary recommendations of curriculum to ensure training scientific and technical advancements4 7b7 ,membership 7#a7 ,size ,the ,board shall consist of not more than #aa members1 who-- 7,a7 shall be appointed by the ,secretary based on their expertise in oil and gas drilling1 well design1 operations1 well containment and oil spill response2 and 7,b7 must have significant scientific1 engineering1 management1 and other credentials and a history of working in the field related to safe energy exploration1 development1 and production activities4 7#b7 ,consultation and nominations ,the ,secretary shall consult with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering to identify potential candidates for the ,board and shall take nominations from the public4 7#c7 ,term ,the ,secretary shall appoint ,board members to staggered terms of not more than #d years1 and shall not appoint a member for more than #b consecutive terms4 7#d7 ,balance ,in appointing members to the ,board1 the ,secretary shall ensure a balanced representation of industry and research interests4 7c7 ,chair ,the ,secretary shall appoint the ,chair for the ,board from among its members4 7d7 ,meetings ,the ,board shall meet not less than #c times per year and shall host1 at least once per year1 a public forum to review and assess the overall energy safety performance of ,outer ,continental ,shelf mineral and renewable energy resource activities4 7e7 ,offshore drilling safety assessments and recommendations ,as part of its duties under this section1 the ,board shall1 by not later than #ahj days after the date of enactment of this section and every #e years thereafter1 submit to the ,secretary a report that-- 7#a7 assesses offshore oil and gas well control technologies1 practices1 voluntary standards1 and regulations in the ,united ,states and elsewhere2 and 7#b7 as appropriate1 recommends modifications to the regulations issued under this subtitle to ensure adequate protection of safety and the environment1 including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary4 7f7 ,reports ,reports of the ,board shall be submitted by the ,board to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and made available to the public in electronically accessible form4 7g7 ,travel expenses ,members of the ,board1 other than full-time employees of the ,federal ,government1 while attending a meeting of the ,board or while otherwise serving at the request of the ,secretary or the ,director while serving away from their homes or regular places of business1 may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code1 for individuals in the ,government serving without pay4 #dedi4 ,outer ,continental ,shelf inspection fees ,section #bb of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdh7 is amended by adding at the end of the section the following3 7g7 ,inspection fees 7#a7 ,establishment ,the ,secretary of the ,interior shall collect from the operators of facilities subject to inspection under subsection 7c7 non-refundable fees for such inspections-- 7,a7 at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units7 by the ,department of the ,interior2 and 7,b7 using a schedule that reflects the differences in complexity among the classes of facilities to be inspected4 7#b7 ,ocean energy safety fund ,there is established in the ,treasury a fund1 to be known as the ,ocean ,energy ,enforcement ,fund 7referred to in this subsection as the ,fund71 into which shall be deposited all amounts collected as fees under paragraph 7#a7 and which shall be available as provided under paragraph 7#c74 7#c7 ,availability of fees 7,a7 ,in general ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 all amounts deposited in the ,fund-- 7i7 shall be credited as offsetting collections2 7ii7 shall be available for expenditure for purposes of carrying out inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units7 and the administration of the inspection program under this section2 7iii7 shall be available only to the extent provided for in advance in an appropriations ,act2 and 7iv7 shall remain available until expended4 7,b7 ,use for field offices ,not less than #ge percent of amounts in the ,fund may be appropriated for use only for the respective ,department of the ,interior field offices where the amounts were originally assessed as fees4 7#d7 ,initial fees ,fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent #aj years1 and shall not be raised without advise and consent of the ,congress1 except as determined by the ,secretary to be appropriate as an adjustment equal to the percentage by which the ,consumer ,price ,index for the month of ,june of the calendar year preceding the adjustment exceeds the ,consumer ,price ,index for the month of ,june of the calendar year in which the claim was determined or last adjusted4 7#e7 ,annual fees ,annual fees shall be collected under this subsection for facilities that are above the waterline1 excluding drilling rigs1 and are in place at the start of the fiscal year4 ,fees for fiscal year #bjad shall be-- 7,a7 #aj1ejj for facilities with no wells1 but with processing equipment or gathering lines2 7,b7 #ag1jjj for facilities with #a to #aj wells1 with any combination of active or inactive wells2 and 7,c7 #ca1ejj for facilities with more than #aj wells1 with any combination of active or inactive wells4 7#f7 ,fees for drilling rigs ,fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years #bjad through #bjbc4 ,fees for fiscal year #bjad shall be-- 7,a7 #cj1ejj per inspection for rigs operating in water depths of #a1jjj feet or more2 and 7,b7 #af1gjj per inspection for rigs operating in water depths of less than #a1jjj feet4 7#g7 ,billing ,the ,secretary shall bill designated operators under paragraph 7#e7 within #fj days after the date of the inspection1 with payment required within #cj days of billing4 ,the ,secretary shall bill designated operators under paragraph 7#f7 within #cj days of the end of the month in which the inspection occurred1 with payment required within #cj days after billing4 7#h7 ,sunset ,no fee may be collected under this subsection for any fiscal year after fiscal year #bjbc4 7#i7 ,annual reports 7,a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjae1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the operation of the ,fund during the fiscal year4 7,b7 ,contents ,each report shall include1 for the fiscal year covered by the report1 the following3 7i7 ,a statement of the amounts deposited into the ,fund4 7ii7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures and the additional hiring of personnel4 7iii7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4 7iv7 ,an accounting of pace of permit approvals4 7v7 ,if fee increases are proposed after the initial #aj-year period referred to in paragraph 7#e71 a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production1 conducted by the ,secretary4 7vi7 ,recommendations to increase the efficacy and efficiency of offshore inspections4 7vii7 ,any corrective actions levied upon offshore inspectors as a result of any form of misconduct4 4 #deej4 ,prohibition on action based on ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg 7a7 ,prohibition ,the ,bureau of ,ocean ,energy and the ,ocean ,energy ,safety ,service may not develop1 propose1 finalize1 administer1 or implement1 any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg4 7b7 ,report on expenditures ,not later than #fj days after the date of enactment of this ,act1 the ,president shall submit a report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate identifying all ,federal expenditures in fiscal years #bjaa1 #bjab1 #bjac1 and #bjad1 by the ,bureau of ,ocean ,energy and the ,ocean ,energy ,safety ,service and their predecessor agencies1 by agency1 account1 and any pertinent subaccounts1 for the development1 administration1 or implementation of the coastal and marine spatial planning component of the ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg1 including staff time1 travel1 and other related expenses4 #e ,united ,states ,territories #deea4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in paragraph 7a71 by inserting after control the following3 or lying within the ,united ,states exclusive economic zone and the ,continental ,shelf adjacent to any territory of the ,united ,states2 7#b7 in paragraph 7p71 by striking and after the semicolon at the end2 7#c7 in paragraph 7q71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7r7 ,the term ,state includes each territory of the ,united ,states4 4 #f ,miscellaneous ,provisions #defa4 ,rules regarding distribution of revenues under ,gulf of ,mexico ,energy ,security ,act of #bjjf 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall issue rules to provide more clarity1 certainty1 and stability to the revenue streams contemplated by the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note74 7b7 ,contents ,the rules shall include clarification of the timing and methods of disbursements of funds under section #aje7;b77#b7 of such ,act4 #defb4 ,amount of distributed qualified outer ,continental ,shelf revenues ,section #aje7;f77#a7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 #dc ,u4,s4,c4 #acca note7 shall be applied by substituting #bjbd1 and shall not exceed #iii1iii1iii for each of fiscal years #bjbe through #bjef for #bjee4 #g ,judicial ,review #dega4 ,time for filing complaint 7a7 ,in general ,any cause of action that arises from a covered energy decision must be filed not later than the end of the #fj-;day period beginning on the date of the covered energy decision4 ,any cause of action not filed within this time period shall be barred4 7b7 ,exception ,subsection 7a7 shall not apply to a cause of action brought by a party to a covered energy lease4 #degb4 ,district court deadline 7a7 ,in general ,all proceedings that are subject to section #dega-- 7#a7 shall be brought in the ,united ,states district court for the district in which the ,federal property for which a covered energy lease is issued is located or the ,united ,states ,district ,court of the ,district of ,columbia2 7#b7 shall be resolved as expeditiously as possible1 and in any event not more than #ahj days after such cause or claim is filed2 and 7#c7 shall take precedence over all other pending matters before the district court4 7b7 ,failure ,to comply with deadline ,if an interlocutory or final judgment1 decree1 or order has not been issued by the district court by the deadline described under this section1 the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated4 #degc4 ,ability to seek appellate review ,an interlocutory or final judgment1 decree1 or order of the district court in a proceeding that is subject to section #dega may be reviewed by the ,u4,s4 ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,d4,c4 ,circuit shall resolve any such appeal as expeditiously as possible and1 in any event1 not more than #ahj days after such interlocutory or final judgment1 decree1 or order of the district court was issued4 #degd4 ,limitation on scope of review and relief 7a7 ,administrative findings and conclusions ,in any judicial review of any ,federal action under this chapter1 any administrative findings and conclusions relating to the challenged ,federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record4 7b7 ,limitation on prospective relief ,in any judicial review of any action1 or failure to act1 under this chapter1 the ,court shall not grant or approve any prospective relief unless the ,court finds that such relief is narrowly drawn1 extends no further than necessary to correct the violation of a ,federal law requirement1 and is the least intrusive means necessary to correct the violation concerned4 #dege4 ,legal fees ,any person filing a petition seeking judicial review of any action1 or failure to act1 under this chapter who is not a prevailing party shall pay to the prevailing parties 7including intervening parties71 other than the ,united ,states1 fees and other expenses incurred by that party in connection with the judicial review1 unless the ,court finds that the position of the person was substantially justified or that special circumstances make an award unjust4 #degf4 ,exclusion ,this chapter shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof4 #degg4 ,definitions ,in this chapter1 the following definitions apply3 7#a7 ,covered energy decision ,the term covered energy decision means any action or decision by a ,federal official regarding the issuance of a covered energy lease4 7#b7 ,covered energy lease ,the term covered energy lease means any lease under this subtitle or under an oil and gas leasing program under this subtitle4