[House Report 112-398]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-398
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3408) TO SET CLEAR RULES
FOR THE DEVELOPMENT OF UNITED STATES OIL SHALE RESOURCES, TO PROMOTE
SHALE TECHNOLOGY RESEARCH AND DEVELOPMENT, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3813) TO AMEND TITLE 5,
UNITED STATES CODE, TO SECURE THE ANNUITIES OF FEDERAL CIVILIAN
EMPLOYEES, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 7) TO AUTHORIZE FUNDS FOR FEDERAL-AID HIGHWAY, PUBLIC
TRANSPORTATION, AND HIGHWAY AND MOTOR CARRIER SAFETY PROGRAMS, AND FOR
OTHER PURPOSES
_______
February 14, 2012.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Webster, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 547]
The Committee on Rules, having had under consideration
House Resolution 547, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3408, the
Protecting Investment in Oil Shale the Next Generation of
Environmental, Energy, and Resource Security Act, under a
structured rule. The resolution provides one hour of general
debate with 40 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Natural
Resources and 20 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Energy
and Commerce. The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of titles XIV and XVII of Rules Committee Print 112-14 shall be
considered as adopted, and provides that the bill, as amended,
shall be considered as read. The resolution waives all points
of order against provisions in the bill, as amended. The
resolution makes in order only those further amendments to H.R.
3408 printed in Part A of this report. Each such amendment may
be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in Part A of
this report. The resolution provides one motion to recommit
H.R. 3408 with or without instructions.
The resolution also provides for consideration of H.R.
3813, Securing Annuities for Federal Employees Act of 2012,
under a structured rule. The resolution provides one hour of
general debate equally divided and controlled by the chair and
ranking minority member of the Committee on Oversight and
Government Reform. The resolution waives all points of order
against consideration of the bill. The resolution provides that
an amendment in the nature of a substitute consisting of the
text of title XVI of Rules Committee Print 112-14 shall be
considered as adopted, and provides that the bill, as amended,
shall be considered as read. The resolution waives all points
of order against provisions in the bill, as amended. The
resolution makes in order only those further amendments to H.R.
3813 printed in Part B of this report. Each such amendment may
be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in Part B of
this report. The resolution provides one motion to recommit
H.R. 3813 with or without instructions.
The resolution further provides for general debate of H.R.
7, the American Energy and Infrastructure Jobs Act of 2012. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Transportation and Infrastructure. The resolution
waives all points of order against consideration of H.R. 7. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of titles I through XIII and
XV of Rules Committee Print 112-14 shall be considered as
adopted. The resolution provides that no further consideration
of the bill shall occur except pursuant to a subsequent order
of the House.
The resolution directs the Clerk to retain title and
section designations as they appear in Rules Committee Print
112-14 when preparing an amendment in the nature of a
substitute to H.R. 7, H.R. 3408, and H.R. 3813.
The resolution authorizes the Clerk to make technical and
conforming changes to amendatory instructions in the
engrossment of H.R. 3408 and H.R. 3813.
The resolution directs the Clerk to, in the engrossment of
H.R. 7, add the texts of H.R. 3408 and H.R. 3813, as passed by
the House, retaining the title and section designations as they
appear in Rules Committee Print 112-14 to the extent possible,
and to make technical and conforming changes.
The resolution provides that upon the addition of the text
of H.R. 3408 or H.R. 3813, as passed by the House, to the
engrossment of H.R. 7, H.R. 3408 or H.R. 3813 (as the case may
be) shall be laid on the table.
Finally, the resolution Authorizes the chair of each of the
following committees to file a supplemental report to accompany
any of the following measures: Natural Resources, with respect
to H.R. 3407, 3408, and 3410; Ways and Means, with respect to
H.R. 3864; and Oversight and Government Reform, with respect to
H.R. 3813.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 3408, the Committee is not aware of any
points of order. The waiver of all points of order is
prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 3408, as amended, the Committee is not aware
of any points of order. The waiver of all points of order is
prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 3813 includes a waiver of the following: Section 303(a) of
the Congressional Budget Act, prohibiting consideration of
legislation, as reported, providing new budget authority,
change in revenues, change in public debt, new entitlement
authority, or new credit authority for a fiscal year until the
budget resolution for that year has been agreed to; and, clause
3(c)(4) of rule XIII, requiring the inclusion of general
performance goals and objectives in a committee report.
Although the resolution waives all points of order against
provisions in H.R. 3813, as amended, the Committee is not aware
of any points of order. The waiver of all points of order is
prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 7 includes a waiver of the following: Section 303(a) of
the Congressional Budget Act, prohibiting consideration of
legislation, as reported, providing new budget authority,
change in revenues, change in public debt, new entitlement
authority, or new credit authority for a fiscal year until the
budget resolution for that year has been agreed to; and, clause
10 of rule XXI, prohibiting the consideration of a bill if it
has the net effect of increasing mandatory spending over the
five- or ten-year period.
While the resolution contemplates the engrossment of
multiple measures that when combined produce a score that does
not violate clause 10(a) of rule XXI, H.R. 7 does not
technically qualify for combined scoring under clause 10(b) of
rule XXI, because the amendments will appear other than at the
end of the object which is intended to be offset.
Although the rule waives all points of order against the
amendments printed in Part A and Part B of this report, the
Committee is not aware of any points of order against the
amendments. The waivers of all points of order are prophylactic
in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 190
Motion by Mr. Hastings of Florida to report open rules for
consideration of H.R. 3408, H.R. 3813, and H.R. 7. Defeated: 4-
8
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 191
Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #135 to H.R. 3408, offered by
Rep. McGovern (MA), which would reduce the federal deficit by
$40 billion by eliminating subsidies to oil companies.
Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 192
Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #135 to H.R. 7, offered by
Rep. McGovern (MA), which would reduce the federal deficit by
$40 billion by eliminating subsidies to oil companies.
Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 193
Motion by Mr. McGovern to provide for consideration of
amendment #135, offered by Rep. McGovern (MA), as a free-
standing bill. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 194
Motion by Mr. Sessions to report the rule. Adopted: 8-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Yea Ms. Slaughter..................... Nay
Ms. Foxx........................................ Yea Mr. McGovern...................... Nay
Mr. Bishop of Utah.............................. Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS IN PART A MADE IN ORDER
1. Eshoo (CA): Would require the Federal Energy Regulatory
Commission to review the results of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) study, as required by
the bipartisan pipeline safety bill (P.L. 112-90), before
issuing a permit for the Keystone XL pipeline. (10 minutes)
2. Markey, Edward (MA), Cohen (TN), Welch (VT), Connolly
(VA): Would ensure that if the Keystone XL pipeline is built,
the oil that it transports to the Gulf of Mexico and the fuels
made from that oil remain in this country to benefit Americans.
Would allow the President to waive this requirement if it can
be shown that an export of the oil or fuels won't increase our
dependence on oil or fuels we buy from hostile nations, that
prices for refiners and consumers won't go up if the export
occurs, or if an export is needed to comply with any
international treaties or other agreements we have to export
oil or fuels. (10 minutes)
3. Rush (IL): Would amend Title XIV [KEYSTONE XL PIPELINE]
to prohibit the issuance of a permit absent conditions that
restrict the ability of the permit recipient from initiating or
threatening to initiate proceedings to invoke the power of
eminent domain against the will of a property's owner for the
purposes of constructing or operating the Keystone XL pipeline.
(10 minutes)
4. Doyle (PA), Murphy, Christopher (CT): Would require that
a permit for the Keystone XL pipeline is not to be issued or
deemed issued unless the permit applicant can certify and
provide adequate documentation to FERC that at least 75% of the
iron and steel to be used in domestic portion of the pipeline
is produced in North America. (10 minutes)
5. Polis (CO): Would strike subtitle A of title XVII and
provides a five year window offset through increasing the
federal share of drilling revenue. (10 minutes)
6. Hastings, Doc (WA): Would change the underlying bill's
requirement that the Department of the Interior substitute two
new lease blocks for each one lease block that is deferred from
a lease sale at the request of the Department of Defense, to
replace each deferred lease block with one new lease block.
Would also call attention to the existing authority under the
Outer Continental Shelf Lands Act for the President to
designate National Defense Areas on the outer Continental Shelf
that are restricted from exploration and operation. The
amendment would also require the North Aleutian Basin lease
sale to be conducted by 2015 rather than one year after
enactment of the Act. (10 minutes)
7. Capps (CA): Would strike Section 17304, relating to oil
and gas lease sales in the Southern California planning area,
and part 4, relating to OCS revenue sharing with coastal
states. (10 minutes)
8. Bilirakis (FL): Would require the Secretary to conduct
an economic impact survey to determine the economic effects
that lease sales within 100 miles of the coast of Florida will
have on the Florida fishing and tourism industries. (10
minutes)
9. Bishop, Tim (NY), Crowley (NY), Rangel (NY), Pascrell
(NJ), Pingree (ME): Would prohibit oil and natural gas lease
sales in the northeast U.S. (10 minutes)
10. Richmond (LA): Would allow oil and gas revenues to be
used for coastal wetlands conservation, coastal restoration,
hurricane protection, or infrastructure projects directly
impacted by coastal wetland losses. Currently, H.R. 7 contains
a prohibition on how states can use oil and gas revenues.
Energy producing states use offshore oil and gas revenues to
fund their required state cost share of hurricane protection
and coastline restoration programs. (10 minutes)
11. Landry (LA), Richmond (LA): Would raise the Gulf of
Mexico Energy Security Act cap to $750 million per year
starting in year 2023 until 2055. The amendment would keep the
$500 million cap per year in place through year 2022. (10
minutes)
12. Deutch (FL): Would require a person to include in the
application for a drilling lease an estimate of the economic
impact, including job losses, resulting from a worst-case
discharge of oil from facilities operating under the lease. (10
minutes)
13. Thompson, Mike (CA), Woolsey (CA): Would clarify that
the legislation does not allow for oil and gas drilling on the
northern coast of California. (10 minutes)
14. Holt (NJ), Bass (NH), Dingell (MI), Dold (IL), Gerlach
(PA), Murphy, Christopher (CT), Kind (WI): Would affirm that
nothing in the underlying bill will affect funding for the Land
and Water Conservation Fund (LWCF). (10 minutes)
15. Hanabusa (HI): Would require that offshore oil and gas
leases contain specific safety requirements. (10 minutes)
16. Hastings, Doc (WA): Would streamline the NEPA process
to allow for expedited development of renewable energy projects
on federal lands and waters. (10 minutes)
17. Markey, Edward (MA): Would expand on the oil export ban
already included in the Arctic drilling subtitle (Sec. 17706)
to prohibit export of any natural gas produced pursuant to a
lease issued under Title XVII of this Act. (10 minutes)
18. Markey, Edward (MA): Would require companies holding
defective leases which allow them to drill on public lands off-
shore without paying a royalty, to renegotiate those leases
prior to bidding on new leases issued pursuant to Title XVII of
this Act. (10 minutes)
19. Labrador (ID): Would minimize NEPA requirements for a
geothermal exploration test project so a project can quickly
move forward if resources are found. (10 minutes)
20. Scalise (LA), Bonner (AL), Landry (LA), Miller, Jeff
(FL), Palazzo (MS), Southerland (FL), Olson (TX), Richmond
(LA): Would dedicate Clean Water Act penalties associated with
the Deepwater Horizon disaster to the Gulf Coast Restoration
Trust Fund. (10 minutes)
SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER
1. Issa (CA): Manager's Amendment. Would ensure the bill
achieves the intended discretionary savings. (10 minutes)
2. Lynch (MA): Would prevent the main provisions of Title
XVI of H.R. 7, pertaining to increased retirement contributions
for federal workers, from going into effect while federal
employees are operating under a pay freeze. Would also exclude
Members of Congress from receiving relief from the increased
retirement contributions during years in which federal
employees are subject to a pay freeze. (10 minutes)
3. Nugent (FL): Would allow members of Congress to opt-out
of participating in the Federal Employees Retirement System. It
also would allow members to contribute to the Thrift Savings
Plan without receiving a federal match to their contributions.
(10 minutes)
PART A--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Eshoo of California or
Her Designee, Debatable for 10 Minutes
In section 14003(a), add at the end the following:
(3) Ensuring public safety.--Notwithstanding
paragraphs (1) and (2), a permit shall not be issued or
deemed to have been issued under this subsection until
the Federal Energy Regulatory Commission examines and
determines the relevance to the Keystone XL pipeline of
the report issued by the Pipeline and Hazardous
Materials Safety Administration, pursuant to the
Pipeline Safety, Regulatory Certainty, and Job Creation
Act of 2011 (Public Law 112-90), describing the results
of its review of hazardous liquid pipeline regulations
and whether such regulations are sufficient to ensure
the safety of pipelines used for the transportation of
diluted bitumen.
----------
2. An Amendment To Be Offered by Representative Markey of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 903, after line 22, insert the following new paragraph:
(3) Energy security.--Notwithstanding paragraph (1),
the Federal Energy Regulatory Commission shall require
every permit issued under this Act to include
provisions that ensure that any crude oil and bitumen
transported by the Keystone XL pipeline, and all
refined petroleum fuel products whose origin was via
importation of crude oil or bitumen by the Keystone XL
pipeline, will be entered into domestic commerce for
use as a fuel, or for the manufacture of another
product, in the United States. The President may
provide for waivers of such requirement in the
following situations:
(A) Where the President determines that such
a waiver is in the national interest because
it--
(i) will not lead to an increase in
domestic consumption of crude oil or
refined petroleum products obtained
from countries hostile to United States
interests or with political and
economic instability that compromises
energy supply security;
(ii) will not lead to higher costs to
refiners who purchase the crude oil
than such refiners would have to pay
for crude oil in the absence of such a
waiver; and
(iii) will not lead to higher
gasoline costs to consumers than
consumers would have to pay in the
absence of such a waiver.
(B) Where an exchange of crude oil or refined
product provides for no net loss of crude oil
or refined product consumed domestically.
(C) Where a waiver is necessary under the
Constitution, a law, or an international
agreement.
----------
3. An Amendment To Be Offered by Representative Rush of Illinois or His
Designee, Debatable for 10 Minutes
Page 903, after line 22, insert the following new paragraph:
(3) Restriction on use of eminent domain.--
Notwithstanding paragraphs (1) and (2), a permit shall
not be issued or deemed to have been issued under this
subsection absent a condition that prohibits the permit
recipient from initiating or threatening to initiate
proceedings to invoke the power of eminent domain for
the purpose of taking ownership, rights-of-way,
easements, or other access or use of private property
in the United States, for purposes of constructing or
operating the Keystone XL pipeline, against the will of
the property's owner.
----------
4. An Amendment To Be Offered by Representative Doyle of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 906, after line 10, insert the following new section:
SEC. 14005. USE OF AMERICAN IRON AND STEEL.
Notwithstanding section 14003(a)(1) and (2), a permit shall
not be issued or deemed to have been issued under this title
unless the permit applicant certifies and provides adequate
documentation to the Federal Energy Regulatory Commission that
at least 75 percent of iron and steel to be used in the
construction of the domestic portion of the pipeline and
related facilities described in section 14002(b) is produced in
North America.
----------
5. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Beginning at page 926, line 3, strike subtitle A of title
XVII.
Page 976, line 20, strike ``50'''' and insert ``51''.
----------
6. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes
Page 935, line 7, strike ``two other lease blocks'' and
insert ``1 other lease block''.
Page 937, after line 13, insert the following:
(3) National defense areas.--The United States
reserves the right to designate by and through the
Secretary of Defense, with the approval of the
President, national defense areas on the Outer
Continental Shelf pursuant to section 12(d) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
Page 941, beginning at line 1, strike ``1 year after the date
of enactment of this Act'' and insert ``December 31, 2015''.
Page 945, line 8, strike ``two other lease blocks'' and
insert ``1 other lease block''.
Page 946, after line 22, insert the following:
(3) National defense areas.--The United States
reserves the right to designate by and through the
Secretary of Defense, with the approval of the
President, national defense areas on the outer
Continental Shelf pursuant to section 12(d) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
----------
7. An Amendment To Be Offered by Representative Capps of California or
Her Designee, Debatable for 10 Minutes
Beginning on page 938, line 3, strike section 17304.
Beginning on page 948, line 3, strike part 4.
----------
8. An Amendment To Be Offered by Representative Bilirakis of Florida or
His Designee, Debatable for 10 Minutes
Page 944, after line 22, insert the following new
subparagraph:
(D) The Secretary shall conduct, and take
into consideration the results of, an economic
impact survey to determine any adverse economic
effects that such lease sales within 100 miles
of the western coast of Florida may have on the
Florida Gulf coast fishing industry and tourism
industry.
----------
9. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
Page 948, beginning on line 3, strike part 4.
Page 954, after line 19, insert the following new section:
SEC. 176__. PROHIBITION ON LEASE SALES IN CERTAIN AREAS.
No oil and gas lease sale may be conducted for any area of
the outer Continental Shelf (as that term is defined in the
Outer Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) for
which any of the States of New York, New Jersey, Connecticut,
Rhode Island, Massachusetts, New Hampshire, or Maine is an
affected State under section 2(f)(1) of the Outer Continental
Shelf Lands Act (33 U.S.C. 1331(f)(1)).
----------
10. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes
Page 952, beginning on line 17, strike ``Federal program''
and insert ``Federal program, except in the case of a project
for coastal wetlands conservation, coastal restoration, or
hurricane protection, or an infrastructure project directly
impacted by coastal wetland losses''.
----------
11. An Amendment To Be Offered by Representative Landry of Louisiana or
His Designee, Debatable for 10 Minutes
Beginning on page 952, line 19, strike section 17501(b) and
insert the following:
(b) Limitation on Application.--Subsection (a) and the
amendment made by subsection (a) shall not affect the
application of section 105 of the Gulf of Mexico Energy
Security Act of 2006 (title I of division C of Public Law 109-
432; (43 U.S.C. 1331 note)), as in effect before the enactment
of this Act, with respect to revenues received by the United
States under oil and gas leases issued for tracts located in
the Western and Central Gulf of Mexico Outer Continental Shelf
Planning Areas, including such leases issued on or after the
date of the enactment of this Act.
(c) Amount of Distributed Qualified Outer Continental Shelf
Revenues.--Section 105(f)(1) of the Gulf of Mexico Energy
Security Act of 2006 (title I of division C of Public Law 109-
432; (43 U.S.C. 1331 note)) is amended by striking ``2055'' and
inserting ``2022, and shall not exceed $750,000,000 for each of
fiscal years 2023 through 2055''.
----------
12. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
Page 954, after line 19, insert the following:
SEC. 17603. ESTIMATE OF THE ECONOMIC IMPACT OF WORST-CASE DISCHARGE OF
OIL.
A person shall not be eligible for a lease issued under this
subtitle (including the amendments made by this subtitle)
unless the person includes in the application for the lease an
estimate of the economic impact, including job losses,
resulting from a worst-case discharge of oil from facilities
operated under the lease.
----------
13. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes
Page 954, after line 19, insert the following:
SEC. __. LIMITATION ON LEASING OFF THE COAST OF NORTHERN CALIFORNIA.
Section 8(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) is amended by adding at the end the following:
``(9) No oil and gas lease may be issued under this Act for
any area of the outer Continental Shelf for which the State of
California is an affected State under section 2(f)(1) and that
is located west of Marin, Sonoma, Mendocino, Humboldt, or Del
Norte County, California.''.
----------
14. An Amendment To Be Offered by Representative Holt of New Jersey or
His Designee, Debatable for 10 Minutes
Page 954, after line 19, insert the following:
SEC. 17603. LAND AND WATER CONSERVATION FUND LOCKBOX.
Nothing in this subtitle reduces the amount of revenues
received by the United States under oil and gas leases of areas
of the Outer Continental Shelf that is available for deposit
into the Land and Water Conservation Fund.
----------
15. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
Page 954, after line 19, add the following new section:
SEC. 17603. SAFETY REQUIREMENTS.
The Secretary of the Interior shall require that drilling
operations conducted under each lease issued under this
subtitle (including the amendments made by this subtitle) meet
requirements for--
(1) third-party certification of safety systems
related to well control, such as blowout preventers;
(2) performance of blowout preventers, including
quantitative risk assessment standards, subsea testing,
and secondary activation methods;
(3) independent third-party certification of well
casing and cementing programs and procedures;
(4) mandatory safety and environmental management
systems by operators on the outer Continental Shelf (as
that term is used in the Outer Continental Shelf Lands
Act); and
(5) procedures and technologies to be used during
drilling operations to minimize the risk of ignition
and explosion of hydrocarbons.
----------
16. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes
At the end of title XVII add the following:
Subtitle D--Streamlining Federal Review To Facilitate Renewable Energy
Projects
SEC. 17801. SHORT TITLE.
This subtitle may be cited as the ``Cutting Federal Red Tape
to Facilitate Renewable Energy Act''.
SEC. 17802. ENVIRONMENTAL REVIEW FOR RENEWABLE ENERGY PROJECTS.
(a) Compliance With NEPA for Renewable Energy Projects.--In
complying with the National Environmental Policy Act of 1969
(41 U.S.C. 4321 et seq.) with respect to any action authorizing
or facilitating a proposed renewable energy project, at the
election of the applicant a Federal agency shall--
(1) consider only the proposed action and the no
action alternative;
(2) analyze only the proposed action and the no
action alternative; and
(3) identify and analyze potential mitigation
measures only for the proposed action and the no action
alternative.
(b) Public Comment.--In complying with the National
Environmental Policy Act of 1969 with respect to a proposed
renewable energy project, a Federal agency shall only consider
public comments that specifically address the proposed action
or the no action alternative (or both) and are filed within 30
days after publication of a draft environmental assessment or
draft environmental impact statement.
(c) Definitions.--For purposes of this section:
(1) Federal waters.--The term ``Federal waters''
means waters seaward of the coastal zone (as that term
is defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)), to the limits
of the exclusive economic zone or the Outer Continental
Shelf, whichever is farther.
(2) Outer continental shelf.--The term ``Outer
Continental Shelf'' has the meaning the term ``outer
Continental Shelf'' has in the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.).
(3) Renewable energy project.--The term ``renewable
energy project'' means a project on Federal lands or in
Federal waters, including a project on the Outer
Continental Shelf, using wind, solar power, geothermal
power, biomass, or marine and hydrokinetic energy to
generate energy, that is constructed encouraging the
use of equipment and materials manufactured in the
United States.
----------
17. An Amendment To Be Offered by Representative Markey of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title XVII add the following:
Subtitle D--Miscellaneous Provisions
SEC. 17801. PROHIBITION ON EXPORT OF GAS.
Each oil and gas lease issued under this title (including
the amendments made by this title) shall prohibit the export of
gas produced under the lease.
----------
18. An Amendment To Be Offered by Representative Markey of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title XVII add the following:
Subtitle D--Miscellaneous Provisions
SEC. 17801 ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Issuance of New Leases.--
(1) In general.--Beginning in fiscal year 2013, the
Secretary of the Interior shall not accept bids on any
new leases offered pursuant to this title (including
the amendments made by this title) from a person
described in paragraph (2) unless the person has
renegotiated each covered lease with respect to which
the person is a lessee, to modify the payment
responsibilities of the person to require the payment
of royalties if the price of oil and natural gas is
greater than or equal to the price thresholds described
in clauses (v) through (vii) of section 8(a)(3)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(2) Persons described.--A person referred to in
paragraph (1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date
on which the Secretary considers the
issuance of the new lease; or
(ii) was issued a covered lease
before the date of enactment of this
Act, but transferred the covered lease
to another person or entity (including
a subsidiary or affiliate of the
lessee) after the date of enactment of
this Act; or
(B) any other person that has any direct or
indirect interest in, or that derives any
benefit from, a covered lease.
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph
(1), if there are multiple lessees that own a
share of a covered lease, the Secretary may
implement separate agreements with any lessee
with a share of the covered lease that modifies
the payment responsibilities with respect to
the share of the lessee to include price
thresholds that are equal to or less than the
price thresholds described in clauses (v)
through (vii) of section 8(a)(3)(C) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(B) Treatment of share as covered lease.--
Beginning on the effective date of an agreement
under subparagraph (A), any share subject to
the agreement shall not constitute a covered
lease with respect to any lessees that entered
into the agreement.
(b) Transfers.--A lessee or any other person who has any
direct or indirect interest in, or who derives a benefit from,
a covered lease shall not be eligible to obtain by sale or
other transfer (including through a swap, spinoff, servicing,
or other agreement) any new lease offered pursuant to this
title (including the amendments made by this title) or the
economic benefit of any such new lease, unless the lessee or
other person has--
(1) renegotiated each covered lease with respect to
which the lessee or person is a lessee, to modify the
payment responsibilities of the lessee or person to
include price thresholds that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or
(2) entered into an agreement with the Secretary to
modify the terms of all covered leases of the lessee or
other person to include limitations on royalty relief
based on market prices that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(c) Definitions.--In this section--
(1) Covered lease.--The term ``covered lease'' means
a lease for oil or gas production in the Gulf of Mexico
that is--
(A) in existence on the date of enactment of
this Act;
(B) issued by the Department of the Interior
under section 304 of the Outer Continental
Shelf Deep Water Royalty Relief Act (43 U.S.C.
1337 note; Public Law 104-58); and
(C) not subject to limitations on royalty
relief based on market price that are equal to
or less than the price thresholds described in
clauses (v) through (vii) of section 8(a)(3)(C)
of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person
or other entity that controls, is controlled by, or is
in or under common control with, a lessee.
(3) New lease.--The term ``new lease'' means a lease
issued in a lease sale under this title or the
amendments made by this title.
----------
19. An Amendment To Be Offered by Representative Labrador of Idaho or
His Designee, Debatable for 10 Minutes
At the end of title XVII add the following:
Subtitle D--Promotion of Timely Exploration for Geothermal Resources
SEC. 17801. SHORT TITLE.
This subtitle may be cited as the ``Exploring for Geothermal
Energy on Federal Lands Act''.
SEC. 17802. GEOTHERMAL EXPLORATION NOTICE AND EXCLUSION.
(a) Definition of Geothermal Exploration Test Project.--In
this section the term ``geothermal exploration test project''
means the drilling of a well to test or explore for geothermal
resources on lands leased by the Department of the Interior for
the development and production of geothermal resources, that--
(1) is carried out by the holder of the lease;
(2) causes--
(A) less than 5 acres of soil or vegetation
disruption at the location of each geothermal
exploration well; and
(B) not more than an additional 5 acres of
soil or vegetation disruption during access or
egress to the test site;
(3) is developed--
(A) no deeper than 2,500 feet;
(B) less than 8 inches in diameter;
(C) in a manner that does not require off-
road motorized access other than to and from
the well site along an identified off-road
route for which notice is provided to the
Secretary of the Interior under subsection (c);
(D) without construction of new roads other
than upgrading of existing drainage crossings
for safety purposes; and
(E) with the use of rubber-tired digging or
drilling equipment vehicles;
(4) is completed in less than 45 days, including the
removal of any surface infrastructure from the site;
and
(5) requires the restoration of the project site
within 3 years to approximately the condition that
existed at the time the project began, unless the site
is subsequently used as part of energy development on
the lease.
(b) NEPA Exclusion.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to a project that the Secretary of the
Interior determines under subsection (c) is a geothermal
exploration test project.
(c) Notice of Intent; Review and Determination.--
(1) Requirement to provide notice.--A leaseholder
intending to carry out a geothermal exploration test
project shall provide notice to the Secretary of the
Interior not later than 30 days prior to the start of
drilling under the project.
(2) Review of project.--The Secretary shall by not
later than 10 days after receipt of a notice of intent
under paragraph (1) from a leaseholder--
(A) review the project described in the
notice and determine whether it is a geothermal
exploration test project under subsection (a);
and
(B) notify the leaseholder--
(i) that under subsection (b) of this
section, section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) does not
apply to the project; or
(ii) that section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) applies to
the project, including clear and
detailed findings on any deficiencies
in the project that preclude the
application of subsection (b) of this
section to the project.
(3) Opportunity to remedy.--If the Secretary provides
notice under paragraph (2)(B)(ii) that section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) applies to the project, the
Secretary shall provide the leaseholder an opportunity
to remedy the deficiencies described in the notice
prior to the date the leaseholder intended to start of
drilling under the project.
----------
20. An Amendment To Be Offered by Representative Scalise of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following (and conform the
table of contents accordingly):
TITLE XVIII--RESTORE ACT
SECTION 18001. SHORT TITLE.
This title may be cited as the ``Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012''.
SEC. 18002. FINDINGS.
Congress finds that--
(1) as a result of decades of oil and gas development
in the Gulf of Mexico, producing and nonproducing
States in the Gulf Coast region have borne substantial
risks of environmental damage and economic harm, all of
which culminated with the explosion on, and sinking of,
the mobile offshore drilling unit Deepwater Horizon;
(2) the discharge of oil in the Gulf of Mexico that
began following the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon has
caused substantial environmental destruction and
economic harm to the people and communities of the Gulf
Coast region;
(3)(A) in the report entitled ``America's Gulf
Coast--A Long Term Recovery Plan after the Deepwater
Horizon Oil Spill'', the Secretary of the Navy stated,
``Together, the Gulf's tourism and commercial and
recreational fishing industries contribute tens of
billions of dollars to the [United States] economy.
More than 90 percent of the [N]ation's offshore crude
oil and natural gas is produced in the Gulf, and the
[F]ederal treasury receives roughly $4.5 billion
dollars every year from offshore leases and royalties.
And it is in the Gulf of Mexico that nearly one third
of seafood production in the continental [United
States] is harvested. America needs a healthy and
resilient Gulf Coast, one that can support the diverse
economies, communities, and cultures of the region.'';
(B) to address the needs of the Gulf Coast region,
the Secretary of the Navy stated, ``It is recommended
that the President urge Congress to pass legislation
that would dedicate a significant amount of any civil
penalties recovered under the [Federal Water Pollution
Control Act] from parties responsible for the Deepwater
Horizon oil spill to those directly impacted by that
spill.''; and
(C) to mitigate local challenges and help restore the
resiliency of communities adversely affected by the
spill, the Secretary of the Navy stated that the
legislation described in subparagraph (B) should
``[b]uild economic development strategies around
community needs, and take particular efforts to address
the needs of disadvantaged, underserved, and resource
constrained communities'';
(4) in a final report to the President, the National
Commission on the BP Deepwater Horizon Oil Spill and
Offshore Drilling--
(A) stated, ``Estimates of the cost of Gulf
restoration, including but not limited to the
Mississippi Delta, vary widely, but according
to testimony before the Commission, full
restoration of the Gulf will require $15
billion to $20 billion: a minimum of $500
million annually for 30 years.''; and
(B) like the Secretary of the Navy,
recommended that, to meet the needs described
in subparagraph (A), a substantial portion of
applicable penalties under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
be dedicated to long-term restoration of the
Gulf of Mexico;
(5) taking into account the risks borne by Gulf Coast
States for decades of oil and gas development and the
environmental degradation suffered by the Gulf Coast
region, the amounts received by the United States as
payment of administrative, civil, or criminal penalties
in connection with the explosion on, and sinking of,
the mobile offshore drilling unit Deepwater Horizon
should be expended--
(A) to restore the natural resources,
ecosystems, fisheries, marine and wildlife
habitats, beaches, barrier islands, dunes,
coastal wetlands, and economy of the Gulf
Coast; and
(B) to address the associated economic harm
suffered by the people and communities of the
region;
(6) the projects and programs authorized by this
title and the amendments made by this title should be
carried out pursuant to contracts awarded in a manner
that provides a preference to individuals and entities
that reside in, are headquartered in, or are
principally engaged in business in a Gulf Coast State;
and
(7) Federal, State, and local officials should seek--
(A) to leverage the financial resources made
available under this title; and
(B) to the maximum extent practicable, to
ensure that projects funded pursuant to this
title complement efforts planned or in
operation to revitalize the natural resources
and economic health of the Gulf Coast region.
SEC. 18003. GULF COAST RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of
the United States a trust fund to be known as the ``Gulf Coast
Restoration Trust Fund'' (referred to in this section as the
``Trust Fund''), consisting of such amounts as are deposited in
the Trust Fund under this section or any other provision of
law.
(b) Transfers.--The Secretary of the Treasury shall deposit
in the Trust Fund an amount equal to 80 percent of all
administrative and civil penalties paid by responsible parties
after the date of enactment of this title in connection with
the explosion on, and sinking of, the mobile offshore drilling
unit Deepwater Horizon pursuant to a court order, negotiated
settlement, or other instrument in accordance with section 311
of the Federal Water Pollution Control Act (33 U.S.C. 1321).
(c) Expenditures.--Amounts in the Trust Fund, including
interest earned on advances to the Trust Fund and proceeds from
investment under subsection (d), shall be available, pursuant
to a future Act of Congress enacted after the date of enactment
of this Act--
(1) for expenditure to restore the Gulf Coast region
from the Deepwater Horizon oil spill for undertaking
projects and programs in the Gulf Coast region that
would restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats,
beaches, coastal wetlands, and economy of the Gulf
Coast region; and
(2) solely to Gulf Coast States and coastal political
subdivisions to restore the ecosystems and economy of
the Gulf Coast region.
(d) Investment.--Amounts in the Trust Fund shall be invested
in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such
investment shall be available for expenditure in accordance
with this section.
(e) Definitions.--In this section:
(1) Coastal political subdivision.--The term
``coastal political subdivision'' means any local
political jurisdiction that is immediately below the
State level of government, including a county, parish,
or borough, with a coastline that is contiguous with
any portion of the United States Gulf of Mexico.
(2) Deepwater horizon oil spill.--The term
``Deepwater Horizon oil spill'' means the blowout and
explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment.
(3) Gulf coast region.--The term ``Gulf Coast
region'' means--
(A) in the Gulf Coast States, the coastal
zones (as that term is defined in section 304
of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)) that border the Gulf of Mexico;
(B) any adjacent land, water, and watersheds,
that are within 25 miles of those coastal zones
of the Gulf Coast States; and
(C) all Federal waters in the Gulf of Mexico.
(4) Gulf coast state.--The term ``Gulf Coast State''
means any of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Issa of California or
His Designee, Debatable for 10 Minutes
Page 913, strike line 6 and all that follows through page
915, line 14, and insert the following:
SEC. 16002. RETIREMENT CONTRIBUTIONS.
(a) Civil Service Retirement System.--
(1) Individual contributions.--Section 8334(c) of
title 5, United States Code, is amended--
(A) by striking ``(c) Each'' and inserting
``(c)(1) Each''; and
(B) by adding at the end the following:
``(2)(A) Notwithstanding any other provision of this
subsection, the applicable percentage of basic pay under this
subsection shall, for purposes of computing an amount--
``(i) for a period in calendar year 2013, 2014, or
2015, be equal to the applicable percentage under this
subsection for the preceding calendar year (including
as increased under this paragraph), plus an additional
0.5 percentage point; and
``(ii) for a period in any calendar year after 2015,
be equal to the applicable percentage under this
subsection for calendar year 2015 (as determined under
clause (i)).
``(B)(i) Notwithstanding subsection (a)(2), any excess
contributions under subsection (a)(1)(A) (including the portion
of any deposit under this subsection allocable to excess
contributions) shall, if made by an employee of the United
States Postal Service or the Postal Regulatory Commission, be
deposited to the credit of the Postal Service Fund under
section 2003 of title 39, rather than the Civil Service
Retirement and Disability Fund.
``(ii) For purposes of this subparagraph, the term `excess
contributions' means, with respect to an employee of the United
States Postal Service or the Postal Regulatory Commission, the
amount by which--
``(I) deductions from basic pay of such employee
which are made under subsection (a)(1)(A), exceed
``(II) deductions from basic pay of such employee
which would have been so made if subparagraph (A) had
not been enacted.''.
(2) Government contributions.--Section 8334(a)(1)(B)
of title 5, United States Code, is amended--
(A) in clause (i), by striking ``Except as
provided in clause (ii),'' and inserting
``Except as provided in clause (ii) or
(iii),''; and
(B) by adding at the end the following:
``(iii) The amount to be contributed under clause (i) shall,
with respect to any period in any year beginning after December
31, 2012, be determined as if subsection (c)(2) had not been
enacted.''.
(b) Federal Employees' Retirement System.--
(1) Individual contributions.--Section 8422(a)(3) of
title 5, United States Code, is amended--
(A) by striking ``(3) The'' and inserting
``(3)(A) The''; and
(B) by adding at the end the following:
``(B) Notwithstanding any other provision of this paragraph,
the applicable percentage under this paragraph shall, for
purposes of computing any amount--
``(i) for a period in calendar year 2013, 2014, or
2015, be equal to the applicable percentage under this
paragraph for the preceding calendar year (including as
increased under this subparagraph, if applicable), plus
an additional 0.5 percentage point; and
``(ii) for a period in any calendar year after 2015,
be equal to the applicable percentage under this
paragraph for calendar year 2015 (as determined under
clause (i)).''.
(2) Government contributions.--Section 8423(a)(2) of
title 5, United States Code, is amended--
(A) by striking ``(2)'' and inserting
``(2)(A)''; and
(B) by adding at the end the following:
``(B)(i) For purposes of any period in any year beginning
after December 31, 2012, the normal-cost percentage under this
subsection shall be determined and applied as if section
8422(a)(3)(B) had not been enacted, subject to clauses (ii) and
(iii).
``(ii) Any contributions under this subsection in excess of
the amounts which (but for clause (i)) would otherwise have
been payable shall be applied toward reducing the unfunded
liability of the Civil Service Retirement System.
``(iii) After the unfunded liability of the Civil Service
Retirement System has been eliminated, as determined by the
Office, Government contributions under this subsection shall be
determined and made disregarding this subparagraph.
``(iv) The preceding provisions of this subparagraph shall be
disregarded for purposes of determining the contributions
payable by the United States Postal Service and the Postal
Regulatory Commission.''.
Page 917, after line 4, insert the following new subsection
(and make all necessary conforming changes):
(c) Government Contributions.--Section 8423(a)(2)(B) (as
added by section 16002(b)) is amended in clause (i) by striking
``section 8422(a)(3)(B)'' and inserting ``subparagraphs (B) and
(C) of section 8422(a)(3)''.
----------
2. An Amendment To Be Offered by Representative Lynch of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 915, after line 14, insert the following:
(c) Effect of a Pay Freeze.--
(1) In general.--Notwithstanding any other provision
of this section, if, in calendar year 2013 or any
subsequent calendar year, rates of basic pay are not
increased by reason of section 147 of the Continuing
Appropriations Act, 2011 (hereinafter in this
subsection referred to as a ``pay-freeze year''),
individual and Government contributions under the
provisions of law amended by this section shall be
determined in accordance with the following:
(A) In any calendar year after 2012 which is
a pay-freeze year, individual and Government
retirement contributions shall be determined
under the provisions of law which applied in
the last year which was not a pay-freeze year.
(B) Beginning in the first year following a
pay-freeze year (or, in the case of a series of
pay-freeze years, the last of them), individual
and Government contributions shall be
determined under applicable provisions of law
(as amended by this section)--
(i) applying the percentages which
would otherwise have applied in the
pay-freeze year (or, in the case of a
series of pay-freeze years, the first
of them); and
(ii) determining the percentages for
subsequent years accordingly.
(2) Exception.--Nothing in paragraph (1) shall affect
the application of the amendments made by subsections
(a) and (b) with respect to the individual or
Government contributions payable in the case of Members
of Congress (as defined by sections 8331 and 8401 of
title 5, United States Code).
----------
3. An Amendment To Be Offered by Representative Nugent of Florida or
His Designee, Debatable for 10 Minutes
At the end of title XVI (page 925, after line 21), add the
following new section:
SEC. 16007. GRANTING MEMBERS OF CONGRESS THE OPTION TO DECLINE CERTAIN
BENEFITS.
(a) Federal Employees Retirement System Opt Out.--Section
8401(20) of title 5, United States Code, is amended by striking
``, and who'' and all that follows through ``2004''.
(b) Thrift Savings Plan Agency Contribution Opt Out.--Section
8432(c) of such title is amended by adding at the end the
following:
``(4)(A) Notwithstanding any other provision of this
subsection, contributions under paragraphs (1) through
(3) may not be made in the case of any Member who makes
an election under subparagraph (B).
``(B) Any Member may, by written notice to the
official by whom such Member is paid, elect not to
receive contributions under this subsection. An
election under this subparagraph--
``(i) shall be effective with respect to pay
periods beginning on or after the date on which
such election is made; and
``(ii) shall be irrevocable.''.