[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1529

   To direct the Assistant to the President for Homeland Security to 
     establish the National Energy Infrastructure Security Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2001

 Ms. Landrieu introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Assistant to the President for Homeland Security to 
     establish the National Energy Infrastructure Security Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Energy Infrastructure 
Security Program Establishment Act''.

SEC. 2. NATIONAL ENERGY INFRASTRUCTURE SECURITY PROGRAM.

    (a) Definitions.--In this section:
            (1) Approved state plan.--The term ``approved State plan'' 
        means a State plan approved by the Assistant under subsection 
        (c)(3).
            (2) Assistant.--The term ``Assistant'' means the Assistant 
        to the President for Homeland Security.
            (3) Coastal zone.--The term ``coastal zone'' has the 
        meaning given the term in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453).
            (4) Coastline.--The term ``coastline'' has the meaning 
        given the term ``coast line'' in section 2 of the Submerged 
        Lands Act (43 U.S.C. 1301).
            (5) Critical energy infrastructure facility.--The term 
        ``critical energy infrastructure facility'' means--
                    (A) an electric generating facility;
                    (B) a hydroelectric facility;
                    (C) an electric transmission facility;
                    (D) a petroleum or natural gas pipeline;
                    (E) an energy production facility;
                    (F) a refinery or chemical processing plant;
                    (G) a transportation or distribution facility;
                    (H) a port, rig, or platform;
                    (I) any other energy infrastructure facility as 
                determined by the Assistant; and
                    (J) a related facility that carries out a public 
                service or infrastructure activity critical to the 
                operation of an energy infrastructure facility 
                described in any of subparagraphs (A) through (I), as 
                determined by the Assistant.
            (6) Distance.--The term ``distance'' means the minimum 
        great circle distance, measured in statute miles.
            (7) Fund.--The term ``Fund'' means the National Energy 
        Infrastructure Security Trust Fund established by subsection 
        (d).
            (8) Leased tract.--
                    (A) In general.--The term ``leased tract'' means a 
                tract that--
                            (i) is subject to a lease under section 6 
                        or 8 of the Outer Continental Shelf Lands Act 
                        (43 U.S.C. 1335, 1337) for the purpose of 
                        drilling for, developing, and producing oil or 
                        natural gas resources; and
                            (ii) consists of a block, a portion of a 
                        block, a combination of blocks or portions of 
                        blocks, or a combination of portions of blocks, 
                        as--
                                    (I) specified in the lease; and
                                    (II) depicted on an outer 
                                Continental Shelf official protraction 
                                diagram.
                    (B) Exclusion.--The term ``leased tract'' does not 
                include a tract described in subparagraph (A) that is 
                located in a geographic area subject to a leasing 
                moratorium on January 1, 2001, unless the lease was in 
                production on that date.
            (9) Producing coastal state.--The term ``producing coastal 
        State'' means--
                    (A) the State of--
                            (i) Alaska;
                            (ii) Alabama;
                            (iii) California;
                            (iv) Florida;
                            (v) Louisiana;
                            (vi) Mississippi; or
                            (vii) Texas; and
                    (B) any other State with a coastal seaward boundary 
                within 200 miles of the geographic center of a leased 
                tract.
            (10) Production.--The term ``production'' has the meaning 
        given the term in section 2 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331).
            (11) Program.--The term ``program'' means the National 
        Energy Infrastructure Security Program established under 
        subsection (b).
            (12) Qualified outer continental shelf revenues.--
                    (A) In general.--The term ``qualified Outer 
                Continental Shelf revenues'' means all funds received 
                by the United States from each leased tract--
                            (i) that lies--
                                    (I) seaward of the zone covered by 
                                section 8(g) of the Outer Continental 
                                Shelf Lands Act (43 U.S.C. 1337(g)); or
                                    (II) within that zone, but to which 
                                section 8(g) of that Act does not 
                                apply; and
                            (ii) the geographic center of which lies 
                        within a distance of 200 miles of any part of 
                        the coastline of a producing coastal State.
                    (B) Inclusions.--The term ``qualified Outer 
                Continental Shelf revenues'' includes bonus bids, 
                rents, royalties (including payments for royalty taken 
                in kind and sold), net profit share payments, and 
                related late-payment interest from natural gas and oil 
                leases issued under the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1331 et seq.).
            (13) State.--The term ``State'' means any of the States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the Commonwealth of the Northern Mariana Islands, the 
        Virgin Islands of the United States, and any territory of the 
        United States.
            (14) State plan.--The term ``State plan'' means a State 
        plan described in subsection (b).
    (b) Establishment.--The Assistant shall establish a program, to be 
known as the ``National Energy Infrastructure Security Program'', under 
which the Assistant shall provide funds to States to implement approved 
State plans to provide security against hostile and natural threats to 
critical energy infrastructure facilities.
    (c) State Plans.--
            (1) Initial plan.--Not later than 180 days after the date 
        of enactment of this Act, to be eligible to receive funds under 
        the program, the Governor of a State shall submit to the 
        Assistant--
                    (A) a plan to provide security against hostile and 
                natural threats to critical energy infrastructure 
                facilities in the State; and
                    (B) a request for an amount of Federal funds to 
                carry out the State plan.
            (2) Revised plans.--
                    (A) First revised plan.--Not later than 18 months 
                after the date of enactment of this Act, the Governor 
                of a State shall submit to the Assistant a revised 
                State plan.
                    (B) Annual reviews.--Not later than 1 year after 
                the date of submission of the revised plan under 
                subparagraph (A) and annually thereafter, the Governor 
                of a State shall--
                            (i) review the approved State plan; and
                            (ii) submit to the Assistant any revised 
                        State plan resulting from the review.
            (3) Approval of plans.--
                    (A) In general.--In consultation with appropriate 
                Federal security officials and the Secretaries of 
                Commerce, Energy and Interior, the Assistant shall--
                            (i) approve each State plan; or
                            (ii) recommend changes to the State plan.
                    (B) Resubmission of state plans.--If the Assistant 
                recommends changes to a State plan under subparagraph 
                (A)(ii), the Governor of the State may resubmit a 
                revised State plan to the Assistant for approval.
            (4) Availability of plans.--
                    (A) Availability to the public.--The Assistant, in 
                consultation with the Governor of a State, shall 
                determine whether and to what extent the approved State 
                plan shall be made public.
                    (B) Availability to congress.--The Assistant shall 
                provide to Congress, on a confidential basis, a copy of 
                each approved State plan.
            (5) Consultation and public comment.--
                    (A) Consultation.--The Governor of a State shall 
                develop the State plan in consultation with Federal, 
                State, and local law enforcement and public safety 
                officials, industry, Indian tribes, the scientific 
                community, and other persons as appropriate.
                    (B) Public comment.--The Governor of a State may 
                solicit public comments on the State plan to the extent 
                that the Governor determines to be appropriate.
    (d) National Energy Infrastructure Security Trust Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be used in carrying out this 
        section, to be known as the ``National Energy Infrastructure 
        Security Trust Fund'', consisting of--
                    (A) such amounts as are appropriated to the Fund 
                under paragraph (2); and
                    (B) any interest earned on investment of amounts in 
                the Fund under paragraph (4).
            (2) Transfers to fund.--There are appropriated to the Fund 
        amounts equivalent to 50 percent of qualified Outer Continental 
        Shelf revenues.
            (3) Expenditures from fund.--
                    (A) In general.--Subject to subparagraph (B), upon 
                request by the Assistant or the Secretary of the 
                Interior and without further appropriation, the 
                Secretary of the Treasury shall transfer from the Fund 
                to the Assistant or the Secretary of the Interior such 
                amounts as are necessary to make allocations to States 
                under subsection (g).
                    (B) Administrative expenses.--An amount not 
                exceeding 1 percent of the amounts in the Fund shall be 
                available in each fiscal year to pay the administrative 
                expenses necessary to carry out the program.
            (4) Investment of amounts.--
                    (A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    (B) Acquisition of obligations.--For the purpose of 
                investments under subparagraph (A), obligations may be 
                acquired--
                            (i) on original issue at the issue price; 
                        or
                            (ii) by purchase of outstanding obligations 
                        at the market price.
                    (C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    (D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            (5) Transfers of amounts.--
                    (A) In general.--The amounts required to be 
                transferred to the Fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    (B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    (e) Allocation of Amounts From the Fund.--
            (1) In general.--For each fiscal year, the Assistant shall 
        allocate the amounts transferred to the Fund for the preceding 
        fiscal year as follows:
                    (A) 70 percent of the amounts shall be allocated by 
                the Assistant in accordance with paragraph (2) to 
                States to carry out activities under approved State 
                plans in areas that are not coastal zones.
                    (B) 30 percent of the amounts shall be allocated by 
                the Secretary of the Interior in accordance with 
                paragraph (3) to producing coastal States to carry out 
                activities under approved State coastal zone plans 
                under subsection (f)(1) in coastal zones of the 
                producing coastal States.
            (2) Allocation of amounts by assistant.--In determining 
        what portion of the amounts described in paragraph (1)(A) to 
        allocate to each State, the Assistant shall consider--
                    (A) the extent to which the State contains 
                infrastructure facilities that are most vulnerable to 
                human or natural threats;
                    (B) the extent to which the State contains 
                facilities that, if disrupted, would threaten--
                            (i) critical national security facilities;
                            (ii) the largest populations;
                            (iii) the national, regional, or local 
                        economies;
                            (iv) pristine habitats; or
                            (v) national cultural, historical, or 
                        religious sites;
                    (C) other financial resources available to the 
                State assist in the implementation of the approved 
                State plan; and
                    (D) other appropriate factors.
            (3) Allocation of amounts by secretary of the interior.--
        The Secretary of the Interior shall allocate the amounts 
        described in paragraph (1)(B) among producing coastal States as 
        follows:
                    (A) 60 percent of the amounts shall be divided 
                equally among producing coastal States.
                    (B) 40 percent of the amounts shall be divided 
                among producing coastal States on the basis of the 
                proximity of each producing coastal State to offshore 
                locations at which oil and gas are being produced.
    (f) Use of Amounts Allocated by Secretary of the Interior.--
            (1) Coastal zone plans.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, to be eligible to 
                receive amounts allocated by the Secretary of the 
                Interior under subsection (e)(3), the Governor of a 
                producing coastal State shall submit to the Secretary 
                of the Interior and the Secretary of Commerce a plan to 
                provide security against human and natural threats to 
                critical energy infrastructure facilities in coastal 
                zones of the producing coastal State.
                    (B) Development of plans.--Each coastal zone plan 
                under subparagraph (A) shall be developed and approved 
                in the same manner as a State plan is developed under 
                subsection (c).
            (2) Use of amounts.--
                    (A) In general.--Amounts allocated by the Secretary 
                of the Interior under subsection (e)(3) may be used 
                only for--
                            (i) activities to secure critical energy 
                        infrastructure facilities in a coastal zone 
                        from human or natural threats; and
                            (ii) support of any necessary public 
                        service activities that are needed to maintain 
                        the safety and operation of critical energy 
                        infrastructure facilities.
                    (B) Restoration of coastal wetland.--For the 
                purpose of subparagraph (A)(i), restoration of coastal 
                wetland shall be considered to be an activity that 
                secures critical energy infrastructure facilities in a 
                coastal zone from a natural threat.
    (g) Termination of Authority.--The authority provided by this 
section terminates effective on the date that is 6 years after the date 
of enactment of this Act.
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