[Congressional Record Volume 156, Number 104 (Wednesday, July 14, 2010)]
[Senate]
[Pages S5851-S5858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARPER (for himself and Mr. Bennett):
S. 3579. A bill to protect information relating to consumers, to
require notice of security breaches, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. CARPER. Mr. President, I rise today with my colleague Senator
Bennett to introduce an important and bipartisan piece of legislation
that will help protect American's from identity and financial theft.
As you may have heard in the news, in 2009 Heartland Payment
Systems--a national company that processes payments for retailers and
restaurants located in nearly all 50 states--was hacked, leaving
possibly 100 million people at risk of identity fraud or financial
theft. These types of scenarios happen more than we would like and have
the potential to keep American's from getting a loan, a new bank
account, or--in worst case scenarios--from even paying the monthly
bills. This situation is simply unacceptable and this bill will help
address these serious problems.
Our bill requires entities such as financial institutions, retailers,
and Federal agencies to safeguard sensitive information before it is
compromised, investigate possible security breaches, and to notify
customers when there is a substantial risk of identity theft or account
fraud.
For example, these new requirements would apply to retailers who take
credit card information, data brokers who compile private information,
and government agencies that possess nonpublic personal information.
My colleague and I modeled our legislation after the data security
and breach-response regime established under the Gramm-Leach-Bliley Act
of 1999, and subsequent regulations. It also builds on existing law to
better ensure federal and state regulators comply with the law and to
make certain that data security procedures are uniformly applied.
Lastly, we need to replace the current patchwork of State and Federal
regulations for identity theft with a national law, like this one, that
provides uniform protections across the country. Our comprehensive
approach will better serve consumers by making it easier for businesses
and government agencies to take the steps necessary to adequately
protect all Americans from identity theft and account fraud.
I look forward to working with my colleagues to get this important
and necessary bill enacted before it is too late. I think everyone can
agree that our identities and bank accounts are some of the most
important aspects of our lives and that, if stolen, can at a minimum
make life extremely difficult.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3579
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 ``Data Security Act of 2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) Affiliate.--The term ``affiliate'' means any company
that controls, is controlled by, or is under common control
with another company.
(2) Agency.--The term ``agency'' has the same meaning as in
section 551(1) of title 5, United States Code.
(3) Breach of data security.--
(A) In general.--The term ``breach of data security'' means
the unauthorized acquisition of sensitive account information
or sensitive personal information.
(B) Exception for data that is not in usable form.--
(i) In general.--The term ``breach of data security'' does
not include the unauthorized acquisition of sensitive account
information or sensitive personal information that is
maintained or communicated in a manner that is not usable--
(I) to commit identity theft; or
(II) to make fraudulent transactions on financial accounts.
(ii) Rule of construction.--For purposes of this
subparagraph, information that is maintained or communicated
in a manner that is not usable includes any information that
is maintained or communicated in an encrypted, redacted,
altered, edited, or coded form.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Consumer.--The term ``consumer'' means an individual.
(6) Consumer reporting agency that compiles and maintains
files on consumers on a nationwide basis.--The term
``consumer reporting agency that compiles and maintains files
on consumers on a nationwide basis'' has the same meaning as
in section 603(p) of the Fair Credit Reporting Act (15 U.S.C.
1681a(p)).
(7) Covered entity.--
(A) In general.--The term ``covered entity'' means any--
[[Page S5852]]
(i) entity, the business of which is engaging in financial
activities, as described in section 4(k) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(k));
(ii) financial institution, including any institution
described in section 313.3(k) of title 16, Code of Federal
Regulations, as in effect on the date of enactment of this
Act;
(iii) entity that maintains or otherwise possesses
information that is subject to section 628 of the Fair Credit
Reporting Act (15 U.S.C. 1681w); or
(iv) other individual, partnership, corporation, trust,
estate, cooperative, association, or entity that maintains or
communicates sensitive account information or sensitive
personal information.
(B) Exception.--The term ``covered entity'' does not
include any agency or any other unit of Federal, State, or
local government or any subdivision of such unit.
(8) Financial institution.--The term ``financial
institution'' has the same meaning as in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(9) Sensitive account information.--The term ``sensitive
account information'' means a financial account number
relating to a consumer, including a credit card number or
debit card number, in combination with any security code,
access code, password, or other personal identification
information required to access the financial account.
(10) Sensitive personal information.--
(A) In general.--The term ``sensitive personal
information'' means the first and last name, address, or
telephone number of a consumer, in combination with any of
the following relating to such consumer:
(i) Social security account number.
(ii) Driver's license number or equivalent State
identification number.
(iii) Taxpayer identification number.
(B) Exception.--The term ``sensitive personal information''
does not include publicly available information that is
lawfully made available to the general public from--
(i) Federal, State, or local government records; or
(ii) widely distributed media.
(11) Substantial harm or inconvenience.--
(A) In general.--The term ``substantial harm or
inconvenience'' means--
(i) material financial loss to, or civil or criminal
penalties imposed on, a consumer, due to the unauthorized use
of sensitive account information or sensitive personal
information relating to such consumer; or
(ii) the need for a consumer to expend significant time and
effort to correct erroneous information relating to the
consumer, including information maintained by a consumer
reporting agency, financial institution, or government
entity, in order to avoid material financial loss, increased
costs, or civil or criminal penalties, due to the
unauthorized use of sensitive account information or
sensitive personal information relating to such consumer.
(B) Exception.--The term ``substantial harm or
inconvenience'' does not include--
(i) changing a financial account number or closing a
financial account; or
(ii) harm or inconvenience that does not result from
identity theft or account fraud.
SEC. 3. PROTECTION OF INFORMATION AND SECURITY BREACH
NOTIFICATION.
(a) Security Procedures Required.--
(1) In general.--Each covered entity shall implement,
maintain, and enforce reasonable policies and procedures to
protect the confidentiality and security of sensitive account
information and sensitive personal information which is
maintained or is being communicated by or on behalf of a
covered entity, from the unauthorized use of such information
that is reasonably likely to result in substantial harm or
inconvenience to the consumer to whom such information
relates.
(2) Limitation.--Any policy or procedure implemented or
maintained under paragraph (1) shall be appropriate to the--
(A) size and complexity of a covered entity;
(B) nature and scope of the activities of such entity; and
(C) sensitivity of the consumer information to be
protected.
(b) Investigation Required.--
(1) In general.--If a covered entity determines that a
breach of data security has or may have occurred in relation
to sensitive account information or sensitive personal
information that is maintained or is being communicated by,
or on behalf of, such covered entity, the covered entity
shall conduct an investigation--
(A) to assess the nature and scope of the breach;
(B) to identify any sensitive account information or
sensitive personal information that may have been involved in
the breach; and
(C) to determine if such information is reasonably likely
to be misused in a manner causing substantial harm or
inconvenience to the consumers to whom the information
relates.
(2) Neural networks and information security programs.--In
determining the likelihood of misuse of sensitive account
information under paragraph (1)(C), a covered entity shall
consider whether any neural network or security program has
detected, or is likely to detect or prevent, fraudulent
transactions resulting from the breach of security.
(c) Notice Required.--If a covered entity determines under
subsection (b)(1)(C) that sensitive account information or
sensitive personal information involved in a breach of data
security is reasonably likely to be misused in a manner
causing substantial harm or inconvenience to the consumers to
whom the information relates, such covered entity, or a third
party acting on behalf of such covered entity, shall--
(1) notify, in the following order--
(A) the appropriate agency or authority identified in
section 5;
(B) an appropriate law enforcement agency;
(C) any entity that owns, or is obligated on, a financial
account to which the sensitive account information relates,
if the breach involves a breach of sensitive account
information;
(D) each consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, if the
breach involves sensitive personal information relating to
5,000 or more consumers; and
(E) all consumers to whom the sensitive account information
or sensitive personal information relates; and
(2) take reasonable measures to restore the security and
confidentiality of the sensitive account information or
sensitive personal information involved in the breach.
(d) Compliance.--
(1) In general.--A financial institution shall be deemed to
be in compliance with--
(A) subsection (a), and any regulations prescribed under
such subsection, if such institution maintains policies and
procedures to protect the confidentiality and security of
sensitive account information and sensitive personal
information that are consistent with the policies and
procedures of such institution that are designed to comply
with the requirements of section 501(b) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6801(b)) and any regulations or
guidance prescribed under that section that are applicable to
such institution; and
(B) subsections (b) and (c), and any regulations prescribed
under such subsections, if such institution--
(i)(I) maintains policies and procedures to investigate and
provide notice to consumers of breaches of data security that
are consistent with the policies and procedures of such
institution that are designed to comply with the
investigation and notice requirements established by
regulations or guidance under section 501(b) of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801(b)) that are applicable to
such institution; or
(II) is an affiliate of a bank holding company that
maintains policies and procedures to investigate and provide
notice to consumers of breaches of data security that are
consistent with the policies and procedures of a bank that is
an affiliate of such institution, and that bank's policies
and procedures are designed to comply with the investigation
and notice requirements established by any regulations or
guidance under section 501(b) of the Gramm-Leach-Bliley Act
(15 U.S.C. 6801(b)) that are applicable to that bank; and
(ii) provides for notice to the entities described under
subparagraphs (B), (C), and (D) of subsection (c)(1), if
notice is provided to consumers pursuant to the policies and
procedures of such institution described in clause (i).
(2) Definitions.--For purposes of this subsection, the
terms ``bank holding company'' and ``bank'' shall have the
same meaning given such terms under section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841).
SEC. 4. IMPLEMENTING REGULATIONS.
(a) In General.--Except as provided under section 6, the
agencies and authorities identified in section 5, with
respect to the covered entities that are subject to the
respective enforcement authority of such agencies and
authorities, shall prescribe regulations to implement this
Act.
(b) Coordination.--Each agency and authority required to
prescribe regulations under subsection (a) shall consult and
coordinate with each other agency and authority identified in
section 5 so that, to the extent possible, the regulations
prescribed by each agency and authority are consistent and
comparable.
(c) Method of Providing Notice to Consumers.--The
regulations required under subsection (a) shall--
(1) prescribe the methods by which a covered entity shall
notify a consumer of a breach of data security under section
3; and
(2) allow a covered entity to provide such notice by--
(A) written, telephonic, or e-mail notification; or
(B) substitute notification, if providing written,
telephonic, or e-mail notification is not feasible due to--
(i) lack of sufficient contact information for the
consumers that must be notified; or
(ii) excessive cost to the covered entity.
(d) Content of Consumer Notice.--The regulations required
under subsection (a) shall--
(1) prescribe the content that shall be included in a
notice of a breach of data security that is required to be
provided to consumers under section 3; and
(2) require such notice to include--
(A) a description of the type of sensitive account
information or sensitive personal information involved in the
breach of data security;
(B) a general description of the actions taken by the
covered entity to restore the security and confidentiality of
the sensitive account information or sensitive personal
information involved in the breach of data security; and
[[Page S5853]]
(C) the summary of rights of victims of identity theft
prepared by the Commission under section 609(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681g), if the breach of data
security involves sensitive personal information.
(e) Timing of Notice.--The regulations required under
subsection (a) shall establish standards for when a covered
entity shall provide any notice required under section 3.
(f) Law Enforcement Delay.--The regulations required under
subsection (a) shall allow a covered entity to delay
providing notice of a breach of data security to consumers
under section 3 if a law enforcement agency requests such a
delay in writing.
(g) Service Providers.--The regulations required under
subsection (a) shall--
(1) require any party that maintains or communicates
sensitive account information or sensitive personal
information on behalf of a covered entity to provide notice
to that covered entity if such party determines that a breach
of data security has, or may have, occurred with respect to
such information; and
(2) ensure that there is only 1 notification responsibility
with respect to a breach of data security.
(h) Timing of Regulations.--The regulations required under
subsection (a) shall--
(1) be issued in final form not later than 6 months after
the date of enactment of this Act; and
(2) take effect not later than 6 months after the date on
which they are issued in final form.
SEC. 5. ADMINISTRATIVE ENFORCEMENT.
(a) In General.--Section 3, and the regulations required
under section 4, shall be enforced exclusively under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) a national bank, a Federal branch or Federal agency of
a foreign bank, or any subsidiary thereof (other than a
broker, dealer, person providing insurance, investment
company, or investment adviser), by the Office of the
Comptroller of the Currency;
(B) a member bank of the Federal Reserve System (other than
a national bank), a branch or agency of a foreign bank (other
than a Federal branch, Federal agency, or insured State
branch of a foreign bank), a commercial lending company owned
or controlled by a foreign bank, an organization operating
under section 25 or 25A of the Federal Reserve Act (12 U.S.C.
601,604), or a bank holding company and its nonbank
subsidiary or affiliate (other than a broker, dealer, person
providing insurance, investment company, or investment
adviser), by the Board of Governors of the Federal Reserve
System;
(C) a bank, the deposits of which are insured by the
Federal Deposit Insurance Corporation (other than a member of
the Federal Reserve System), an insured State branch of a
foreign bank, or any subsidiary thereof (other than a broker,
dealer, person providing insurance, investment company, or
investment adviser), by the Board of Directors of the Federal
Deposit Insurance Corporation; and
(D) a savings association, the deposits of which are
insured by the Federal Deposit Insurance Corporation, or any
subsidiary thereof (other than a broker, dealer, person
providing insurance, investment company, or investment
adviser), by the Director of the Office of Thrift
Supervision;
(2) the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the National Credit Union Administration Board with
respect to any federally insured credit union;
(3) the Securities Exchange Act of 1934 (15 U.S.C.78a et
seq.), by the Securities and Exchange Commission with respect
to any broker or dealer;
(4) the Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.), by the Securities and Exchange Commission with respect
to any investment company;
(5) the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et
seq.), by the Securities and Exchange Commission with respect
to any investment adviser registered with the Securities and
Exchange Commission under that Act;
(6) the Commodity Exchange Act (7 U.S.C. 1 et seq.), by the
Commodity Futures Trading Commission with respect to any
futures commission merchant, commodity trading advisor,
commodity pool operator, or introducing broker;
(7) the provisions of title XIII of the Housing and
Community Development Act of 1992 (12 U.S.C. 4501 et seq.),
by the Director of Federal Housing Enterprise Oversight (and
any successor to such functional regulatory agency) with
respect to the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, and any other entity
or enterprise (as defined in that title) subject to the
jurisdiction of such functional regulatory agency under that
title, including any affiliate of any such enterprise;
(8) State insurance law, in the case of any person engaged
in providing insurance, by the applicable State insurance
authority of the State in which the person is domiciled; and
(9) the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), by the Commission for any other covered entity that is
not subject to the jurisdiction of any agency or authority
described under paragraphs (1) through (8).
(b) Extension of Federal Trade Commission Enforcement
Authority.--The authority of the Commission to enforce
compliance with section 3, and the regulations required under
section 4, under subsection (a)(8) shall--
(1) notwithstanding the Federal Aviation Act of 1958 (49
U.S.C. App. 1301 et seq.), include the authority to enforce
compliance by air carriers and foreign air carriers; and
(2) notwithstanding the Packers and Stockyards Act (7
U.S.C. 181 et seq.), include the authority to enforce
compliance by persons, partnerships, and corporations subject
to the provisions of that Act.
(c) No Private Right of Action.--
(1) In general.--This Act, and the regulations prescribed
under this Act, may not be construed to provide a private
right of action, including a class action with respect to any
act or practice regulated under this Act.
(2) Civil and criminal actions.--No civil or criminal
action relating to any act or practice governed under this
Act, or the regulations prescribed under this Act, shall be
commenced or maintained in any State court or under State
law, including a pendent State claim to an action under
Federal law.
SEC. 6. PROTECTION OF INFORMATION AT FEDERAL AGENCIES.
(a) Data Security Standards.--Each agency shall implement
appropriate standards relating to administrative, technical,
and physical safeguards--
(1) to insure the security and confidentiality of the
sensitive account information and sensitive personal
information that is maintained or is being communicated by,
or on behalf of, that agency;
(2) to protect against any anticipated threats or hazards
to the security of such information; and
(3) to protect against misuse of such information, which
could result in substantial harm or inconvenience to a
consumer.
(b) Security Breach Notification Standards.--Each agency
shall implement appropriate standards providing for
notification of consumers when such agency determines that
sensitive account information or sensitive personal
information that is maintained or is being communicated by,
or on behalf of, such agency--
(1) has been acquired without authorization; and
(2) is reasonably likely to be misused in a manner causing
substantial harm or inconvenience to the consumers to whom
the information relates.
SEC. 7. RELATION TO STATE LAW.
No requirement or prohibition may be imposed under the laws
of any State with respect to the responsibilities of any
person to--
(1) protect the security of information relating to
consumers that is maintained or communicated by, or on behalf
of, such person;
(2) safeguard information relating to consumers from
potential misuse;
(3) investigate or provide notice of the unauthorized
access to information relating to consumers, or the potential
misuse of such information for fraudulent, illegal, or other
purposes; or
(4) mitigate any loss or harm resulting from the
unauthorized access or misuse of information relating to
consumers.
SEC. 8. DELAYED EFFECTIVE DATE FOR CERTAIN PROVISIONS.
(a) Covered Entities.--Sections 3 and 7 shall take effect
on the later of--
(1) 1 year after the date of enactment of this Act; or
(2) the effective date of the final regulations required
under section 4.
(b) Agencies.--Section 6 shall take effect 1 year after the
date of enactment of this Act.
______
By Mr. LUGAR:
S. 3581. A bill to implement certain defense trade treaties; to the
Committee on Foreign Relations.
Mr. LUGAR. Mr. President, I rise today to introduce the Defense Trade
Treaty Implementation Act of 2010.
The purpose of this bill is to provide authority to implement two
treaties on defense trade cooperation currently pending before the
Senate--one with the United Kingdom and one with Australia. These
treaties would facilitate defense cooperation with two close allies by
eliminating licensing requirements for certain categories of defense
articles.
I have long supported the objectives of these treaties. Indeed, in
2003--before the treaties were negotiated--I introduced legislation
that would have provided the President the authority to waive licensing
requirements for similar defense trade with the United Kingdom and
Australia.
Subsequently, the Bush administration negotiated these treaties, and
they were submitted to the Senate in 2007. To date, the Senate has not
been able to act on the treaties, in significant part because of
confusion and uncertainty about how they would be implemented and
enforced in U.S. law.
This legislation would address the problem by providing clear
legislative authority under the Arms Export Control Act to implement
and enforce the treaties. In particular, it would provide authority to
exempt from licensing requirements under the Arms Export Control Act
exports of defense articles made in connection with the treaties.
[[Page S5854]]
It would provide authority for the President to issue regulations
pursuant to the Arms Export Control Act to implement and enforce the
treaties. It would provide authority to allow violations or abuses of
the treaty to be prosecuted under enforcement provisions of the Arms
Export Control Act. It would provide for notification to the Congress
of significant exports of defense articles made pursuant to the
treaties.
Previous efforts by both the Bush and Obama administrations to
develop a viable approach for implementing and enforcing the treaties
without new legislation have been unsuccessful to date, and have
created unfortunate delays in bringing these treaties into force. I
believe that this legislation will put the implementation and
enforcement of the treaties on a far sounder and more certain footing,
and eliminate the confusion that has led to these delays.
I look forward to working with other members and with the
administration on this legislation. It is my hope that passage of this
legislation, together with a resolution of advice and consent to the
treaties containing appropriate protections for the Senate's role in
overseeing arms exports and approving significant future changes to the
treaty regime, may allow the treaties to enter into force this year.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3581
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 ``Defense Trade Treaty
Implementation Act of 2010''.
SEC. 2. EXEMPTION FROM REQUIREMENTS FOR BILATERAL AGREEMENTS.
Section 38(j)(1) of the Arms Export Control Act (22 U.S.C.
2778(j)(1)) is amended--
(1) in the subparagraph heading for subparagraph (B), by
inserting ``for canada'' after ``Exception''; and
(2) by adding at the end the following new subparagraph:
``(C) Exception for defense trade cooperation treaties.--
The requirement to conclude a bilateral agreement in
accordance with subparagraph (A) shall not apply with respect
to an exemption from the licensing requirements of this Act
for the export of defense items to give effect to any of the
following defense trade cooperation treaties, provided that
the treaty has entered into force pursuant to Article II,
Section 2, clause 2 of the Constitution of the United States:
``(i) The Treaty Between the Government of the United
States of America and the Government of the United Kingdom of
Great Britain and Northern Ireland Concerning Defense Trade
Cooperation, done at Washington and London June 21 and 26,
2007 (and any implementing arrangement thereto).
``(ii) The Treaty Between the Government of the United
States of America and the Government of Australia Concerning
Defense Trade Cooperation, done at Sydney September 23, 2007
(and any implementing arrangement thereto).''.
SEC. 3. ENFORCEMENT.
(a) Criminal Violations.--Section 38(c) of such Act is
amended by striking ``this section or section 39, or any rule
or regulation issued under either section'' and inserting
``this section, section 39, a treaty referred to in
subsection (j)(1)(C), or any rule or regulation issued under
this section or section 39, including any rule or regulation
issued under this section to implement or enforce a treaty
referred to in subsection (j)(1)(C) or an implementing
arrangement pursuant to such treaty''.
(b) Enforcement Powers of President.--Section 38(e) of such
Act is amended by striking ``defense services,'' and
inserting ``defense services, including defense articles and
defense services exported or imported pursuant to a treaty
referred to in subsection (j)(1)(C),''.
(c) Notification Regarding Exemptions From Licensing
Requirements.--Section 38(f) of such Act is amended by adding
at the end the following new paragraph:
``(4) Paragraph (2) shall not apply with respect to an
exemption under subsection (j)(1)(A) to give effect to a
treaty referred to in subsection (j)(1)(C) (and any
implementing arrangements to such treaty), provided that the
President promulgates regulations to implement and enforce
such treaty under this section and section 39.''.
SEC. 4. CONGRESSIONAL NOTIFICATION.
(a) Eligibility for Defense Articles or Defense Articles.--
Section 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) is
amended by inserting after ``approved under section 38 of
this Act'' the following: ``or has been exempted from the
licensing requirements of this Act pursuant to section 38(j)
of this Act''.
(b) Presidential Certifications.--
(1) Export licenses.--Section 36(c) of such Act (22 U.S.C.
2776(c)) is amended by adding at the end the following new
paragraph:
``(6) An export pursuant to a treaty referred to in section
38(j)(1)(C) of this Act to which the provisions of paragraph
(1) would apply absent an exemption granted under section
38(j)(1) of this Act shall not take place until 15 days after
the President has submitted a certification with respect to
such export in a similar manner, and containing comparable
information, as required under paragraph (1).''.
(2) Commercial technical assistance or manufacturing
licensing agreements.--Section 36(d) of such Act (22 U.S.C.
2776(d)) is amended by adding at the end the following new
paragraph:
``(6) An export pursuant to a treaty referred to in section
38(j)(1)(C) of this Act to which the provisions of paragraph
(1) would apply absent an exemption granted under section
38(j)(1) of this Act shall not take place until 15 days after
the President has submitted a certification with respect to
such export in a similar manner, and containing comparable
information, as required under paragraph (1).''.
SEC. 5. IMPLEMENTING REGULATIONS.
The President is authorized to issue regulations pursuant
to the Arms Export Control Act (22 U.S.C. 2751 et seq.) to
implement and enforce the Treaty Between the Government of
the United States of America and the Government of the United
Kingdom of Great Britain and Northern Ireland Concerning
Defense Trade Cooperation, done at Washington and London June
21 and 26, 2007 (and any implementing arrangement thereto),
and the Treaty Between the Government of the United States of
America and the Government of Australia Concerning Defense
Trade Cooperation, done at Sydney September 23, 2007 (and any
implementing arrangement thereto), consistent with other
applicable provisions of the Arms Export Control Act, as
amended by this Act, and with the terms of any resolution of
advice and consent adopted by the Senate with respect to
either treaty.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or in the Treaty Between the
Government of the United States of America and the Government
of the United Kingdom of Great Britain and Northern Ireland
Concerning Defense Trade Cooperation, done at Washington and
London on June 21 and 26, 2007 (and any implementing
arrangement thereto), or in the Treaty Between the Government
of the United States of America and the Government of
Australia Concerning Defense Trade Cooperation, done at
Sydney, September 23, 2007 (and any implementing arrangement
thereto), or in any regulation issued to implement either
treaty, shall be construed to modify or supersede any
provision of law or regulation other than the Arms Export
Control Act (22 U.S.C. 2751 et seq.), as amended by this Act,
and regulations issued pursuant to such Act.
______
By Mr. UDALL of Colorado (for himself and Mr. Bennet):
S. 3585. A bill to amend title 10, United States Code, to reform
Department of Defense energy policy, and for other purposes; to the
Committee on Armed Services.
Mr. UDALL of Colorado. Mr. President, today I am introducing
legislation to help the Pentagon turn energy from a source of risk to a
source of advantage. The Department of Defense, DOD, Energy Security
Act would decrease the Pentagon's consumption of petroleum, reduce
reliance on the grid, and help plan for the future. All of this would
help achieve an important goal that we all support: enhancing our
national security.
I am grateful to my former colleague on the House Armed Services
Committee, Representative Gabrielle Giffords of Arizona, who introduced
the counterpart bill in the House of Representatives. I am also
grateful to Senator Bennet for cosponsoring this legislation. I look
forward to continuing to work with both of them on this important
legislation and on this important issue.
As a member of the Senate Armed Services Committee and of the Energy
and Natural Resources Committee, I have focused on the intersection of
defense and energy for some time.
The United States is the world's largest consumer of energy. We
depend on foreign imports for nearly 60 percent of our oil. Nearly
every military challenge we face is either derived from or impacted by
our reliance on fossil fuels and foreign energy sources.
The Pentagon is a large microcosm of this even larger problem. The
U.S. military is the single largest consumer of energy in the world--
consuming more energy per day than 85 percent of the world's countries.
It is the largest electricity consumer in the federal government and
the single largest buyer of fuel in the United States--using 2 percent
of our total national consumption.
Energy supply security affects DOD's ability to accomplish its
mission, and
[[Page S5855]]
efforts to secure supply lines and deliver fuel in-theater directly
result in the deaths of service members charged with protecting it. But
our military's reliance is not just on the battlefield. At home,
defense facilities rely on a fragile national grid, leaving critical
assets vulnerable. The Defense Science Board found in its 2008 report
``More Fight--Less Fuel'' that ``critical national security and
homeland defense missions are at an unacceptably high risk of extended
outage from failure of the grid.''
The Pentagon's energy consumption has serious national security
implications, but it also presents opportunities. As the Logistics
Management Institute wrote, ``Aggressively developing and applying
energy-saving technologies to military applications would potentially
do more to solve the most pressing long-term challenges facing DOD and
our national security than any other single investment area.''
That is why I am introducing this legislation. The Department of
Defense Energy Security Act addresses energy supply and use by
decreasing consumption by facilities and vehicles and increasing the
use of renewable electricity sources to relieve the Department's
reliance on external power sources. In addition, the bill sets
overarching policies to implement sustainable acquisition practices,
sets new DOD Energy Performance Goals, and requires DOD to develop an
Energy Performance Plan and an implementation assessment for
accomplishing its goal of deriving 25 percent of its electricity from
renewable sources by 2025.
Utilizing alternative energy sources and energy efficiency
technologies can help our military increase energy reliability and
reduce its dependence on oil; improve efficiency in operations,
platforms, and vehicles; reduce the costs to taxpayers of military-
consumed electricity and fuel; expand portable clean technology options
for use in combat and logistics; act as an anchor customer for the
alternative fuels and energy efficiency industries; and reduce grid
vulnerabilities at our military installations.
Reducing our reliance on fossil fuels and foreign sources of energy
is a goal we all share. Helping the Defense Department achieve this
goal should be a national priority. I urge my colleagues--of both
parties--to join me in supporting this legislation.
______
By Mr. REID (for himself, Mr. Tester, Mr. Merkley, Mr. Udall of
Colorado, and Mr. Begich):
S. 3586. A bill to promote the mapping and development of United
States geothermal resources by establishing a direct loan program for
high risk geothermal exploration wells; to the Committee on Energy and
Natural Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3586
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 ``Geothermal Exploration Act
of 2010''.
SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Geothermal
Investment Fund established under subsection (h).
(2) Program.--The term ``program'' means the direct loan
program for high risk geothermal exploration wells
established under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy
(b) Establishment.--The Secretary shall establish a direct
loan program for high risk geothermal exploration wells.
(c) Applications.--An applicant that seeks to receive a
loan under the program may submit to the Secretary an
application for the loan at such time, in such form, and
containing such information as the Secretary may prescribe.
(d) Project Criteria.--
(1) In general.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall consider--
(A) the potential for unproven geothermal resources that
would be explored and developed under a project;
(B) the expertise and experience of an applicant in
developing geothermal resources; and
(C) the importance of the project in meeting the goals of
the Department of Energy.
(2) Preference.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall provide a preference for previously
unexplored, underexplored, or unproven geothermal resources
in a variety of geologic and geographic settings.
(e) Data Sharing.--Data from all exploratory wells that are
carried out under the program shall be provided to the
Secretary and the Secretary of the Interior for use in
mapping national geothermal resources and other uses,
including--
(1) subsurface geologic data;
(2) metadata;
(3) borehole temperature data; and
(4) inclusion in the National Geothermal Data System of the
Department of Energy.
(f) Administration.--
(1) Cost share.--
(A) In general.--The Secretary shall determine the cost
share for a loan made under this section.
(B) Higher risks.--The Secretary may base the cost share
percentage for loans made under this section on a sliding
scale, with higher Federal shares awarded to projects with
higher risks.
(2) Number of wells.--The Secretary shall determine the
number of wells for each selected geothermal project for
which a loan may be made under this section.
(3) Unproductive projects.--The Secretary may grant further
delays or dispense with the repayment obligation on a
demonstration that a selected geothermal project is
unproductive.
(g) Loan Repayment.--
(1) Commencement.--The recipient of a loan made under this
section for a geothermal facility shall commence repayment of
the loan beginning on the earlier of--
(A) the date that is 4 years after the date the loan is
made; or
(B) the date on which the geothermal facility enters into
commercial production.
(2) Term.--
(A) In general.--Except as provided in subparagraph (B),
the term of a loan made under this section shall be 4 years
beginning on the applicable loan repayment commencement date
under paragraph (1).
(B) Extension.--The Secretary may extend the term of a loan
under this section for not more than 4 years.
(3) Use of loan repayments.--Amounts repaid on loans made
under this section shall be deposited in the Fund.
(h) Geothermal Investment Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``Geothermal Investment Fund'', to be administered by the
Secretary, to be available without fiscal year limitation and
not subject to appropriation, to carry out this section.
(2) Transfers to fund.--The Fund shall consist of such
amounts as are appropriated to the Fund under subsection (j).
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purpose described in
paragraph (1).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2011, the
Secretary of Energy shall submit to the the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report on the operation of the Fund during the fiscal year.
(B) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(i) A statement of the amounts deposited into the Fund.
(ii) A description of the expenditures made from the Fund
for the fiscal year, including the purpose of the
expenditures.
(iii) Recommendations for additional authorities to fulfill
the purpose of the Fund.
(iv) A statement of the balance remaining in the Fund at
the end of the fiscal year.
(i) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop guidelines
for the implementation of the program.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2011 through 2020.
______
By Mr. REID (for himself and Mr. Tester):
S. 3587. A bill to require the Secretary of the Interior to establish
a competitive leasing program for wind and solar energy development on
Federal land, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3587
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 ``Clean Energy, Community
Investment, and Wildlife Conservation Act''.
[[Page S5856]]
SEC. 2. DEVELOPMENT OF WIND AND SOLAR ENERGY ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means any
Federal land under the administrative jurisdiction of the
Bureau of Land Management or the Forest Service.
(2) Fund.--The term ``Fund'' means the Renewable Energy
Mitigation and Fish and Wildlife Fund established by section
3(b).
(3) Pilot program.--The term ``pilot program'' means the
wind and solar leasing pilot program established under
subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State within the
boundaries of which income is derived under a lease issued
under this section.
(b) Wind and Solar Leasing Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a wind
and solar leasing pilot program for Federal land.
(2) Selection of sites.--
(A) In general.--Not later than 90 days after the date on
which the pilot program is established, the Secretary shall
select not fewer than 2 sites that are appropriate for the
development of a solar energy project, and not fewer than 2
sites that are appropriate for the development of a wind
energy project, on Federal land as part of the pilot program.
(B) Site selection.--In carrying out subparagraph (A), the
Secretary shall seek to select sites on Federal land--
(i) for which there is likely to be a high level of
industry interest; and
(ii) that has comparatively low value for other resources.
(C) Exclusions.--For purposes of this Act only, Federal
land suitable for wind and solar development does not
include--
(i) any unit of the National Wildlife Refuge System;
(ii) any component of the National Wild and Scenic Rivers
System;
(iii) any part of the National Landscape Conservation
System;
(iv) any designated wilderness area, wilderness study area,
or other area managed for wilderness characteristics;
(v) any inventoried roadless area within the National
Forest System;
(vi) any National Historic Landmark;
(vii) any National Historic District or an Archaeological
District eligible for or listed in the National Register of
Historic Places; or
(viii) other sensitive land, as determined by the
Secretary.
(D) Coordination with counties.--In selecting sites under
the pilot program, the Secretary shall--
(i) coordinate site selection activities with the county
and State land management and wildlife agencies in whose
jurisdiction the Federal land is located; and
(ii) take into consideration local land use planning and
zoning requirements and recommendations.
(3) Consultation.--In establishing the pilot program and
the wind or solar leasing programs under subsection (c), the
Secretary shall consult with--
(A) appropriate Federal agencies, including the Department
of Defense;
(B) affected States and counties;
(C) Indian tribes;
(D) representatives of the wind and solar industries;
(E) representatives of the environmental, conservation, and
fish and wildlife conservation communities;
(F) representatives of the motorized and nonmotorized
outdoor recreation communities;
(G) representatives of the ranching and agricultural
communities; and
(H) the public.
(4) Wind and solar lease sales.--
(A) In general.--Except as provided in subparagraph
(C)(ii), not later than 180 days after the date on which
sites are selected under paragraph (2), the Secretary shall
offer each site for competitive leasing to qualified bidders
under such terms and conditions as are required by the
Secretary.
(B) Bidding systems.--In offering the sites for lease, the
Secretary--
(i) may vary the bidding systems to be used at each lease
sale; but
(ii) shall limit bidding to 1 round in any lease sale.
(C) Lease terms.--
(i) In general.--As part of the pilot program, the
Secretary may vary the length of the lease terms and
establish such other lease terms and conditions as the
Secretary considers appropriate.
(ii) Data collection.--As part of the pilot program, the
Secretary shall--
(I) offer on a noncompetitive basis on at least 1 site a
short-term lease for data collection; and
(II) on the expiration of the short-term lease, offer on a
competitive basis a long-term lease, giving credit toward the
bonus bid to the holder of the short-term lease for any
qualified expenditures to collect data to develop the site
during the short-term lease.
(D) Qualifications.--Prior to any lease sale, the Secretary
shall establish qualifications for bidders that ensures
bidders--
(i) are able to expeditiously develop a wind or solar
energy project on the site for lease; and
(ii) possess--
(I) financial resources necessary to complete a project;
(II) knowledge of the applicable technology; and
(III) such other qualifications as determined appropriate
by the Secretary.
(5) Compliance with laws.--In offering for lease the
selected sites under (4), the Secretary shall comply with all
applicable environmental and other laws.
(6) Report.--The Secretary shall--
(A) compile a report of the results of each lease sale
under the pilot program, including--
(i) the level of competitive interest;
(ii) a summary of bids and revenues received; and
(iii) any other factors that may have impacted the lease
sale process; and
(B) not later than 90 days after the final lease sale,
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives the report described in subparagraph
(A).
(c) Leasing Program for Wind and Solar Energy.--
(1) Determinations.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall determine whether
to establish leasing programs under this section for wind and
solar energy.
(B) Requirements.--Not later than 180 days after the date
on which any determination under subparagraph (A) is made,
the Secretary shall establish a leasing program if the
Secretary determines that the program--
(i) is in the public interest; and
(ii) provides an effective means of developing wind or
solar energy on Federal land.
(C) Report.--If the Secretary determines that a leasing
program should not be established, not later than 60 days
after the date of the determination, 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 describing the reasons and
findings for that determination.
(2) Leases for certain federal land.--
(A) In general.--If the Secretary makes the determination
to establish a leasing program under this section, except as
provided in subparagraph (B) and pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.), the Secretary may develop policy and
regulations for, and issue leases on, Federal land under the
administrative jurisdiction of the Bureau of Land Management
and the Forest Service.
(B) Exception.--The Secretary may not issue any lease on
National Forest System land under subparagraph (A) over the
objection of the Secretary of Agriculture.
(3) Consultation and considerations.--In making the
determinations required under this subsection, the Secretary
shall--
(A) consult with--
(i) appropriate Federal agencies, including the Department
of Defense;
(ii) affected States and counties;
(iii) Indian tribes;
(iv) representatives of the wind and solar industry;
(v) representatives of the environmental, conservation, and
fish and wildlife conservation communities;
(vi) representatives of the motorized and nonmotorized
outdoor recreation communities;
(vii) representatives of the ranching and agricultural
communities; and
(viii) the public; and
(B) consider the results of the report provided under
subsection (b)(6) and the results of the pilot program.
(4) Requirements.--If the Secretary determines under this
subsection that a leasing program should be established, the
program shall be carried out in accordance with subsections
(d) through (i).
(d) Competitive Leases.--
(1) In general.--Except as provided in paragraph (2),
leases for wind or solar energy development under this
section shall be issued on a competitive basis with a single
round of bidding in any lease sale.
(2) Exceptions.--Paragraph (1) shall not apply to Federal
land if the Secretary determines that--
(A) there is no competitive interest for the Federal land;
(B) the public interest would not be served by the
competitive issuance of a lease;
(C) the lease is for the placement and operation of a
meteorological or data collection facility or for the
development or demonstration of a new wind or solar
technology and has a term of not more than 5 years;
(D) meteorological testing tower or other data collection
device has been installed under an approved easement,
special-use permit, or right-of-way issued before the date of
enactment of this Act; or
(E) the Federal land is eligible to be granted a
noncompetitive lease under subsection (e)(3).
(e) Transition to Leasing.--
(1) In general.--The Secretary shall continue to accept
applications for rights-of-way, review the applications, and
provide for the issuance of rights-of-way for the development
of wind or solar energy on Federal land in accordance with
each requirement described in title V of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)
during the pilot program and until the
[[Page S5857]]
Secretary determines to establish wind and solar leasing
programs under subsection (c).
(2) Administration.--If the Secretary determines under
subsection (c) that a leasing program should be established,
the Secretary shall provide for a reasonable transition from
the use of rights-of-way to leases, taking into account
paragraphs (3) and (4) and the status of the project,
including whether--
(A) rights-of-way for testing or construction have been
granted;
(B) a plan of development has been submitted; or
(C) a draft environmental impact statement has been
published.
(3) Existing rights-of-way.--
(A) In general.--Effective beginning on the date on which
the wind and solar leasing programs are established, the
Secretary shall not renew an existing right-of-way
authorization for wind and solar energy development at the
end of the term of the authorization.
(B) Lease.--
(i) In general.--Subject to clause (ii), at the end of the
term of the right-of-way authorization for the wind or solar
energy project, the Secretary may grant, without a
competitive process, a lease to the holder of the right-of-
way for the same Federal land as was authorized under the
right-of-way authorization.
(ii) Terms and conditions.--Any lease described in clause
(i) shall be subject to the terms and conditions generally
applicable to other lease sales for similar projects at the
time the lease is issued.
(4) Pending rights-of-way.--Effective beginning on the date
on which the wind and solar leasing programs are established,
the Secretary may provide any applicant that has filed a plan
of development for a right-of-way for a wind or solar energy
project with an option to acquire a noncompetitive lease,
under such terms and conditions as are required by this
section and the Secretary, for the same Federal land included
in the plan of development, if--
(A) the plan of development has been determined by the
Secretary to be adequate for the initiation of environmental
review; and
(B) granting the lease is consistent with all applicable
land use planning, environmental, and other laws.
(f) Requirements.--If the Secretary establishes a leasing
program under subsection (c), the Secretary shall ensure that
any activity under the wind and solar leasing program is
carried out in a manner that--
(1) is consistent with all applicable land use planning,
environmental, and other laws; and
(2) provides for--
(A) safety;
(B) protection of the environment;
(C) prevention of waste;
(D) diligent development of the resource, with specific
milestones determined by the Secretary;
(E) coordination with applicable Federal agencies;
(F) use of best management practices, including planning
and practices for mitigation of impacts;
(G) public notice and comment on any proposal submitted for
a lease under this section;
(H) oversight, inspection, research, monitoring, and
enforcement relating to a lease under this section;
(I) protection of fish and wildlife habitat; and
(J) efficient use of water resources.
(g) Lease Duration, Suspension, and Cancellation.--
(1) In general.--If the Secretary establishes a leasing
program under subsection (c), subject to paragraph (2), the
Secretary shall establish terms and conditions for the
duration, issuance, transfer, renewal, suspension, and
cancellation of a lease under this section.
(2) Minimum term.--A wind or solar project with a total
capacity of 100 megawatts or more shall be leased for not
less than 30 years under this section.
(h) Security.--If the Secretary establishes a leasing
program under subsection (c), the Secretary shall require the
holder of a lease issued under this section--
(1) to furnish a reclamation bond or other form of security
determined to be appropriate by the Secretary;
(2) on completion of the activities authorized by the
lease--
(A) to restore the Federal land that is subject to the
lease to the condition in which the Federal land existed
before the lease was granted; or
(B) to conduct mitigation activities (or payment of funds
to be transferred to the Fund in lieu of the activities) if
the Secretary determines that restoration of the Federal land
to the condition described in subparagraph (A) is
impracticable; and
(3) to comply with such other requirements as the Secretary
considers necessary to protect the interests of the public
and the United States.
(i) Best Management Practices.--The Secretary shall--
(1) establish best management practices to ensure the
sound, efficient, and environmentally responsible development
of wind and solar resources on the Federal land in a manner
that will minimize consumptive water use, and avoid,
minimize, and mitigate actual and anticipated impacts to fish
and wildlife habitat and ecosystem function, resulting from
development under a lease issued under this section; and
(2) include--
(A) provisions in the lease requiring renewable energy
operators to comply with the practices established under
paragraph (1); and
(B) such other provisions as the Secretary considers
appropriate.
(j) Payments.--
(1) In general.--The Secretary shall establish royalties,
fees, rentals, bonuses, or other payments to ensure a fair
return to the United States, States, and counties for any
right-of-way or lease issued for a wind or solar project on
Federal land.
(2) Collection of payments.--
(A) In general.--Prior to the collection of royalties under
paragraph (4), the Secretary shall collect payments for wind
and solar projects in accordance with section 504(g) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1764(g)).
(B) Exception.--Wind or solar energy leases issued under
this section shall not be subject to the rental fee exemption
for rights-of-way under section 504(g) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1764(g)).
(3) Bonus bids.--The Secretary may grant credit toward any
bonus bid for a qualified expenditure by the holder of a
lease described in subsection (d)(2)(C) in any competitive
lease sale held for a long-term lease covering the same
Federal land covered by the lease described in subsection
(d)(2)(C).
(4) Royalties.--Except as provided in paragraph (6), the
Secretary shall develop and enforce a royalty on electricity
produced by wind and solar projects on Federal land that--
(A) encourages production of wind or solar energy;
(B) encourages the maximum energy generation using the
least quantity of Federal land and other natural resources,
including water;
(C) ensures a fair return (comparable to the return that
would be obtained on State and private land) to the public,
States, and counties eligible to receive a portion of the
revenues under section 3(a); and
(D) encourages the use of energy storage technologies that
increase the capacity factor of wind or solar energy
generation facilities.
(5) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a
rulemaking for wind energy and solar energy royalty rates.
(6) Royalty relief.--Subject to paragraph (2)(B), to
promote the greatest generation of renewable energy, the
Secretary may, until fiscal year 2040, provide that no
royalty or a reduced royalty is required for a period not to
exceed 5 years beginning on the date on which wind or solar
generation is initially commenced on the Federal land.
(k) Segregation From Appropriation Under Mining and Federal
Land Laws.--
(1) In general.--On selection of Federal land for leasing
under this section, the Secretary may temporarily segregate
the selected Federal land from appropriation under the mining
and public land laws.
(2) Administration.--Segregation of Federal land under this
subsection--
(A) may only be made for a period of not to exceed 10
years; and
(B) shall be subject to valid existing rights as of the
date of the segregation.
SEC. 3. DISPOSITION OF REVENUE.
(a) Distribution of Proceeds and Payments.--
(1) In general.--Effective beginning on the date of
enactment of this Act, all amounts collected by the Secretary
as royalties, fees, rentals, bonuses, or other payments for
wind and solar projects on Federal land, including any fees
associated with wind and solar energy rights-of-way, shall be
distributed as follows:
(A) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the
income is derived.
(B) 25 percent shall be paid by the Secretary of the
Treasury to the 1 or more counties within the boundaries of
which the income is derived.
(C) 15 percent shall--
(i) for the period beginning on the date of enactment of
this Act and ending on the date specified in clause (ii), be
deposited in the Treasury of the United States to help
facilitate the processing of renewable energy permits by the
Bureau of Land Management, subject to paragraph (2)(A)(i),
including the transfer of the funds by the Bureau of Land
Management to other Federal and State agencies to facilitate
the processing of renewable energy permits on Federal land;
and
(ii) beginning on the date that is 10 years after the date
of enactment of this Act, be deposited in the Fund.
(D) 35 percent shall be deposited in the Fund.
(2) Limitations.--
(A) Renewable energy permits.--For purposes of clause (i)
of paragraph (1)(C):
(i) Not more than $50,000,000 shall be deposited in the
Treasury at any 1 time under that clause.
(ii) The following shall be deposited in the Fund:
(I) Any amounts collected under that subclause that are not
obligated by the date specified in paragraph (1)(C)(ii).
(II) Any amounts that exceed the $50,000,000 deposit limit
under clause (i).
(III) Any amounts provided by the lease holder pursuant to
section 2(h)(2)(B).
[[Page S5858]]
(B) Fund.--Any amounts deposited in the Fund under
subparagraph (A)(ii) or paragraph (1)(C)(ii) shall be in
addition to amounts deposited in the Fund under paragraph
(1)(D).
(3) Availability of funds.--Funds under this subsection
shall be available for expenditure without further
appropriation and without fiscal year limitation.
(b) Renewable Energy Mitigation and Fish and Wildlife
Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Renewable
Energy Mitigation and Fish and Wildlife Fund'', to be
administered by the Secretary, for use in the State.
(2) Use of funds.--Amounts in the Fund shall be available
to the Secretary, who may make the amounts available to the
State, Federal agencies, or other interested parties for the
purposes of--
(A) mitigating impacts of renewable energy on Federal land,
including--
(i) protecting fish and wildlife corridors and other
sensitive land; and
(ii) restoring fish and wildlife habitat; and
(iii) securing recreational access to Federal land through
easement, right of way, or fee title acquisition from willing
sellers for the purpose of providing enhanced public access
to existing Federal land that is inaccessible or
significantly restricted; and
(B) carrying out activities authorized under the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.) in the State.
(3) Availability of amounts.--Amounts in the Fund shall be
available for expenditure, in accordance with this
subsection, without further appropriation, and without fiscal
year limitation.
(4) Investment of fund.--
(A) In general.--Any amounts deposited in the Fund shall
earn interest in an amount determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities.
(B) Use.--Any interest earned under subparagraph (A) may be
expended in accordance with this subsection.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
____________________