[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Senate]
[Pages S6398-S6441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID:
  S. 3663. A bill to promote clean energy jobs and oil company 
accountability, and for other purposes; read the first time.
  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. 3663

       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 Jobs and Oil 
     Company Accountability Act of 2010''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into 6 divisions as 
     follows:
       (1) Division A--Oil Spill Response and Accountability.
       (2) Division B--Reducing Oil Consumption and Improving 
     Energy Security.
       (3) Division C--Clean Energy Jobs and Consumer Savings.
       (4) Division D--Protecting the Environment.
       (5) Division E--Fiscal Responsibility.
       (5) Division F--Miscellaneous.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

           DIVISION A--OIL SPILL RESPONSE AND ACCOUNTABILITY

    TITLE I--REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES

Sec. 101. Short title.

[[Page S6399]]

Sec. 102. Removal of limits on liability for offshore facilities.
Sec. 103. Claims procedure.
Sec. 104. Oil and hazardous substance response planning.
Sec. 105. Reports.
Sec. 106. Trust Fund advance authority.

 TITLE II--FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION 
                              AND RESPONSE

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Interagency Committee.
Sec. 204. Science and technology advice and guidance.
Sec. 205. Oil pollution research and development program.

               TITLE III--OUTER CONTINENTAL SHELF REFORM

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. National policy for the outer Continental Shelf.
Sec. 305. Structural reform of outer Continental Shelf program 
              management.
Sec. 306. Safety, environmental, and financial reform of the Outer 
              Continental Shelf Lands Act.
Sec. 307. Study on the effect of the moratoria on new deepwater 
              drilling in the Gulf of Mexico on employment and small 
              businesses.
Sec. 308. Reform of other law.
Sec. 309. Safer oil and gas production.
Sec. 310. National Commission on Outer Continental Shelf Oil Spill 
              Prevention.
Sec. 311. Savings provisions.

               TITLE IV--ENVIRONMENTAL CRIMES ENFORCEMENT

Sec. 401. Short title.
Sec. 402. Environmental crimes.

            TITLE V--FAIRNESS IN ADMIRALTY AND MARITIME LAW

Sec. 501. Short title.
Sec. 502. Repeal of limitation of Shipowners' Liability Act of 1851.
Sec. 503. Assessment of punitive damages in maritime law.
Sec. 504. Amendments to the Death on the High Seas Act.
Sec. 505. Effective date.

 TITLE VI--SECURING HEALTH FOR OCEAN RESOURCES AND ENVIRONMENT (SHORE)

Sec. 601. Short title.

 Subtitle A--National Oceanic and Atmospheric Administration Oil Spill 
                 Response, Containment, and Prevention

Sec. 611. Improvements to National Oceanic and Atmospheric 
              Administration oil spill response, containment, and 
              prevention.
Sec. 612. Use of Oil Spill Liability Trust Fund for preparedness, 
              response, damage assessment, and restoration.
Sec. 613. Investment of amounts in Damage Assessment and Restoration 
              Revolving Fund in interest-bearing obligations.
Sec. 614. Strengthening coastal State oil spill planning and response.
Sec. 615. Gulf of Mexico long-term marine environmental monitoring and 
              research program.
Sec. 616. Arctic research and action to conduct oil spill prevention.

   Subtitle B--Improving Coast Guard Response and Inspection Capacity

Sec. 621. Secretary defined.
Sec. 622. Arctic maritime readiness and oil spill prevention.
Sec. 623. Advance planning and prompt decision making in closing and 
              reopening fishing grounds.
Sec. 624. Oil spill technology evaluation.
Sec. 625. Coast Guard inspections.
Sec. 626. Certificate of inspection requirements.
Sec. 627. Navigational measures for protection of natural resources.
Sec. 628. Notice to States of bulk oil transfers.
Sec. 629. Gulf of Mexico Regional Citizens' Advisory Council.
Sec. 630. Vessel liability.
Sec. 631. Prompt intergovernmental notice of marine casualties.
Sec. 632. Prompt publication of oil spill information.
Sec. 633. Leave retention authority.

               TITLE VII--CATASTROPHIC INCIDENT PLANNING

Sec. 701. Catastrophic incident planning.
Sec. 702. Alignment of response frameworks.

TITLE VIII--SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP DEEPWATER 
                HORIZON OIL SPILL AND OFFSHORE DRILLING

Sec. 801. Subpoena power for National Commission on the BP Deepwater 
              Horizon Oil Spill and Offshore Drilling.

            TITLE IX--CORAL REEF CONSERVATION ACT AMENDMENTS

Sec. 901. Short title.
Sec. 902. Amendment of Coral Reef Conservation Act of 2000.
Sec. 903. Agreements; redesignations.
Sec. 904. Emergency assistance.
Sec. 905. Emergency response, stabilization, and restoration.
Sec. 906. Prohibited activities.
Sec. 907. Destruction of coral reefs.
Sec. 908. Enforcement.
Sec. 909. Regulations.
Sec. 910. Judicial review.

   DIVISION B--REDUCING OIL CONSUMPTION AND IMPROVING ENERGY SECURITY

      TITLE XX--NATURAL GAS VEHICLE AND INFRASTRUCTURE DEVELOPMENT

Sec. 2001. Definitions.
Sec. 2002. Program establishment.
Sec. 2003. Rebates.
Sec. 2004. Infrastructure and development grants.
Sec. 2005. Loan program to enhance domestic manufacturing.

                 TITLE XXI--PROMOTING ELECTRIC VEHICLES

Sec. 2101. Short title.
Sec. 2102. Definitions.

Subtitle A--National Plug-in Electric Drive Vehicle Deployment Program.

Sec. 2111. National Plug-In Electric Drive Vehicle Deployment Program.
Sec. 2112. National assessment and plan.
Sec. 2113. Technical assistance.
Sec. 2114. Workforce training.
Sec. 2115. Federal fleets.
Sec. 2116. Targeted Plug-in Electric Drive Vehicle Deployment 
              Communities Program.
Sec. 2117. Funding.

                  Subtitle B--Research and Development

Sec. 2121. Research and development program.
Sec. 2122. Advanced batteries for tomorrow prize.
Sec. 2123. Study on the supply of raw materials.
Sec. 2124. Study on the collection and preservation of data collected 
              from plug-in electric drive vehicles.

                       Subtitle C--Miscellaneous

Sec. 2131. Utility planning for plug-in electric drive vehicles.
Sec. 2132. Loan guarantees.
Sec. 2133. Prohibition on disposing of advanced batteries in landfills.
Sec. 2134. Plug-in Electric Drive Vehicle Technical Advisory Committee.
Sec. 2135. Plug-in Electric Drive Vehicle Interagency Task Force.

           DIVISION C--CLEAN ENERGY JOBS AND CONSUMER SAVINGS

              TITLE XXX--HOME STAR RETROFIT REBATE PROGRAM

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Home Star Retrofit Rebate Program.
Sec. 3004. Contractors.
Sec. 3005. Rebate aggregators.
Sec. 3006. Quality assurance providers.
Sec. 3007. Silver Star Home Retrofit Program.
Sec. 3008. Gold Star Home Retrofit Program.
Sec. 3009. Grants to States and Indian tribes.
Sec. 3010. Quality assurance framework.
Sec. 3011. Report.
Sec. 3012. Administration.
Sec. 3013. Treatment of rebates.
Sec. 3014. Penalties.
Sec. 3015. Home Star Efficiency Loan Program.
Sec. 3016. Funding.

                 DIVISION D--PROTECTING THE ENVIRONMENT

    TITLE XL--LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING

Sec. 4001. Short title.
Sec. 4002. Permanent authorization; full funding.

     TITLE XLI--NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE PROTECTION

Sec. 4101. Short title.
Sec. 4102. Definitions.
Sec. 4103. Liability.
Sec. 4104. Actions.
Sec. 4105. Use of recovered amounts.
Sec. 4106. Donations.

              TITLE XLII--GULF COAST ECOSYSTEM RESTORATION

Sec. 4201. Gulf Coast Ecosystem restoration.

              TITLE XLIII--HYDRAULIC FRACTURING CHEMICALS

Sec. 4301. Disclosure of hydraulic fracturing chemicals.

                   TITLE XLIV--WATERSHED RESTORATION

Sec. 4401. Watershed restoration.

                   DIVISION E--FISCAL RESPONSIBILITY

Sec. 5001. Modifications with respect to Oil Spill Liability Trust 
              Fund.

                       DIVISION F--MISCELLANEOUS

Sec. 6001. Budgetary effects.

           DIVISION A--OIL SPILL RESPONSE AND ACCOUNTABILITY

    TITLE I--REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Big Oil Bailout Prevention 
     Unlimited Liability Act of 2010''.

     SEC. 102. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE 
                   FACILITIES.

       (a) In General.--Section 1004(a)(3) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2704(a)(3)) is amended by striking 
     ``plus $75,000,000'' and inserting ``and the liability of the 
     responsible party under section 1002''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to all claims or actions brought within the 
     limitations period applicable to the claims or action, 
     including any claims or actions pending on the date of 
     enactment of this Act and any

[[Page S6400]]

     claims arising from events occurring prior to the date of 
     enactment of this Act.

     SEC. 103. CLAIMS PROCEDURE.

       (a) Waiting Period.--Section 1013(c)(2) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2713(c)(2)) is amended by 
     striking ``settled by any person by payment within 90 days'' 
     and inserting ``settled in whole by any person by payment 
     within 30 days''.
       (b) Processing of Claims.--Section 1012(a)(4) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by 
     inserting before the semicolon at the end the following: 
     ``and, in the event of a spill of national significance, 
     administrative and personnel costs to process claims 
     (including the costs of commercial claims processing, expert 
     services, training, and technical services)''.

     SEC. 104. OIL AND HAZARDOUS SUBSTANCE RESPONSE PLANNING.

       (a) Area Committees.--Section 311(j)(4)(A) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(j)(4)(A)) is 
     amended--
       (1) by striking ``from qualified'' and inserting ``from--
       ``(i) qualified'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(ii) individuals representing industry, conservation, and 
     the general public.''.
       (b) National Response System.--Section 311(j)(5) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is 
     amended--
       (1) in subparagraph (A), by adding at the end the 
     following:
       ``(iii) The President shall ensure that the regulations 
     promulgated pursuant to this paragraph are designed to 
     prevent, to the maximum extent practicable, injury to the 
     economy, jobs, and the environment, including to prevent--

       ``(I) loss of, destruction of, or injury to, real or 
     personal property;
       ``(II) loss of subsistence use of natural resources;
       ``(III) loss of revenue;
       ``(IV) loss of profits or earning capacity;
       ``(V) an increase in the cost of providing public services 
     to remove a discharge; and
       ``(VI) loss of, destruction of, or injury to, natural 
     resources.

       ``(iv) The President shall promulgate regulations that 
     clarify the requirements of a response plan in accordance 
     with subparagraph (D).'';
       (2) by striking subparagraph (D) and inserting the 
     following:
       ``(D) A response plan required under this paragraph shall--
       ``(i) be consistent with the requirements of the National 
     Contingency Plan and Area Contingency Plans;
       ``(ii) identify the qualified individual having full 
     authority to implement removal actions, and require immediate 
     communications between that individual and the appropriate 
     Federal official and the persons providing personnel and 
     equipment pursuant to clause (iii);
       ``(iii) identify, and ensure by contract or other means 
     approved by the President the availability of, private 
     personnel and equipment in the quantities necessary, staged 
     and available in the appropriate region to respond 
     immediately to and sustain the response effort for as long as 
     necessary--

       ``(I) to remove, to the maximum extent practicable, a 
     worst-case discharge (including a discharge resulting from 
     fire or an explosion);
       ``(II) to mitigate damage from a discharge; and
       ``(III) to prevent or reduce a substantial threat of such a 
     discharge;

       ``(iv) demonstrate, to the maximum extent practicable, the 
     financial capability to pay for removal costs and damages;
       ``(v) describe the training, equipment testing, periodic 
     unannounced drills, and response actions of persons on the 
     vessel or at the facility, to be carried out under the plan 
     to ensure the safety of the vessel or facility and to meet 
     the requirements of this subparagraph;
       ``(vi) describe the environmental effects of the response 
     plan methodologies and equipment;
       ``(vii) describe the process for communication and 
     coordination with Federal, State, and local agencies before, 
     during, and after a response to a discharge;
       ``(viii) identify the effective daily recovery capacity for 
     the quantity of oil or hazardous substance that will be 
     removed under the response plan immediately following the 
     discharge and at regular, identified periods;
       ``(ix) in the case of oil production, drilling, and 
     workover facilities, describe the specific measures to be 
     used in response to a blowout or other event involving loss 
     of well control;
       ``(x) identify provisions for the owner or operator of a 
     tank vessel, nontank vessel, or facility to report the actual 
     quantity of oil or a hazardous substance removed at regular, 
     identified periods following the discharge;
       ``(xi) identify potential economic and ecological impacts 
     of a worst-case discharge and response activities to prevent 
     or mitigate, to the maximum extent practicable, those impacts 
     in the event of a discharge;
       ``(xii) be updated periodically; and
       ``(xiii) be resubmitted for approval of each significant 
     change.'';
       (3) in subparagraph (E), by striking clauses (i) through 
     (v) and inserting the following:
       ``(i) require notice of a new proposed response plan or 
     significant modification to an existing response plan for an 
     offshore facility to be published in the Federal Register and 
     provide for a public comment period for the plan of at least 
     30 days, taking into appropriate consideration security 
     concerns and any proprietary issues otherwise provided by 
     law;
       ``(ii) promptly review the response plan;
       ``(iii) require amendments to any plan that does not meet 
     the requirements of this paragraph;
       ``(iv) approve any plan only after finding, based on 
     evidence in the record, that--

       ``(I) the response plan meets the requirements of 
     subparagraph (D);
       ``(II) the methods and equipment proposed to be used under 
     the response plan are demonstrated to be technologically 
     feasible in the area and under the conditions in which the 
     tank vessel, nontank vessel, or facility is proposed to 
     operate;
       ``(III) the available scientific information about the area 
     allows for identification of potential impacts to ecological 
     areas and protection of those areas in the event of a 
     discharge, including adequate surveys of wildlife; and
       ``(IV) the response plan describes the quantity of oil 
     likely to be removed in the event of a worst-case discharge;

       ``(v) obtain the written concurrence of such other agencies 
     as the President determines have a significant responsibility 
     to remove, mitigate damage from, or prevent or reduce a 
     substantial threat of the worst-case discharge of oil or a 
     hazardous substance;
       ``(vi) review each plan periodically thereafter and require 
     each plan to be updated not less often than once every 5 
     years, with each update considered a significant change 
     requiring approval by the President;
       ``(vii) require an update of a plan pursuant to clause (vi) 
     to include the best available technology and methods to 
     contain and remove, to the maximum extent practicable, a 
     worst-case discharge (including a discharge resulting from 
     fire or explosion), and to mitigate or prevent a substantial 
     threat of such a discharge; and
       ``(viii) in the case of a plan for a nontank vessel, 
     consider any applicable State-mandated response plan in 
     effect on August 9, 2004, and ensure consistency to the 
     maximum extent practicable.''; and
       (4) by adding at the end the following:
       ``(J) Technology standards.--The President may establish 
     requirements and guidance for using the best available 
     technology and methods in response plans, which shall be 
     based on performance metrics and standards whenever 
     practicable.
       ``(K) Approval of existing plans.--
       ``(i) In general.--The President shall--

       ``(I) implement an expedited review process of all response 
     plans that were valid and approved on the day before the date 
     of enactment of this subparagraph to identify those response 
     plans that do not meet the requirements of this section; and
       ``(II) require those response plans to be amended to 
     conform to the requirements of this section as soon as 
     practicable after the date of enactment of this subparagraph.

       ``(ii) Existing plans.--Notwithstanding any other provision 
     of this section, a response plan that was valid and approved 
     on the day before the date of enactment of this 
     subparagraph--

       ``(I) shall remain valid and approved until required to be 
     updated pursuant to clause (i); and
       ``(II) shall not be found not to be valid and approved as a 
     result of the enactment of this subparagraph.

       ``(iii) Public notice.--The President shall provide public 
     notice of the process for updating response plans required by 
     clause (i).''.
       (c) Definitions.--Section 311(a)(24)(B) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(a)(24)(B)) is 
     amended by inserting ``, including from an unanticipated and 
     uncontrolled blowout or other loss of well control,'' after 
     ``foreseeable discharge''.

     SEC. 105. REPORTS.

       Not later than 180 days after the date of enactment of this 
     Act and every 90 days thereafter until all claims resulting 
     from the blowout and explosion of the mobile offshore 
     drilling unit Deepwater Horizon that occurred April 20, 2010, 
     and resulting hydrocarbon releases into the environment, have 
     been paid, the administrator of the fund described in 
     paragraph (1) shall submit to Congress a report that 
     describes--
       (1) the status of the compensation fund established by 
     British Petroleum Company to pay claims resulting from the 
     blowout and explosion; and
       (2) each claim that has been paid from that fund.

     SEC. 106. TRUST FUND ADVANCE AUTHORITY.

       Section 6002(b)(2) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2752(b)(2)) is amended by striking ``the discharge of 
     oil that began in 2010 in connection with the explosion on, 
     and sinking of, the mobile offshore drilling unit Deepwater 
     Horizon,'' and inserting ``a spill of national 
     significance,''.

 TITLE II--FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION 
                              AND RESPONSE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Federal Research and 
     Technologies for Oil Spill Prevention and Response Act of 
     2010''.

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to maintain and enhance the world-class research and 
     facilities of the Federal Government; and
       (2) to ensure that there are adequate knowledge, practices, 
     and technologies to detect, respond to, contain, and clean up 
     oil

[[Page S6401]]

     spills, whether onshore or on the outer Continental Shelf.

     SEC. 203. INTERAGENCY COMMITTEE.

       Section 7001(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2761(b)) is amended by striking paragraph (4) and inserting 
     the following:
       ``(4) Chairman.--
       ``(A) In general.--A representative of the National Oceanic 
     and Atmospheric Administration, the Environmental Protection 
     Agency, Coast Guard, or the Department of the Interior shall 
     serve as Chairman of the Interagency Committee (referred to 
     in this section as the `Chairman').
       ``(B) Rotation.--The responsibility to chair the 
     Interagency Committee shall rotate between representatives of 
     each of the agencies described in subparagraph (A) every 2 
     years.''.

     SEC. 204. SCIENCE AND TECHNOLOGY ADVICE AND GUIDANCE.

       Section 7001(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2761(b)) is amended by striking paragraph (2) and inserting 
     the following:
       ``(2) Science and technology advisory board.--
       ``(A) In general.--The Chairman shall enter into 
     appropriate arrangements with the National Academy of 
     Sciences to establish an independent committee, to be known 
     as the `Science and Technology Advisory Board', to provide 
     scientific and technical advice to the Interagency Committee 
     relating to research carried out pursuant to the program 
     established under subsection (c), including--
       ``(i) the identification of knowledge gaps that the program 
     should address;
       ``(ii) the establishment of scientific and technical 
     priorities;
       ``(iii) the provision of advice and guidance in the 
     preparation of--

       ``(I) the report required under paragraph (3);
       ``(II) the update required under paragraph (4); and
       ``(III) the plan required under subsection (c)(14); and

       ``(iv) an annual review of the results and effectiveness of 
     the program, including successful technology development.
       ``(B) Reports.--Reports and recommendations of the Board 
     shall promptly be made available to Congress and the public.
       ``(C) National institute of standards and technology.--The 
     National Institute of Standards and Technology shall provide 
     the Interagency Committee with advice and guidance on issues 
     relating to quality assurance and standards measurements 
     relating to activities of the Interagency Committee under 
     this section.
       ``(3) Reports on current state of oil spill prevention and 
     response capabilities.--
       ``(A) In general.--Not later than 1 year after the date of 
     the enactment of this paragraph, the Interagency Committee 
     shall submit to Congress a report on the current state of oil 
     spill prevention and response capabilities that--
       ``(i) identifies current research programs conducted by 
     governments, institutions of higher education, and corporate 
     entities;
       ``(ii) assesses the current status of knowledge on oil 
     pollution prevention, response, and mitigation technologies;
       ``(iii) identifies regional oil pollution research needs 
     and priorities for a coordinated program of research at the 
     regional level developed in consultation with State and local 
     governments and Indian tribes;
       ``(iv) assesses the current state of spill response 
     equipment, and determines areas in need of improvement, 
     including the quantity, age, quality, and effectiveness of 
     the equipment and necessary technological improvements;
       ``(v) assesses the current state of real-time data 
     available to mariners, including water level, currents, 
     weather information, and predictions, and assesses whether 
     lack of timely information increases the risk of discharges 
     of oil;
       ``(vi) assesses the capacity of the National Oceanic and 
     Atmospheric Administration to respond, restore, and 
     rehabilitate marine sanctuaries, monuments, sea turtles, and 
     other protected species;
       ``(vii) establishes goals for improved oil discharge 
     prevention and response on which to target research for the 
     following 5-year period before the next report is submitted 
     under subparagraph (B); and
       ``(viii) includes such recommendations as the Committee 
     considers appropriate.
       ``(B) Quinquennial updates.--The Interagency Committee 
     shall submit a report every fifth year after the first report 
     of the Interagency Committee submitted under subparagraph (A) 
     that updates the information contained in the previous report 
     of the Interagency Committee under this paragraph.
       ``(4) Implementation plan update.--Not later than 1 year 
     after the date of enactment of this paragraph, the 
     Interagency Committee shall update the implementation plan 
     required under paragraph (1) to reflect the findings of the 
     report required under paragraph (3) and the requirements of 
     this title.
       ``(5) Additional advice and guidance.--In carrying out the 
     duties of the Interagency Committee under this title, the 
     Interagency Committee shall accept comments and input from 
     State and local governments, Indian tribes, industry 
     representatives, and other stakeholders.''.

     SEC. 205. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--Section 7001(c) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2761(c)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (C), by striking ``and bioremediation'' 
     and inserting ``bioremediation, containment vessels, booms, 
     and skimmers, particularly under worst-case release 
     scenarios'';
       (B) by striking subparagraph (H) and inserting the 
     following:
       ``(H) research and development of methods to respond to, 
     restore, and rehabilitate natural resources and ecosystem 
     health and services damaged by oil discharges;'';
       (C) in subparagraph (I), by striking ``and'' at the end;
       (D) by redesignating subparagraph (J) as subparagraph (L); 
     and
       (E) by inserting after subparagraph (I) the following:
       ``(J) research, development, and demonstration of new or 
     improved technologies and systems to contain, respond to, and 
     clean up a discharge of oil in extreme or harsh conditions on 
     the outer Continental Shelf;
       ``(K) research to evaluate the relative effectiveness and 
     environmental impacts (including human and environmental 
     toxicity) of dispersants; and'';
       (2) by striking paragraphs (8) and (9);
       (3) by redesignating paragraphs (3) through (7) and (10) 
     and (11) as paragraphs (4) through (8) and (11) and (12), 
     respectively;
       (4) by inserting after paragraph (2) the following:
       ``(3) Authorization of agency oil discharge research and 
     development programs.--
       ``(A) In general.--The Secretary of the Interior, in 
     coordination with the program established under this 
     subsection, the Interagency Committee, and such other 
     agencies as the President may designate, shall carry out a 
     program of research, development, technology demonstration, 
     and risk assessment to address issues associated with the 
     detection of, response to, and mitigation and cleanup of 
     discharges of oil occurring on Federal land managed by the 
     Department of the Interior, whether onshore or on the outer 
     Continental Shelf.
       ``(B) Specific areas of focus.--The program established 
     under this paragraph shall provide for research, development, 
     demonstration, validation, personnel training, and other 
     activities relating to new and improved technologies that are 
     effective at preventing or mitigating oil discharges and that 
     protect the environment, including technologies, materials, 
     methods, and practices--
       ``(i) to detect the release of hydrocarbons from leaking 
     exploration or production equipment;
       ``(ii) to characterize the rates of flow from leaking 
     exploration and production equipment in locations that are 
     remote or difficult to access;
       ``(iii) to protect the safety of workers addressing 
     hydrocarbon releases from exploration and production 
     equipment;
       ``(iv) to control or contain the release of hydrocarbons 
     from a blowout or other loss of well control; and
       ``(v) in coordination with the Administrator and the 
     Secretary of Commerce, for environmental assessment, 
     restoration, and long-term monitoring.'';
       (5) in paragraph (5) (as redesignated by paragraph (3))--
       (A) by striking subparagraphs (B) and (C);
       (B) in the matter preceding clause (i), by striking ``(A) 
     The Committee'' and inserting ``The Department of Commerce, 
     in coordination with the Environmental Protection Agency and 
     the Department of the Interior,'';
       (C) by redesignating clauses (i) through (iv) as 
     subparagraphs (A) through (D), respectively;
       (D) in subparagraph (A) (as redesignated by subparagraphs 
     (C)), by striking the period at the end and inserting the 
     following: ``, including--
       ``(i) fundamental scientific characterization of the 
     behavior of oil and natural gas in and on soil and water, 
     including miscibility, plume behavior, emulsification, 
     physical separation, and chemical and biological degradation;
       ``(ii) behavior and effects of emulsified, dispersed, and 
     submerged oil in water; and
       ``(iii) modeling, simulation, and prediction of oil flows 
     from releases and the trajectories of releases on the 
     surface, the subsurface, and in water.''; and
       (E) by adding at the end the following:
       ``(E) The evaluation of direct and indirect environmental 
     effects of acute and chronic oil discharges on natural 
     resources, including impacts on marine sanctuaries and 
     monuments, protected areas, and protected species.
       ``(F) The monitoring, modeling, and evaluation of the near- 
     and long-term effects of major spills and long-term 
     cumulative effects of smaller endemic spills.'';
       (6) in paragraph (6) (as redesignated by paragraph (3))--
       (A) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively;
       (B) by striking ``The United States Coast Guard'' and 
     inserting the following:
       ``(A) In general.--The Coast Guard''; and
       (C) by adding at the end the following:
       ``(B) Extreme environmental condition demonstration 
     projects.--
       ``(i) In general.--The Secretary of the Interior, in 
     conjunction with the heads of such other agencies as the 
     President may designate, shall conduct deepwater, ultra 
     deepwater, and other extreme environment oil

[[Page S6402]]

     discharge response demonstration projects for the purpose of 
     developing and demonstrating new integrated deepwater oil 
     discharge mitigation and response systems that use the 
     information and implement the improved practices and 
     technologies developed through the program under this 
     subsection.
       ``(ii) Requirements.--The mitigation and response systems 
     developed under clause (i) shall use technologies and 
     management practices for improving the response capabilities 
     to deepwater oil discharges, including--

       ``(I) improved oil flow monitoring and calculation;
       ``(II) improved oil discharge response capability;
       ``(III) improved subsurface mitigation technologies;
       ``(IV) improved capability to track and predict the flow 
     and effects of oil discharges in both subsurface and surface 
     areas for the purposes of making oil mitigation and response 
     decisions; and
       ``(V) any other activities necessary to achieve the 
     purposes of the program.'';

       (7) by inserting after paragraph (8) (as redesignated by 
     paragraph (3)) the following:
       ``(9) Research centers of excellence.--
       ``(A) Response technologies for deepwater, ultra deepwater, 
     and other extreme environment oil discharges.--
       ``(i) Establishment.--The Secretary of the Interior shall 
     establish at 1 or more institutions of higher education a 
     research center of excellence for the research, development, 
     and demonstration of technologies necessary to respond to, 
     contain, mitigate, and clean up deepwater, ultra deepwater, 
     and other extreme-environment discharges of oil.
       ``(ii) Grants.--The Secretary shall provide grants to the 
     research center of excellence established under clause (i) to 
     conduct and oversee basic and applied research in the 
     technologies described in that clause.
       ``(B) Oil discharge response and restoration.--
       ``(i) Establishment.--The Undersecretary of Commerce for 
     Oceans and Atmosphere, in coordination with the Administrator 
     and the Secretary of the Interior, shall establish at 1 or 
     more institutions of higher education a research center of 
     excellence for research and innovation in the fate of, 
     behavior and effects of, and damage assessment and 
     restoration relating to discharges of oil.
       ``(ii) Grants.--The Undersecretary of Commerce for Oceans 
     and Atmosphere shall provide grants to the research center of 
     excellence established under clause (i) to conduct and 
     oversee basic and applied research in the areas described in 
     that clause.
       ``(C) Other research centers of excellence.--Any agency 
     that is a member of the Interagency Committee may establish 
     such other research centers of excellence as the agency 
     determines to be necessary for the research, development, and 
     demonstration of technologies necessary to carry out the 
     program established under this subsection.
       ``(10) Pilot program.--
       ``(A) In general.--The Secretary of the Interior, the 
     Commandant of the Coast Guard, and the Administrator shall 
     jointly conduct a pilot program to conduct field tests, in 
     the waters of the United States, of new oil discharge 
     response, mitigation, and cleanup technologies developed 
     under the program established under this subsection.
       ``(B) Results.--The results of the field tests conducted 
     under subparagraph (A) shall be used--
       ``(i) to refine oil discharge technology research and 
     development; and
       ``(ii) to assist the Secretary of the Interior, the 
     Commandant of the Coast Guard, and the Administrator in the 
     development of safety and environmental regulations under 
     this Act and other applicable laws.'';
       (8) by striking paragraph (11) (as redesignated by 
     paragraph (3)) and inserting the following:
       ``(11) Grants.--
       ``(A) In general.--In carrying out the research and 
     development program established under this subsection, the 
     Department of the Interior, the Environmental Protection 
     Agency, the National Oceanic and Atmospheric Administration, 
     and the Coast Guard shall each establish a program to enter 
     into contracts and cooperative agreements and make 
     competitive grants to institutions of higher education, 
     National Laboratories, research institutions, other persons, 
     or groups of institutions of higher education, research 
     institutions, and other persons, for the purposes of 
     conducting the program established under this subsection.
       ``(B) Applications and conditions.--In carrying out this 
     paragraph, each agency--
       ``(i) shall establish a notification and application 
     procedure;
       ``(ii) may establish such conditions and require such 
     assurances as may be appropriate to ensure the efficiency and 
     integrity of the grant program; and
       ``(iii) may make grants under the program on a matching or 
     nonmatching basis.
       ``(C) Priorities.--Contracts, cooperative agreements, and 
     grants provided under this subparagraph shall address 
     research and technology priorities described in the research 
     and technology plan required under paragraph (13).''; and
       (9) by adding at the end the following:
       ``(13) Research and technology plan.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this paragraph, and every 2 years thereafter, 
     the Interagency Committee shall develop and publish a 
     research and technology plan for the program established 
     under this subsection.
       ``(B) Contents.--The plan under this paragraph shall--
       ``(i) identify research needs and opportunities;
       ``(ii) propose areas of focus for the program;
       ``(iii) establish program priorities, including priorities 
     for--

       ``(I) demonstration projects under paragraph (7);
       ``(II) the research centers of excellence under paragraph 
     (9); and
       ``(III) research funding provided under paragraph (11); and

       ``(iv) estimate--

       ``(I) the extent of resources needed to conduct the 
     program; and
       ``(II) timetables for completing research tasks under the 
     program.

       ``(C) Publication.--The Interagency Committee shall timely 
     publish--
       ``(i) the plan under this paragraph; and
       ``(ii) a review of the plan by the Board.
       ``(14) Peer review of proposals and research.--
       ``(A) In general.--Any provision of funds under the program 
     established under this subsection shall be made only after 
     the agency providing the funding has carried out an impartial 
     peer review of the scientific and technical merit of the 
     proposals for the funding.
       ``(B) Requirements.--The agency providing funding shall 
     ensure that any research conducted under the program shall be 
     peer-reviewed, transparent, and made available to the public.
       ``(15) Funding.--
       ``(A) In general.--Subject to subparagraphs (B) through 
     (E), of amounts in the Oil Spill Liability Trust Fund, 
     $25,000,000 for each of fiscal years 2010 through 2020 shall 
     be available, without further appropriation and without 
     fiscal year limitation, to carry out the program under this 
     section.
       ``(B) Annual expenditure plan.--
       ``(i) In general.--The President shall transmit, as part of 
     the annual budget proposal, a plan for the expenditure of 
     funds under this paragraph.
       ``(ii) Research and technology plan.--The plan developed 
     pursuant to clause (i) shall be consistent with the research 
     and technology plan developed under paragraph (13).
       ``(C) Availability of amounts.--On the date that is 15 days 
     after the date on which the Congress adjourns sine die for 
     each year, amounts shall be made available from the Oil Spill 
     Liability Trust Fund, without further appropriation, for the 
     programs and projects in the expenditure plan of the 
     President, unless prior to that date, a law is enacted 
     establishing a different expenditure plan.
       ``(D) Alternate expenditure plan.--If Congress enacts a law 
     establishing an alternate expenditure plan and the 
     expenditure plan provides for less than the annual funding 
     amount under subparagraph (A), the difference between the 
     annual funding amount and the alternate expenditure plan 
     shall be available for expenditure, without further 
     appropriation, in accordance with the expenditure plan 
     submitted by the President.
       ``(E) Role of interagency committee.--In developing the 
     annual expenditure plan under subparagraph (B), the President 
     shall consider the recommendations of the Interagency 
     Committee.''.
       (b) Funding.--Section 7001 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2761) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Funding.--
       ``(1) In general.--In addition to amounts made available 
     subsection (c)(15), not to exceed $20,000,000 of the amounts 
     in the Fund shall be available each fiscal year to each of 
     the Secretary of Commerce, the Administrator of the 
     Environmental Protection Agency, and the Secretary of the 
     Interior to carry out this section.
       ``(2) Appropriations.--Funding authorized under paragraph 
     (1) shall be subject to appropriations.''.
       (c) Uses of Oil Spill Liability Trust Fund.--Section 
     1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)(A)) is amended--
       (1) by striking ``$25,000,000'' and inserting 
     ``$50,000,000''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, of which not less than 40 percent shall be 
     used each fiscal year to conduct research, development, and 
     evaluation of oil spill response and removal technologies and 
     methods consistent with the research and technology plan 
     developed under section 7001(c)(13)''.

               TITLE III--OUTER CONTINENTAL SHELF REFORM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Outer Continental Shelf 
     Reform Act of 2010''.

     SEC. 302. PURPOSES.

       The purposes of this title are--
       (1) to rationalize and reform the responsibilities of the 
     Secretary of the Interior with respect to the management of 
     the outer Continental Shelf in order to improve the 
     management, oversight, accountability, safety, and 
     environmental protection of all the resources on the outer 
     Continental Shelf;
       (2) to provide independent development and enforcement of 
     safety and environmental laws (including regulations) 
     governing--

[[Page S6403]]

       (A) energy development and mineral extraction activities on 
     the outer Continental Shelf; and
       (B) related offshore activities; and
       (3) to ensure a fair return to the taxpayer from, and 
     independent management of, royalty and revenue collection and 
     disbursement activities from mineral and energy resources.

     SEC. 303. DEFINITIONS.

       In this title:
       (1) Department.--The term ``Department'' means the 
     Department of the Interior.
       (2) Outer continental shelf.--The term ``outer Continental 
     Shelf'' has the meaning given the term in section 2 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 304. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.

       Section 3 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1332) is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) the outer Continental Shelf is a vital national 
     resource reserve held by the Federal Government for the 
     public, which should be managed in a manner that--
       ``(A) recognizes the need of the United States for domestic 
     sources of energy, food, minerals, and other resources;
       ``(B) minimizes the potential impacts of development of 
     those resources on the marine and coastal environment and on 
     human health and safety; and
       ``(C) acknowledges the long-term economic value to the 
     United States of the balanced and orderly management of those 
     resources that safeguards the environment and respects the 
     multiple values and uses of the outer Continental Shelf;'';
       (2) in paragraph (4)(C), by striking the period at the end 
     and inserting a semicolon;
       (3) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (4) by redesignating paragraph (6) as paragraph (7);
       (5) by inserting after paragraph (5) the following:
       ``(6) exploration, development, and production of energy 
     and minerals on the outer Continental Shelf should be allowed 
     only when those activities can be accomplished in a manner 
     that provides reasonable assurance of adequate protection 
     against harm to life, health, the environment, property, or 
     other users of the waters, seabed, or subsoil; and''; and
       (6) in paragraph (7) (as so redesignated)--
       (A) by striking ``should be'' and inserting ``shall be''; 
     and
       (B) by adding ``best available'' after ``using''.

     SEC. 305. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF 
                   PROGRAM MANAGEMENT.

       (a) In General.--The Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.) is amended by adding to the end the 
     following:

     ``SEC. 32. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF 
                   PROGRAM MANAGEMENT.

       ``(a) Leasing, Permitting, and Regulation Bureaus.--
       ``(1) Establishment of bureaus.--
       ``(A) In general.--Subject to the discretion granted by 
     Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 43 
     U.S.C. 1451 note), the Secretary shall establish in the 
     Department of the Interior not more than 2 bureaus to carry 
     out the leasing, permitting, and safety and environmental 
     regulatory functions vested in the Secretary by this Act and 
     the Federal Oil and Gas Royalty Management Act of 1982 (30 
     U.S.C. 1701 et seq.) related to the outer Continental Shelf.
       ``(B) Conflicts of interest.--In establishing the bureaus 
     under subparagraph (A), the Secretary shall ensure, to the 
     maximum extent practicable, that any potential organizational 
     conflicts of interest related to leasing, revenue creation, 
     environmental protection, and safety are eliminated.
       ``(2) Director.--Each bureau shall be headed by a Director, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       ``(3) Compensation.--Each Director shall be compensated at 
     the rate provided for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       ``(4) Qualifications.--Each Director shall be a person who, 
     by reason of professional background and demonstrated ability 
     and experience, is specially qualified to carry out the 
     duties of the office.
       ``(b) Royalty and Revenue Office.--
       ``(1) Establishment of office.--Subject to the discretion 
     granted by Reorganization Plan Number 3 of 1950 (64 Stat. 
     1262; 43 U.S.C. 1451 note), the Secretary shall establish in 
     the Department of the Interior an office to carry out the 
     royalty and revenue management functions vested in the 
     Secretary by this Act and the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1701 et seq.).
       ``(2) Director.--The office established under paragraph (1) 
     shall be headed by a Director, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(3) Compensation.--The Director shall be compensated at 
     the rate provided for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       ``(4) Qualifications.--The Director shall be a person who, 
     by reason of professional background and demonstrated ability 
     and experience, is specially qualified to carry out the 
     duties of the office.
       ``(c) OCS Safety and Environmental Advisory Board.--
       ``(1) Establishment.--The Secretary shall establish, under 
     the Federal Advisory Committee Act (5 U.S.C. App.), an Outer 
     Continental Shelf Safety and Environmental Advisory Board 
     (referred to in this subsection as the `Board'), to provide 
     the Secretary and the Directors of the bureaus established 
     under this section with independent peer-reviewed scientific 
     and technical advice on safe and environmentally compliant 
     energy and mineral resource exploration, development, and 
     production activities.
       ``(2) Membership.--
       ``(A) Size.--
       ``(i) In general.--The Board shall consist of not more than 
     12 members, chosen to reflect a range of expertise in 
     scientific, engineering, management, and other disciplines 
     related to safe and environmentally compliant energy and 
     mineral resource exploration, development, and production 
     activities.
       ``(ii) Consultation.--The Secretary shall consult with the 
     National Academy of Sciences and the National Academy of 
     Engineering to identify potential candidates for membership 
     on the Board.
       ``(B) Term.--The Secretary shall appoint Board members to 
     staggered terms of not more than 4 years, and shall not 
     appoint a member for more than 2 consecutive terms.
       ``(C) Chair.--The Secretary shall appoint the Chair for the 
     Board.
       ``(3) Meetings.--The Board shall--
       ``(A) meet not less than 3 times per year; and
       ``(B) at least once per year, shall host a public forum to 
     review and assess the overall safety and environmental 
     performance of outer Continental Shelf energy and mineral 
     resource activities.
       ``(4) Reports.--Reports of the Board shall--
       ``(A) be submitted to Congress; and
       ``(B) made available to the public in an electronically 
     accessible form.
       ``(5) Travel expenses.--Members of the Board, other than 
     full-time employees of the Federal Government, while 
     attending a meeting of the Board or while otherwise serving 
     at the request of the Secretary or the Director while serving 
     away from their homes or regular places of business, may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for individuals in the Federal Government 
     serving without pay.
       ``(d) Special Personnel Authorities.--
       ``(1) Direct hiring authority for critical personnel.--
       ``(A) In general.--Notwithstanding sections 3104, 3304, and 
     3309 through 3318 of title 5, United States Code, the 
     Secretary may, upon a determination that there is a severe 
     shortage of candidates or a critical hiring need for 
     particular positions, recruit and directly appoint highly 
     qualified accountants, scientists, engineers, or critical 
     technical personnel into the competitive service, as officers 
     or employees of any of the organizational units established 
     under this section.
       ``(B) Requirements.--In exercising the authority granted 
     under subparagraph (A), the Secretary shall ensure that any 
     action taken by the Secretary--
       ``(i) is consistent with the merit principles of chapter 23 
     of title 5, United States Code; and
       ``(ii) complies with the public notice requirements of 
     section 3327 of title 5, United States Code.
       ``(2) Critical pay authority.--
       ``(A) In general.--Notwithstanding section 5377 of title 5, 
     United States Code, and without regard to the provisions of 
     that title governing appointments in the competitive service 
     or the Senior Executive Service and chapters 51 and 53 of 
     that title (relating to classification and pay rates), the 
     Secretary may establish, fix the compensation of, and appoint 
     individuals to critical positions needed to carry out the 
     functions of any of the organizational units established 
     under this section, if the Secretary certifies that--
       ``(i) the positions--

       ``(I) require expertise of an extremely high level in a 
     scientific or technical field; and
       ``(II) any of the organizational units established in this 
     section would not successfully accomplish an important 
     mission without such an individual; and

       ``(ii) exercise of the authority is necessary to recruit an 
     individual exceptionally well qualified for the position.
       ``(B) Limitations.--The authority granted under 
     subparagraph (A) shall be subject to the following 
     conditions:
       ``(i) The number of critical positions authorized by 
     subparagraph (A) may not exceed 40 at any 1 time in either of 
     the bureaus established under this section.
       ``(ii) The term of an appointment under subparagraph (A) 
     may not exceed 4 years.
       ``(iii) An individual appointed under subparagraph (A) may 
     not have been an employee of the Department of the Interior 
     during the 2-year period prior to the date of appointment.
       ``(iv) Total annual compensation for any individual 
     appointed under subparagraph (A) may not exceed the highest 
     total annual compensation payable at the rate determined 
     under section 104 of title 3, United States Code.
       ``(v) An individual appointed under subparagraph (A) may 
     not be considered to be an employee for purposes of 
     subchapter II of chapter 75 of title 5, United States Code.

[[Page S6404]]

       ``(C) Notification.--Each year, the Secretary shall submit 
     to Congress a notification that lists each individual 
     appointed under this paragraph.
       ``(3) Reemployment of civilian retirees.--
       ``(A) In general.--Notwithstanding part 553 of title 5, 
     Code of Federal Regulations (relating to reemployment of 
     civilian retirees to meet exceptional employment needs), or 
     successor regulations, the Secretary may approve the 
     reemployment of an individual to a particular position 
     without reduction or termination of annuity if the hiring of 
     the individual is necessary to carry out a critical function 
     of any of the organizational units established under this 
     section for which suitably qualified candidates do not exist.
       ``(B) Limitations.--An annuitant hired with full salary and 
     annuities under the authority granted by subparagraph (A)--
       ``(i) shall not be considered an employee for purposes of 
     subchapter III of chapter 83 and chapter 84 of title 5, 
     United States Code;
       ``(ii) may not elect to have retirement contributions 
     withheld from the pay of the annuitant;
       ``(iii) may not use any employment under this paragraph as 
     a basis for a supplemental or recomputed annuity; and
       ``(iv) may not participate in the Thrift Savings Plan under 
     subchapter III of chapter 84 of title 5, United States Code.
       ``(C) Limitation on term.--The term of employment of any 
     individual hired under subparagraph (A) may not exceed an 
     initial term of 2 years, with an additional 2-year 
     appointment under exceptional circumstances.
       ``(e) Continuity of Authority.--Subject to the discretion 
     granted by Reorganization Plan Number 3 of 1950 (64 Stat. 
     1262; 43 U.S.C. 1451 note), any reference in any law, rule, 
     regulation, directive, or instruction, or certificate or 
     other official document, in force immediately prior to the 
     date of enactment of this section--
       ``(1) to the Minerals Management Service that pertains to 
     any of the duties and authorities described in this section 
     shall be deemed to refer and apply to the appropriate bureaus 
     and offices established under this section;
       ``(2) to the Director of the Minerals Management Service 
     that pertains to any of the duties and authorities described 
     in this section shall be deemed to refer and apply to the 
     Director of the bureau or office under this section to whom 
     the Secretary has assigned the respective duty or authority; 
     and
       ``(3) to any other position in the Minerals Management 
     Service that pertains to any of the duties and authorities 
     described in this section shall be deemed to refer and apply 
     to that same or equivalent position in the appropriate bureau 
     or office established under this section.''.
       (b) Conforming Amendment.--Section 5316 of title 5, United 
     States Code, is amended by striking ``Director, Bureau of 
     Mines, Department of the Interior'' and inserting the 
     following:
       `` ``Bureau Directors, Department of the Interior (2).
       `` ``Director, Royalty and Revenue Office, Department of 
     the Interior.''.

     SEC. 306. SAFETY, ENVIRONMENTAL, AND FINANCIAL REFORM OF THE 
                   OUTER CONTINENTAL SHELF LANDS ACT.

       (a) Definitions.--Section 2 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1331) is amended by adding at the end 
     the following:
       ``(r) Safety Case.--The term `safety case' means a complete 
     set of safety documentation that provides a basis for 
     determining whether a system is adequately safe for a given 
     application in a given environment.''.
       (b) Administration of Leasing.--Section 5(a) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1334(a)) is amended in 
     the second sentence--
       (1) by striking ``The Secretary may at any time'' and 
     inserting ``The Secretary shall''; and
       (2) by inserting after ``provide for'' the following: 
     ``operational safety, the protection of the marine and 
     coastal environment,''.
       (c) Maintenance of Leases.--Section 6 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1335) is amended by 
     adding at the end the following:
       ``(f) Review of Bond and Surety Amounts.--Not later than 
     May 1, 2011, and every 5 years thereafter, the Secretary 
     shall--
       ``(1) review the minimum financial responsibility 
     requirements for mineral leases under subsection (a)(11); and
       ``(2) adjust for inflation based on the Consumer Price 
     Index for all Urban Consumers published by the Bureau of 
     Labor Statistics of the Department of Labor, and recommend to 
     Congress any further changes to existing financial 
     responsibility requirements necessary to permit lessees to 
     fulfill all obligations under this Act or the Oil Pollution 
     Act of 1990 (33 U.S.C. 2701 et seq.).
       ``(g) Periodic Fiscal Reviews and Reports.--
       ``(1) Royalty rates.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection and every 4 years thereafter, 
     the Secretary shall carry out a review of, and prepare a 
     report that describes--
       ``(i) the royalty and rental rates included in new offshore 
     oil and gas leases and the rationale for the rates;
       ``(ii) whether, in the view of the Secretary, the royalty 
     and rental rates described in subparagraph (A) would yield a 
     fair return to the public while promoting the production of 
     oil and gas resources in a timely manner; and
       ``(iii) whether, based on the review, the Secretary intends 
     to modify the royalty or rental rates.
       ``(B) Public participation.--In carrying out a review and 
     preparing a report under subparagraph (A), the Secretary 
     shall provide to the public an opportunity to participate.
       ``(2) Comparative review of fiscal system.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection and every 4 years thereafter, 
     the Secretary in consultation with the Secretary of the 
     Treasury, shall carry out a comprehensive review of all 
     components of the Federal offshore oil and gas fiscal system, 
     including requirements for bonus bids, rental rates, 
     royalties, oil and gas taxes, income taxes and other 
     significant financial elements, and oil and gas fees.
       ``(B) Inclusions.--The review shall include--
       ``(i) information and analyses comparing the offshore bonus 
     bids, rents, royalties, taxes, and fees of the Federal 
     Government to the offshore bonus bids, rents, royalties, 
     taxes, and fees of other resource owners (including States 
     and foreign countries); and
       ``(ii) an assessment of the overall offshore oil and gas 
     fiscal system in the United States, as compared to foreign 
     countries.
       ``(C) Independent advisory committee.--In carrying out a 
     review under this paragraph, the Secretary shall convene and 
     seek the advice of an independent advisory committee 
     comprised of oil and gas and fiscal experts from States, 
     Indian tribes, academia, the energy industry, and appropriate 
     nongovernmental organizations.
       ``(D) Report.--The Secretary shall prepare a report that 
     contains--
       ``(i) the contents and results of the review carried out 
     under this paragraph for the period covered by the report; 
     and
       ``(ii) any recommendations of the Secretary and the 
     Secretary of the Treasury based on the contents and results 
     of the review.
       ``(E) Combined report.--The Secretary may combine the 
     reports required by paragraphs (1) and (2)(D) into 1 report.
       ``(3) Report deadline.--Not later than 30 days after the 
     date on which the Secretary completes each report under this 
     subsection, the Secretary shall submit copies of the report 
     to--
       ``(A) the Committee on Energy and Natural Resources of the 
     Senate;
       ``(B) the Committee on Finance of the Senate;
       ``(C) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(D) the Committee on Ways and Means of the House of 
     Representatives.''.
       (d) Leases, Easements, and Rights-of-Way.--Section 8 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
     by striking subsection (d) and inserting the following:
       ``(d) Disqualification From Bidding.--No bid for a lease 
     may be submitted by any entity that the Secretary finds, 
     after prior public notice and opportunity for a hearing--
       ``(1) is not meeting due diligence, safety, or 
     environmental requirements on other leases; or
       ``(2)(A) is a responsible party for a vessel or a facility 
     from which oil is discharged, for purposes of section 1002 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2702); and
       ``(B) has failed to meet the obligations of the responsible 
     party under that Act to provide compensation for covered 
     removal costs and damages.''.
       (e) Exploration Plans.--Section 11 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1340) is amended--
       (1) in subsection (c)--
       (A) in the fourth sentence of paragraph (1), by striking 
     ``within thirty days of its submission'' and inserting ``by 
     the deadline described in paragraph (5)'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Minimum requirements.--
       ``(A) In general.--An exploration plan submitted under this 
     subsection shall include, in such degree of detail as the 
     Secretary by regulation may require--
       ``(i) a complete description and schedule of the 
     exploration activities to be undertaken;
       ``(ii) a description of the equipment to be used for the 
     exploration activities, including--

       ``(I) a description of the drilling unit;
       ``(II) a statement of the design and condition of major 
     safety-related pieces of equipment;
       ``(III) a description of any new technology to be used; and
       ``(IV) a statement demonstrating that the equipment to be 
     used meets the best available technology requirements under 
     section 21(b);

       ``(iii) a map showing the location of each well to be 
     drilled;
       ``(iv)(I) a scenario for the potential blowout of the well 
     involving the highest expected volume of liquid hydrocarbons; 
     and
       ``(II) a complete description of a response plan to control 
     the blowout and manage the accompanying discharge of 
     hydrocarbons, including--

       ``(aa) the technology and timeline for regaining control of 
     the well; and
       ``(bb) the strategy, organization, and resources to be used 
     to avoid harm to the environment and human health from 
     hydrocarbons; and

[[Page S6405]]

       ``(v) any other information determined to be relevant by 
     the Secretary.
       ``(B) Deepwater wells.--
       ``(i) In general.--Before conducting exploration activities 
     in water depths greater than 500 feet, the holder of a lease 
     shall submit to the Secretary for approval a deepwater 
     operations plan prepared by the lessee in accordance with 
     this subparagraph.
       ``(ii) Technology requirements.--A deepwater operations 
     plan under this subparagraph shall be based on the best 
     available technology to ensure safety in carrying out the 
     exploration activity and the blowout response plan.
       ``(iii) Systems analysis required.--The Secretary shall not 
     approve a deepwater operations plan under this subparagraph 
     unless the plan includes a technical systems analysis of--

       ``(I) the safety of the proposed exploration activity;
       ``(II) the blowout prevention technology; and
       ``(III) the blowout and spill response plans.''; and

       (C) by adding at the end the following:
       ``(5) Deadline for approval.--
       ``(A) In general.--In the case of a lease issued under a 
     sale held after March 17, 2010, the deadline for approval of 
     an exploration plan referred to in the fourth sentence of 
     paragraph (1) is--
       ``(i) the date that is 90 days after the date on which the 
     plan or the modifications to the plan are submitted; or
       ``(ii) the date that is not later than an additional 180 
     days after the deadline described in clause (i), if the 
     Secretary makes a finding that additional time is necessary 
     to complete any environmental, safety, or other reviews.
       ``(B) Existing leases.--In the case of a lease issued under 
     a sale held on or before March 17, 2010, the Secretary, with 
     the consent of the holder of the lease, may extend the 
     deadline applicable to the lease for such additional time as 
     the Secretary determines is necessary to complete any 
     environmental, safety, or other reviews.'';
       (2) by redesignating subsections (e) through (h) as 
     subsections (f) through (i), respectively; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Drilling Permits.--
       ``(1) In general.--The Secretary shall, by regulation, 
     require that any lessee operating under an approved 
     exploration plan obtain a permit--
       ``(A) before the lessee drills a well in accordance with 
     the plan; and
       ``(B) before the lessee significantly modifies the well 
     design originally approved by the Secretary.
       ``(2) Engineering review required.--The Secretary may not 
     grant any drilling permit until the date of completion of a 
     full review of the well system by not less than 2 agency 
     engineers, including a written determination that--
       ``(A) critical safety systems (including blowout 
     prevention) will use best available technology; and
       ``(B) blowout prevention systems will include redundancy 
     and remote triggering capability.
       ``(3) Modification review required.--The Secretary may not 
     approve any modification of a permit without a determination, 
     after an additional engineering review, that the modification 
     will not compromise the safety of the well system previously 
     approved.
       ``(4) Operator safety and environmental management 
     required.--The Secretary may not grant any drilling permit or 
     modification of the permit until the date of completion and 
     approval of a safety and environmental management plan that--
       ``(A) is to be used by the operator during all well 
     operations; and
       ``(B) includes--
       ``(i) a description of the expertise and experience level 
     of crew members who will be present on the rig; and
       ``(ii) designation of at least 2 environmental and safety 
     managers that--

       ``(I) are employees of the operator;
       ``(II) would be present on the rig at all times; and
       ``(III) have overall responsibility for the safety and 
     environmental management of the well system and spill 
     response plan; and

       ``(C) not later than May 1, 2012, requires that all 
     employees on the rig meet the training and experience 
     requirements under section 21(b)(4).
       ``(e) Disapproval of Exploration Plan.--
       ``(1) In general.--The Secretary shall disapprove an 
     exploration plan submitted under this section if the 
     Secretary determines that, because of exceptional geological 
     conditions in the lease areas, exceptional resource values in 
     the marine or coastal environment, or other exceptional 
     circumstances, that--
       ``(A) implementation of the exploration plan would probably 
     cause serious harm or damage to life (including fish and 
     other aquatic life), property, mineral deposits, national 
     security or defense, or the marine, coastal or human 
     environments;
       ``(B) the threat of harm or damage would not disappear or 
     decrease to an acceptable extent within a reasonable period 
     of time; and
       ``(C) the advantages of disapproving the exploration plan 
     outweigh the advantages of exploration.
       ``(2) Compensation.--If an exploration plan is disapproved 
     under this subsection, the provisions of subparagraphs (B) 
     and (C) of section 25(h)(2) shall apply to the lease and the 
     plan or any modified plan, except that the reference in 
     section 25(h)(2)(C) to a development and production plan 
     shall be considered to be a reference to an exploration 
     plan.''.
       (f) Outer Continental Shelf Leasing Program.--Section 18 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is 
     amended--
       (1) in subsection (a)--
       (A) in the second sentence, by inserting after ``national 
     energy needs'' the following: ``and the need for the 
     protection of the marine and coastal environment and 
     resources'';
       (B) in paragraph (1), by striking ``considers'' and 
     inserting ``gives equal consideration to''; and
       (C) in paragraph (3), by striking ``, to the maximum extent 
     practicable,'';
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) provide technical review and oversight of the 
     exploration plan and a systems review of the safety of the 
     well design and other operational decisions;
       ``(6) conduct regular and thorough safety reviews and 
     inspections, and;
       ``(7) enforce all applicable laws (including 
     regulations).'';
       (3) in the second sentence of subsection (d)(2), by 
     inserting ``, the head of an interested Federal agency,'' 
     after ``Attorney General'';
       (4) in the first sentence of subsection (g), by inserting 
     before the period at the end the following: ``, including 
     existing inventories and mapping of marine resources 
     previously undertaken by the Department of the Interior and 
     the National Oceanic and Atmospheric Administration, 
     information provided by the Department of Defense, and other 
     available data regarding energy or mineral resource 
     potential, navigation uses, fisheries, aquaculture uses, 
     recreational uses, habitat, conservation, and military uses 
     on the outer Continental Shelf''; and
       (5) by adding at the end the following:
       ``(i) Research and Development.--
       ``(1) In general.--The Secretary shall carry out a program 
     of research and development to ensure the continued 
     improvement of methodologies for characterizing resources of 
     the outer Continental Shelf and conditions that may affect 
     the ability to develop and use those resources in a safe, 
     sound, and environmentally responsible manner.
       ``(2) Inclusions.--Research and development activities 
     carried out under paragraph (1) may include activities to 
     provide accurate estimates of energy and mineral reserves and 
     potential on the outer Continental Shelf and any activities 
     that may assist in filling gaps in environmental data needed 
     to develop each leasing program under this section.
       ``(3) Leasing activities.--Research and development 
     activities carried out under paragraph (1) shall not be 
     considered to be leasing or pre-leasing activities for 
     purposes of this Act.''.
       (g) Environmental Studies.--Section 20 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1346) is amended--
       (1) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Comprehensive and Independent Studies.--
       ``(1) In general.--The Secretary shall develop and carry 
     out programs for the collection, evaluation, assembly, 
     analysis, and dissemination of environmental and other 
     resource data that are relevant to carrying out the purposes 
     of this Act, including assessments under subsection (g) .
       ``(2) Scope of research.--The programs under this 
     subsection shall include--
       ``(A) the gathering of baseline data in areas before energy 
     or mineral resource development activities occur;
       ``(B) ecosystem research and monitoring studies to support 
     integrated resource management decisions; and
       ``(C) the improvement of scientific understanding of the 
     fate, transport, and effects of discharges and spilled 
     materials, including deep water hydrocarbon spills, in the 
     marine environment.
       ``(3) Use of data.--The Secretary shall ensure that 
     information from the studies carried out under this section--
       ``(A) informs the management of energy and mineral 
     resources on the outer Continental Shelf including any areas 
     under consideration for oil and gas leasing; and
       ``(B) contributes to a broader coordination of energy and 
     mineral resource development activities within the context of 
     best available science.
       ``(4) Independence.--The Secretary shall create a program 
     within the appropriate bureau established under section 32 
     that shall--
       ``(A) be programmatically separate and distinct from the 
     leasing program;
       ``(B) carry out the environmental studies under this 
     section;
       ``(C) conduct additional environmental studies relevant to 
     the sound management of energy and mineral resources on the 
     outer Continental Shelf;
       ``(D) provide for external scientific review of studies 
     under this section, including

[[Page S6406]]

     through appropriate arrangements with the National Academy of 
     Sciences; and
       ``(E) subject to the restrictions of subsections (g) and 
     (h) of section 18, make available to the public studies 
     conducted and data gathered under this section.''; and
       (3) in the first sentence of subsection (b)(1) (as so 
     redesignated), by inserting ``every 3 years'' after ``shall 
     conduct''.
       (h) Safety Research and Regulations.--Section 21 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1347) is 
     amended--
       (1) in the first sentence of subsection (a), by striking 
     ``Upon the date of enactment of this section,'' and inserting 
     ``Not later than May 1, 2011, and every 3 years 
     thereafter,'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Best Available Technologies and Practices.--
       ``(1) In general.--In exercising respective 
     responsibilities under this Act, the Secretary, and the 
     Secretary of the Department in which the Coast Guard is 
     operating, shall require, on all new drilling and production 
     operations and, to the maximum extent practicable, on 
     existing operations, the use of the best available and safest 
     technologies and practices, if the failure of equipment would 
     have a significant effect on safety, health, or the 
     environment.
       ``(2) Identification of best available technologies.--Not 
     later than May 1, 2011, and not later than every 3 years 
     thereafter, the Secretary shall identify and publish an 
     updated list of best available technologies for key areas of 
     well design and operation, including blowout prevention and 
     blowout and oil spill response.
       ``(3) Safety case.--Not later than May 1, 2011, the 
     Secretary shall promulgate regulations requiring a safety 
     case be submitted along with each new application for a 
     permit to drill on the outer Continental Shelf.
       ``(4) Employee training.--
       ``(A) In general.--Not later than May 1, 2011, the 
     Secretary shall promulgate regulations setting standards for 
     training for all workers on offshore facilities (including 
     mobile offshore drilling units) conducting energy and mineral 
     resource exploration, development, and production operations 
     on the outer Continental Shelf.
       ``(B) Requirements.--The training standards under this 
     paragraph shall require that employers of workers described 
     in subparagraph (A)--
       ``(i) establish training programs approved by the 
     Secretary; and
       ``(ii) demonstrate that employees involved in the offshore 
     operations meet standards that demonstrate the aptitude of 
     the employees in critical technical skills.
       ``(C) Experience.--The training standards under this 
     section shall require that any offshore worker with less than 
     5 years of applied experience in offshore facilities 
     operations pass a certification requirement after receiving 
     the appropriate training.
       ``(D) Monitoring training courses.--The Secretary shall 
     ensure that Department employees responsible for inspecting 
     offshore facilities monitor, observe, and report on training 
     courses established under this paragraph, including attending 
     a representative number of the training sessions, as 
     determined by the Secretary.''; and
       (3) by adding at the end the following:
       ``(g) Technology Research and Risk Assessment Program.--
       ``(1) In general.--The Secretary shall carry out a program 
     of research, development, and risk assessment to address 
     technology and development issues associated with outer 
     Continental Shelf energy and mineral resource activities, 
     with the primary purpose of informing the role of research, 
     development, and risk assessment relating to safety, 
     environmental protection, and spill response.
       ``(2) Specific areas of focus.--The program under this 
     subsection shall include research, development, and other 
     activities related to--
       ``(A) risk assessment, using all available data from safety 
     and compliance records both within the United States and 
     internationally;
       ``(B) analysis of industry trends in technology, 
     investment, and interest in frontier areas;
       ``(C) analysis of incidents investigated under section 22;
       ``(D) reviews of best available technologies, including 
     technologies associated with pipelines, blowout preventer 
     mechanisms, casing, well design, and other associated 
     infrastructure related to offshore energy development;
       ``(E) oil spill response and mitigation;
       ``(F) risks associated with human factors; and
       ``(G) renewable energy operations.
       ``(3) Information sharing activities.--
       ``(A) Domestic activities.--The Secretary shall carry out 
     programs to facilitate the exchange and dissemination of 
     scientific and technical information and best practices 
     related to the management of safety and environmental issues 
     associated with energy and mineral resource exploration, 
     development, and production.
       ``(B) International cooperation.--The Secretary shall carry 
     out programs to cooperate with international organizations 
     and foreign governments to share information and best 
     practices related to the management of safety and 
     environmental issues associated with energy and mineral 
     resource exploration, development, and production.
       ``(4) Reports.--The program under this subsection shall 
     provide to the Secretary, each Bureau Director under section 
     32, and the public quarterly reports that address--
       ``(A) developments in each of the areas under paragraph 
     (2); and
       ``(B)(i) any accidents that have occurred in the past 
     quarter; and
       ``(ii) appropriate responses to the accidents.
       ``(5) Independence.--The Secretary shall create a program 
     within the appropriate bureau established under section 32 
     that shall--
       ``(A) be programmatically separate and distinct from the 
     leasing program;
       ``(B) carry out the studies, analyses, and other activities 
     under this subsection;
       ``(C) provide for external scientific review of studies 
     under this section, including through appropriate 
     arrangements with the National Academy of Sciences; and
       ``(D) make available to the public studies conducted and 
     data gathered under this section.
       ``(6) Use of data.--The Secretary shall ensure that the 
     information from the studies and research carried out under 
     this section inform the development of safety practices and 
     regulations as required by this Act and other applicable 
     laws.''.
       (i) Enforcement.--Section 22 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1348) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``, each loss of 
     well control, blowout, activation of the blowout preventer, 
     and other accident that presented a serious risk to human or 
     environmental safety,'' after ``fire''; and
       (ii) in the last sentence, by inserting ``as a condition of 
     the lease'' before the period at the end;
       (B) in the last sentence of paragraph (2), by inserting 
     ``as a condition of lease'' before the period at the end;
       (2) in subsection (e)--
       (A) by striking ``(e) The'' and inserting the following:
       ``(e) Review of Alleged Safety Violations.--
       ``(1) In general.--The''; and
       (B) by adding at the end the following:
       ``(2) Investigation.--The Secretary shall investigate any 
     allegation from any employee of the lessee or any 
     subcontractor of the lessee made under paragraph (1).''; and
       (3) by adding at the end of the section the following:
       ``(g) Independent Investigation.--
       ``(1) In general.--At the request of the Secretary, the 
     National Transportation Safety Board may conduct an 
     independent investigation of any accident, occurring in the 
     outer Continental Shelf and involving activities under this 
     Act, that does not otherwise fall within the definition of an 
     accident or major marine casualty, as those terms are used in 
     chapter 11 of title 49, United States Code.
       ``(2) Transportation accident.--For purposes of an 
     investigation under this subsection, the accident that is the 
     subject of the request by the Secretary shall be determined 
     to be a transportation accident within the meaning of that 
     term in chapter 11 of title 49, United States Code.
       ``(h) Information on Causes and Corrective Actions.--
       ``(1) In general.--For each incident investigated under 
     this section, the Secretary shall promptly make available to 
     all lessees and the public technical information about the 
     causes and corrective actions taken.
       ``(2) Public database.--All data and reports related to an 
     incident described in paragraph (1) shall be maintained in a 
     database that is available to the public.
       ``(i) Inspection Fee.--
       ``(1) In general.--To the extent necessary to fund the 
     inspections described in this paragraph, the Secretary shall 
     collect a non-refundable inspection fee, which shall be 
     deposited in the Ocean Energy Enforcement Fund established 
     under paragraph (3), from the designated operator for 
     facilities subject to inspection under subsection (c).
       ``(2) Establishment.--The Secretary shall establish, by 
     rule, inspection fees--
       ``(A) at an aggregate level equal to the amount necessary 
     to offset the annual expenses of inspections of outer 
     Continental Shelf facilities (including mobile offshore 
     drilling units) by the Department of the Interior; and
       ``(B) using a schedule that reflects the differences in 
     complexity among the classes of facilities to be inspected.
       ``(3) Ocean energy enforcement fund.--There is established 
     in the Treasury a fund, to be known as the `Ocean Energy 
     Enforcement Fund' (referred to in this subsection as the 
     `Fund'), into which shall be deposited amounts collected 
     under paragraph (1) and which shall be available as provided 
     under paragraph (4).
       ``(4) Availability of fees.--Notwithstanding section 3302 
     of title 31, United States Code, all amounts collected by the 
     Secretary under this section--
       ``(A) shall be credited as offsetting collections;
       ``(B) shall be available for expenditure only for purposes 
     of carrying out inspections of outer Continental Shelf 
     facilities (including mobile offshore drilling units) and the 
     administration of the inspection program;
       ``(C) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       ``(D) shall remain available until expended.
       ``(5) Annual reports.--
       ``(A) In general.--Not later than 60 days after the end of 
     each fiscal year beginning

[[Page S6407]]

     with fiscal year 2011, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report on the operation of the Fund during 
     the fiscal 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.''.
       (j) Remedies and Penalties.--Section 24 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1350) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Civil Penalty.--
       ``(1) In general.--Subject to paragraphs (2) through (3), 
     if any person fails to comply with this Act, any term of a 
     lease or permit issued under this Act, or any regulation or 
     order issued under this Act, the person shall be liable for a 
     civil administrative penalty of not more than $75,000 for 
     each day of continuance of each failure.
       ``(2) Administration.--The Secretary may assess, collect, 
     and compromise any penalty under paragraph (1).
       ``(3) Hearing.--No penalty shall be assessed under this 
     subsection until the person charged with a violation has been 
     given the opportunity for a hearing.
       ``(4) Adjustment.--The penalty amount specified in this 
     subsection shall increase each year to reflect any increases 
     in the Consumer Price Index for All Urban Consumers published 
     by the Bureau of Labor Statistics of the Department of 
     Labor.'';
       (2) in subsection (c)--
       (A) in the first sentence, by striking ``$100,000'' and 
     inserting ``$10,000,000''; and
       (B) by adding at the end the following: ``The penalty 
     amount specified in this subsection shall increase each year 
     to reflect any increases in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor.''; and
       (3) in subsection (d), by inserting ``, or with reckless 
     disregard,'' after ``knowingly and willfully''.
       (k) Oil and Gas Development and Production.--Section 25 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is 
     amended by striking ``, other than the Gulf of Mexico,'' each 
     place it appears in subsections (a)(1), (b), and (e)(1).
       (l) Conflicts of Interest.--Section 29 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1355) is amended to 
     read as follows:

     ``SEC. 29. CONFLICTS OF INTEREST.

       ``(a) Restrictions on Employment.--No full-time officer or 
     employee of the Department of the Interior who directly or 
     indirectly discharges duties or responsibilities under this 
     Act shall--
       ``(1) within 2 years after his employment with the 
     Department has ceased--
       ``(A) knowingly act as agent or attorney for, or otherwise 
     represent, any other person (except the United States) in any 
     formal or informal appearance before;
       ``(B) with the intent to influence, make any oral or 
     written communication on behalf of any other person (except 
     the United States) to; or
       ``(C) knowingly aid, advise, or assist in--
       ``(i) representing any other person (except the United 
     States in any formal or informal appearance before; or
       ``(ii) making, with the intent to influence, any oral or 
     written communication on behalf of any other person (except 
     the United States) to,

     any department, agency, or court of the United States, or any 
     officer or employee thereof, in connection with any judicial 
     or other proceeding, application, request for a ruling or 
     other determination, regulation, order lease, permit, 
     rulemaking, inspection, enforcement action, or other 
     particular matter involving a specific party or parties in 
     which the United States is a party or has a direct and 
     substantial interest which was actually pending under his 
     official responsibility as an officer or employee within a 
     period of one year prior to the termination of such 
     responsibility or in which he participated personally and 
     substantially as an officer or employee;
       ``(2) within 1 year after his employment with the 
     Department has ceased--
       ``(A) knowingly act as agent or attorney for, or otherwise 
     represent, any other person (except the United States) in any 
     formal or informal appearance before;
       ``(B) with the intent to influence, make any oral or 
     written communication on behalf of any other person (except 
     the United States) to; or
       ``(C) knowingly aid , advise, or assist in --
       ``(i) representing any other person (except the United 
     States in any formal or informal appearance before, or
       ``(ii) making, with the intent to influence, any oral or 
     written communication on behalf of any other person (except 
     the United States) to,

     the Department of the Interior, or any officer or employee 
     thereof, in connection with any judicial, rulemaking, 
     regulation, order, lease, permit, regulation, inspection, 
     enforcement action, or other particular matter which is 
     pending before the Department of the Interior or in which the 
     Department has a direct and substantial interest; or
       ``(3) accept employment or compensation, during the 1-year 
     period beginning on the date on which employment with the 
     Department has ceased, from any person (other than the United 
     States) that has a direct and substantial interest--
       ``(A) that was pending under the official responsibility of 
     the employee as an officer or employee of the Department 
     during the 1-year period preceding the termination of the 
     responsibility; or
       ``(B) in which the employee participated personally and 
     substantially as an officer or employee.
       ``(b) Prior Employment Relationships.--No full-time officer 
     or employee of the Department of the Interior who directly or 
     indirectly discharges duties or responsibilities under this 
     Act shall participate personally and substantially as a 
     Federal officer or employee, through decision, approval, 
     disapproval, recommendation, the rendering of advice, 
     investigation, or otherwise, in a proceeding, application, 
     request for a ruling or other determination, contract, claim, 
     controversy, charge, accusation, inspection, enforcement 
     action, or other particular matter in which, to the knowledge 
     of the officer or employee--
       ``(1) the officer or employee or the spouse, minor child, 
     or general partner of the officer or employee has a financial 
     interest;
       ``(2) any organization in which the officer or employee is 
     serving as an officer, director, trustee, general partner, or 
     employee has a financial interest;
       ``(3) any person or organization with whom the officer or 
     employee is negotiating or has any arrangement concerning 
     prospective employment has a financial interest; or
       ``(4) any person or organization in which the officer or 
     employee has, within the preceding 1-year period, served as 
     an officer, director, trustee, general partner, agent, 
     attorney, consultant, contractor, or employee has a financial 
     interest.
       ``(c) Gifts From Outside Sources.--No full-time officer or 
     employee of the Department of the Interior who directly or 
     indirectly discharges duties or responsibilities under this 
     Act shall, directly or indirectly, solicit or accept any gift 
     in violation of subpart B of part 2635 of title V, Code of 
     Federal Regulations (or successor regulations).
       ``(d) Exemptions.--The Secretary may, by rule, exempt from 
     this section clerical and support personnel who do not 
     conduct inspections, perform audits, or otherwise exercise 
     regulatory or policy making authority under this Act.
       ``(e) Penalties.--
       ``(1) Criminal penalties.--Any person who violates 
     paragraph (1) or (2) of subsection (a) or subsection (b) 
     shall be punished in accordance with section 216 of title 18, 
     United States Code.
       ``(2) Civil penalties.--Any person who violates subsection 
     (a)(3) or (c) shall be punished in accordance with subsection 
     (b) of section 216 of title 18, United States Code.''.

     SEC. 307. STUDY ON THE EFFECT OF THE MORATORIA ON NEW 
                   DEEPWATER DRILLING IN THE GULF OF MEXICO ON 
                   EMPLOYMENT AND SMALL BUSINESSES.

       (a) In General.--The Department of Energy, acting through 
     the Energy Information Administration, shall publish a 
     monthly study evaluating the effect of the moratoria 
     resulting from 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, on employment and small businesses.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act and at the beginning of each month 
     thereafter during the effective period of the moratoria 
     described in subsection (a), the Secretary of Energy, acting 
     through the Energy Information Administration, shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report regarding the results of the 
     study conducted under subsection (a), including--
       (1) a survey of the effect of the moratoria on deepwater 
     drilling on employment in the industries directly involved in 
     oil and natural gas exploration in the outer Continental 
     Shelf;
       (2) a survey of the effect of the moratoria on employment 
     in the industries indirectly involved in oil and natural gas 
     exploration in the outer Continental Shelf, including 
     suppliers of supplies or services and customers of industries 
     directly involved in oil and natural gas exploration;
       (3) an estimate of the effect of the moratoria on the 
     revenues of small business located near the Gulf of Mexico 
     and, to the maximum extent practicable, throughout the United 
     States; and
       (4) any recommendations to mitigate possible negative 
     effects on small business concerns resulting from the 
     moratoria.

     SEC. 308. REFORM OF OTHER LAW.

       Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 
     1337 note; Public Law 109-58) is amended by adding at the end 
     the following:
       ``(4) Federal agencies.--Any head of a Federal department 
     or agency shall, on request of the Secretary, provide to the 
     Secretary all data and information that the Secretary 
     determines to be necessary for the purpose of including the 
     data and information in the mapping initiative, except that 
     no Federal department or agency shall be required to provide 
     any data or information that is privileged or proprietary.''.

[[Page S6408]]

     SEC. 309. SAFER OIL AND GAS PRODUCTION.

       (a) Program Authority.--Section 999A of the Energy Policy 
     Act of 2005 (42 U.S.C. 16371) is amended--
       (1) in subsection (a)--
       (A) by striking ``ultra-deepwater'' and inserting 
     ``deepwater''; and
       (B) by inserting ``well control and accident prevention,'' 
     after ``safe operations,'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Deepwater architecture, well control and accident 
     prevention, and deepwater technology, including drilling to 
     deep formations in waters greater than 500 feet.''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Safety technology research and development for 
     drilling activities aimed at well control and accident 
     prevention performed by the Office of Fossil Energy of the 
     Department.''; and
       (3) in subsection (d)--
       (A) in the subsection heading, by striking ``National 
     Energy Technology Laboratory'' and inserting ``Office of 
     Fossil Energy of the Department''; and
       (B) by striking ``National Energy Technology Laboratory'' 
     and inserting ``Office of Fossil Energy of the Department''.
       (b) Deepwater and Unconventional Onshore Natural Gas and 
     Other Petroleum Research and Development Program.--Section 
     999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is 
     amended--
       (1) in the section heading, by striking ``ULTRA-DEEPWATER 
     AND UNCONVENTIONAL ONSHORE NATURAL GAS AND OTHER PETROLEUM'' 
     and inserting ``SAFE OIL AND GAS PRODUCTION AND ACCIDENT 
     PREVENTION'';
       (2) in subsection (a), by striking ``, by increasing'' and 
     all that follows through the period at the end and inserting 
     ``and the safe and environmentally responsible exploration, 
     development, and production of hydrocarbon resources.'';
       (3) in subsection (c)(1)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) projects will be selected on a competitive, peer-
     reviewed basis.''; and
       (4) in subsection (d)--
       (A) in paragraph (6), by striking ``ultra-deepwater'' and 
     inserting ``deepwater'';
       (B) in paragraph (7)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``Ultra-
     deepwater'' and inserting ``Deepwater'';
       (II) by striking ``development and'' and inserting 
     ``research, development, and''; and
       (III) by striking ``as well as'' and all that follows 
     through the period at the end and inserting ``aimed at 
     improving operational safety of drilling activities, 
     including well integrity systems, well control, blowout 
     prevention, the use of non-toxic materials, and integrated 
     systems approach-based management for exploration and 
     production in deepwater.'';

       (ii) in subparagraph (B), by striking ``and environmental 
     mitigation'' and inserting ``use of non-toxic materials, 
     drilling safety, and environmental mitigation and accident 
     prevention'';
       (iii) in subparagraph (C), by inserting ``safety and 
     accident prevention, well control and systems integrity,'' 
     after ``including''; and
       (iv) by adding at the end the following:
       ``(D) Safety and accident prevention technology research 
     and development.--Awards from allocations under section 
     999H(d)(4) shall be expended on areas including--
       ``(i) development of improved cementing and casing 
     technologies;
       ``(ii) best management practices for cementing, casing, and 
     other well control activities and technologies;
       ``(iii) development of integrity and stewardship guidelines 
     for--

       ``(I) well-plugging and abandonment;
       ``(II) development of wellbore sealant technologies; and
       ``(III) improvement and standardization of blowout 
     prevention devices.''; and

       (C) by adding at the end the following:
       ``(8) Study; report.--
       ``(A) Study.--As soon as practicable after the date of 
     enactment of this paragraph, the Secretary shall enter into 
     an arrangement with the National Academy of Sciences under 
     which the Academy shall conduct a study to determine--
       ``(i) whether the benefits provided through each award 
     under this subsection during calendar year 2011 have been 
     maximized; and
       ``(ii) the new areas of research that could be carried out 
     to meet the overall objectives of the program.
       ``(B) Report.--Not later than January 1, 2012, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that contains a description of the results 
     of the study conducted under subparagraph (A).
       ``(C) Optional updates.--The Secretary may update the 
     report described in subparagraph (B) for the 5-year period 
     beginning on the date described in that subparagraph and each 
     5-year period thereafter.'';
       (5) in subsection (e)--
       (A) in paragraph (2)--
       (i) in the second sentence of subparagraph (A), by 
     inserting ``to the Secretary for review'' after ``submit''; 
     and
       (ii) in the first sentence of subparagraph (B), by striking 
     ``Ultra-Deepwater'' and all that follows through ``and such 
     Advisory Committees'' and inserting ``Program Advisory 
     Committee established under section 999D(a), and the Advisory 
     Committee''; and
       (B) by adding at the end the following:
       ``(6) Research findings and recommendations for 
     implementation.--The Secretary, in consultation with the 
     Secretary of the Interior and the Administrator of the 
     Environmental Protection Agency, shall publish in the Federal 
     Register an annual report on the research findings of the 
     program carried out under this section and any 
     recommendations for implementation that the Secretary, in 
     consultation with the Secretary of the Interior and the 
     Administrator of the Environmental Protection Agency, 
     determines to be necessary.'';
       (6) in subsection (i)--
       (A) in the subsection heading, by striking ``United States 
     Geological Survey'' and inserting ``Department of the 
     Interior''; and
       (B) by striking ``, through the United States Geological 
     Survey,''; and
       (7) in the first sentence of subsection (j), by striking 
     ``National Energy Technology Laboratory'' and inserting 
     ``Office of Fossil Energy of the Department''.
       (c) Additional Requirements for Awards.--Section 999C(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16373(b)) is amended 
     by striking ``an ultra-deepwater technology or an ultra-
     deepwater architecture'' and inserting ``a deepwater 
     technology''.
       (d) Program Advisory Committee.--Section 999D of the Energy 
     Policy Act of 2005 (42 U.S.C. 16374) is amended to read as 
     follows:

     ``SEC. 999D. PROGRAM ADVISORY COMMITTEE.

       ``(a) Establishment.--Not later than 270 days after the 
     date of enactment of the Outer Continental Shelf Reform Act 
     of 2010, the Secretary shall establish an advisory committee 
     to be known as the `Program Advisory Committee' (referred to 
     in this section as the `Advisory Committee').
       ``(b) Membership.--
       ``(1) In general.--The Advisory Committee shall be composed 
     of members appointed by the Secretary, including--
       ``(A) individuals with extensive research experience or 
     operational knowledge of hydrocarbon exploration and 
     production;
       ``(B) individuals broadly representative of the affected 
     interests in hydrocarbon production, including interests in 
     environmental protection and safety operations;
       ``(C) representatives of Federal agencies, including the 
     Environmental Protection Agency and the Department of the 
     Interior;
       ``(D) State regulatory agency representatives; and
       ``(E) other individuals, as determined by the Secretary.
       ``(2) Limitations.--
       ``(A) In general.--The Advisory Committee shall not include 
     individuals who are board members, officers, or employees of 
     the program consortium.
       ``(B) Categorical representation.--In appointing members of 
     the Advisory Committee, the Secretary shall ensure that no 
     class of individuals described in any of subparagraphs (A), 
     (B), (D), or (E) of paragraph (1) comprises more than \1/3\ 
     of the membership of the Advisory Committee.
       ``(c) Subcommittees.--The Advisory Committee may establish 
     subcommittees for separate research programs carried out 
     under this subtitle.
       ``(d) Duties.--The Advisory Committee shall--
       ``(1) advise the Secretary on the development and 
     implementation of programs under this subtitle; and
       ``(2) carry out section 999B(e)(2)(B).
       ``(e) Compensation.--A member of the Advisory Committee 
     shall serve without compensation but shall be entitled to 
     receive travel expenses in accordance with subchapter I of 
     chapter 57 of title 5, United States Code.
       ``(f) Prohibition.--The Advisory Committee shall not make 
     recommendations on funding awards to particular consortia or 
     other entities, or for specific projects.''.
       (e) Definitions.--Section 999G of the Energy Policy Act of 
     2005 (42 U.S.C. 16377) is amended--
       (1) in paragraph (1), by striking ``200 but less than 1,500 
     meters'' and inserting ``500 feet'';
       (2) by striking paragraphs (8), (9), and (10);
       (3) by redesignating paragraphs (2) through (7) and (11) as 
     paragraphs (4) through (9) and (10), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) Deepwater architecture.--The term `deepwater 
     architecture' means the integration of technologies for the 
     exploration for, or production of, natural gas or other 
     petroleum resources located at deepwater depths.
       ``(3) Deepwater technology.--The term `deepwater 
     technology' means a discrete technology that is specially 
     suited to address 1 or more challenges associated with the 
     exploration for, or production of, natural gas or other 
     petroleum resources located at deepwater depths.''; and
       (5) in paragraph (10) (as redesignated by paragraph (3)), 
     by striking ``in an economically inaccessible geological 
     formation, including resources of small producers''.
       (f) Funding.--Section 999H of the Energy Policy Act of 2005 
     (42 U.S.C. 16378) is amended--

[[Page S6409]]

       (1) in the first sentence of subsection (a) by striking 
     ``Ultra-Deepwater and Unconventional Natural Gas and Other 
     Petroleum Research Fund'' and inserting ``Safe and 
     Responsible Energy Production Research Fund'';
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``35 percent'' and 
     inserting ``21.5 percent'';
       (B) in paragraph (2), by striking ``32.5 percent'' and 
     inserting ``21 percent'';
       (C) in paragraph (4)--
       (i) by striking ``25 percent'' and inserting ``30 
     percent'';
       (ii) by striking ``complementary research'' and inserting 
     ``safety technology research and development''; and
       (iii) by striking ``contract management,'' and all that 
     follows through the period at the end and inserting ``and 
     contract management.''; and
       (D) by adding at the end the following:
       ``(5) 20 percent shall be used for research activities 
     required under sections 20 and 21 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1346, 1347).''.
       (3) in subsection (f), by striking ``Ultra-Deepwater and 
     Unconventional Natural Gas and Other Petroleum Research 
     Fund'' and inserting ``Safer Oil and Gas Production and 
     Accident Prevention Research Fund''.
       (g) Conforming Amendment.--Subtitle J of title IX of the 
     Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is 
     amended in the subtitle heading by striking ``Ultra-Deepwater 
     and Unconventional Natural Gas and Other Petroleum 
     Resources'' and inserting ``Safer Oil and Gas Production and 
     Accident Prevention''.

     SEC. 310. NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL 
                   SPILL PREVENTION.

       (a) Establishment.--There is established in the Legislative 
     branch the National Commission on Outer Continental Shelf Oil 
     Spill Prevention (referred to in this section as the 
     ``Commission'').
       (b) Purposes.--The purposes of the Commission are--
       (1) to examine and report on the facts and causes relating 
     to the Deepwater Horizon explosion and oil spill of 2010;
       (2) to ascertain, evaluate, and report on the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances surrounding the incident;
       (3) to build upon the investigations of other entities, and 
     avoid unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of--
       (A) the Committees on Energy and Natural Resources and 
     Commerce, Science, and Transportation of the Senate;
       (B) the Committee on Natural Resources and the Subcommittee 
     on Oversight and Investigations of the House of 
     Representatives; and
       (C) other Executive branch, congressional, or independent 
     commission investigations into the Deepwater Horizon incident 
     of 2010, other fatal oil platform accidents and major spills, 
     and major oil spills generally;
       (4) to make a full and complete accounting of the 
     circumstances surrounding the incident, and the extent of the 
     preparedness of the United States for, and immediate response 
     of the United States to, the incident; and
       (5) to investigate and report to the President and Congress 
     findings, conclusions, and recommendations for corrective 
     measures that may be taken to prevent similar incidents.
       (c) Composition of Commission.--
       (1) Members.--The Commission shall be composed of 10 
     members, of whom--
       (A) 1 member shall be appointed by the President, who shall 
     serve as Chairperson of the Commission;
       (B) 1 member shall be appointed by the majority or minority 
     (as the case may be) leader of the Senate from the Republican 
     Party and the majority or minority (as the case may be) 
     leader of the House of Representatives from the Republican 
     Party, who shall serve as Vice Chairperson of the Commission;
       (C) 2 members shall be appointed by the senior member of 
     the leadership of the Senate from the Democratic Party;
       (D) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives from the 
     Republican Party;
       (E) 2 members shall be appointed by the senior member of 
     the leadership of the Senate from the Republican Party; and
       (F) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives from the 
     Democratic Party.
       (2) Qualifications; initial meeting.--
       (A) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (B) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be a current officer or employee of 
     the Federal Government or any State or local government.
       (C) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience and expertise in such areas 
     as--
       (i) engineering;
       (ii) environmental compliance;
       (iii) health and safety law (particularly oil spill 
     legislation);
       (iv) oil spill insurance policies;
       (v) public administration;
       (vi) oil and gas exploration and production;
       (vii) environmental cleanup; and
       (viii) fisheries and wildlife management.
       (D) Deadline for appointment.--All members of the 
     Commission shall be appointed on or before September 15, 
     2010.
       (E) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable after 
     the date of enactment of this Act.
       (3) Quorum; vacancies.--
       (A) In general.--After the initial meeting of the 
     Commission, the Commission shall meet upon the call of the 
     Chairperson or a majority of the members of the Commission.
       (B) Quorum.--6 members of the Commission shall constitute a 
     quorum.
       (C) Vacancies.--Any vacancy in the Commission shall not 
     affect the powers of the Commission, but shall be filled in 
     the same manner in which the original appointment was made.
       (d) Functions of Commission.--
       (1) In general.--The functions of the Commission are--
       (A) to conduct an investigation that--
       (i) investigates relevant facts and circumstances relating 
     to the Deepwater Horizon incident of April 20, 2010, and the 
     associated oil spill thereafter, including any relevant 
     legislation, Executive order, regulation, plan, policy, 
     practice, or procedure; and
       (ii) may include relevant facts and circumstances relating 
     to--

       (I) permitting agencies;
       (II) environmental and worker safety law enforcement 
     agencies;
       (III) national energy requirements;
       (IV) deepwater and ultradeepwater oil and gas exploration 
     and development;
       (V) regulatory specifications, testing, and requirements 
     for offshore oil and gas well explosion prevention;
       (VI) regulatory specifications, testing, and requirements 
     offshore oil and gas well casing and cementing regulation;
       (VII) the role of congressional oversight and resource 
     allocation; and
       (VIII) other areas of the public and private sectors 
     determined to be relevant to the Deepwater Horizon incident 
     by the Commission;

       (B) to identify, review, and evaluate the lessons learned 
     from the Deepwater Horizon incident of April 20, 2010, 
     regarding the structure, coordination, management policies, 
     and procedures of the Federal Government, and, if 
     appropriate, State and local governments and nongovernmental 
     entities, and the private sector, relative to detecting, 
     preventing, and responding to those incidents; and
       (C) to submit to the President and Congress such reports as 
     are required under this section containing such findings, 
     conclusions, and recommendations as the Commission determines 
     to be appropriate, including proposals for organization, 
     coordination, planning, management arrangements, procedures, 
     rules, and regulations.
       (2) Relationship to inquiry by congressional committees.--
     In investigating facts and circumstances relating to energy 
     policy, the Commission shall--
       (A) first review the information compiled by, and any 
     findings, conclusions, and recommendations of, the committees 
     identified in subparagraphs (A) and (B) of subsection (b)(3); 
     and
       (B) after completion of that review, pursue any appropriate 
     area of inquiry, if the Commission determines that--
       (i) those committees have not investigated that area;
       (ii) the investigation of that area by those committees has 
     not been completed; or
       (iii) new information not reviewed by the committees has 
     become available with respect to that area.
       (e) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member of 
     the Commission, may, for the purpose of carrying out this 
     section--
       (A) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials;

     as the Commission or such subcommittee or member considers to 
     be advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     paragraph only--

       (I) by the agreement of the Chairperson and the Vice 
     Chairperson; or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), a subpoena issued 
     under this paragraph--

       (I) shall bear the signature of the Chairperson or any 
     member designated by a majority of the Commission;
       (II) and may be served by any person or class of persons 
     designated by the Chairperson or by a member designated by a 
     majority of the Commission for that purpose.

       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subparagraph (A), the United 
     States district

[[Page S6410]]

     court for the district in which the subpoenaed person 
     resides, is served, or may be found, or where the subpoena is 
     returnable, may issue an order requiring the person to appear 
     at any designated place to testify or to produce documentary 
     or other evidence.
       (ii) Judicial action for noncompliance.--Any failure to 
     obey the order of the court may be punished by the court as a 
     contempt of that court.
       (iii) Additional enforcement.--In the case of any failure 
     of any witness to comply with any subpoena or to testify when 
     summoned under authority of this subsection, the Commission 
     may, by majority vote, certify a statement of fact 
     constituting such failure to the appropriate United States 
     attorney, who may bring the matter before the grand jury for 
     action, under the same statutory authority and procedures as 
     if the United States attorney had received a certification 
     under sections 102 through 104 of the Revised Statutes (2 
     U.S.C. 192 through 194).
       (3) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge the 
     duties of the Commission under this section.
       (4) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from 
     any Executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Federal Government, information, suggestions, estimates, and 
     statistics for the purposes of this section.
       (B) Cooperation.--Each Federal department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish information, suggestions, estimates, and statistics 
     directly to the Commission, upon request made by the 
     Chairperson, the Chairperson of any subcommittee created by a 
     majority of the Commission, or any member designated by a 
     majority of the Commission.
       (C) Receipt, handling, storage, and dissemination.--
     Information shall be received, handled, stored, and 
     disseminated only by members of the Commission and the staff 
     of the Commission in accordance with all applicable laws 
     (including regulations and Executive orders).
       (5) Assistance from federal agencies.--
       (A) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the functions of the Commission.
       (B) Other departments and agencies.--In addition to the 
     assistance prescribed in subparagraph (A), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as are determined to be advisable and authorized by 
     law.
       (6) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property, including travel, 
     for the direct advancement of the functions of the 
     Commission.
       (7) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (f) Public Meetings and Hearings.--
       (1) Public meetings and release of public versions of 
     reports.--The Commission shall--
       (A) hold public hearings and meetings, to the extent 
     appropriate; and
       (B) release public versions of the reports required under 
     paragraphs (1) and (2) of subsection (j).
       (2) Public hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of proprietary or sensitive information provided to or 
     developed for or by the Commission as required by any 
     applicable law (including a regulation or Executive order).
       (g) Staff of Commission.--
       (1) In general.--
       (A) Appointment and compensation.--
       (i) In general.--The Chairperson, in consultation with the 
     Vice Chairperson and in accordance with rules agreed upon by 
     the Commission, may, without regard to the civil service laws 
     (including regulations), appoint and fix the compensation of 
     a staff director and such other personnel as are necessary to 
     enable the Commission to carry out the functions of the 
     Commission.
       (ii) Maximum rate of pay.--No rate of pay fixed under this 
     subparagraph may exceed the equivalent of that payable for a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (B) Personnel as federal employees.--
       (i) In general.--The staff director and any personnel of 
     the Commission who are employees shall be considered to be 
     employees under section 2105 of title 5, United States Code, 
     for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 
     of that title.
       (ii) Members of commission.--Clause (i) shall not apply to 
     members of the Commission.
       (2) Detailees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (3) Procurement of temporary and intermittent services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (h) Compensation and Travel Expenses.--
       (1) Compensation of members.--
       (A) Non-federal employees.--A member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (i) Security Clearances for Commission Members and Staff.--
       (1) In general.--Subject to paragraph (2), the appropriate 
     Federal agencies or departments shall cooperate with the 
     Commission in expeditiously providing to the members and 
     staff of the Commission appropriate security clearances, to 
     the maximum extent practicable, pursuant to existing 
     procedures and requirements.
       (2) Proprietary information.--No person shall be provided 
     with access to proprietary information under this section 
     without the appropriate security clearances.
       (j) Reports of Commission; Adjournment.--
       (1) Interim reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of members of 
     the Commission.
       (2) Final report.--Not later than 180 days after the date 
     of the enactment of this Act, the Commission shall submit to 
     the President and Congress a final report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of members of 
     the Commission.
       (3) Temporary adjournment.--
       (A) In general.--The Commission, and all the authority 
     provided under this section, shall adjourn and be suspended, 
     respectively, on the date that is 60 days after the date on 
     which the final report is submitted under paragraph (2).
       (B) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in 
     subparagraph (A) for the purpose of concluding activities of 
     the Commission, including--
       (i) providing testimony to committees of Congress 
     concerning reports of the Commission; and
       (ii) disseminating the final report submitted under 
     paragraph (2).
       (C) Reconvening of commission.--The Commission shall stand 
     adjourned until such time as the President or the Secretary 
     of Homeland Security declares an oil spill of national 
     significance to have occurred, at which time--
       (i) the Commission shall reconvene in accordance with 
     subsection (c)(3); and
       (ii) the authority of the Commission under this section 
     shall be of full force and effect.
       (k) Funding.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (A) $10,000,000 for the first fiscal year in which the 
     Commission convenes; and
       (B) $3,000,000 for each fiscal year thereafter in which the 
     Commission convenes.
       (2) Availability.--Amounts made available to carry out this 
     section shall be available--
       (A) for transfer to the Commission for use in carrying out 
     the functions and activities of the Commission under this 
     section; and
       (B) until the date on which the Commission adjourns for the 
     fiscal year under subsection (j)(3).
       (l) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.

     SEC. 311. SAVINGS PROVISIONS.

       (a) Existing Law.--All regulations, rules, standards, 
     determinations, contracts and agreements, memoranda of 
     understanding, certifications, authorizations, appointments, 
     delegations, results and findings of investigations, or any 
     other actions issued, made, or taken by, or pursuant to or 
     under, the authority of any law (including regulations) that 
     resulted in the assignment of functions or activities to the 
     Secretary, the Director of the Minerals Management Service 
     (including by delegation from the Secretary), or the 
     Department (as related to the implementation of the purposes 
     referenced in this title) that were in effect on the date of 
     enactment of this Act shall continue in full force and effect 
     after the date of enactment of this Act

[[Page S6411]]

     unless previously scheduled to expire or until otherwise 
     modified or rescinded by this title or any other Act.
       (b) Effect on Other Authorities.--This title does not amend 
     or alter the provisions of other applicable laws, unless 
     otherwise noted.

               TITLE IV--ENVIRONMENTAL CRIMES ENFORCEMENT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Environmental Crimes 
     Enforcement Act of 2010''.

     SEC. 402. ENVIRONMENTAL CRIMES.

       (a) Sentencing Guidelines.--
       (1) Directive.--Pursuant to its authority under section 994 
     of title 28, United States Code, and in accordance with this 
     subsection, the United States Sentencing Commission shall 
     review and amend the Federal Sentencing Guidelines and policy 
     statements applicable to persons convicted of offenses under 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.), in order to reflect the intent of Congress that 
     penalties for the offenses be increased in comparison to 
     those provided on the date of enactment of this Act under the 
     guidelines and policy statements, and appropriately account 
     for the actual harm to the public and the environment from 
     the offenses.
       (2) Requirements.--In amending the Federal Sentencing 
     Guidelines and policy statements under paragraph (1), the 
     United States Sentencing Commission shall--
       (A) ensure that the guidelines and policy statements, 
     including section 2Q1.2 of the Federal Sentencing Guidelines 
     (and any successor thereto), reflect--
       (i) the serious nature of the offenses described in 
     paragraph (1);
       (ii) the need for an effective deterrent and appropriate 
     punishment to prevent the offenses; and
       (iii) the effectiveness of incarceration in furthering the 
     objectives described in clauses (i) and (ii);
       (B) consider the extent to which the guidelines 
     appropriately account for the actual harm to public and the 
     environment resulting from the offenses;
       (C) ensure reasonable consistency with other relevant 
     directives and guidelines and Federal statutes;
       (D) make any necessary conforming changes to guidelines; 
     and
       (E) ensure that the guidelines relating to offenses under 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.) adequately meet the purposes of sentencing, as set 
     forth in section 3553(a)(2) of title 18, United States Code.
       (b) Restitution.--Section 3663A(c)(1) of title 18, United 
     States Code, is amended--
       (1) in clause (ii), by striking ``or'' at the end;
       (2) in clause (iii), by striking ``and'' at the end and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(iv) an offense under section 309(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1319(c)); and''.

            TITLE V--FAIRNESS IN ADMIRALTY AND MARITIME LAW

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Fairness in Admiralty and 
     Maritime Law Act''.

     SEC. 502. REPEAL OF LIMITATION OF SHIPOWNERS' LIABILITY ACT 
                   OF 1851.

       (a) In General.--Chapter 305 of title 46, United States 
     Code, is amended as follows:
       (1) Subsection (a) of section 30505 is amended to read as 
     follows:
       ``(a) In General.--Except as provided in section 30506 of 
     this title, the liability of the owner of a vessel for any 
     claim, debt, or liability described in subsection (b) shall 
     not exceed three times the value of the vessel and pending 
     freight. If the vessel has more than one owner, the 
     proportionate share of the liability of any one owner shall 
     not exceed that owner's proportionate interest in the vessel 
     and pending freight.''.
       (2) Subsection (c) of section 30505 is amended to read as 
     follows:
       ``(c) Claims Not Subject to Limitation.--Subsection (a) 
     does not apply--
       ``(1) to a claim for wages; or
       ``(2) to a claim resulting from a discharge of oil from a 
     vessel or offshore facility, as those terms are defined in 
     section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701).''.
       (3) Subsection (c) of section 30511 is amended to read as 
     follows:
       ``(c) Cessation of Other Actions.--At the time that an 
     action is brought under this section and the owner has 
     complied with subsection (b), all claims and proceedings 
     against the owner related to the matter in question which are 
     subject to limitation under section 30505 shall cease.''.

     SEC. 503. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME LAW.

       (a) In General.--Chapter 301 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 30107. Punitive damages

       ``In a civil action for damages arising out of a maritime 
     tort, punitive damages may be assessed without regard to the 
     amount of compensatory damages assessed in the action.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     301 of title 46, United States Code, is amended by adding at 
     the end the following:

``30107. Punitive damages.''.

     SEC. 504. AMENDMENTS TO THE DEATH ON THE HIGH SEAS ACT.

       (a) In General.--Chapter 303 of title 46, United States 
     Code, is amended--
       (1) by inserting ``or law'' after ``admiralty'' in section 
     30302;
       (2) by inserting ``and nonpecuniary loss'' after 
     ``pecuniary loss'' in section 30303;
       (3) by striking ``sustained by'' and all that follows in 
     section 30303 and inserting ``sustained, plus a fair 
     compensation for the decedent's pain and suffering. In this 
     section, the term `nonpecuniary loss' means the loss of care, 
     comfort, and companionship.'';
       (4) by inserting ``or law'' after ``admiralty'' in section 
     30305; and
       (5) by inserting ``or law'' after ``admiralty'' in section 
     30306.
       (b) Aviation Accidents.--
       (1) In general.--Section 30307 of title 46, United States 
     Code, is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--
       ``(1) Commercial aviation; general aviation.--The terms 
     `commercial aviation' and `general aviation' have the same 
     meaning as those terms, respectively, as used in subtitle VII 
     of title 49, United States Code.
       ``(2) Nonpecuniary damages.--The term `nonpecuniary 
     damages' means damages for loss of care, comfort, and 
     companionship.'';
       (B) by inserting ``or general aviation'' after ``commercial 
     aviation'' in subsections (b) and (c); and
       (C) by adding at the end thereof the following:
       ``(d) Procedure.--Notwithstanding sections 30302, 30305, 
     and 30306, an action to which this section applies may be 
     brought in admiralty and may not be brought in law.''.
       (2) Conforming amendments.--
       (A) Section heading.--Section 30307 of title 46, United 
     States Code, is amended by striking the section heading and 
     inserting ``Aviation accidents''.
       (B) Clerical amendment.--The table of contents for chapter 
     303 of title 46, United States Code, is amended by striking 
     the item relating to section 30307 and inserting the 
     following:

``30307. Aviation accidents.''.

       (c) Application to Fishing Vessels.--
       (1) In general.--None of the amendments made by this 
     section shall apply with respect to a fishing vessel.
       (2) Fishing vessel defined.--In this subsection, the term 
     ``fishing vessel'' means--
       (A) a vessel, boat, ship, or other watercraft that is used 
     for, equipped to be used for, or of a type normally used 
     for--
       (i) charter fishing (as defined in section 3(3) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1802(3)));
       (ii) commercial fishing (as defined in section 3(4) of such 
     Act (16 U.S.C. 1802(4))); or
       (iii) aiding or assisting one or more vessels at sea in the 
     performance of any activity relating to commercial fishing 
     (as so defined), including preparation, supply, storage, 
     refrigeration, transportation, or processing; but
       (B) does not include a passenger vessel (as defined in 
     section 2101(22) of title 46, United States Code).

     SEC. 505. EFFECTIVE DATE.

       This title and the amendments made by this title shall 
     apply to--
       (1) causes of action and claims arising after April 19, 
     2010; and
       (2) actions commenced before the date of enactment of this 
     Act that have not been finally adjudicated, including 
     appellate review, as of that date.

 TITLE VI--SECURING HEALTH FOR OCEAN RESOURCES AND ENVIRONMENT (SHORE)

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Securing Health for Ocean 
     Resources and Environment Act'' or the ``SHORE Act''.

 Subtitle A--National Oceanic and Atmospheric Administration Oil Spill 
                 Response, Containment, and Prevention

     SEC. 611. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION OIL SPILL RESPONSE, CONTAINMENT, 
                   AND PREVENTION.

       (a) Review of Ability of National Oceanic and Atmospheric 
     Administration to Respond to Oil Spills.--
       (1) Comprehensive review required.--Not later than 1 year 
     after the date of the enactment of this Act, the Under 
     Secretary for Oceans and Atmosphere shall conduct a 
     comprehensive review of the current capacity of the National 
     Oceanic and Atmospheric Administration to respond to oil 
     spills.
       (2) Elements.--The review conducted under paragraph (1) 
     shall include the following:
       (A) A comparison of oil spill modeling requirements with 
     the state-of-the-art oil spill modeling with respect to near 
     shore and offshore areas.
       (B) Development of recommendations on priorities for 
     improving forecasting of oil spill, trajectories, and 
     impacts.
       (C) An inventory of the products and tools of the National 
     Oceanic and Atmospheric Administration that can aid in 
     assessment of the potential risk and impacts of oil spills. 
     Such products and tools may include environmental sensitivity 
     index maps, the United States Integrated Ocean Observing 
     System, and regional information coordinating entities 
     established as part of such System, and oil spill trajectory 
     models.
       (D) An identification of the baseline oceanographic and 
     climate data required to support state of the art modeling.
       (E) An assessment of the Administration's ability to 
     respond to the effects of an oil spill on its trust 
     resources, including--

[[Page S6412]]

       (i) marine sanctuaries, monuments, and other protected 
     areas;
       (ii) marine mammals, sea turtles, and other protected 
     species, and efforts to rehabilitate such species.
       (3) Report.--Upon completion of the review required by 
     paragraph (1), the Under Secretary shall submit to Congress a 
     report on such review, including the findings of the Under 
     Secretary with respect to such review.
       (b) Oil Spill Trajectory Modeling.--
       (1) In general.--The Under Secretary for Oceans and 
     Atmosphere and the Secretary of the Interior shall be 
     responsible for developing and maintaining oil spill 
     trajectory modeling capabilities to aid oil spill response 
     and natural resource damage assessment, including taking such 
     actions as may be required by subsections (c) through (g).
       (2) Real-time trajectory modeling.--The Under Secretary 
     shall have primary responsibility for real-time trajectory 
     modeling.
       (3) Long-term trajectory modeling.--The Secretary of the 
     Interior shall have primary responsibility for long-term 
     trajectory modeling.
       (4) Coordination with national laboratories.--In carrying 
     out this subsection, the Under Secretary and the Secretary of 
     the Interior shall coordinate with National Laboratories with 
     established oil spill modeling expertise.
       (c) Environmental Sensitivity Index.--
       (1) Update.--Beginning not later than 180 days after the 
     date of the enactment of this Act and not less frequently 
     than once every 7 years thereafter, the Under Secretary shall 
     update the environmental sensitivity index products of the 
     National Oceanic and Atmospheric Administration for each 
     coastal area of the United States and for each offshore area 
     of the United States that is leased or under consideration 
     for leasing for offshore energy production.
       (2) Expanded coverage.--Not later than 270 days after the 
     date of the enactment of this Act, the Under Secretary shall, 
     to the maximum extent practicable, create an environmental 
     sensitivity index product for each area described in 
     paragraph (1) for which the National Oceanic and Atmospheric 
     Administration did not have an environmental sensitivity 
     index product on the day before the date of the enactment of 
     this Act.
       (3) Environmental sensitivity index product defined.--In 
     this subsection, the term ``environmental sensitivity index 
     product'' means a map or similar tool that is utilized to 
     identify sensitive shoreline, coastal or offshore, resources 
     prior to an oil spill event in order to set baseline 
     priorities for protection and plan cleanup strategies, 
     typically including information relating to shoreline type, 
     biological resources, and human use resources.
       (4) Relationship to other laws.--Nothing in this subsection 
     shall be construed to alter or limit the authority or 
     responsibility of the Secretary of the Interior provided by 
     this or any other Act.
       (d) Subsea Hydrocarbon Review and Program.--
       (1) Review required.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary shall, 
     in consultation with the Administrator of the Environmental 
     Protection Agency and the Secretary of the Interior, conduct 
     a comprehensive review of the current state of the National 
     Oceanic and Atmospheric Administration to observe, monitor, 
     map, and track subsea hydrocarbons, including a review of the 
     effect of subsea hydrocarbons and dispersants at varying 
     concentrations on living marine resources.
       (2) Elements of review.--The review conducted under 
     paragraph (1) shall include the following:
       (A) A review of protocol for the application of dispersants 
     that contemplates the variables of temperature, pressure, and 
     depth of the site of release of hydrocarbons.
       (B) A review of technological capabilities to detect the 
     presence of subsea hydrocarbons at various concentrations and 
     at various depths within a water column resulting from 
     releases of oil and natural gas after a spill.
       (C) A review of technological capabilities for 
     expeditiously identifying the source (``fingerprinting'') of 
     subsea hydrocarbons.
       (D) A review of coastal and ocean current modeling as it 
     relates to predicting the trajectory of oil and natural gas.
       (E) A review of the effect of varying concentrations of 
     hydrocarbons on all levels of the food web, including 
     evaluations of seafood safety, toxicity to individuals, 
     negative impacts to reproduction, bioaccumulation, growth, 
     and such other matters as the Under Secretary and the 
     Administrator think appropriate.
       (F) Development of recommendations on priorities for 
     improving forecasting of movement of subsea hydrocarbon.
       (G) Development of recommendations for implementation of a 
     Subsea Hydrocarbon Monitoring and Assessment program within 
     the Office of Response and Restoration.
       (3) Program required.--Not later than 1 year after the date 
     of the enactment of this Act, the Under Secretary shall, in 
     consultation with the Administrator of the Environmental 
     Protection Agency and the Secretary of Interior, establish a 
     hydrocarbon monitoring and assessment program that is based 
     on the recommendations developed under the comprehensive 
     review required by paragraph (1).
       (e) National Information Center on Oil Spills.--The Under 
     Secretary shall, in cooperation with the Interagency 
     Coordinating Committee on Oil Pollution Research, establish a 
     national information center on oil spills that--
       (1) includes scientific information and research on oil 
     spill preparedness, response, and restoration;
       (2) serves as a single access point for emergency 
     responders for such scientific data;
       (3) provides outreach and utilizes communication mechanisms 
     to inform partners, the public, and local communities about 
     the availability of oil spill preparedness, prevention, 
     response, and restoration information and services and 
     otherwise improves public understanding and minimizes impacts 
     of oil spills; and
       (4) applies the data interoperability standards developed 
     by the Integrated Coastal Ocean Observation System [to all 
     for free and open access to all relevant Federal and non-
     Federal data using, to the extent practicable, the existing 
     infrastructure of the regional information coordinating 
     entities developed as part of the Integrated Coastal Ocean 
     Observing System as a portal for accessing non-federal data].
       (f) Initiative on Oil Spills From Aging and Abandoned Oil 
     Infrastructure.--Not later than 270 days after the date of 
     the enactment of this Act, the Under Secretary shall 
     establish an initiative--
       (1) to determine the significance, response, frequency, 
     size, potential fate, and potential effects, including those 
     on sensitive habitats, of oil spills resulting from aging and 
     abandoned oil infrastructure; and
       (2) to formulate recommendations on how best to address 
     such spills.
       (g) Inventory of Offshore Abandoned or Sunken Vessels.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Under Secretary shall, in consultation with the 
     Secretary of the Interior, develop an inventory of offshore 
     abandoned or sunken vessels in the exclusive economic zone of 
     the United States and identify priorities (based on amount of 
     oil, feasibility of oil recovery, fate and effects of oil if 
     released, and cost-benefit of preemptive action) for 
     potential preemptive removal of oil or other actions that may 
     be effective to mitigate the risk of oil spills from offshore 
     abandoned or sunken vessels.
       (h) Quinquennial Report on Ecological Baselines, Important 
     Ecological Areas, and Economic Risks.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, and not less frequently than once 
     every 5 years thereafter, the Under Secretary shall submit to 
     Congress a report that, with respect to regions that are 
     leased or are under consideration for leasing for offshore 
     energy production--
       (A) characterizes ecological baselines;
       (B) identifies important ecological areas, critical 
     habitats, and migratory behaviors; and
       (C) identifies potential risks posed by hydrocarbon 
     development to these resources.
       (2) Important ecological area defined.--In this subsection, 
     the term ``important ecological area'' means an area that 
     contributes significantly to marine ecosystem health.
       (3) Relationship to other laws.--Nothing in this subsection 
     shall be construed to alter or limit the authority and 
     responsibility of the Secretary of the Interior provided by 
     this or any other Act.

     SEC. 612. USE OF OIL SPILL LIABILITY TRUST FUND FOR 
                   PREPAREDNESS, RESPONSE, DAMAGE ASSESSMENT, AND 
                   RESTORATION.

       Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B)(i) not more than $5,000,000 in each fiscal year shall 
     be available to the Under Secretary for Oceans and Atmosphere 
     and the Assistant Secretary of the Interior for Fish and 
     Wildlife and Parks without further appropriation for expenses 
     incurred by, and activities related to, preparedness, 
     response, restoration, and damage assessment capabilities of 
     the National Oceanic and Atmospheric Administration, the 
     United States Fish and Wildlife Service, and other relevant 
     agencies; and
       ``(ii) in a fiscal year in which an oil spill of national 
     significance occurs, not more than $25 million shall be 
     available to Federal trustees designated by the President 
     pursuant to section 1006 (b)(2);''.

     SEC. 613. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND 
                   RESTORATION REVOLVING FUND IN INTEREST-BEARING 
                   OBLIGATIONS.

       The Secretary of the Treasury shall invest such a portion 
     of the amounts in the Damage Assessment and Restoration 
     Revolving Fund described in title I of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act of 1991 (33 U.S.C. 2706 note) as 
     is not required to meet current withdrawals, as determined by 
     the Secretary, in interest-bearing obligations of the United 
     States in accordance with section 9602 of the Internal 
     Revenue Code of 1986.

     SEC. 614. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND 
                   RESPONSE.

       The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.) is amended adding at the end the following new section:

     ``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE 
                   AND PLANNING.

       ``(a) Grants to States.--The Secretary may make grants to 
     eligible coastal states--

[[Page S6413]]

       ``(1) to revise management programs approved under section 
     306 and National Estuarine Research Reserves approved under 
     section 315 to identify and implement new enforceable 
     policies and procedures to ensure sufficient response 
     capabilities at the State level to address the environmental, 
     economic and social impacts of oil spills or other accidents 
     resulting from Outer Continental Shelf energy activities with 
     the potential to affect and land or water use or natural 
     resource of the coastal zone;
       ``(2) to undertake regionally based coastal and marine 
     spatial planning that would assist in data collection, oil 
     spill preparedness activities, and energy facility siting; 
     and
       ``(3) to review and revise where necessary applicable 
     enforceable policies within approved coastal State management 
     programs affecting coastal energy activities and energy to 
     ensure that these policies are consistent with--
       ``(A) other emergency response plans and policies developed 
     under Federal or State law; and
       ``(B) new policies and procedures developed under paragraph 
     (1).
       ``(b) Elements.--New enforceable policies and procedures 
     developed by coastal states with grants awarded under this 
     section shall be coordinated with Area Contingency Plans 
     developed pursuant to section 311(j)(4) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)(4)) and shall 
     consider, but not be limited to--
       ``(1) other existing emergency response plans, procedures 
     and enforceable policies developed under other Federal or 
     State law that affect the coastal zone;
       ``(2) identification of critical infrastructure essential 
     to facilitate spill or accident response activities;
       ``(3) identification of coordination, logistics and 
     communication networks between Federal and State government 
     agencies, and between State agencies and affected local 
     communities, to ensure the efficient and timely dissemination 
     of data and other information;
       ``(4) inventories of shore locations and infrastructure and 
     equipment necessary to respond to oil spills or other 
     accidents resulting from Outer Continental Shelf energy 
     activities;
       ``(5) identification and characterization of significant or 
     sensitive marine ecosystems or other areas possessing 
     important conservation, recreational, ecological, historic, 
     or aesthetic values;
       ``(6) inventories and surveys of shore locations and 
     infrastructure capable of supporting alternative energy 
     development;
       ``(7) observing capabilities necessary to assess ocean 
     conditions before, during, and after an oil spill; and
       ``(8) other information or actions as may be necessary.
       ``(c) Guidelines.--The Secretary shall, within 180 days 
     after the date of enactment of this section and after 
     consultation with the Administrator of the Environmental 
     Protection Agency, the Commandant of the Coast Guard, and the 
     coastal states, publish guidelines for the application for 
     and use of grants under this section.
       ``(d) Participation.--Coastal states shall provide 
     opportunity for public participation in developing new 
     enforceable policies and procedures under this section 
     pursuant to subsections (d)(1) of (e) of section 306, 
     especially by relevant Federal agencies, relevant Area 
     Committees established pursuant to section 311(j)(4) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), 
     other coastal state agencies, local governments, regional 
     organizations, port authorities, and other interested parties 
     and stakeholders, public and private, that are related to, or 
     affected by Outer Continental Shelf energy activities.
       ``(e) Annual Grants.--
       ``(1) In general.--For each of fiscal years 2011 through 
     2015, the Secretary may make a grant to a coastal state to 
     develop new enforceable policies and procedures as required 
     under this section.
       ``(2) Grant amounts and limit on awards.--The amount of any 
     grant to any one coastal state under this section shall not 
     exceed $750,000 for any fiscal year.
       ``(3) No state matching contribution required.--A coastal 
     state shall not be required to contribute any portion of the 
     cost of a grant awarded under this section.
       ``(4) Secretarial review and limit on awards.--After an 
     initial grant is made to a coastal state under this section, 
     no subsequent grant may be made to that coastal state under 
     this section unless the Secretary finds that the coastal 
     state is satisfactorily developing revisions to address 
     offshore energy impacts. No coastal state is eligible to 
     receive grants under this section for more than 2 fiscal 
     years.
       ``(f) Applicability.--The requirements of this section 
     shall only apply if appropriations are provided to the 
     Secretary to make grants under this section to enable States 
     to develop new or revised enforceable policies and 
     procedures. Further, this section shall not be construed to 
     convey any new authority to any coastal state, or repeal or 
     supersede any existing authority of any coastal state, to 
     regulate the siting, licensing, leasing, or permitting of 
     alternative energy facilities in areas of the Outer 
     Continental Shelf under the administration of the Federal 
     Government. Nothing in this section repeals or supersedes any 
     existing coastal state authority.
       ``(g) Assistance by the Secretary.--The Secretary shall, as 
     authorized under section 310(a) and to the extent 
     practicable, make available to coastal states the resources 
     and capabilities of the National Oceanic and Atmospheric 
     Administration to provide technical assistance to the coastal 
     states to prepare revisions to approved management programs 
     to meet the requirements under this section.''.

     SEC. 615. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL 
                   MONITORING AND RESEARCH PROGRAM.

       (a) Environmental Monitoring and Research Program 
     Required.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act and subject to the availability of 
     appropriations or other sources of funding, the Secretaries 
     and the Administrator shall jointly establish and carry out a 
     long-term marine environmental monitoring and research 
     program for the marine and coastal environment of the Gulf of 
     Mexico to ensure that the Federal Government has independent, 
     peer-reviewed scientific data and information to assess long-
     term direct and indirect impacts on trust resources located 
     in the Gulf of Mexico and Southeast region resulting from the 
     oil spill caused by the mobile offshore drilling unit 
     Deepwater Horizon.
       (2) Period of program.--The Secretaries and the 
     Administrator shall carry out the program required by 
     paragraph (1) during the 10-year period beginning on the date 
     of the commencement of the program. The Secretaries and the 
     Administrator may extend such period upon a determination by 
     the Secretaries and the Administrator that additional 
     monitoring and research is warranted.
       (b) Scope of Program.--The program established under 
     subsection (a) shall include the following:
       (1) Monitoring and research of the physical, chemical, and 
     biological characteristics of the affected marine, coastal, 
     and estuarine areas of the Gulf of Mexico and other regions 
     of the exclusive economic zone of the United States and 
     adjacent regions affected by the oil spill caused by the 
     mobile offshore drilling unit Deepwater Horizon.
       (2) The fate, transport, and persistence of oil released 
     during the spill and spatial distribution throughout the 
     water column, including in-situ burn residues.
       (3) The fate, transport, and persistence of chemical 
     dispersants applied in-situ or on surface waters.
       (4) Identification of lethal and sub-lethal impacts to 
     shellfish, fish, and wildlife resources that utilize habitats 
     located within the affected region.
       (5) Impacts to regional, State, and local economies that 
     depend on the natural resources of the affected area, 
     including commercial and recreational fisheries, tourism, and 
     other wildlife-dependent recreation.
       (6) The development of criteria for the protection of 
     marine aquatic life.
       (7) Other elements considered necessary by the Secretaries 
     and the Administrator to ensure a comprehensive marine 
     research and monitoring program to comprehend and understand 
     the implications to trust resources caused by the oil spill 
     from the mobile offshore drilling unit Deepwater Horizon.
       (c) Cooperation and Consultation.--In developing the 
     research and monitoring program established under subsection 
     (a), the Secretaries and the Administrator shall consult 
     with--
       (1) the National Ocean Research Leadership Council 
     established under section 7902 of title 10, United States 
     Code;
       (2) such representatives from the Gulf coast States and 
     affected countries as the Secretary considers appropriate;
       (3) academic institutions and other research organizations;
       (4) regional information coordination entities; and
       (5) such other experts with expertise in long-term 
     environmental monitoring and research of the marine 
     environment as the Secretary considers appropriate.
       (d) Availability of Data.--Upon review by and approval of 
     the Attorney General regarding impacts on legal claims or 
     litigation involving the United States, data and information 
     generated through the program established under subsection 
     (a) shall be managed and archived according to the standards 
     developed under section 12304 of the Integrated Coastal and 
     Ocean Observation System Act of 2009 (33 U.S.C. 3603) to 
     ensure that it is accessible and available to governmental 
     and non-governmental personnel and to the general public for 
     their use and information.
       (e) Report.--Not later than 1 year after the date of the 
     commencement of the program under subsection (a) and 
     biennially thereafter, the Secretaries and the Administrator 
     shall jointly submit to Congress a comprehensive report--
       (1) summarizing the activities and findings of the program; 
     and
       (2) detailing areas and issues requiring future monitoring 
     and research.
       (f) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Gulf coast state.--The term ``Gulf coast State'' means 
     each of the States of Texas, Louisiana, Mississippi, Alabama, 
     and Florida.
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Commerce, acting through the Under Secretary for 
     Oceans and Atmosphere, and the Secretary of the Interior.
       (4) Trust resources.--The term ``trust resources'' means 
     the living and non-living natural resources belonging to, 
     managed by,

[[Page S6414]]

     held in trust by, appertaining to, or otherwise controlled by 
     the United States, any State, an Indian Tribe, or a local 
     government.

     SEC. 616. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL 
                   PREVENTION.

       (a) In General.--The Secretary of Commerce shall, acting 
     through the Under Secretary for Oceans and Atmosphere and in 
     collaboration with the heads of other agencies or departments 
     of the United States with appropriate Arctic science 
     expertise, direct research and take action to improve the 
     ability of the United States to conduct oil spill prevention, 
     response, and recovery in Arctic waters.
       (b) Inclusions.--Research and action under this section 
     shall include the prioritization of resources--
       (1) to address--
       (A) ecological baselines and environmental sensitivity 
     indexes, including stock assessments of marine mammals and 
     other protected species in the Arctic;
       (B) identification of ecological important areas, sensitive 
     habitats, and migratory behaviors;
       (C) the development of oil spill trajectory models in 
     Arctic marine conditions;
       (D) the collection of observational data essential for 
     response strategies in the event of an oil spill during both 
     open water and ice-covered seasons, including data relating 
     to oil spill trajectory models that include data on--
       (i) currents;
       (ii) winds;
       (iii) weather;
       (iv) waves; and
       (v) ice forecasting;
       (E) the development of a robust operational monitoring 
     program during the open water and ice-covered seasons;
       (F) improvements in technologies and understanding of cold 
     water oil recovery planning and restoration implementation; 
     and
       (G) the integration of local and traditional knowledge into 
     oil recovery research studies; and
       (2) to establish a robust geospatial framework for safe 
     navigation and oil spill response through increased--
       (A) hydrographic and bathymetric surveying, mapping, and 
     navigational charting;
       (B) geodetic positioning; and
       (C) monitoring of tides, sea levels, and currents in the 
     Arctic.

   Subtitle B--Improving Coast Guard Response and Inspection Capacity

     SEC. 621. SECRETARY DEFINED.

       In this subtitle, except as otherwise specifically 
     provided, the term ``Secretary'' means the Secretary of the 
     Secretary of the Department in which the Coast Guard is 
     operating.

     SEC. 622. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

       (a) In General.--The Commandant of the Coast Guard shall 
     assess and take action to reduce the risk and improve the 
     capability of the United States to respond to a maritime 
     disaster in the United States Beaufort and Chukchi Seas.
       (b) Matters To Be Addressed.--The assessment and actions 
     referred to in subsection (a) shall include the 
     prioritization of resources to address the following:
       (1) Oil spill prevention and response capabilities and 
     infrastructure.
       (2) The coordination of contingency plans and agreements 
     with other agencies and departments of the United States, 
     industry, and foreign governments to respond to an Arctic oil 
     spill.
       (3) The expansion of search and rescue capabilities, 
     infrastructure, and logistics, including improvements of the 
     Search and Rescue Optimal Planning System.
       (4) The provisional designation of places of refuge.
       (5) The evaluation and enhancement of navigational 
     infrastructure.
       (6) The evaluation and enhancement of vessel monitoring, 
     tracking, and automated identification systems and 
     navigational aids and communications infrastructure for safe 
     navigation and marine accident prevention in the Arctic.
       (7) Shipping traffic risk assessments for the Bering Strait 
     and the Chukchi and Beaufort Seas.
       (8) The integration of local and traditional knowledge and 
     concerns into prevention and response strategies.

     SEC. 623. ADVANCE PLANNING AND PROMPT DECISION MAKING IN 
                   CLOSING AND REOPENING FISHING GROUNDS.

       (a) Requirement That Area Contingency Plans Contain Area-
     specific Protocols and Standards.--
       (1) Cooperation with state and local officials.--Section 
     311(j)(4)(B)(ii) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the 
     semicolon after ``wildlife'' and inserting a comma and 
     ``including advance planning with respect to the closing and 
     reopening of fishing grounds following an oil spill;''.
       (2) Framework.--Section 311(j)(4)(C) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
       (A) by redesignating clauses (vii) and (viii) as clauses 
     (viii) and (ix), respectively; and
       (B) by inserting after clause (vi) the following:
       ``(vii) develop a framework for advance planning and 
     decision making with respect to the closing and reopening of 
     fishing grounds following an oil spill, including protocols 
     and standards for the closing and reopening of fishing 
     areas;''.
       (b) National Guidance.--Section 311(j)(4)(D) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is 
     amended--
       (1) in clause (i) by striking ``and'' at the end;
       (2) in clause (ii) by striking the period and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(iii) acting through the Commandant of the Coast Guard 
     and in consultation with the Under Secretary for Oceans and 
     Atmosphere and any other government entities deemed 
     appropriate, issue guidance for Area Committees to use in 
     developing a framework for advance planning and decision 
     making with respect to the closing and reopening of fishing 
     grounds following an oil spill, which guidance shall include 
     model protocols and standards for the closing and reopening 
     of fishing areas.''.
       (c) Relationship to Other Laws.--Nothing in this section 
     shall be construed as changing or affecting in any way the 
     authorities or responsibilities of the Under Secretary for 
     Oceans and Atmosphere under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 624. OIL SPILL TECHNOLOGY EVALUATION.

       (a) In General.--The Secretary and the Secretary of the 
     Interior (in this section referred to as the ``Secretaries'') 
     and the Administrator of the Environmental Protection Agency 
     (in this section referred to as the ``Administrator'') shall 
     establish a program for the formal evaluation and validation 
     of oil pollution containment and removal methods and 
     technologies.
       (b) Approval.--The program required by subsection (a) shall 
     establish a process for new methods and technologies to be 
     submitted, evaluated, and gain validation for use in spill 
     responses and inclusion in response plans. Following each 
     validation, the Secretaries and the Administrator shall 
     consider whether the method or technology meets a performance 
     capability warranting designation of a new standard for best 
     available technology or methods. Any such new standard shall 
     be incorporated into each update of a response plan submitted 
     pursuant to section 311(j)(5)(E)(vii) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)(5)), as amended by 
     section 104(b)(3) of this Act.
       (c) Technology Clearinghouse.--All technologies and methods 
     validated under this section shall be included in the 
     comprehensive list of spill removal resources maintained by 
     the Coast Guard through the National Response Unit.
       (d) Consultation.--The Secretaries and the Administrator 
     shall consult with the Under Secretary for Oceans and 
     Atmosphere and the Secretary of Transportation in carrying 
     out this section.

     SEC. 625. COAST GUARD INSPECTIONS.

       (a) In General.--The Secretary shall increase the frequency 
     and comprehensiveness of safety inspections of all United 
     States and foreign-flag tank vessels that enter a United 
     States port or place, including increasing the frequency and 
     comprehensiveness of inspections of vessel age, hull 
     configuration, and past violations of any applicable 
     discharge and safety regulations under United States and 
     international law that may indicate that the class societies 
     inspecting such vessels may be substandard, and other factors 
     relevant to the potential risk of an oil spill.
       (b) Enhanced Verification of Structural Condition.--The 
     Secretary shall adopt, as part of the Secretary's inspection 
     requirements for tank vessels, additional procedures for 
     enhancing the verification of the reported structural 
     condition of such vessels, taking into account the Condition 
     Assessment Scheme adopted by the International Maritime 
     Organization by Resolution 94(46) on April 27, 2001.

     SEC. 626. CERTIFICATE OF INSPECTION REQUIREMENTS.

       (a) In General.--Chapter 33 of title 46, United States 
     Code, is amended--
       (1) in section 3301, by adding at the end the following:
       ``(16) vessels and other structures, fixed or floating, 
     including those which dynamically hold position or are 
     attached to the seabed or subsoil, which are capable of 
     exploring for, drilling for, developing, or producing oil or 
     gas.''; and
       (2) in section 3305(a)(1)--
       (A) by amending subparagraph (E) to read as follows:
       ``(E) is in a condition to be operated with safety to life 
     and property, including, for the entities described in 
     paragraph (16) of section 3301, those systems specified in 
     regulations required by paragraph (3);'';
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding the following:
       ``(G) for vessels and other structures described in 
     paragraph (16) of section 3301, complies with the highest 
     relevant classification, certification, rating, and 
     inspection standards for vessels or structures of the same 
     age and type imposed by--
       ``(i) the American Bureau of Shipping; or
       ``(ii) another classification society approved by the 
     Secretary and the Secretary of the Interior as meeting 
     acceptable standards for such a society, except that the 
     classification of vessels or structures under this section by 
     a foreign classification society may be accepted by the 
     Secretary and the Secretary of the Interior only--
       ``(I) to the extent that the government of the foreign 
     country in which the society is headquartered accepts 
     classification by the

[[Page S6415]]

     American Bureau of Shipping of vessels and structures used in 
     the offshore exploration, development, and production of oil 
     and gas in that country; and
       ``(II) if the foreign classification society has offices 
     and maintains records in the United States.''.
       (b) Regulations.--
       (1) Requirement for regulations.--Notwithstanding section 
     3306 of title 46, United States Code, in implementing section 
     3305 of such title, as amended by subsection (a), the 
     Secretary and the Secretary of the Interior shall jointly 
     issue regulations specifying which systems of the vessels or 
     structures described in paragraph (16) of section 3301 of 
     such title, as added by subsection (a)(1), shall be subject 
     to such requirements. At a minimum, such systems shall 
     include--
       (A) mobile offshore drilling units;
       (B) fixed and floating drilling facilities; and
       (C) risers and blowout preventers.
       (2) Exceptions.--The Secretary and the Secretary of the 
     Interior may waive the standards established by the 
     regulations required by paragraph (1) for a system of an 
     existing vessel or structure if--
       (A) such system is of an age or type for which meeting such 
     requirements is impractical; and
       (B) such system poses an acceptably low level of risk to 
     the environment and to human safety.
       (3) Relationship to other laws.--Nothing in this section 
     shall be construed to alter or limit the authority and 
     responsibility of the Secretary or the Secretary of the 
     Interior provided by this or any other Act. The regulations 
     required by paragraph (1) shall be supplemental to any other 
     regulation issued by the Secretary or the Secretary of the 
     Interior under any other provisions of law.

     SEC. 627. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL 
                   RESOURCES.

       (a) Designation of At-risk Areas.--The Commandant of the 
     Coast Guard, in consultation the Under Secretary for Oceans 
     and Atmosphere, shall identify areas in waters subject to the 
     jurisdiction of the United States in which routing or other 
     navigational measures are warranted to reduce the risk of oil 
     spills and potential damage to natural resources. In 
     identifying such areas, the Commandant shall give priority 
     consideration to natural resources of particular ecological 
     importance or economic importance, including--
       (1) commercial fisheries;
       (2) aquaculture facilities;
       (3) marine sanctuaries designated by the Secretary of 
     Commerce pursuant to the National Marine Sanctuaries Act (16 
     U.S.C. 1431 et seq.);
       (4) estuaries of national significance designated under 
     section 320 of the Federal Water Pollution Control Act (33 
     U.S.C. 1330);
       (5) critical habitat, as defined in section 3(5) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1532(5));
       (6) estuarine research reserves within the National 
     Estuarine Research Reserve System established by section 315 
     of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); 
     and
       (7) national parks and national seashores administered by 
     the National Park Service under the National Park Service 
     Organic Act (16 U.S.C. 1 et seq.).
       (b) Factors Considered.--In determining whether 
     navigational measures are warranted for an area under 
     subsection (a), the Commandant and the Under Secretary for 
     Oceans and Atmosphere shall consider, at a minimum--
       (1) the frequency of transits of vessels which are required 
     to prepare a response plan under section 311(j) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321(j));
       (2) the type and quantity of oil transported as cargo or 
     fuel;
       (3) the expected benefits of routing measures in reducing 
     risks of spills;
       (4) the costs of such measures;
       (5) the safety implications of such measures; and
       (6) the nature and value of the resources to be protected 
     by such measures.
       (c) Establishment of Routing and Other Navigational 
     Measures.--The Commandant shall establish such routing or 
     other navigational measures for areas identified under 
     subsection (a).
       (d) Establishment of Areas to Be Avoided.--To the extent 
     that the Commandant and the Under Secretary for Oceans and 
     Atmosphere identify areas in which navigational measures are 
     warranted for an area under subsection (a), the Secretary and 
     the Under Secretary shall seek to establish such areas 
     through the International Maritime Organization or establish 
     comparable areas pursuant to regulations and in a manner that 
     is consistent with international law.
       (e) Oil Shipment Data and Report.--
       (1) Data collection.--The Commandant of the Coast Guard, in 
     consultation with the Chief of Engineers, shall analyze data 
     on oil transported as cargo on vessels in the navigable 
     waters of the United States, including information on--
       (A) the quantity and type of oil being transported;
       (B) the vessels used for such transportation;
       (C) the frequency with which each type of oil is being 
     transported; and
       (D) the point of origin, transit route, and destination of 
     each such shipment of oil.
       (2) Quarterly report.--
       (A) Requirement for quarterly report.--The Secretary shall, 
     not less frequently than once each calendar quarter, submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on the data collected and 
     analyzed under paragraph (1).
       (B) Format.--Each report submitted under subparagraph (A) 
     shall be submitted in a format that does not disclose 
     information exempted from disclosure.

     SEC. 628. NOTICE TO STATES OF BULK OIL TRANSFERS.

       (a) In General.--A State may, by law, require a person to 
     provide notice of 24 hours or more to the State and to the 
     Coast Guard prior to transferring oil in bulk as cargo in an 
     amount equivalent to 250 barrels or more to, from, or within 
     a vessel in State waters.
       (b) Coast Guard Assistance.--The Commandant of the Coast 
     Guard may assist a State in developing appropriate 
     methodologies for joint Federal and State notification of an 
     oil transfer described in subsection (a) to minimize any 
     potential burden to vessels.

     SEC. 629. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

       (a) Establishment.--Not later than 270 days after the date 
     of enactment of this Act, the President shall establish a 
     Gulf of Mexico Regional Citizens' Advisory Council 
     (hereinafter in this section referred to as the ``Council'').
       (b) Goal.--The goal of the Council shall be to foster more 
     effective engagement by interested stakeholders and local 
     communities in providing relevant Federal agencies and the 
     energy industry with advice on energy, safety, health, 
     maritime, national defense, and environmental aspects of 
     offshore energy and minerals production in the Gulf of 
     Mexico.
       (c) Participation.--In establishing the Council, the 
     President shall provide for the appropriate participation by 
     relevant stakeholders located in the coastal areas of the 
     Gulf of Mexico, including--
       (1) the commercial fin, shellfish, and charter fishing 
     industries;
       (2) the tourism, hotel, and restaurant industries;
       (3) socially vulnerable communities, including both 
     indigenous and non-indigenous communities;
       (4) marine and coastal conservation entities;
       (5) incorporated and unincorporated municipalities; and
       (6) other appropriate entities.
       (d) Consideration.--In establishing the Council, the 
     President shall take into account the experience of Federal 
     government and industry in working with the Prince William 
     Sound Regional Citizens' Advisory Council to promote the 
     environmentally safe operation of the Alyeska Pipeline marine 
     terminal in Valdez, Alaska, and the oil tankers that use it.
       (e) Report to Congress Prior to Establishment.--Not later 
     than 180 days after the date of enactment of this Act, the 
     President shall submit to Congress a plan for the appointment 
     and operation of the Council. The report shall include a 
     description of--
       (1) the legal form proposed for the Council;
       (2) the duties proposed for the Council;
       (3) the manner in which the work of the Council would 
     relate to--
       (A) the execution by relevant Federal agencies of their 
     respective statutory authorities; and
       (B) the activities of the energy industry;
       (4) the manner in which the appointments would be made to 
     the Council to ensure balanced representation of all relevant 
     stakeholders with respect to the goal of the Council;
       (5) the manner in which advice and recommendations from the 
     Council would be treated by the relevant Federal agencies and 
     the energy industry;
       (6) provisions relating to conflict of interest and 
     protection of sensitive or confidential information that may 
     be shared with the Council; and
       (7) the manner in which the activities of the Council would 
     be financially supported.
       (f) Annual Reports.--The President shall require that an 
     annual report be submitted to Congress on the activities of 
     the Council.

     SEC. 630. VESSEL LIABILITY.

       (a) In General.--Section 1004(a) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2704(a)) is amended by striking paragraph 
     (1) and inserting the following:
       ``(1) for a vessel that is--
       ``(A) a tank ship that is a single-hull vessel, including a 
     single hull vessel fitted with double sides only or a double 
     bottom only, $3,300 per gross ton or $93,600,000, whichever 
     is greater;
       ``(B) a tank ship that is a double-hull vessel, $1,900 per 
     gross ton or $16,000,000, whichever is greater;
       ``(C) a tank barge that is a single-hull vessel, including 
     a single-hull vessel fitted with double sides only or a 
     double bottom only, $7,000 per gross ton or $29,100,000, 
     whichever is greater; or
       ``(D) a tank barge that is a double-hull vessel, $7,000 per 
     gross ton or $10,000,000, whichever is greater;''.
       (b) Definitions.--Section 1001(34) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2701(34)) is amended--
       (1) by redesignating subparagraphs (A),(B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (2) by striking `` `tank vessel' means'' and inserting 
     ``(A) `tank vessel' means''; and

[[Page S6416]]

       (3) by inserting at the end the following:
       ``(B) `tank barge' means a non-self-propelled tank vessel; 
     and
       ``(C) `tank ship' means a self-propelled tank vessel;''.

     SEC. 631. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE 
                   CASUALTIES.

       Section 6101 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(j) Notice to States and Tribal Governments.--
       ``(1) Requirement to notify.--Not later than 1 hour after 
     receiving a report of a marine casualty under this section, 
     the Secretary shall forward the report to each appropriate 
     State agency and tribal government of an Indian tribe (as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b)) that has 
     jurisdiction concurrent with the United States or adjacent to 
     waters in which the marine casualty occurred.
       ``(2) Appropriate state agency.--Each State shall identify 
     for the Secretary the appropriate State agency to receive a 
     report under paragraph (1). Such agency shall be responsible 
     for forwarding appropriate information related to such report 
     to local and tribal governments within the State.''.

     SEC. 632. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

       (a) In General.--In any response to an oil spill in which 
     the Commandant of the Coast Guard serves as the Federal On-
     Scene Coordinator leading a Unified Command, the Commandant, 
     on a publicly accessible website, shall publish all written 
     Incident Action Plans prepared and approved as a part of the 
     response to such oil spill.
       (b) Timeliness and Duration.--The Commandant shall--
       (1) publish each Incident Action Plan pursuant to 
     subsection (a) promptly after such Plan is approved for 
     implementation by the Unified Command, and in no event later 
     than 12 hours into the operational period for which such Plan 
     is prepared; and
       (2) ensure that such plan remains remain publicly 
     accessible by website for the duration of the response to oil 
     spill.
       (c) Redaction of Personal Information.--The Commandant may 
     redact information from an Incident Action Plans published 
     pursuant to subsection (a) to the extent necessary to comply 
     with applicable privacy laws and other requirements regarding 
     personal information.

     SEC. 633. LEAVE RETENTION AUTHORITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by inserting after section 425 the 
     following:

     ``Sec. 426. Emergency leave retention authority

       ``(a) In General.--A duty assignment for an active duty 
     member of the Coast Guard in support of a declaration of a 
     major disaster or emergency by the President under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) or in response to a spill of national 
     significance shall be treated, for the purpose of section 
     701(f)(2) of title 10, as a duty assignment in support of a 
     contingency operation.
       ``(b) Definitions.--In this section:
       ``(1) Discharge.--The term `discharge' has the meaning 
     given that term in section 1001(7) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2701(7)).
       ``(2) Spill of national significance.--The term `spill of 
     national significance' means a discharge of oil or a 
     hazardous substance that is declared by the Commandant to be 
     a spill of national significance.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 425 
     the following:

``426. Emergency leave retention authority.''.

               TITLE VII--CATASTROPHIC INCIDENT PLANNING

     SEC. 701. CATASTROPHIC INCIDENT PLANNING.

       (a) Catastrophic Incident Planning Initiative.--Chapter 1 
     of subtitle C of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 741 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 655. CATASTROPHIC INCIDENT PLANNING.

       ``(a) Definitions.--In this section--
       ``(1) the term `catastrophic incident plan' means a plan to 
     prevent, prepare for, protect against, respond to, and 
     recover from catastrophic incidents;
       ``(2) the term `critical infrastructure' has the meaning 
     given that term in section 1016(e) of the USA PATRIOT Act (42 
     U.S.C. 5195c(e)); and
       ``(3) the term `National Response Framework' means the 
     successor document to the National Response Plan issued in 
     January 2008, or any other successor plan prepared under 
     section 504(a)(6) of the Homeland Security Act of 2002 (6 
     U.S.C. 314(a)(6)).
       ``(b) Coordinated Planning.--
       ``(1) In general.--The President shall ensure that there is 
     a coordinated system of catastrophic incident plans 
     throughout the Federal Government.
       ``(2) Implementation.--In carrying out paragraph (1), the 
     President shall--
       ``(A) identify risks of catastrophic incidents, including 
     across all critical infrastructure sectors;
       ``(B) prioritize risks of catastrophic incidents to 
     determine for which risks the development of catastrophic 
     incident plans is most necessary or likely to be most 
     beneficial;
       ``(C) ensure that Federal agencies coordinate to develop 
     comprehensive and effective catastrophic incident plans to 
     address prioritized catastrophic risks; and
       ``(D) review catastrophic incident plans developed by 
     Federal agencies to ensure the effectiveness of the plans, 
     including assessing whether--
       ``(i) the assumptions underlying the catastrophic incident 
     plans are realistic;
       ``(ii) the resources identified to implement the 
     catastrophic incident plans are adequate, including that the 
     catastrophic incident plans address the need for surge 
     capacity;
       ``(iii) exercises designed to evaluate the catastrophic 
     incident plans are adequate;
       ``(iv) the catastrophic incident plans incorporate lessons 
     learned from other catastrophic incidents, include those in 
     other countries, where appropriate;
       ``(v) the catastrophic incident plans appropriately account 
     for new events and situations;
       ``(vi) the catastrophic incident plans adequately address 
     the need for situational awareness and information sharing;
       ``(vii) the number, skills, and training of the available 
     workforce is sufficient to implement the catastrophic 
     incident plans;
       ``(viii) the catastrophic incident plans reflect 
     coordination with governmental and nongovernmental entities 
     that would play a significant role in the response to the 
     catastrophic incident; and
       ``(ix) the catastrophic incident plans set forth a clear 
     command structure and allocation of responsibilities 
     consistent with the National Response Framework and the 
     National Incident Management System.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of the Clean Energy Jobs and Oil Company 
     Accountability Act of 2010, and annually thereafter until 
     December 31, 2020, the President shall submit a report to the 
     appropriate committees of Congress that includes--
       ``(1) a discussion of the status of catastrophic incident 
     planning efforts required under this section, including a 
     list of all catastrophic incident plans in progress or 
     completed; and
       ``(2) a report on planning efforts by Federal agencies 
     required under section 653, including any certification under 
     subsection 653(d).''.
       (b) Office of Catastrophic Planning.--Title V of the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 525. CATASTROPHIC INCIDENT PLANNING.

       ``(a) Definition.--In this section, the term `catastrophic 
     incident plan' means a plan to prevent, prepare for, protect 
     against, respond to, and recover from a catastrophic 
     incident.
       ``(b) Establishment.--The Secretary shall establish an 
     Office of Catastrophic Planning in the Agency, which shall be 
     headed by a Director of Catastrophic Planning.
       ``(c) Mission.--The mission of the Office of Catastrophic 
     Planning shall be to lead efforts within the Department, and 
     to support, promote, and coordinate efforts throughout the 
     Federal Government, by State, local and tribal governments, 
     and by the private sector, to plan effectively to prevent, 
     prepare for, protect against, respond to, and recover from 
     catastrophic incidents, whether natural disasters, acts of 
     terrorism, or other man-made disasters.
       ``(d) Responsibilities.--The responsibilities of the 
     Director of Catastrophic Planning shall include--
       ``(1) assisting the President and Federal agencies in 
     identifying risks of catastrophic incidents for which 
     planning is likely to be most needed or beneficial, including 
     risks across all critical infrastructure sectors;
       ``(2) leading the efforts of the Department to prepare 
     catastrophic incident plans to address risks in the areas of 
     responsibility of the Department;
       ``(3) providing support to other Federal agencies by--
       ``(A) providing guidelines, standards, training, and 
     technical assistance to assist the agencies in developing 
     effective catastrophic incident plans in the areas of 
     responsibility of the agencies;
       ``(B) assisting the agencies in the assessment of the 
     catastrophic incident plans of the agencies, including 
     through assistance with the design and evaluation of 
     exercises; and
       ``(C) assisting the agencies in developing tools to 
     meaningfully evaluate catastrophic incident plans submitted 
     to the agency by private sector entities;
       ``(4) ensuring coordination with State, local, and tribal 
     governments in the development of Federal catastrophic 
     incident plans;
       ``(5) providing assistance to State, local, and tribal 
     governments in developing catastrophic incident plans, 
     including supporting the development of catastrophic incident 
     annexes under section 613 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196b);
       ``(6) promoting and supporting appropriate catastrophic 
     incident planning by private sector entities, including 
     private sector entities that own or manage critical 
     infrastructure;
       ``(7) promoting the training and education of additional 
     emergency planners;
       ``(8) assisting the Administrator in the preparation of the 
     catastrophic resource report required under section 652(b) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 752(b));
       ``(9) assisting the President in ensuring consistency and 
     coordination across Federal catastrophic incident plans; and
       ``(10) otherwise assisting the President in implementing 
     section 655 of the Post-Katrina Emergency Management Reform 
     Act of 2006.''.

[[Page S6417]]

       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, for each of fiscal years 2011 through 2020.
       (d) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 524 the following:

``Sec. 525. Catastrophic incident planning.''.

     SEC. 702. ALIGNMENT OF RESPONSE FRAMEWORKS.

       (a) Definitions.--In this section--
       (1) the term ``National Response Framework'' means the 
     successor document to the National Response Plan issued in 
     January 2008, or any other successor plan prepared under 
     section 504(a)(6) of the Homeland Security Act of 2002 (6 
     U.S.C. 314(a)(6));
       (2) the term ``National Contingency Plan'' means the 
     National Contingency Plan prepared under section 311(d) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) 
     or revised under section 105 of the Comprehensive 
     Environmental Response, Compensation and Liability Act (42 
     U.S.C. 9605); and
       (3) the term ``plans'' means the National Response 
     Framework, the National Contingency Plan, and any other plan 
     the Secretary of Homeland Security and the Administrator of 
     the Environmental Protection Agency jointly determine plays a 
     significant role in guiding the response by the Federal 
     Government to the discharge of oil or other hazardous 
     substances.
       (b) Alignment of Plans.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security (in coordination with the Administrator of the 
     Federal Emergency Management Agency and the Commandant of the 
     Coast Guard) and the Administrator of the Environmental 
     Protection Agency, in conjunction with the head of any other 
     Federal agency determined appropriate by the President, shall 
     review the plans and submit to Congress a report regarding--
       (1) the coordination and consistency between the plans, 
     including with respect to--
       (A) unified command and reporting structures;
       (B) relationships with State, local, and tribal 
     governments; and
       (C) assignment of support responsibilities among Federal 
     agencies;
       (2) lessons learned from an initial post-incident analysis 
     of the implementation of the plans during the response by the 
     Federal Government to the discharge of oil arising from the 
     explosion on and sinking of the mobile offshore drilling unit 
     Deepwater Horizon;
       (3) recommendations for modifications to the plans to 
     ensure coordination and, where appropriate, consistency 
     between the plans and to maximize the purpose of each plan, 
     consistent with statutory authorities;
       (4) planned actions to address any modifications 
     recommended under paragraph (3); and
       (5) how the plans will be integrated in the event of a 
     disaster occurring after the date of the report involving a 
     discharge of oil or other hazardous material.
       (c) Savings Clause.--Nothing in this section requires a 
     modification to the National Contingency Plan or the National 
     Response Framework or affects the authority of the 
     Administrator of the Environmental Protection Agency or the 
     Secretary of Homeland Security to modify or carry out the 
     National Contingency Plan or the National Response Framework.

TITLE VIII--SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP DEEPWATER 
                HORIZON OIL SPILL AND OFFSHORE DRILLING

     SEC. 801. SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP 
                   DEEPWATER HORIZON OIL SPILL AND OFFSHORE 
                   DRILLING.

       (a) Subpoena Power.--The National Commission on the BP 
     Deepwater Horizon Oil Spill and Offshore Drilling established 
     by Executive Order No. 13543 of May 21, 2010 (referred to in 
     this section as the ``Commission''), may issue subpoenas to 
     compel the attendance and testimony of witnesses and the 
     production of books, records, correspondence, memoranda, and 
     other documents.
       (b) Issuance.--
       (1) Authorization.--A subpoena may be issued under this 
     section only by--
       (A) agreement of the Co-Chairs of the Commission; or
       (B) the affirmative vote of a majority of the members of 
     the Commission.
       (2) Justice department coordination.--
       (A) Notification.--
       (i) In general.--The Commission shall notify the Attorney 
     General or designee of the intent of the Commission to issue 
     a subpoena under this section, the identity of the witness, 
     and the nature of the testimony sought before issuing such a 
     subpoena.
       (ii) Form and content.--The form and content of the notice 
     shall be set forth in the guidelines to be issued under 
     subparagraph (D).
       (B) Conditions for objection to issuance.--The Commission 
     may not issue a subpoena under authority of this section if 
     the Attorney General objects to the issuance of the subpoena 
     on the basis that the taking of the testimony is likely to 
     interfere with any--
       (i) Federal or State criminal investigation or prosecution; 
     or
       (ii) pending investigation under sections 3729 through 3732 
     of title 31, United States Code (commonly known as the 
     ``Civil False Claims Act'') or other Federal law providing 
     for civil remedies, or any civil litigation to which the 
     United States or any Federal agencies is or is likely to be a 
     party.
       (C) Notification of objection.--The Attorney General or 
     relevant United States Attorney shall notify the Commission 
     of an objection raised under this paragraph without 
     unnecessary delay and as set forth in the guidelines to be 
     issued under subparagraph (D).
       (D) Guidelines.--As soon as practicable, but no later than 
     30 days after the date of the enactment of this Act, the 
     Attorney General, after consultation with the Commission, 
     shall issue guidelines to carry out this subsection.
       (3) Signature and service.--A subpoena issued under this 
     section may be--
       (A) issued under the signature of either Co-Chair or any 
     member designated by a majority of the Commission; and
       (B) served by any person designated by the Co-Chairs or a 
     member designated by a majority of the Commission.
       (c) Enforcement.--
       (1) Required procedures.--
       (A) In general.--In the case of contumacy of any person 
     issued a subpoena under this section or refusal by the person 
     to comply with the subpoena, the Commission shall request the 
     Attorney General to seek enforcement of the subpoena.
       (B) Enforcement.--On such request, the Attorney General 
     shall seek enforcement of the subpoena in a court described 
     in paragraph (2).
       (C) Order.--The court in which the Attorney General seeks 
     enforcement of the subpoena--
       (i) shall issue an order requiring the subpoenaed person to 
     appear at any designated place to testify or to produce 
     documentary or other evidence; and
       (ii) may punish any failure to obey the order as a contempt 
     of that court.
       (2) Jurisdiction for enforcement.--Any United States 
     district court for a judicial district in which a person 
     issued a subpoena under this section resides, is served, or 
     may be found, or in which the subpoena is returnable, shall 
     have jurisdiction to enforce the subpoena as provided in 
     paragraph (1).

            TITLE IX--CORAL REEF CONSERVATION ACT AMENDMENTS

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Coral Reef Conservation 
     Amendments Act of 2010''.

     SEC. 902. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.).

     SEC. 903. AGREEMENTS; REDESIGNATIONS.

       The Act (16 U.S.C. 6401 et seq.) is amended--
       (1) by redesignating section 208 (16 U.S.C. 6407) as 
     section 213;
       (2) by redesignating section 209 (16 U.S.C. 6408) as 
     section 214; and
       (3) by redesignating section 210 (16 U.S.C. 6409) as 
     section 215.

     SEC. 904. EMERGENCY ASSISTANCE.

       Section 206 (16 U.S.C. 6405) is amended to read as follows:

     ``SEC. 206. EMERGENCY ASSISTANCE.

       ``The Secretary, in cooperation with the Administrator of 
     the Federal Emergency Management Agency, as appropriate, may 
     provide assistance to any State, local, or territorial 
     government agency with jurisdiction over coral reef 
     ecosystems to address any unforeseen or disaster-related 
     circumstance pertaining to coral reef ecosystems.''.

     SEC. 905. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

       Section 207 (16 U.S.C. 6406) is amended to read as follows:

     ``SEC. 207. EMERGENCY RESPONSE, STABILIZATION, AND 
                   RESTORATION.

       ``(a) Establishment of Account.--The Secretary shall 
     establish an account (to be called the `Emergency Response, 
     Stabilization, and Restoration Account') in the Damage 
     Assessment Restoration Revolving Fund established by the 
     Department of Commerce Appropriations Act, 1991 (Public Law 
     101-515; 33 U.S.C. 2706 note), for implementation of this 
     title for emergency actions.
       ``(b) Deposits.--
       ``(1) Deposits.--There shall be deposited in the Emergency 
     Response, Stabilization, and Restoration Account amounts as 
     follows:
       ``(A) Amounts appropriated for the Account.
       ``(B) Amounts received by the United States pursuant to 
     this title.
       ``(C) Amounts otherwise authorized for deposit in the 
     Account by this title.
       ``(2) Availability of deposits.--Amounts deposited in the 
     Account shall be available for use by the Secretary for 
     emergency response, stabilization, and restoration activities 
     under this title.''.

     SEC. 906. PROHIBITED ACTIVITIES.

       (a) In General.--The Act (16 U.S.C. 6401 et seq.) is 
     amended by inserting after section 207 the following:

     ``SEC. 208. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``(a) Provisions as Complementary.--The provisions of this 
     section are in addition to,

[[Page S6418]]

     and shall not affect the operation of, other Federal, State, 
     or local laws or regulations providing protection to coral 
     reef ecosystems.
       ``(b) Destruction, Loss, Taking, or Injury.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     is unlawful for any person to destroy, take, cause the loss 
     of, or injure any coral reef or any component thereof.
       ``(2) Exceptions.--The destruction, loss, taking, or injury 
     of a coral reef or any component thereof is not unlawful if 
     it--
       ``(A) was caused by the use of fishing gear used in a 
     manner permitted under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law;
       ``(B) was caused by an activity that is authorized or 
     allowed by Federal or State law (including lawful discharges 
     from vessels, such as graywater, cooling water, engine 
     exhaust, ballast water, or sewage from marine sanitation 
     devices), unless the destruction, loss, or injury resulted 
     from actions such as vessel groundings, vessel scrapings, 
     anchor damage, excavation not authorized by Federal or State 
     permit, or other similar activities;
       ``(C) was the necessary result of bona fide marine 
     scientific research (including marine scientific research 
     activities approved by Federal, State, or local permits), 
     other than excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities;
       ``(D)(i) was caused by a Federal Government agency during--
       ``(I) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment;
       ``(II) an emergency that posed a threat to national 
     security; or
       ``(III) an activity necessary for law enforcement or search 
     and rescue; and
       ``(ii) could not reasonably be avoided; or
       ``(E) was caused by an action taken by the master of the 
     vessel in an emergency situation to ensure the safety of the 
     vessel or to save a life at sea.
       ``(c) Interference With Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to violate any provision of this 
     title, any permit issued pursuant to this title, or any 
     regulation promulgated pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.
       (b) Emergency Action Regulations.--The Secretary of 
     Commerce shall initiate a rulemaking proceeding to prescribe 
     the circumstances and conditions under which the exception in 
     section 208(b)(2)(E) of the Coral Reef Conservation Act of 
     2000, as added by subsection (a), applies and shall issue a 
     final rule pursuant to that rulemaking as soon as practicable 
     but not later than 1 year after the date of the enactment of 
     this Act. Nothing in this subsection shall be construed to 
     require the issuance of such regulations before the exception 
     provided by that section is in effect.

     SEC. 907. DESTRUCTION OF CORAL REEFS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 208, as added by section 906 of this title, the 
     following:

     ``SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, 
                   CORAL REEFS.

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsections (b) or (d) of section 208, or 
     create an imminent risk thereof, are liable, jointly and 
     severally, to the United States for an amount equal to the 
     sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) In general.--Any vessel used in an activity that is 
     prohibited under subsection (b) or (d) of section 208, or 
     creates an imminent risk thereof, shall be liable in rem to 
     the United States for an amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) Maritime liens.--The amount of liability shall 
     constitute a maritime lien on the vessel and may be recovered 
     in an action in rem in any district court of the United 
     States that has jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No limit to liability.--Nothing in chapter 305 or 
     section 30706 of title 46, United States Code, shall limit 
     liability to any person under this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) In general.--The Secretary shall assess damages to 
     coral reefs and shall consult with State officials regarding 
     response and damage assessment actions undertaken for coral 
     reefs within State waters.
       ``(B) Prohibition on double recovery.--There shall be no 
     double recovery under this title for coral reef damages, 
     including the cost of damage assessment, for the same 
     incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described in section 1005 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2705). The 
     Secretary, acting as trustee for coral reefs for the United 
     States, shall submit a request for such an action to the 
     Attorney General whenever a person or vessel may be liable 
     for such costs or damages.
       ``(2) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--
       ``(1) In general.--Any costs, including response costs and 
     damages recovered by the Secretary under this section shall--
       ``(A) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(B) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(C) be for use, as the Secretary considers appropriate--
       ``(i) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) of this section for costs incurred in conducting the 
     activity;
       ``(ii) to be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 208(d) to reimburse that account for amounts used for 
     authorized emergency actions; and
       ``(iii) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any coral reefs, or 
     components thereof, including the reasonable costs of 
     monitoring, or to minimize or prevent threats of equivalent 
     injury to, or destruction of coral reefs, or components 
     thereof.
       ``(2) Restoration considerations.--In development of 
     restoration alternatives under paragraph (1)(C), the 
     Secretary shall consider State and territorial preferences 
     and, if appropriate, shall prioritize restoration projects 
     with geographic and ecological linkages to the injured 
     resources.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed not later than 3 years after the

[[Page S6419]]

     date on which the Secretary completes a damage assessment and 
     restoration plan for the coral reefs, or components thereof, 
     to which the action relates.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.''.

     SEC. 908. ENFORCEMENT.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 209, as added by section 907 of this title, the 
     following:

     ``SEC. 210. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--
       ``(1) In general.--Any person who is authorized to enforce 
     this title may--
       ``(A) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel, except that such authority shall not exist with 
     respect to vessels owned or time chartered by a uniformed 
     service (as defined in section 101 of title 10, United States 
     Code) as warships or naval auxiliaries;
       ``(B) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;
       ``(C) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(D) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(E) exercise any other lawful authority; and
       ``(F) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 208.
       ``(2) Naval auxiliary defined.--In this subsection, the 
     term `naval auxiliary' means a vessel, other than a warship, 
     that is owned by or under the exclusive control of a 
     uniformed service and used at the time of the destruction, 
     take, loss, or injury for government, non-commercial service, 
     including combat logistics force vessels, pre-positioned 
     vessels, special mission vessels, or vessels exclusively used 
     to transport military supplies and materials.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--
       ``(A) In general.--Any person subject to the jurisdiction 
     of the United States who violates this title or any 
     regulation promulgated or permit issued hereunder, shall be 
     liable to the United States for a civil administrative 
     penalty of not more than $200,000 for each such violation, to 
     be assessed by the Secretary.
       ``(B) Continuing violations.--Each day of a continuing 
     violation shall constitute a separate violation.
       ``(C) Determination of amount.--In determining the amount 
     of civil administrative penalty, the Secretary shall take 
     into account the nature, circumstances, extent, and gravity 
     of the prohibited acts committed and, with respect to the 
     violator, the degree of culpability, and any history of prior 
     violations, and such other matters as justice may require.
       ``(D) Consideration of ability to pay.--In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this title, and who violates this 
     title or any regulation or permit issued under this title, 
     the Secretary may deny, suspend, amend, or revoke in whole or 
     in part any such permit. For any person who has failed to pay 
     or defaulted on a payment agreement of any civil penalty or 
     criminal fine or liability assessed pursuant to any natural 
     resource law administered by the Secretary, the Secretary may 
     deny, suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this title.
       ``(3) Imposition of civil judicial penalties.--
       ``(A) In general.--Any person who violates any provision of 
     this title, any regulation promulgated or permit issued 
     thereunder, shall be subject to a civil judicial penalty not 
     to exceed $250,000 for each such violation.
       ``(B) Continuing violations.--Each day of a continuing 
     violation shall constitute a separate violation.
       ``(C) Civil actions.--The Attorney General, upon the 
     request of the Secretary, may commence a civil action in an 
     appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require.
       ``(D) Amounts of civil penalties.--In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require.
       ``(E) Consideration of ability to pay.--In imposing such 
     penalty, the district court may also consider information 
     related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--
       ``(A) In general.--If any person fails to pay an assessment 
     of a civil penalty under this section after it has become a 
     final and unappealable order, or after the appropriate court 
     has entered final judgment in favor of the Secretary, the 
     Secretary shall refer the matter to the Attorney General, who 
     shall recover the amount assessed in any appropriate district 
     court of the United States (plus interest at current 
     prevailing rates from the date of the final order).
       ``(B) Not subject to review.--In such action, the validity 
     and appropriateness of the final order imposing the civil 
     penalty shall not be subject to review.
       ``(C) Attorney's fees, costs, and nonpayment penalty.--
       ``(i) In general.--Any person who fails to pay, on a timely 
     basis, the amount of an assessment of a civil penalty shall 
     be required to pay, in addition to such amount and interest, 
     attorney's fees and costs for collection proceedings and a 
     quarterly nonpayment penalty for each quarter during which 
     such failure to pay persists.
       ``(ii) Amount of nonpayment penalty.--Such nonpayment 
     penalty shall be in an amount equal to 20 percent of the 
     aggregate amount of such person's penalties and nonpayment 
     penalties that are unpaid as of the beginning of such 
     quarter.
       ``(7) Compromise or other action by secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisdiction.--
       ``(A) In general.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section.
       ``(B) American samoa.--For the purpose of this section, 
     American Samoa shall be included within the judicial district 
     of the District Court of the United States for the District 
     of Hawaii.
       ``(C) Treatment of violations.--Each violation shall be a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--
       ``(A) In general.--A person who is convicted of an offense 
     in violation of this title shall forfeit to the United 
     States--
       ``(i) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(ii) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.
       ``(B) Application of certain provisions of controlled 
     substances act.--Pursuant to section 2461(c) of title 28, 
     United States Code, the provisions of section 413 of the 
     Controlled Substances Act (21 U.S.C. 853) other than 
     subsection (d) thereof shall apply to criminal forfeitures 
     under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be subject to forfeiture to the United States in accordance 
     with the provisions of chapter 46 of title 18, United States 
     Code, and no property right shall exist in it:
       ``(A) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof).
       ``(B) Any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of customs laws.--
       ``(A) In general.--All provisions of law relating to 
     seizure, summary judgment, and judicial forfeiture and 
     condemnation for violation of the customs laws, the 
     disposition of the property forfeited or condemned or the 
     proceeds from the sale thereof, the remission or mitigation 
     of such forfeitures, and the

[[Page S6420]]

     compromise of claims shall apply to seizures and forfeitures 
     incurred, or alleged to have been incurred, under the 
     provisions of this title, insofar as applicable and not 
     inconsistent with the provisions hereof.
       ``(B) Authority for actions by secretary.--For seizures and 
     forfeitures of property under this section by the Secretary, 
     such duties as are imposed upon the customs officer or any 
     other person with respect to the seizure and forfeiture of 
     property under the customs law may be performed by such 
     officers as are designated by the Secretary or, upon request 
     of the Secretary, by any other agency that has authority to 
     manage and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this title 
     or of any regulation promulgated under this title and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Deposit and availability.--Notwithstanding section 
     3302 of title 31, United States Code, or section 311 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1861), amounts received by the United States as civil 
     penalties under subsection (c) of this section, forfeitures 
     of property under subsection (d) of this section, and costs 
     imposed under subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Use of forfeitures and costs.--Amounts received under 
     this section for forfeitures under subsection (d) and costs 
     imposed under subsection (e) shall be used to pay the 
     reasonable and necessary costs incurred by the Secretary to 
     provide temporary storage, care, maintenance, and disposal of 
     any property seized in connection with a violation of this 
     title or any regulation promulgated under this title.
       ``(3) Use of civil penalties.--Amounts received under this 
     section as civil penalties under subsection (c) of this 
     section and any amounts remaining after the operation of 
     paragraph (2) of this subsection shall--
       ``(A) be used to stabilize, restore, or otherwise manage 
     the coral reef with respect to which the violation occurred 
     that resulted in the penalty or forfeiture;
       ``(B) be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 207(a) or an account described in section 209(d)(1), 
     to reimburse such account for amounts used for authorized 
     emergency actions;
       ``(C) be used to conduct monitoring and enforcement 
     activities;
       ``(D) be used to conduct research on techniques to 
     stabilize and restore coral reefs;
       ``(E) be used to conduct activities that prevent or reduce 
     the likelihood of future damage to coral reefs;
       ``(F) be used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) be used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Interference with enforcement.--Any person (other 
     than a foreign government or any entity of such government) 
     who knowingly commits any act prohibited by section 208(c) of 
     this title shall be imprisoned for not more than 5 years and 
     shall be fined not more than $500,000 for individuals or 
     $1,000,000 for an organization; except that if in the 
     commission of any such offense the individual uses a 
     dangerous weapon, engages in conduct that causes bodily 
     injury to any officer authorized to enforce the provisions of 
     this title, or places any such officer in fear of imminent 
     bodily injury, the maximum term of imprisonment is not more 
     than 10 years.
       ``(2) Other knowing violations .--Any person (other than a 
     foreign government or any entity of such government) who 
     knowingly violates subsection (b), (d), or (e) of section 208 
     shall be fined under title 18, United States Code, or 
     imprisoned not more than 5 years or both.
       ``(3) Other unknowing violations.--Any person (other than a 
     foreign government or any entity of such government) who 
     violates subsection (b), (d), or (e) of section 208, and who, 
     in the exercise of due care should know that such person's 
     conduct violates subsection (b), (d), or (e) of section 208, 
     shall be fined under title 18, United States Code, or 
     imprisoned not more than 1 year, or both.
       ``(4) Jurisdiction.--
       ``(A) In general.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this subsection.
       ``(B) American samoa.--For the purpose of this subsection, 
     American Samoa shall be included within the judicial district 
     of the District Court of the United States for the District 
     of Hawaii.
       ``(C) Treatment of violations.--Each violation shall be a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       ``(h) Subpoenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the Under Secretary for Oceans and 
     Atmosphere which is determined on the record in accordance 
     with the procedures provided for under section 554 of title 
     5, United States Code, the Secretary may issue subpoenas for 
     the attendance and testimony of witnesses and the production 
     of relevant papers, books, electronic files, and documents, 
     and may administer oaths.
       ``(i) Coast Guard Authority Not Limited.--Nothing in this 
     section shall be considered to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) Injunctive relief by secretary.--
       ``(A) In general.--If the Secretary determines that there 
     is an imminent risk of destruction or loss of or injury to a 
     coral reef, or that there has been actual destruction or loss 
     of, or injury to, a coral reef which may give rise to 
     liability under section 209 of this title, the Attorney 
     General, upon request of the Secretary, shall seek to obtain 
     such relief as may be necessary to abate such risk or actual 
     destruction, loss, or injury, or to restore or replace the 
     coral reef, or both.
       ``(B) Jurisdiction.--The district courts of the Unites 
     States shall have jurisdiction in such a case to order such 
     relief as the public interest and the equities of the case 
     may require.
       ``(2) Injunctive relief by attorney general.--Upon the 
     request of the Secretary, the Attorney General may seek to 
     enjoin any person who is alleged to be in violation of any 
     provision of this title, or any regulation or permit issued 
     under this title, and the district courts shall have 
     jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in Civil Actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(n) Uniformed Service Officers and Employees.--No officer 
     or employee of a uniformed service (as defined in section 101 
     of title 10, United States Code) shall be held liable under 
     this section, either in such officer's or employee's personal 
     or official capacity, for any violation of section 208 
     occurring during the performance of the officer's or 
     employee's official governmental duties.
       ``(o) Contract Employees.--No contract employee of a 
     uniformed service (as so defined), serving as vessel master 
     or crew member, shall be liable under this section for any 
     violation of section 208 if that contract employee--
       ``(1) is acting as a contract employee of a uniformed 
     service under the terms of an operating contract for a vessel 
     owned by a uniformed service, or a time charter for pre-
     positioned vessels, special mission vessels, or vessels 
     exclusively transporting military supplies and materials; and
       ``(2) is engaged in an action or actions over which such 
     employee has been given no discretion (e.g., anchoring or 
     mooring at one or more designated anchorages or buoys, or 
     executing specific operational elements of a special mission 
     activity), as determined by the uniformed service controlling 
     the contract.''.

     SEC. 909. REGULATIONS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 210, as added by section 908 of this title, the 
     following:

[[Page S6421]]

     ``SEC. 211. REGULATIONS.

       ``(a) In General.--The Secretary may issue such regulations 
     as are necessary and appropriate to carry out the purposes of 
     this title.
       ``(b) Application in Accordance With International Law.--
     This title and any regulations promulgated under this title 
     shall be applied in accordance with international law.
       ``(c) Limitations With Respect to Citizenship Status.--No 
     restrictions shall apply to or be enforced against a person 
     who is not a citizen, national, or resident alien of the 
     United States (including foreign flag vessels) unless in 
     accordance with international law.''.

     SEC. 910. JUDICIAL REVIEW.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 211, as added by section 909 of this title, the 
     following:

     ``SEC. 212. JUDICIAL REVIEW.

       ``(a) In General.--Chapter 7 of title 5, United States 
     Code, is not applicable to any action taken by the Secretary 
     under this title, except that--
       ``(1) review of any final agency action of the Secretary 
     taken pursuant to sections 210(c)(1) and 210(c)(2) may be had 
     only by the filing of a complaint by an interested person in 
     the United States District Court for the appropriate 
     district; any such complaint must be filed within 30 days of 
     the date such final agency action is taken; and
       ``(2) review of any final agency action of the Secretary 
     taken pursuant to other provisions of this title may be had 
     by the filing of a petition for review by an interested 
     person in the Circuit Court of Appeals of the United States 
     for the federal judicial district in which such person 
     resides or transact business which is directly affected by 
     the action taken; such petition shall be filed within 120 
     days from the date such final agency action is taken.
       ``(b) No Review in Enforcement Proceedings.--Final agency 
     action with respect to which review could have been obtained 
     under subsection (a)(2) shall not be subject to judicial 
     review in any civil or criminal proceeding for enforcement.
       ``(c) Cost of Litigation.--In any judicial proceeding under 
     subsection (a), the court may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any prevailing party whenever it determines that such award 
     is appropriate.''.

   DIVISION B--REDUCING OIL CONSUMPTION AND IMPROVING ENERGY SECURITY

      TITLE XX--NATURAL GAS VEHICLE AND INFRASTRUCTURE DEVELOPMENT

     SEC. 2001. DEFINITIONS.

       In this title:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Incremental cost.--The term ``incremental cost'' means 
     the difference between--
       (A) the suggested retail price of a manufacturer for a 
     qualified alternative fuel vehicle; and
       (B) the suggested retail price of a manufacturer for a 
     vehicle that is--
       (i) powered solely by a gasoline or diesel internal 
     combustion engine; and
       (ii) comparable in weight, size, and use to the vehicle.
       (3) Mixed-fuel vehicle.--The term ``mixed-fuel vehicle'' 
     means a mixed-fuel vehicle (as defined in section 
     30B(e)(5)(B) of the Internal Revenue Code of 1986) (including 
     vehicles with a gross vehicle weight rating of 14,000 pounds 
     or less) that uses a fuel mix that is comprised of at least 
     75 percent compressed natural gas or liquefied natural gas.
       (4) Natural gas refueling property.--The term ``natural gas 
     refueling property'' means units that dispense at least 85 
     percent by volume of natural gas, compressed natural gas, or 
     liquefied natural gas as a transportation fuel.
       (5) Qualified alternative fuel vehicle.--The term 
     ``qualified alternative fuel vehicle'' means a vehicle 
     manufactured for use in the United States that is--
       (A) a new compressed natural gas- or liquefied natural gas-
     fueled vehicle that is only capable of operating on natural 
     gas;
       (B) a vehicle that is capable of operating for more than 
     175 miles on 1 fueling of compressed or liquefied natural gas 
     and is capable of operating on gasoline or diesel fuel, 
     including vehicles with a gross vehicle weight rating of 
     14,000 pounds or less.
       (6) Qualified manufacturer.--The term ``qualified 
     manufacturer'' means a manufacturer of qualified alternative 
     fuel vehicles or any component designed specifically for use 
     in a qualified alternative fuel vehicle.
       (7) Qualified owner.--The term ``qualified owner'' means an 
     individual that purchases a qualified alternative fuel 
     vehicle for use or lease in the United States but not for 
     resale.
       (8) Qualified refueler.--The term ``qualified refueler'' 
     means the owner or operator of natural gas refueling 
     property.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 2002. PROGRAM ESTABLISHMENT.

       (a) In General.--There is established within the Department 
     a Natural Gas Vehicle and Infrastructure Development Program 
     for the purpose of facilitating the use of natural gas in the 
     United States as an alternative transportation fuel, in order 
     to achieve the maximum feasible reduction in domestic oil 
     use.
       (b) Conversion or Repowering of Vehicles.--The Secretary 
     shall establish a rebate program under this title for 
     qualified owners who convert or repower a conventionally 
     fueled vehicle to operate on compressed natural gas or 
     liquefied natural gas, or to a mixed-fuel vehicle or a bi-
     fuel vehicle.

     SEC. 2003. REBATES.

       (a) Interim Final Rule.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall promulgate an 
     interim final rule establishing regulations that the 
     Secretary considers necessary to administer the rebates 
     required under this section.
       (2) Administration.--The interim final rule shall establish 
     a program that provides--
       (A) rebates to qualified owners for the purchase of 
     qualified alternative fuel vehicles; and
       (B) priority to those vehicles that the Secretary 
     determines are most likely to achieve the shortest payback 
     time on investment and the greatest market penetration for 
     natural gas vehicles.
       (3) Allocation.--Of the amount allocated for rebates under 
     this section, not more than 25 percent shall be used to 
     provide rebates to qualified owners for the purchase of 
     qualified alternative fuel vehicles that have a gross vehicle 
     rating of not more than 8,500 pounds.
       (b) Rebates.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall provide rebates for 90 percent of the incremental cost 
     of a qualified alternative fuel vehicle to a qualified owner 
     for the purchase of a qualified alternative fuel vehicles.
       (2) Maximum values.--
       (A) Natural gas vehicles.--The maximum value of a rebate 
     under this section provided to a qualified owner who places a 
     qualified alternative fuel vehicle into service by 2013 shall 
     be--
       (i) $8,000 for each qualified alternative fuel vehicle with 
     a gross vehicle weight rating of not more than 8,500 pounds;
       (ii) $16,000 for each qualified alternative fuel vehicle 
     with a gross vehicle weight rating of more than 8,500 but not 
     more than 14,000 pounds;
       (iii) $40,000 for each qualified alternative fuel vehicle 
     with a gross vehicle weight rating of more than 14,000 but 
     not more than 26,000 pounds; and
       (iv) $64,000 for each qualified alternative fuel vehicle 
     with a gross vehicle weight rating of more than 26,000 
     pounds.
       (B) Mixed-fuel vehicles.--The maximum value of a rebate 
     under this section provided to a qualified owner who places a 
     qualified alternative fuel vehicle that is a mixed-fuel 
     vehicle into service by 2015 shall be 75 percent of the 
     amount provided for rebates under this section for vehicles 
     that are only capable of operating on natural gas.
       (C) Bi-fuel vehicles.--The maximum value of a rebate under 
     this section provided to a qualified owner of a vehicle 
     described in section 2001(5)(B) shall be 50 percent of the 
     amount provided for rebates under this section for vehicles 
     that are only capable of operating on natural gas.
       (c) Treatment of Rebates.--For purposes of the Internal 
     Revenue Code of 1986, rebates received for qualified 
     alternative fuel vehicles under this section--
       (1) shall not be considered taxable income to a qualified 
     owner;
       (2) shall prohibit the qualified owner from applying for 
     any tax credit allowed under that Code for the same qualified 
     alternative fuel vehicle; and
       (3) shall be considered a credit described in paragraph (2) 
     for purposes of any limitation on the amount of the credit.
       (d) Funding.--
       (1) In general.--On October 1, 2010, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     section $3,800,000,000, to remain available until expended.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation. 

     SEC. 2004. INFRASTRUCTURE AND DEVELOPMENT GRANTS.

       (a) Interim Final Rule.--Not later than 60 days after the 
     date of enactment of this Act, the Secretary shall promulgate 
     an interim final rule establishing an infrastructure 
     deployment program and a manufacturing development program, 
     and any implementing regulations that the Secretary considers 
     necessary, to achieve the maximum practicable cost-effective 
     program to provide grants under this section.
       (b) Grants.--The Secretary shall provide--
       (1) grants of up to $50,000 per unit to qualified refuelers 
     for the installation of natural gas refueling property placed 
     in service between 2011 and 2015; and
       (2) grants in amounts determined to be appropriate by the 
     Secretary to qualified manufacturers for research, 
     development, and demonstration projects on engines with 
     reduced emissions, improved performance, and lower cost.
       (c) Cost Sharing.--Grants under this section shall be 
     subject to the cost-sharing requirements of section 988 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16352).
       (d) Monitoring.--The Secretary shall--
       (1) require regular reporting of such information as the 
     Secretary considers necessary to effectively administer the 
     program from grant recipients under this section; and
       (2) conduct on-site and off-site monitoring to ensure 
     compliance with grant terms.
       (e) Funding.--
       (1) In general.--On October 1, 2010, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury

[[Page S6422]]

     shall transfer to the Secretary to carry out this section 
     $500,000,000, to remain available until expended.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation. 

     SEC. 2005. LOAN PROGRAM TO ENHANCE DOMESTIC MANUFACTURING.

       (a) Interim Final Rule.--Not later than 60 days after the 
     date of enactment of this Act, the Secretary shall promulgate 
     an interim final rule establishing a direct loan program to 
     provide loans to qualified manufacturers to pay not more than 
     80 percent of the cost of reequipping, expanding, or 
     establishing a facility in the United States that will be 
     used for the purpose of producing any new qualified 
     alternative fuel motor vehicle or any eligible component.
       (b) Overall Commitment Limit.--Commitments for direct loans 
     under this section shall not exceed $2,000,000,000 in total 
     loan principal.
       (c) Cost of Direct Loans.--The cost of direct loans under 
     this section (including the cost of modifying the loans) 
     shall be determined in accordance with section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
       (d) Additional Financial and Technical Personnel.--Section 
     621(d) of the Department of Energy Organization Act (42 
     U.S.C. 7231(d)) is amended by striking ``two hundred'' and 
     inserting ``250''.
       (e) Funding.--
       (1) In general.--Notwithstanding any other provision of 
     law, on October 1, 2010, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary for the cost of loans to carry out 
     this section $200,000,000, to remain available until 
     expended.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation.

                 TITLE XXI--PROMOTING ELECTRIC VEHICLES

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Promoting Electric 
     Vehicles Act of 2010''.

     SEC. 2102. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Charging infrastructure.--The term ``charging 
     infrastructure'' means any property (not including a 
     building) if the property is used for the recharging of plug-
     in electric drive vehicles, including electrical panel 
     upgrades, wiring, conduit, trenching, pedestals, and related 
     equipment.
       (3) Committee.--The term ``Committee'' means the Plug-in 
     Electric Drive Vehicle Technical Advisory Committee 
     established by section 2134.
       (4) Deployment community.--The term ``deployment 
     community'' means a community selected by the Secretary to be 
     part of the targeted plug-in electric drive vehicles 
     deployment communities program under section 2116.
       (5) Electric utility.--The term ``electric utility'' has 
     the meaning given the term in section 3 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2602).
       (6) Federal-aid system of highways.--The term ``Federal-aid 
     system of highways'' means a highway system described in 
     section 103 of title 23, United States Code.
       (7) Plug-in electric drive vehicle.--
       (A) In general.--The term ``plug-in electric drive 
     vehicle'' has the meaning given the term in section 131(a)(5) 
     of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17011(a)(5)).
       (B) Inclusions.--The term ``plug-in electric drive 
     vehicle'' includes--
       (i) low speed plug-in electric drive vehicles that meet the 
     Federal Motor Vehicle Safety Standards described in section 
     571.500 of title 49, Code of Federal Regulations (or 
     successor regulations); and
       (ii) any other electric drive motor vehicle that can be 
     recharged from an external source of motive power and that is 
     authorized to travel on the Federal-aid system of highways.
       (8) Prize.--The term ``Prize'' means the Advanced Batteries 
     for Tomorrow Prize established by section 2122.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) Task force.--The term ``Task Force'' means the Plug-in 
     Electric Drive Vehicle Interagency Task Force established by 
     section 2135.

Subtitle A--National Plug-in Electric Drive Vehicle Deployment Program.

     SEC. 2111. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT 
                   PROGRAM.

       (a) In General.--There is established within the Department 
     of Energy a national plug-in electric drive vehicle 
     deployment program for the purpose of assisting in the 
     deployment of plug-in electric drive vehicles.
       (b) Goals.--The goals of the national program described in 
     subsection (a) include--
       (1) the reduction and displacement of petroleum use by 
     accelerating the deployment of plug-in electric drive 
     vehicles in the United States;
       (2) the reduction of greenhouse gas emissions by 
     accelerating the deployment of plug-in electric drive 
     vehicles in the United States;
       (3) the facilitation of the rapid deployment of plug-in 
     electric drive vehicles;
       (4) the achievement of significant market penetrations by 
     plug-in electric drive vehicles nationally;
       (5) the establishment of models for the rapid deployment of 
     plug-in electric drive vehicles nationally, including models 
     for the deployment of residential, private, and publicly 
     available charging infrastructure;
       (6) the increase of consumer knowledge and acceptance of 
     plug-in electric drive vehicles;
       (7) the encouragement of the innovation and investment 
     necessary to achieve mass market deployment of plug-in 
     electric drive vehicles;
       (8) the facilitation of the integration of plug-in electric 
     drive vehicles into electricity distribution systems and the 
     larger electric grid while maintaining grid system 
     performance and reliability;
       (9) the provision of technical assistance to communities 
     across the United States to prepare for plug-in electric 
     drive vehicles; and
       (10) the support of workforce training across the United 
     States relating to plug-in electric drive vehicles.
       (c) Duties.--In carrying out this subtitle, the Secretary 
     shall--
       (1) provide technical assistance to State, local, and 
     tribal governments that want to create deployment programs 
     for plug-in electric drive vehicles in the communities over 
     which the governments have jurisdiction;
       (2) perform national assessments of the potential 
     deployment of plug-in electric drive vehicles under section 
     2112;
       (3) synthesize and disseminate data from the deployment of 
     plug-in electric drive vehicles;
       (4) develop best practices for the successful deployment of 
     plug-in electric drive vehicles;
       (5) carry out workforce training under section 2114;
       (6) establish the targeted plug-in electric drive vehicle 
     deployment communities program under section 2116; and
       (7) in conjunction with the Task Force, make 
     recommendations to Congress and the President on methods to 
     reduce the barriers to plug-in electric drive vehicle 
     deployment.
       (d) Report.--Not later than 18 months after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on the progress made in implementing the 
     national program described in subsection (a) that includes--
       (1) a description of the progress made by--
       (A) the technical assistance program under section 2113; 
     and
       (B) the workforce training program under section 2114; and
       (2) any updated recommendations of the Secretary for 
     changes in Federal programs to promote the purposes of this 
     subtitle.
       (e) National Information Clearinghouse.--The Secretary 
     shall make available to the public, in a timely manner, 
     information regarding--
       (1) the cost, performance, usage data, and technical data 
     regarding plug-in electric drive vehicles and associated 
     infrastructure, including information from the deployment 
     communities established under section 2116; and
       (2) any other educational information that the Secretary 
     determines to be appropriate.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out sections 2111 through 2113 
     $100,000,000 for the period of fiscal years 2011 through 
     2016.

     SEC. 2112. NATIONAL ASSESSMENT AND PLAN.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall carry out a 
     national assessment and develop a national plan for plug-in 
     electric drive vehicle deployment that includes--
       (1) an assessment of the maximum feasible deployment of 
     plug-in electric drive vehicles by 2020 and 2030;
       (2) the establishment of national goals for market 
     penetration of plug-in electric drive vehicles by 2020 and 
     2030;
       (3) a plan for integrating the successes and barriers to 
     deployment identified by the deployment communities program 
     established under section 2116 to prepare communities across 
     the Nation for the rapid deployment of plug-in electric drive 
     vehicles;
       (4) a plan for providing technical assistance to 
     communities across the United States to prepare for plug-in 
     electric drive vehicle deployment;
       (5) a plan for quantifying the reduction in petroleum 
     consumption and the net impact on greenhouse gas emissions 
     due to the deployment of plug-in electric drive vehicles; and
       (6) in consultation with the Task Force, any 
     recommendations to the President and to Congress for changes 
     in Federal programs (including laws, regulations, and 
     guidelines)--
       (A) to better promote the deployment of plug-in electric 
     drive vehicles; and
       (B) to reduce barriers to the deployment of plug-in 
     electric drive vehicles.
       (b) Updates.--Not later than 2 years after the date of 
     development of the plan described in subsection (a), and not 
     less frequently than once every 2 years thereafter, the 
     Secretary shall use market data and information from the 
     targeted plug-in electric drive vehicle deployment 
     communities program established under section 2116 and other 
     relevant data to update the plan to reflect real world market 
     conditions.

[[Page S6423]]

     SEC. 2113. TECHNICAL ASSISTANCE.

       (a) Technical Assistance to State, Local, and Tribal 
     Governments.--
       (1) In general.--In carrying out this subtitle, the 
     Secretary shall provide, at the request of the Governor, 
     Mayor, county executive, or the designee of such an official, 
     technical assistance to State, local, and tribal governments 
     to assist with the deployment of plug-in electric drive 
     vehicles.
       (2) Requirements.--The technical assistance described in 
     paragraph (1) shall include--
       (A) training on codes and standards for building and safety 
     inspectors;
       (B) training on best practices for expediting permits and 
     inspections;
       (C) education and outreach on frequently asked questions 
     relating to the various types of plug-in electric drive 
     vehicles and associated infrastructure, battery technology, 
     and disposal; and
       (D) the dissemination of information regarding best 
     practices for the deployment of plug-in electric drive 
     vehicles.
       (3) Priority.--In providing technical assistance under this 
     subsection, the Secretary shall give priority to--
       (A) communities that have established public and private 
     partnerships, including partnerships comprised of--
       (i) elected and appointed officials from each of the 
     participating State, local, and tribal governments;
       (ii) relevant generators and distributors of electricity;
       (iii) public utility commissions;
       (iv) departments of public works and transportation;
       (v) owners and operators of property that will be essential 
     to the deployment of a sufficient level of publicly available 
     charging infrastructure (including privately owned parking 
     lots or structures and commercial entities with public access 
     locations);
       (vi) plug-in electric drive vehicle manufacturers or 
     retailers;
       (vii) third-party providers of charging infrastructure or 
     services;
       (viii) owners of any major fleet that will participate in 
     the program;
       (ix) as appropriate, owners and operators of regional 
     electric power distribution and transmission facilities; and
       (x) other existing community coalitions recognized by the 
     Department of Energy;
       (B) communities that, as determined by the Secretary, have 
     best demonstrated that the public is likely to embrace plug-
     in electric drive vehicles, giving particular consideration 
     to communities that--
       (i) have documented waiting lists to purchase plug-in 
     electric drive vehicles;
       (ii) have developed projections of the quantity of plug-in 
     electric drive vehicles supplied to dealers; and
       (iii) have assessed the quantity of charging infrastructure 
     installed or for which permits have been issued;
       (C) communities that have shown a commitment to serving 
     diverse consumer charging infrastructure needs, including the 
     charging infrastructure needs for single- and multi-family 
     housing and public and privately owned commercial 
     infrastructure; and
       (D) communities that have established regulatory and 
     educational efforts to facilitate consumer acceptance of 
     plug-in electric drive vehicles, including by--
       (i) adopting (or being in the process of adopting) 
     streamlined permitting and inspections processes for 
     residential charging infrastructure; and
       (ii) providing customer informational resources, including 
     providing plug-in electric drive information on community or 
     other websites.
       (4) Best practices.--The Secretary shall collect and 
     disseminate information to State, local, and tribal 
     governments creating plans to deploy plug-in electric drive 
     vehicles on best practices (including codes and standards) 
     that uses data from--
       (A) the program established by section 2116;
       (B) the activities carried out by the Task Force; and
       (C) existing academic and industry studies of the factors 
     that contribute to the successful deployment of new 
     technologies, particularly studies relating to alternative 
     fueled vehicles.
       (5) Grants.--
       (A) In general.--The Secretary shall establish a program to 
     provide grants to State, local, and tribal governments or to 
     partnerships of government and private entities to assist the 
     governments and partnerships--
       (i) in preparing a community deployment plan under section 
     2116; and
       (ii) in preparing and implementing programs that support 
     the deployment of plug-in electric drive vehicles.
       (B) Application.--A State, local, or tribal government that 
     seeks to receive a grant under this paragraph shall submit to 
     the Secretary an application for the grant at such time, in 
     such form, and containing such information as the Secretary 
     may prescribe.
       (C) Use of funds.--A State, local, or tribal government 
     receiving a grant under this paragraph shall use the funds--
       (i) to develop a community deployment plan that shall be 
     submitted to the next available competition under section 
     2116; and
       (ii) to carry out activities that encourage the deployment 
     of plug-in electric drive vehicles including--

       (I) planning for and installing charging infrastructure, 
     particularly to develop and demonstrate diverse and cost-
     effective planning, installation, and operations options for 
     deployment of single family and multifamily residential, 
     workplace, and publicly available charging infrastructure;
       (II) updating building, zoning, or parking codes and 
     permitting or inspection processes;
       (III) workforce training, including the training of 
     permitting officials;
       (IV) public education described in the proposed marketing 
     plan;
       (V) shifting State, local, or tribal government fleets to 
     plug-in electric drive vehicles, at a rate in excess of the 
     existing alternative fueled fleet vehicles acquisition 
     requirements for Federal fleets under section 303(b)(1)(D) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
       (VI) any other activities, as determined to be necessary by 
     the Secretary.

       (D) Criteria.--The Secretary shall develop and publish 
     criteria for the selection of technical assistance grants, 
     including requirements for the submission of applications 
     under this paragraph.
       (E) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this paragraph.
       (b) Updating Model Building Codes, Permitting and 
     Inspection Processes, and Zoning or Parking Rules.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the American Society of Heating, Refrigerating and Air-
     Conditioning Engineers, the International Code Council, and 
     any other organizations that the Secretary determines to be 
     appropriate, shall develop and publish guidance for--
       (A) model building codes for the inclusion of separate 
     circuits for charging infrastructure, as appropriate, in new 
     construction and major renovations of private residences, 
     buildings, or other structures that could provide publicly 
     available charging infrastructure;
       (B) model construction permitting or inspection processes 
     that allow for the expedited installation of charging 
     infrastructure for purchasers of plug-in electric drive 
     vehicles (including a permitting process that allows a 
     vehicle purchaser to have charging infrastructure installed 
     not later than 1 week after a request); and
       (C) model zoning, parking rules, or other local ordinances 
     that--
       (i) facilitate the installation of publicly available 
     charging infrastructure, including commercial entities that 
     provide public access to infrastructure; and
       (ii) allow for access to publicly available charging 
     infrastructure.
       (2) Optional adoption.--An applicant for selection for 
     technical assistance under this section or as a deployment 
     community under section 2116 shall not be required to use the 
     model building codes, permitting and inspection processes, or 
     zoning, parking rules, or other ordinances included in the 
     report under paragraph (1).
       (3) Smart grid integration.--In developing the model codes 
     or ordinances described in paragraph (1), the Secretary shall 
     consider smart grid integration.

     SEC. 2114. WORKFORCE TRAINING.

       (a) Maintenance and Support.--
       (1) In general.--The Secretary, in consultation with the 
     Committee and the Task Force, shall award grants to 
     institutions of higher education and other qualified training 
     and education institutions for the establishment of programs 
     to provide training and education for vocational workforce 
     development through centers of excellence.
       (2) Purpose.--Training funded under this subsection shall 
     be intended to ensure that the workforce has the necessary 
     skills needed to work on and maintain plug-in electric drive 
     vehicles and the infrastructure required to support plug-in 
     electric drive vehicles.
       (3) Scope.--Training funded under this subsection shall 
     include training for--
       (A) first responders;
       (B) electricians and contractors who will be installing 
     infrastructure;
       (C) engineers;
       (D) code inspection officials; and
       (E) dealers and mechanics.
       (b) Design.--The Secretary shall award grants to 
     institutions of higher education and other qualified training 
     and education institutions for the establishment of programs 
     to provide training and education in designing plug-in 
     electric drive vehicles and associated components and 
     infrastructure to ensure that the United States can lead the 
     world in this field.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000.

     SEC. 2115. FEDERAL FLEETS.

       (a) In General.--Electricity consumed by Federal agencies 
     to fuel plug-in electric drive vehicles--
       (1) is an alternative fuel (as defined in section 301 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13218)); and
       (2) shall be accounted for under Federal fleet management 
     reporting requirements, not under Federal building management 
     reporting requirements.
       (b) Assessment and Report.--Not later than 180 days after 
     the date of enactment of this Act and every 3 years 
     thereafter, the Federal Energy Management Program and the 
     General Services Administration, in consultation with the 
     Task Force, shall complete an assessment of Federal 
     Government fleets, including the Postal Service and the

[[Page S6424]]

     Department of Defense, and submit a report to Congress that 
     describes--
       (1) for each Federal agency, which types of vehicles the 
     agency uses that would or would not be suitable for near-term 
     and medium-term conversion to plug-in electric drive 
     vehicles, taking into account the types of vehicles for which 
     plug-in electric drive vehicles could provide comparable 
     functionality and lifecycle costs;
       (2) how many plug-in electric drive vehicles could be 
     deployed by the Federal Government in 5 years and in 10 
     years, assuming that plug-in electric drive vehicles are 
     available and are purchased when new vehicles are needed or 
     existing vehicles are replaced;
       (3) the estimated cost to the Federal Government for 
     vehicle purchases under paragraph (2); and
       (4) a description of any updates to the assessment based on 
     new market data.
       (c) Inventory and Data Collection.--
       (1) In general.--In carrying out the assessment and report 
     under subsection (b), the Federal Energy Management Program, 
     in consultation with the General Services Administration, 
     shall--
       (A) develop an information request for each agency that 
     operates a fleet of at least 20 motor vehicles; and
       (B) establish guidelines for each agency to use in 
     developing a plan to deploy plug-in electric drive vehicles.
       (2) Agency responses.--Each agency that operates a fleet of 
     at least 20 motor vehicles shall--
       (A) collect information on the vehicle fleet of the agency 
     in response to the information request described in paragraph 
     (1); and
       (B) develop a plan to deploy plug-in electric drive 
     vehicles.
       (3) Analysis of responses.--The Federal Energy Management 
     Program shall--
       (A) analyze the information submitted by each agency under 
     paragraph (2);
       (B) approve or suggest amendments to the plan of each 
     agency to ensure that the plan is consistent with the goals 
     and requirements of this title; and
       (C) submit a plan to Congress and the General Services 
     Administration to be used in developing the pilot program 
     described in subsection (e).
       (d) Budget Request.--Each agency of the Federal Government 
     shall include plug-in electric drive vehicle purchases 
     identified in the report under subsection (b) in the budget 
     of the agency to be included in the budget of the United 
     States Government submitted by the President under section 
     1105 of title 31, United States Code.
       (e) Pilot Program To Deploy Plug-In Electric Drive Vehicles 
     in the Federal Fleet.--
       (1) Program.--
       (A) In general.--The Administrator of General Services 
     shall acquire plug-in electric drive vehicles and the 
     requisite charging infrastructure to be deployed in a range 
     of locations in Federal Government fleets, which may include 
     the United States Postal Service and the Department of 
     Defense, during the 5-year period beginning on the date of 
     enactment of this Act.
       (B) Expenditures.--To the maximum extent practicable, 
     expenditures under this paragraph should make a contribution 
     to the advancement of manufacturing of electric drive 
     components and vehicles in the United States.
       (2) Data collection.--The Administrator of General Services 
     shall collect data regarding--
       (A) the cost, performance, and use of plug-in electric 
     drive vehicles in the Federal fleet;
       (B) the deployment and integration of plug-in electric 
     drive vehicles in the Federal fleet; and
       (C) the contribution of plug-in electric drive vehicles in 
     the Federal fleet toward reducing the use of fossil fuels and 
     greenhouse gas emissions.
       (3) Report.--Not later than 6 years after the date of 
     enactment of this Act, the Administrator of General Services 
     shall submit to the appropriate committees of Congress a 
     report that--
       (A) describes the status of plug-in electric drive vehicles 
     in the Federal fleet; and
       (B) includes an analysis of the data collected under this 
     subsection.
       (4) Public web site.--The Federal Energy Management Program 
     shall maintain and regularly update a publicly available Web 
     site that provides information on the status of plug-in 
     electric drive vehicles in the Federal fleet.
       (f) Acquisition Priority.--Section 507(g) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13257(g)) is amended by adding 
     at the end the following:
       ``(5) Priority.--The Secretary shall, to the maximum extent 
     practicable, prioritize the acquisition of plug-in electric 
     drive vehicles (as defined in section 131(a) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17011(a)) 
     over nonelectric alternative fueled vehicles.''.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated for use by the Federal Government in 
     paying incremental costs to purchase or lease plug-in 
     electric drive vehicles and the requisite charging 
     infrastructure for Federal fleets $25,000,000.

     SEC. 2116. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT 
                   COMMUNITIES PROGRAM.

       (a) Establishment.--
       (1) In general.--There is established within the national 
     plug-in electric drive deployment program established under 
     section 2111 a targeted plug-in electric drive vehicle 
     deployment communities program (referred to in this section 
     as the ``Program'').
       (2) Existing activities.--In carrying out the Program, the 
     Secretary shall coordinate and supplement, not supplant, any 
     ongoing plug-in electric drive deployment activities under 
     section 131 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17011).
       (3) Phase 1.--
       (A) In general.--The Secretary shall establish a 
     competitive process to select phase 1 deployment communities 
     for the Program.
       (B) Eligible entities.--In selecting participants for the 
     Program under paragraph (1), the Secretary shall only 
     consider applications submitted by State, tribal, or local 
     government entities (or groups of State, tribal, or local 
     government entities).
       (C) Selection.--Not later than 1 year after the date of 
     enactment of this Act and not later than 1 year after the 
     date on which any subsequent amounts are appropriated for the 
     Program, the Secretary shall select the phase 1 deployment 
     communities under this paragraph.
       (D) Termination.--Phase 1 of the Program shall be carried 
     out for a 3-year period beginning on the date funding under 
     this title is first provided to the deployment community.
       (4) Phase 2.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that analyzes the lessons learned in phase I and, 
     if, based on the phase I analysis, the Secretary determines 
     that a phase II program is warranted, makes recommendations 
     and describes a plan for phase II, including--
       (A) recommendations regarding--
       (i) options for the number of additional deployment 
     communities that should be selected;
       (ii) the manner in which criteria for selection should be 
     updated;
       (iii) the manner in which incentive structures for phase 2 
     deployment should be changed; and
       (iv) whether other forms of onboard energy storage for 
     electric drive vehicles, such as fuel cells, should be 
     included in phase 2; and
       (B) a request for appropriations to implement phase 2 of 
     the Program.
       (b) Goals.--The goals of the Program are--
       (1) to facilitate the rapid deployment of plug-in electric 
     drive vehicles, including--
       (A) the deployment of 400,000 plug-in electric drive 
     vehicles in phase 1 in the deployment communities selected 
     under paragraph (2);
       (B) the near-term achievement of significant market 
     penetration in deployment communities; and
       (C) supporting the achievement of significant market 
     penetration nationally;
       (2) to establish models for the rapid deployment of plug-in 
     electric drive vehicles nationally, including for the 
     deployment of single-family and multifamily residential, 
     workplace, and publicly available charging infrastructure;
       (3) to increase consumer knowledge and acceptance of, and 
     exposure to, plug-in electric drive vehicles;
       (4) to encourage the innovation and investment necessary to 
     achieve mass market deployment of plug-in electric drive 
     vehicles;
       (5) to demonstrate the integration of plug-in electric 
     drive vehicles into electricity distribution systems and the 
     larger electric grid while maintaining or improving grid 
     system performance and reliability;
       (6) to demonstrate protocols and communication standards 
     that facilitate vehicle integration into the grid and provide 
     seamless charging for consumers traveling through multiple 
     utility distribution systems;
       (7) to investigate differences among deployment communities 
     and to develop best practices for implementing vehicle 
     electrification in various communities, including best 
     practices for planning for and facilitating the construction 
     of residential, workplace, and publicly available 
     infrastructure to support plug-in electric drive vehicles;
       (8) to collect comprehensive data on the purchase and use 
     of plug-in electric drive vehicles, including charging 
     profile data at unit and aggregate levels, to inform best 
     practices for rapidly deploying plug-in electric drive 
     vehicles in other locations, including for the installation 
     of charging infrastructure;
       (9) to reduce and displace petroleum use and reduce 
     greenhouse gas emissions by accelerating the deployment of 
     plug-in electric drive vehicles in the United States; and
       (10) to increase domestic manufacturing capacity and 
     commercialization in a manner that will establish the United 
     States as a world leader in plug-in electric drive vehicle 
     technologies.
       (c) Phase 1 Deployment Community Selection Criteria.--
       (1) In general.--The Secretary shall ensure, to the maximum 
     extent practicable, that selected deployment communities in 
     phase 1 serve as models of deployment for various communities 
     across the United States.
       (2) Selection.--In selecting communities under this 
     section, the Secretary--
       (A) shall ensure, to the maximum extent practicable, that--
       (i) the combination of selected communities is diverse in 
     population density, demographics, urban and suburban 
     composition, typical commuting patterns, climate, and type of 
     utility (including investor-owned, publicly-owned, 
     cooperatively-owned, distribution-only, and vertically 
     integrated utilities);

[[Page S6425]]

       (ii) the combination of selected communities is diverse in 
     geographic distribution, and at least 1 deployment community 
     is located in each Petroleum Administration for Defense 
     District;
       (iii) at least 1 community selected has a population of 
     less than 125,000;
       (iv) grants are of a sufficient amount such that each 
     deployment community will achieve significant market 
     penetration; and
       (v) the deployment communities are representative of other 
     communities across the United States;
       (B) is encouraged to select a combination of deployment 
     communities that includes multiple models or approaches for 
     deploying plug-in electric drive vehicles that the Secretary 
     believes are reasonably likely to be effective, including 
     multiple approaches to the deployment of charging 
     infrastructure;
       (C) in addition to the criteria described in subparagraph 
     (A), may give preference to applicants proposing a greater 
     non-Federal cost share; and
       (D) when considering deployment community plans, shall take 
     into account previous Department of Energy and other Federal 
     investments to ensure that the maximum domestic benefit from 
     Federal investments is realized.
       (3) Criteria.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, and not later than 90 days after the 
     date on which any subsequent amounts are appropriated for the 
     Program, the Secretary shall publish criteria for the 
     selection of deployment communities that include requirements 
     that applications be submitted by a State, tribal, or local 
     government entity (or groups of State, tribal, or local 
     government entities).
       (B) Application requirements.--The criteria published by 
     the Secretary under subparagraph (A) shall include 
     application requirements that, at a minimum, include--
       (i) goals for--

       (I) the number of plug-in electric drive vehicles to be 
     deployed in the community;
       (II) the expected percentage of light-duty vehicle sales 
     that would be sales of plug-in electric drive vehicles; and
       (III) the adoption of plug-in electric drive vehicles 
     (including medium- or heavy-duty vehicles) in private and 
     public fleets during the 3-year duration of the Program;

       (ii) data that demonstrate that--

       (I) the public is likely to embrace plug-in electric drive 
     vehicles, which may include--

       (aa) the quantity of plug-in electric drive vehicles 
     purchased;
       (bb) the number of individuals on a waiting list to 
     purchase a plug-in electric drive vehicle;
       (cc) projections of the quantity of plug-in electric drive 
     vehicles supplied to dealers; and
       (dd) any assessment of the quantity of charging 
     infrastructure installed or for which permits have been 
     issued; and

       (II) automobile manufacturers and dealers will be able to 
     provide and service the targeted number of plug-in electric 
     drive vehicles in the community for the duration of the 
     program;

       (iii) clearly defined geographic boundaries of the proposed 
     deployment area;
       (iv) a community deployment plan for the deployment of 
     plug-in electric drive vehicles, charging infrastructure, and 
     services in the deployment community;
       (v) assurances that a majority of the vehicle deployments 
     anticipated in the plan will be personal vehicles authorized 
     to travel on the United States Federal-aid system of 
     highways, and secondarily, private or public sector plug-in 
     electric drive fleet vehicles, but may also include--

       (I) medium- and heavy-duty plug-in hybrid vehicles;
       (II) low speed plug-in electric drive vehicles that meet 
     Federal Motor Vehicle Safety Standards described in section 
     571.500 of title 49, Code of Federal Regulations; and
       (III) any other plug-in electric drive vehicle authorized 
     to travel on the United States Federal-aid system of 
     highways; and

       (vi) any other merit-based criteria, as determined by the 
     Secretary.
       (4) Community deployment plans.--Plans for the deployment 
     of plug-in electric drive vehicles shall include--
       (A) a proposed level of cost sharing in accordance with 
     subsection (d)(2)(C);
       (B) documentation demonstrating a substantial partnership 
     with relevant stakeholders, including--
       (i) a list of stakeholders that includes--

       (I) elected and appointed officials from each of the 
     participating State, local, and tribal governments;
       (II) all relevant generators and distributors of 
     electricity;
       (III) State utility regulatory authorities;
       (IV) departments of public works and transportation;
       (V) owners and operators of property that will be essential 
     to the deployment of a sufficient level of publicly available 
     charging infrastructure (including privately owned parking 
     lots or structures and commercial entities with public access 
     locations);
       (VI) plug-in electric drive vehicle manufacturers or 
     retailers;
       (VII) third-party providers of residential, workplace, 
     private, and publicly available charging infrastructure or 
     services;
       (VIII) owners of any major fleet that will participate in 
     the program;
       (IX) as appropriate, owners and operators of regional 
     electric power distribution and transmission facilities; and
       (X) as appropriate, other existing community coalitions 
     recognized by the Department of Energy;

       (ii) evidence of the commitment of the stakeholders to 
     participate in the partnership;
       (iii) a clear description of the role and responsibilities 
     of each stakeholder; and
       (iv) a plan for continuing the engagement and participation 
     of the stakeholders, as appropriate, throughout the 
     implementation of the deployment plan;
       (C) a description of the number of plug-in electric drive 
     vehicles anticipated to be plug-in electric drive personal 
     vehicles and the number of plug-in electric drive vehicles 
     anticipated to be privately owned fleet or public fleet 
     vehicles;
       (D) a plan for deploying residential, workplace, private, 
     and publicly available charging infrastructure, including--
       (i) an assessment of the number of consumers who will have 
     access to private residential charging infrastructure in 
     single-family or multifamily residences;
       (ii) options for accommodating plug-in electric drive 
     vehicle owners who are not able to charge vehicles at their 
     place of residence;
       (iii) an assessment of the number of consumers who will 
     have access to workplace charging infrastructure;
       (iv) a plan for ensuring that the charging infrastructure 
     or plug-in electric drive vehicle be able to send and receive 
     the information needed to interact with the grid and be 
     compatible with smart grid technologies to the extent 
     feasible;
       (v) an estimate of the number and dispersion of publicly 
     and privately owned charging stations that will be publicly 
     or commercially available;
       (vi) an estimate of the quantity of charging infrastructure 
     that will be privately funded or located on private property; 
     and
       (vii) a description of equipment to be deployed, including 
     assurances that, to the maximum extent practicable, equipment 
     to be deployed will meet open, nonproprietary standards for 
     connecting to plug-in electric drive vehicles that are 
     either--

       (I) commonly accepted by industry at the time the equipment 
     is being acquired; or
       (II) meet the standards developed by the Director of the 
     National Institute of Standards and Technology under section 
     1305 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17385);

       (E) a plan for effective marketing of and consumer 
     education relating to plug-in electric drive vehicles, 
     charging services, and infrastructure;
       (F) descriptions of updated building codes (or a plan to 
     update building codes before or during the grant period) to 
     include charging infrastructure or dedicated circuits for 
     charging infrastructure, as appropriate, in new construction 
     and major renovations;
       (G) descriptions of updated construction permitting or 
     inspection processes (or a plan to update construction 
     permitting or inspection processes) to allow for expedited 
     installation of charging infrastructure for purchasers of 
     plug-in electric drive vehicles, including a permitting 
     process that allows a vehicle purchaser to have charging 
     infrastructure installed in a timely manner;
       (H) descriptions of updated zoning, parking rules, or other 
     local ordinances as are necessary to facilitate the 
     installation of publicly available charging infrastructure 
     and to allow for access to publicly available charging 
     infrastructure, as appropriate;
       (I) a plan to ensure that each resident in a deployment 
     community who purchases and registers a new plug-in electric 
     drive vehicle throughout the duration of the deployment 
     community receives, in addition to any Federal incentives, 
     consumer benefits that may include--
       (i) a rebate of part of the purchase price of the vehicle;
       (ii) reductions in sales taxes or registration fees;
       (iii) rebates or reductions in the costs of permitting, 
     purchasing, or installing home plug-in electric drive vehicle 
     charging infrastructure; and
       (iv) rebates or reductions in State or local toll road 
     access charges;
       (J) additional consumer benefits, such as preferred parking 
     spaces or single-rider access to high-occupancy vehicle lanes 
     for plug-in electric drive vehicles;
       (K) a proposed plan for making necessary utility and grid 
     upgrades, including economically sound and cybersecure 
     information technology upgrades and employee training, and a 
     plan for recovering the cost of the upgrades;
       (L) a description of utility, grid operator, or third-party 
     charging service provider, policies and plans for 
     accommodating the deployment of plug-in electric drive 
     vehicles, including--
       (i) rate structures or provisions and billing protocols for 
     the charging of plug-in electric drive vehicles;
       (ii) analysis of potential impacts to the grid;
       (iii) plans for using information technology or third-party 
     aggregators--

       (I) to minimize the effects of charging on peak loads;
       (II) to enhance reliability; and
       (III) to provide other grid benefits;

       (iv) plans for working with smart grid technologies or 
     third-party aggregators for the purposes of smart charging 
     and for allowing 2-way communication;

[[Page S6426]]

       (M) a deployment timeline;
       (N) a plan for monitoring and evaluating the implementation 
     of the plan, including metrics for assessing the success of 
     the deployment and an approach to updating the plan, as 
     appropriate; and
       (O) a description of the manner in which any grant funds 
     applied for under subsection (d) will be used and the 
     proposed local cost share for the funds.
       (d) Phase 1 Applications and Grants.--
       (1) Applications.--
       (A) In general.--Not later than 150 days after the date of 
     publication by the Secretary of selection criteria described 
     in subsection (c)(3), any State, tribal, or local government, 
     or group of State, tribal, or local governments may apply to 
     the Secretary to become a deployment community.
       (B) Joint sponsorship.--
       (i) In general.--An application submitted under 
     subparagraph (A) may be jointly sponsored by electric 
     utilities, automobile manufacturers, technology providers, 
     carsharing companies or organizations, third-party plug-in 
     electric drive vehicle service providers, or other 
     appropriated entities.
       (ii) Disbursement of grants.--A grant provided under this 
     subsection shall only be disbursed to a State, tribal, or 
     local government, or group of State, tribal, or local 
     governments, regardless of whether the application is jointly 
     sponsored under clause (i).
       (2) Grants.--
       (A) In general.--In each application, the applicant may 
     request up to $100,000,000 in financial assistance from the 
     Secretary to fund projects in the deployment community.
       (B) Use of funds.--Funds provided through a grant under 
     this paragraph may be used to help implement the plan for the 
     deployment of plug-in electric drive vehicles included in the 
     application, including--
       (i) planning for and installing charging infrastructure, 
     including offering additional incentives as described in 
     subsection (c)(4)(I);
       (ii) updating building codes, zoning or parking rules, or 
     permitting or inspection processes as described in 
     subparagraphs (F), (G), and (H) of subsection (c)(4);
       (iii) reducing the cost and increasing the consumer 
     adoption of plug-in electric drive vehicles through 
     incentives as described in subsection (c)(4)(I);
       (iv) workforce training, including training of permitting 
     officials;
       (v) public education and marketing described in the 
     proposed marketing plan;
       (vi) shifting State, tribal, or local government fleets to 
     plug-in electric drive vehicles, at a rate in excess of the 
     existing alternative fueled fleet vehicle acquisition 
     requirements for Federal fleets under section 303(b)(1)(D) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)(D)); and
       (vii) necessary utility and grid upgrades as described in 
     subsection (c)(4)(K).
       (C) Cost-sharing.--
       (i) In general.--A grant provided under this paragraph 
     shall be subject to a minimum non-Federal cost-sharing 
     requirement of 20 percent.
       (ii) Non-federal sources.--The Secretary shall--

       (I) determine the appropriate cost share for each selected 
     applicant; and
       (II) require that the Federal contribution to total 
     expenditures on activities described in clauses (ii), (iv), 
     (v), and (vi) of subparagraph (B) not exceed 30 percent.

       (iii) Reduction.--The Secretary may reduce or eliminate the 
     cost-sharing requirement described in clause (i), as the 
     Secretary determines to be necessary.
       (iv) Calculation of amount.--In calculating the amount of 
     the non-Federal share under this section, the Secretary--

       (I) may include allowable costs in accordance with the 
     applicable cost principles, including--

       (aa) cash;
       (bb) personnel costs;
       (cc) the value of a service, other resource, or third party 
     in-kind contribution determined in accordance with the 
     applicable circular of the Office of Management and Budget;
       (dd) indirect costs or facilities and administrative costs; 
     or
       (ee) any funds received under the power program of the 
     Tennessee Valley Authority or any Power Marketing 
     Administration (except to the extent that such funds are made 
     available under an annual appropriation Act);

       (II) shall include contributions made by State, tribal, or 
     local government entities and private entities; and
       (III) shall not include--

       (aa) revenues or royalties from the prospective operation 
     of an activity beyond the time considered in the grant;
       (bb) proceeds from the prospective sale of an asset of an 
     activity; or
       (cc) other appropriated Federal funds.
       (v) Repayment of federal share.--The Secretary shall not 
     require repayment of the Federal share of a cost-shared 
     activity under this section as a condition of providing a 
     grant.
       (vi) Title to property.--The Secretary may vest title or 
     other property interests acquired under projects funded under 
     this title in any entity, including the United States.
       (3) Selection.--Not later than 120 days after an 
     application deadline has been established under paragraph 
     (1), the Secretary shall announce the names of the deployment 
     communities selected under this subsection.
       (e) Reporting Requirements.--
       (1) In general.--The Secretary, in consultation with the 
     Committee, shall--
       (A) determine what data will be required to be collected by 
     participants in deployment communities and submitted to the 
     Department to allow for analysis of the deployment 
     communities;
       (B) provide for the protection of consumer privacy, as 
     appropriate; and
       (C) develop metrics to evaluate the performance of the 
     deployment communities.
       (2) Provision of data.--As a condition of participation in 
     the Program, a deployment community shall provide any data 
     identified by the Secretary under paragraph (1).
       (3) Reports.--Not later than 3 years after the date of 
     enactment of this Act and again after the completion of the 
     Program, the Secretary shall submit to Congress a report that 
     contains--
       (A) a description of the status of--
       (i) the deployment communities and the implementation of 
     the deployment plan of each deployment community;
       (ii) the rate of vehicle deployment and market penetration 
     of plug-in electric drive vehicles; and
       (iii) the deployment of residential and publicly available 
     infrastructure;
       (B) a description of the challenges experienced and lessons 
     learned from the program to date, including the activities 
     described in subparagraph (A); and
       (C) an analysis of the data collected under this 
     subsection.
       (f) Proprietary Information.--The Secretary shall, as 
     appropriate, provide for the protection of proprietary 
     information and intellectual property rights.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000,000.
       (h) Conforming Amendment.--Section 166(b)(5) of title 23, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``Before September 30, 
     2009, the State'' and inserting ``The State''; and
       (2) in subparagraph (B), by striking ``Before September 30, 
     2009, the State'' and inserting ``The State''.

     SEC. 2117. FUNDING.

       (a) Targeted Plug-in Electric Drive Vehicle Deployment 
     Communities Program.--
       (1) In general.--On October 1, 2010, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out section 
     2116 $400,000,000, to remain available until expended.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     section 2116 the funds transferred under paragraph (1), 
     without further appropriation.
       (b) Other Provisions.--
       (1) In general.--On October 1, 2010, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     subtitle (other than section 2116) $100,000,000, to remain 
     available until expended.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this subtitle (other than section 2116) the funds transferred 
     under paragraph (1), without further appropriation.

                  Subtitle B--Research and Development

     SEC. 2121. RESEARCH AND DEVELOPMENT PROGRAM.

       (a) Research and Development Program.--
       (1) In general.--The Secretary, in consultation with the 
     Committee, shall establish a program to fund research and 
     development in advanced batteries, plug-in electric drive 
     vehicle components, plug-in electric drive infrastructure, 
     and other technologies supporting the development, 
     manufacture, and deployment of plug-in electric drive 
     vehicles and charging infrastructure.
       (2) Use of funds.--The program may include funding for--
       (A) the development of low-cost, smart-charging and 
     vehicle-to-grid connectivity technology;
       (B) the benchmarking and assessment of open software 
     systems using nationally established evaluation criteria; and
       (C) new technologies in electricity storage or electric 
     drive components for vehicles.
       (3) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the status of the program described in 
     paragraph (1).
       (b) Secondary Use Applications Program.--
       (1) In general.--The Secretary, in consultation with the 
     Committee, shall carry out a research, development, and 
     demonstration program that builds upon any work carried out 
     under section 915 of the Energy Policy Act of 2005 (42 U.S.C. 
     16195) and--
       (A) identifies possible uses of a vehicle battery after the 
     useful life of the battery in a vehicle has been exhausted;
       (B) assesses the potential for markets for uses described 
     in subparagraph (A) to develop, as well as any barriers to 
     the development of the markets;
       (C) identifies the infrastructure, technology, and 
     equipment needed to manage the charging activity of the 
     batteries used in stationary sources; and
       (D) identifies the potential uses of a vehicle battery--
       (i) with the most promise for market development; and
       (ii) for which market development would be aided by a 
     demonstration project.

[[Page S6427]]

       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress an initial report on the 
     findings of the program described in paragraph (1), including 
     recommendations for stationary energy storage and other 
     potential applications for batteries used in plug-in electric 
     drive vehicles.
       (c) Secondary Use Demonstration Projects.--
       (1) In general.--Based on the results of the program 
     described in subsection (b), the Secretary, in consultation 
     with the Committee, shall develop guidelines for projects 
     that demonstrate the secondary uses of vehicle batteries.
       (2) Publication of guidelines.--Not later than 30 months 
     after the date of enactment of this Act, the Secretary 
     shall--
       (A) publish the guidelines described in paragraph (1); and
       (B) solicit applications for funding for demonstration 
     projects.
       (3) Grant program.--Not later than 38 months after the date 
     of enactment of this Act, the Secretary shall select 
     proposals for grant funding under this section, based on an 
     assessment of which proposals are mostly likely to contribute 
     to the development of a secondary market for batteries.
       (d) Materials Recycling Study.--
       (1) In general.--The Secretary, in consultation with the 
     Committee, shall carry out a study on the recycling of 
     materials from plug-in electric drive vehicles and the 
     batteries used in plug-in electric drive vehicles.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the study described in paragraph (1).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,535,000,000, 
     including--
       (1) $1,500,000,000 for use in conducting the program 
     described in subsection (a) for fiscal years 2011 through 
     2020;
       (2) $5,000,000 for use in conducting the program described 
     in subsection (b) for fiscal years 2011 through 2016;
       (3) $25,000,000 for use in providing grants described in 
     subsection (c) for fiscal years 2011 through 2020; and
       (4) $5,000,000 for use in conducting the study described in 
     subsection (d) for fiscal years 2011 through 2013.

     SEC. 2122. ADVANCED BATTERIES FOR TOMORROW PRIZE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, as part of the program described in 
     section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396), the Secretary shall establish the Advanced Batteries 
     for Tomorrow Prize to competitively award cash prizes in 
     accordance with this section to advance the research, 
     development, demonstration, and commercial application of a 
     500-mile vehicle battery.
       (b) Battery Specifications.--
       (1) In general.--To be eligible for the Prize, a battery 
     submitted by an entrant shall be--
       (A) able to power a plug-in electric drive vehicle 
     authorized to travel on the United States Federal-aid system 
     of highways for at least 500 miles before recharging;
       (B) of a size that would not be cost-prohibitive or create 
     space constraints, if mass-produced; and
       (C) cost-effective (measured in cost per kilowatt hour), if 
     mass-produced.
       (2) Additional requirements.--The Secretary, in 
     consultation with the Committee, shall establish any 
     additional battery specifications that the Secretary and the 
     Committee determine to be necessary.
       (c) Private Funds.--
       (1) In general.--Subject to paragraph (2) and 
     notwithstanding section 3302 of title 31, United States Code, 
     the Secretary may accept, retain, and use funds contributed 
     by any person, government entity, or organization for 
     purposes of carrying out this subsection--
       (A) without further appropriation; and
       (B) without fiscal year limitation.
       (2) Restriction on participation.--An entity providing 
     private funds for the Prize may not participate in the 
     competition for the Prize.
       (d) Technical Review.--The Secretary, in consultation with 
     the Committee, shall establish a technical review committee 
     composed of non-Federal officers to review data submitted by 
     Prize entrants under this section and determine whether the 
     data meets the prize specifications described in subsection 
     (b).
       (e) Third Party Administration.--The Secretary may select, 
     on a competitive basis, a third party to administer awards 
     provided under this section.
       (f) Eligibility.--To be eligible for an award under this 
     section--
       (1) in the case of a private entity, the entity shall be 
     incorporated in and maintain a primary place of business in 
     the United States; and
       (2) in the case of an individual (whether participating as 
     a single individual or in a group), the individual shall be a 
     citizen or lawful permanent resident of the United States.
       (g) Award Amounts.--
       (1) In general.--Subject to the availability of funds to 
     carry out this section, the amount of the Prize shall be 
     $10,000,000.
       (2) Breakthrough achievement awards.--In addition to the 
     award described in paragraph (1), the Secretary, in 
     consultation with the technical review committee established 
     under subsection (d), may award cash prizes, in amounts 
     determined by the Secretary, in recognition of breakthrough 
     achievements in research, development, demonstration, and 
     commercial application of--
       (A) activities described in subsection (b); or
       (B) advances in battery durability, energy density, and 
     power density.
       (h) 500-Mile Battery Award Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``500-mile 
     Battery Fund'' (referred to in this section as the ``Fund''), 
     to be administered by the Secretary, to be available without 
     fiscal year limitation and subject to appropriation, to award 
     amounts under this section.
       (2) Transfers to fund.--The Fund shall consist of--
       (A) such amounts as are appropriated to the Fund under 
     subsection (i); and
       (B) such amounts as are described in subsection (c) and 
     that are provided for the Fund.
       (3) Prohibition.--Amounts in the Fund may not be made 
     available for any purpose other than a purposes described in 
     subsection (a).
       (4) Annual reports.--
       (A) In general.--Not later than 60 days after the end of 
     each fiscal year beginning with fiscal year 2012, the 
     Secretary shall submit a report on the operation of the Fund 
     during the fiscal year to--
       (i) the Committees on Appropriations of the House of 
     Representatives and of the Senate;
       (ii) the Committee on Energy and Natural Resources of the 
     Senate; and
       (iii) the Committee on Energy and Commerce of the House of 
     Representatives.
       (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.
       (5) Separate appropriations account.--Section 1105(a) of 
     title 31, United States Code, is amended--
       (A) by redesignating paragraphs (35) and (36) as paragraphs 
     (36) and (37), respectively;
       (B) by redesignating the second paragraph (33) (relating to 
     obligational authority and outlays requested for homeland 
     security) as paragraph (35); and
       (C) by adding at the end the following:
       ``(38) a separate statement for the 500-mile Battery Fund 
     established under section 8(h) of the `Promoting Electric 
     Vehicles Act of 2010', which shall include the estimated 
     amount of deposits into the Fund, obligations, and outlays 
     from the Fund.''.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated--
       (1) $10,000,000 to carry out subsection (g)(1); and
       (2) $1,000,000 to carry out subsection (g)(2).

     SEC. 2123. STUDY ON THE SUPPLY OF RAW MATERIALS.

       (a) In General.--The Secretary of the Interior, in 
     consultation with the Secretary and the Task Force, shall 
     conduct a study that--
       (1) identifies the raw materials needed for the manufacture 
     of plug-in electric drive vehicles, batteries, and other 
     components for plug-in electric drive vehicles, and for the 
     infrastructure needed to support plug-in electric drive 
     vehicles;
       (2) describes the primary or original sources and known 
     reserves and resources of those raw materials;
       (3) assesses, in consultation with the National Academy of 
     Sciences, the degree of risk to the manufacture, maintenance, 
     deployment, and use of plug-in electric drive vehicles 
     associated with the supply of those raw materials; and
       (4) identifies pathways to securing reliable and resilient 
     supplies of those raw materials.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to Congress a report that describes the results of the 
     study.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this subsection $1,500,000.

     SEC. 2124. STUDY ON THE COLLECTION AND PRESERVATION OF DATA 
                   COLLECTED FROM PLUG-IN ELECTRIC DRIVE VEHICLES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Committee, shall enter into an agreement with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study that--
       (1) identifies--
       (A) the data that may be collected from plug-in electric 
     drive vehicles, including data on the location, charging 
     patterns, and usage of plug-in electric drive vehicles;
       (B) the scientific, economic, commercial, security, and 
     historic potential of the data described in subparagraph (A); 
     and
       (C) any laws or regulations that relate to the data 
     described in subparagraph (A); and

[[Page S6428]]

       (2) analyzes and provides recommendations on matters that 
     include procedures, technologies, and rules relating to the 
     collection, storage, and preservation of the data described 
     in paragraph (1)(A).
       (b) Report.--Not later than 15 months after the date of an 
     agreement between the Secretary and the Academy under 
     subsection (a), the National Academy of Sciences shall submit 
     to the appropriate committees of Congress a report that 
     describes the results of the study under subsection (a).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

                       Subtitle C--Miscellaneous

     SEC. 2131. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE 
                   VEHICLES.

       (a) In General.--The Public Utility Regulatory Policies Act 
     of 1978 (16 U.S.C. 2601 et seq.) is amended--
       (1) in section 111(d) (16 U.S.C. 2621(d)), by adding at the 
     end the following:
       ``(20) Plug-in electric drive vehicle planning.--
       ``(A) Utility plan for plug-in electric drive vehicles.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, each electric utility shall 
     develop a plan to support the use of plug-in electric drive 
     vehicles, including medium- and heavy-duty hybrid electric 
     vehicles in the service area of the electric utility.
       ``(ii) Requirements.--A plan under clause (i) shall 
     investigate--

       ``(I) various levels of potential penetration of plug-in 
     electric drive vehicles in the utility service area;
       ``(II) the potential impacts that the various levels of 
     penetration and charging scenarios (including charging rates 
     and daily hours of charging) would have on generation, 
     distribution infrastructure, and the operation of the 
     transmission grid; and
       ``(III) the role of third parties in providing reliable and 
     economical charging services.

       ``(iii) Waiver.--

       ``(I) In general.--An electric utility that determines that 
     the electric utility will not be impacted by plug-in electric 
     drive vehicles during the 5-year period beginning on the date 
     of enactment of this paragraph may petition the Secretary to 
     waive clause (i) for 5 years.
       ``(II) Approval.--Approval of a waiver under subclause (I) 
     shall be in the sole discretion of the Secretary.

       ``(iv) Updates.--

       ``(I) In general.--Each electric utility shall update the 
     plan of the electric utility every 5 years.
       ``(II) Resubmission of waiver.--An electric utility that 
     received a waiver under clause (iii) and wants the waiver to 
     continue after the expiration of the waiver shall be required 
     to resubmit the waiver.

       ``(v) Exemption.--If the Secretary determines that a plan 
     required by a State regulatory authority meets the 
     requirements of this paragraph, the Secretary may accept that 
     plan and exempt the electric utility submitting the plan from 
     the requirements of clause (i).
       ``(B) Support requirements.--Each State regulatory 
     authority (in the case of each electric utility for which the 
     authority has ratemaking authority) and each municipal and 
     cooperative utility shall--
       ``(i) participate in any local plan for the deployment of 
     recharging infrastructure in communities located in the 
     footprint of the authority or utility;
       ``(ii) require that charging infrastructure deployed is 
     interoperable with products of all auto manufacturers to the 
     maximum extent practicable; and
       ``(iii) consider adopting minimum requirements for 
     deployment of electrical charging infrastructure and other 
     appropriate requirements necessary to support the use of 
     plug-in electric drive vehicles.
       ``(C) Cost recovery.--Each State regulatory authority (in 
     the case of each electric utility for which the authority has 
     ratemaking authority) and each municipal and cooperative 
     utility may consider whether, and to what extent, to allow 
     cost recovery for plans and implementation of plans.
       ``(D) Determination.--Not later than 3 years after the date 
     of enactment of this paragraph, each State regulatory 
     authority (with respect to each electric utility for which 
     the authority has ratemaking authority), and each municipal 
     and cooperative electric utility, shall complete the 
     consideration, and shall make the determination, referred to 
     in subsection (a) with respect to the standard established by 
     this paragraph.'';
       (2) in section 112(c) (16 U.S.C. 2622(c))--
       (A) in the first sentence, by striking ``Each State'' and 
     inserting the following:
       ``(1) In general.--Each State'';
       (B) in the second sentence, by striking ``In the case'' and 
     inserting the following:
       ``(2) Specific standards.--
       ``(A) Net metering and fossil fuel generation efficiency.--
     In the case'';
       (C) in the third sentence, by striking ``In the case'' and 
     inserting the following:
       ``(B) Time-based metering and communications.--In the 
     case'';
       (D) in the fourth sentence--
       (i) by striking ``In the case'' and inserting the 
     following:
       ``(C) Interconnection.--In the case''; and
       (ii) by striking ``paragraph (15)'' and inserting 
     ``paragraph (15) of section 111(d)'';
       (E) in the fifth sentence, by striking ``In the case'' and 
     inserting the following:
       ``(D) Integrated resource planning, rate design 
     modifications, smart grid investments, smart grid 
     information.--In the case''; and
       (F) by adding at the end the following:
       ``(E) Plug-in electric drive vehicle planning.--In the case 
     of the standards established by paragraph (20) of section 
     111(d), the reference contained in this subsection to the 
     date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of that paragraph.''; and
       (3) in section 112(d) (16 U.S.C. 2622(d)), in the matter 
     preceding paragraph (1), by striking ``(19)'' and inserting 
     ``(20)''.
       (b) Report.--
       (1) In general.--The Secretary, in consultation with the 
     Technical Advisory Committee, shall convene a group of 
     utility stakeholders, charging infrastructure providers, 
     third party aggregators, and others, as appropriate, to 
     discuss and determine the potential models for the 
     technically and logistically challenging issues involved in 
     using electricity as a fuel for vehicles, including--
       (A) accommodation for billing for charging a plug-in 
     electric drive vehicle, both at home and at publicly 
     available charging infrastructure;
       (B) plans for anticipating vehicle to grid applications 
     that will allow batteries in cars as well as banks of 
     batteries to be used for grid storage, ancillary services 
     provision, and backup power;
       (C) integration of plug-in electric drive vehicles with 
     smart grid, including protocols and standards, necessary 
     equipment, and information technology systems; and
       (D) any other barriers to installing sufficient and 
     appropriate charging infrastructure.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that includes--
       (A) the issues and model solutions described in paragraph 
     (1); and
       (B) any other issues that the Task Force and Secretary 
     determine to be appropriate.

     SEC. 2132. LOAN GUARANTEES.

       (a) Loan Guarantees for Advanced Battery Purchases for Use 
     in Stationary Applications.--Subtitle B of title I of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 17011 
     et seq.) is amended by adding at the end the following:

     ``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

       ``(a) Definitions.--In this section:
       ``(1) Qualified automotive battery.--The term `qualified 
     automotive battery' means a battery that--
       ``(A) has at least 4 kilowatt hours of battery capacity; 
     and
       ``(B) is designed for use in qualified plug-in electric 
     drive motor vehicles but is purchased for nonautomotive 
     applications.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) an original equipment manufacturer;
       ``(B) an electric utility;
       ``(C) any provider of range extension infrastructure; or
       ``(D) any other qualified entity, as determined by the 
     Secretary.
       ``(b) Loan Guarantees.--
       ``(1) In general.--The Secretary shall guarantee loans made 
     to eligible entities for the aggregate purchase of not less 
     than 200 qualified automotive batteries in a calendar year 
     that have a total minimum power rating of 1 megawatt and use 
     advanced battery technology.
       ``(2) Restriction.--As a condition of receiving a loan 
     guarantee under this section, an entity purchasing qualified 
     automotive batteries with loan funds guaranteed under this 
     section shall comply with the provisions of the Buy American 
     Act (41 U.S.C. 10a et seq.).
       ``(c) Regulations.--The Secretary shall promulgate such 
     regulations as are necessary to carry out this section.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000.''.
       (b) Loan Guarantees for Charging Infrastructure.--Section 
     1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) 
     is amended by adding at the end the following:
       ``(4) Charging infrastructure and networks of charging 
     infrastructure for plug-in drive electric vehicles, if the 
     charging infrastructure will be operational prior to December 
     31, 2016.''.

     SEC. 2133. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN 
                   LANDFILLS.

       (a) Definition of Advanced Battery.--
       (1) In general.--In this section, the term ``advanced 
     battery'' means a battery that is a secondary (rechargeable) 
     electrochemical energy storage device that has enhanced 
     energy capacity.
       (2) Exclusions.--The term ``advanced battery'' does not 
     include--
       (A) a primary (nonrechargeable) battery; or
       (B) a lead-acid battery that is used to start or serve as 
     the principal electrical power source for a plug-in electric 
     drive vehicle.
       (b) Requirement.--An advanced battery from a plug-in 
     electric drive vehicle shall be disposed of in accordance 
     with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     (commonly known as the ``Resource Conservation and Recovery 
     Act of 1976'').

     SEC. 2134. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY 
                   COMMITTEE.

       (a) In General.--There is established the Plug-in Electric 
     Drive Vehicle Technical Advisory Committee to advise the 
     Secretary on the programs and activities under this title.

[[Page S6429]]

       (b) Mission.--The mission of the Committee shall be to 
     advise the Secretary on technical matters, including--
       (1) the priorities for research and development;
       (2) means of accelerating the deployment of safe, 
     economical, and efficient plug-in electric drive vehicles for 
     mass market adoption;
       (3) the development and deployment of charging 
     infrastructure;
       (4) the development of uniform codes, standards, and safety 
     protocols for plug-in electric drive vehicles and charging 
     infrastructure; and
       (5) reporting on the competitiveness of the United States 
     in plug-in electric drive vehicle and infrastructure 
     research, manufacturing, and deployment.
       (c) Membership.--
       (1) Members.--
       (A) In general.--The Committee shall consist of not less 
     than 12, but not more than 25, members.
       (B) Representation.--The Secretary shall appoint the 
     members to Committee from among representatives of--
       (i) domestic industry;
       (ii) institutions of higher education;
       (iii) professional societies;
       (iv) Federal, State, and local governmental agencies 
     (including the National Laboratories); and
       (v) financial, transportation, labor, environmental, 
     electric utility, or other appropriate organizations or 
     individuals with direct experience in deploying and marketing 
     plug-in electric drive vehicles, as the Secretary determines 
     to be necessary.
       (2) Terms.--
       (A) In general.--The term of a Committee member shall not 
     be longer than 3 years.
       (B) Staggered terms.--The Secretary may appoint members to 
     the Committee for differing term lengths to ensure continuity 
     in the functioning of the Committee.
       (C) Reappointments.--A member of the Committee whose term 
     is expiring may be reappointed.
       (3) Chairperson.--The Committee shall have a chairperson, 
     who shall be elected by and from the members.
       (d) Review.--The Committee shall review and make 
     recommendations to the Secretary on the implementation of 
     programs and activities under this title.
       (e) Response.--
       (1) In general.--The Secretary shall consider and may adopt 
     any recommendation of the Committee under subsection (c).
       (2) Biennial report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report describing any new recommendations of the 
     Committee.
       (B) Contents.--The report shall include--
       (i) a description of the manner in which the Secretary has 
     implemented or plans to implement the recommendations of the 
     Committee; or
       (ii) an explanation of the reason that a recommendation of 
     the Committee has not been implemented.
       (C) Timing.--The report described in this paragraph shall 
     be submitted by the Secretary at the same time the President 
     submits the budget proposal for the Department of Energy to 
     Congress.
       (f) Coordination.--The Committee shall--
       (1) hold joint annual meetings with the Hydrogen and Fuel 
     Cell Technical Advisory Committee established by section 807 
     of the Energy Policy Act of 2005 (42 U.S.C. 16156) to help 
     coordinate the work and recommendations of the Committees; 
     and
       (2) coordinate efforts, to the maximum extent practicable, 
     with all existing independent, departmental, and other 
     advisory Committees, as determined to be appropriate by the 
     Secretary.
       (g) Support.--The Secretary shall provide to the Committee 
     the resources necessary to carry out this section, as 
     determined to be necessary by the Secretary.

     SEC. 2135. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK 
                   FORCE.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the President shall establish the 
     Plug-in Electric Drive Vehicle Interagency Task Force, to be 
     chaired by the Secretary and which shall consist of at least 
     1 representative from each of--
       (1) the Office of Science and Technology Policy;
       (2) the Council on Environmental Quality;
       (3) the Department of Energy;
       (4) the Department of Transportation;
       (5) the Department of Defense;
       (6) the Department of Commerce (including the National 
     Institute of Standards and Technology);
       (7) the Environmental Protection Agency;
       (8) the General Services Administration; and
       (9) any other Federal agencies that the President 
     determines to be appropriate.
       (b) Mission.--The mission of the Task Force shall be to 
     ensure awareness, coordination, and integration of the 
     activities of the Federal Government relating to plug-in 
     electric drive vehicles, including--
       (1) plug-in electric drive vehicle research and development 
     (including necessary components);
       (2) the development of widely accepted smart-grid standards 
     and protocols for charging infrastructure;
       (3) the relationship of plug-in electric drive vehicle 
     charging practices to electric utility regulation;
       (4) the relationship of plug-in electric drive vehicle 
     deployment to system reliability and security;
       (5) the general deployment of plug-in electric drive 
     vehicles in the Federal, State, and local governments and for 
     private use;
       (6) the development of uniform codes, standards, and safety 
     protocols for plug-in electric drive vehicles and charging 
     infrastructure; and
       (7) the alignment of international plug-in electric drive 
     vehicle standards.
       (c) Activities.--
       (1) In general.--In carrying out this section, the Task 
     Force may--
       (A) organize workshops and conferences;
       (B) issue publications; and
       (C) create databases.
       (2) Mandatory activities.--In carrying out this section, 
     the Task Force shall--
       (A) foster the exchange of generic, nonproprietary 
     information and technology among industry, academia, and the 
     Federal Government;
       (B) integrate and disseminate technical and other 
     information made available as a result of the programs and 
     activities under this title;
       (C) support education about plug-in electric drive 
     vehicles;
       (D) monitor, analyze, and report on the effects of plug-in 
     electric drive vehicle deployment on the environment and 
     public health, including air emissions from vehicles and 
     electricity generating units; and
       (E) review and report on--
       (i) opportunities to use Federal programs (including laws, 
     regulations, and guidelines) to promote the deployment of 
     plug-in electric drive vehicles; and
       (ii) any barriers to the deployment of plug-in electric 
     drive vehicles, including barriers that are attributable to 
     Federal programs (including laws, regulations, and 
     guidelines).
       (d) Agency Cooperation.--A Federal agency--
       (1) shall cooperate with the Task Force; and
       (2) provide, on request of the Task Force, appropriate 
     assistance in carrying out this section, in accordance with 
     applicable Federal laws (including regulations).

           DIVISION C--CLEAN ENERGY JOBS AND CONSUMER SAVINGS

              TITLE XXX--HOME STAR RETROFIT REBATE PROGRAM

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Home Star Retrofit Act of 
     2010''.

     SEC. 3002. DEFINITIONS.

       In this title:
       (1) Accredited contractor.--The term ``accredited 
     contractor'' means a residential energy efficiency contractor 
     that meets the minimum applicable requirements established 
     under subsections (a) and (b) of section 3004.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) BPI.--The term ``BPI'' means the Building Performance 
     Institute.
       (4) Certified workforce.--The term ``certified workforce'' 
     means a residential efficiency construction workforce in 
     which all persons performing installation work in the areas 
     of building envelope retrofits, duct sealing, or any other 
     additional skill category designated by the Secretary of 
     Labor, in consultation with stakeholders and the Secretary of 
     Energy, are certified through an existing certification that 
     covers the appropriate job skills under--
       (A) an applicable third party skills standard established--
       (i) by the BPI;
       (ii) by the North American Technician Excellence;
       (iii) by the Laborers' International Union of North 
     America;
       (B) an applicable third party skills standard established 
     in the State in which the work is to be performed, pursuant 
     to a program operated by the Home Builders Institute in 
     connection with Ferris State University, to be effective 
     beginning on the date that is 30 days after the date notice 
     is provided by those organizations to the Secretary that the 
     program has been established in the State unless the 
     Secretary determines, not later than 30 days after the date 
     of the notice, that the standard or certification does not 
     equal in quality the standards and certifications described 
     in subparagraph (A); or
       (C) other standards that the Secretary shall approve not 
     later than 30 days after the date of submission, in 
     consultation with the Secretary of Labor and the 
     Administrator.
       (5) Conditioned space.--The term ``conditioned space'' 
     means the area of a home that is--
       (A) intended for habitation; and
       (B) intentionally heated or cooled.
       (6) Contractor.--The term ``contractor'' means a 
     residential efficiency contracting business entity.
       (7) DOE.--The term ``DOE'' means the Department of Energy.
       (8) Electric utility.--The term ``electric utility'' means 
     any person or State agency that delivers or sells electric 
     energy at retail, including nonregulated utilities and 
     utilities that are subject to State regulation and Federal 
     power marketing administrations.
       (9) EPA.--The term ``EPA'' means the Environmental 
     Protection Agency.

[[Page S6430]]

       (10) Federal rebate processing system.--The term ``Federal 
     Rebate Processing System'' means the Federal Rebate 
     Processing System established under section 3003(b).
       (11) Gold star home retrofit program.--The term ``Gold Star 
     Home Retrofit Program'' means the Gold Star Home Retrofit 
     Program established under section 3008.
       (12) Home.--The term ``home'' means a principal residential 
     dwelling unit in a building with no more than 4 dwelling 
     units that--
       (A) is located in the United States; and
       (B) was constructed before the date of enactment of this 
     Act.
       (13) Homeowner.--The term ``homeowner'' means the resident 
     or non-resident owner of record of a home.
       (14) Home star loan program.--The term ``Home Star loan 
     program'' means the Home Star efficiency loan program 
     established under section 3015(a).
       (15) Home star retrofit rebate program.--The term ``Home 
     Star Retrofit Rebate Program'' means the Home Star Retrofit 
     Rebate Program established under section 3003(a).
       (16) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (17) Natural gas utility.--The term ``natural gas utility'' 
     means any person or State agency that transports, 
     distributes, or sells natural gas at retail, including 
     nonregulated utilities and utilities that are subject to 
     State regulation.
       (18) Qualified contractor.--The term ``qualified 
     contractor'' means a contractor that meets minimum applicable 
     requirements established under section 3004(a).
       (19) Quality assurance framework.--The term ``quality 
     assurance framework'' means a policy adopted by a State to 
     develop high standards for ensuring quality in ongoing 
     efficiency retrofit activities in which the State has a role, 
     including operation of the quality assurance program and 
     creating significant employment opportunities, in particular 
     for targeted workers.
       (20) Quality assurance program.--
       (A) In general.--The term ``quality assurance program'' 
     means a program established under this title or recognized by 
     the Secretary under this title, to oversee the delivery of 
     home efficiency retrofit programs to ensure that work is 
     performed in accordance with standards and criteria 
     established under this title.
       (B) Inclusions.--For purposes of subparagraph (A), delivery 
     of retrofit programs includes delivery of quality assurance 
     reviews of rebate applications and field inspections for a 
     portion of customers receiving rebates and conducted by a 
     quality assurance provider, with the consent of participating 
     consumers and without delaying rebate payments to 
     participating contractors.
       (21) Quality assurance provider.--The term ``quality 
     assurance provider'' means any entity that meets the minimum 
     applicable requirements established under section 3006.
       (22) Rebate aggregator.--The term ``rebate aggregator'' 
     means an entity that meets the requirements of section 3005.
       (23) RESNET.--The term ``RESNET'' means the Residential 
     Energy Services Network, which is a nonprofit certification 
     and standard setting organization for home energy raters that 
     evaluate the energy performance of a home.
       (24) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (25) Silver star home retrofit program.--The term ``Silver 
     Star Home Retrofit Program'' means the Silver Star Home 
     Retrofit Program established under section 3007.
       (26) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the United States Virgin Islands; and
       (H) any other territory or possession of the United States.
       (27) Targeted worker.--The term ``targeted worker'' means--
       (A) an individual who (as determined by the Secretary of 
     Labor, in consultation with the Secretary of Energy)--
       (i) is old enough to be employed under the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.) and State law;
       (ii) resides in an area with high or chronic unemployment 
     and low median household incomes; and
       (iii) is unemployed or underemployed; or
       (B) a veteran of Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (28) Vendor.--The term ``vendor'' means any retailer that 
     sells directly to homeowners and contractors the materials 
     used for the savings measures under section 3007.
       (29) Watersense product or service.--The term ``WaterSense 
     product or service'' means a water-efficient product or 
     service that meets specifications established by the 
     Administrator under the WaterSense Program of the 
     Environmental Protection Agency.

     SEC. 3003. HOME STAR RETROFIT REBATE PROGRAM.

       (a) In General.--The Secretary shall establish the Home 
     Star Retrofit Rebate Program.
       (b) Federal Rebate Processing System.--
       (1) Requirements.--
       (A) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the Treasury and the Administrator, shall--
       (i) establish a Federal Rebate Processing System which 
     shall serve as a database and information technology system 
     that will allow rebate aggregators to submit claims for 
     reimbursement using standard data protocols;
       (ii) establish a national retrofit website that provides 
     information on the Home Star Retrofit Rebate Program, 
     including--

       (I) how to determine whether particular efficiency measures 
     are eligible for rebates; and
       (II) how to participate in the program;

       (iii) make available, on a designated website, model forms 
     for compliance with all applicable requirements of this 
     title, to be submitted by--

       (I) each qualified contractor on completion of an eligible 
     home retrofit;
       (II) each quality assurance provider on completion of field 
     verification; and
       (III) each purchaser of a WaterSense product or service; 
     and

       (iv) subject to section 3016, provide such administrative 
     and technical support to rebate aggregators and States as is 
     necessary to carry out this title.
       (B) Distribution of funds.--Not later than 10 days after 
     the date of receipt of bundled rebate applications from a 
     rebate aggregator, the Secretary shall distribute funds to 
     the rebate aggregator on approved claims for reimbursement 
     made to the Federal Rebate Processing System.
       (C) Funding availability.--The Secretary shall post, on a 
     weekly basis, on the national retrofit website established 
     under subparagraph (A)(ii) information on--
       (i) the total number of rebate claims approved for 
     reimbursement; and
       (ii) the total amount of funds disbursed for rebates.
       (D) Program adjustment or termination.--Based on the 
     information described in subparagraph (C), the Secretary 
     shall announce a termination date and reserve funding to 
     process the rebate applications that are in the Federal 
     Rebate Processing System prior to the termination date to 
     ensure that all valid applications made to the program for 
     rebate reimbursement are paid.
       (2) Model forms.--In carrying out this section, the 
     Secretary shall consider the model forms developed by the 
     National Home Performance Council.
       (c) Administrative and Technical Support.--Effective 
     beginning not later than 30 days after the date of enactment 
     of this Act, the Secretary shall provide such administrative 
     and technical support to rebate aggregators and States as is 
     necessary to carry out this title.
       (d) Public Information Campaign.--Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall develop and implement a public education campaign that 
     describes, at a minimum--
       (1) the benefits of home energy and water-saving retrofits;
       (2) the availability of rebates for--
       (A) the installation of qualifying efficiency measures; and
       (B) whole home efficiency improvements; and
       (3) the requirements for qualified contractors and 
     accredited contractors.
       (e) Limitation.--Silver Star rebates provided under section 
     3007 and Gold Star rebates provided under section 3008 may be 
     provided for the same home only if--
       (1) Silver Star rebates are awarded prior to Gold Star 
     rebates;
       (2) savings obtained from measures under the Silver Star 
     Home Retrofit Program are not counted towards the simulated 
     savings that determine the value of a rebate under the Gold 
     Star Home Retrofit Program; and
       (3) the combined Silver Star and Gold Star rebates provided 
     to the individual homeowner do not exceed $8,000.
       (f) Availability.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall ensure that Home 
     Star retrofit rebates are available to all homeowners in the 
     United States to the maximum extent practicable.

     SEC. 3004. CONTRACTORS.

       (a) Contractor Qualifications for Silver Star Home Retrofit 
     Program.--A contractor may perform retrofit work under the 
     Silver Star Home Retrofit Program only if the contractor 
     meets or provides--
       (1) all applicable contractor licensing requirements 
     established by the applicable State or, if none exist at the 
     State level, the Secretary;
       (2) insurance coverage of at least $1,000,000 for general 
     liability, and for such other purposes and in such other 
     amounts as required by the State;
       (3) warranties to homeowners that completed work will--
       (A) be free of significant defects;
       (B) be installed in accordance with the specifications of 
     the manufacturer; and
       (C) perform properly for a period of at least 1 year after 
     the date of completion of the work;
       (4) an agreement to provide the owner of a home, through a 
     discount, the full economic value of all rebates received 
     under this title with respect to the home; and
       (5) an agreement to provide the homeowner, before a 
     contract is executed between the contractor and a homeowner 
     covering the eligible work, a notice of --

[[Page S6431]]

       (A) the rebate amount the contractor intends to apply for 
     with respect to eligible work under this title; and
       (B) the means by which the rebate will be passed through as 
     a discount to the homeowner.
       (b) Contractor Qualifications for Gold Star Home Retrofit 
     Program.--
       (1) In general.--A contractor may perform retrofit work 
     under the Gold Star Home Retrofit Program only if the 
     contractor--
       (A) meets the requirements for qualified contractors under 
     subsection (a);
       (B) is accredited--
       (i) by the BPI; or
       (ii) under other standards that the Secretary shall approve 
     not later than 30 days after the date of submission, in 
     consultation with the Administrator, under an equivalent 
     accreditation approved by the Secretary under which the 
     contractor, at a minimum--

       (I) educates the consumer on the value of comprehensive 
     energy retrofit work;
       (II) meets whole house contracting standards in conducting 
     home performance work relating to home energy auditing, 
     health and safety testing, heating, air-conditioning, and 
     heat pumps;
       (III) employs sufficient levels of staff who are certified 
     to the standards covering the appropriate whole house energy 
     audits and retrofit upgrades;
       (IV) maintains calibrated diagnostic equipment for use in 
     conducting energy retrofitting, assessment, and health and 
     safety testing on the house;
       (V) records and maintains all project information for 
     review during the quality assurance inspection;
       (VI) maintains quality assurance records of internal 
     reviews of the operation and performance of the business;
       (VII) adopts a customer dispute resolution policy that 
     establishes a specific time line in resolving any disputes 
     with the consumer; and
       (VIII) meets such other standards as are required by the 
     Secretary;

       (C) except as provided in paragraph (2), effective 1 year 
     after the date on which funds are provided under this title, 
     employs a certified workforce; and
       (D) effective beginning 1 year after the date of enactment 
     of this Act, meets all requirements of an applicable State 
     quality assurance framework.
       (2) Exception.--A contractor described in paragraph (1)(C) 
     may employ a person who is not certified to perform 
     installation work covered under section 3002(4) if the 
     employee--
       (A) has not worked for the contractor or on Home Star 
     projects for a period of more than 180 days;
       (B) is supervised on each project by a fellow employee who 
     is certified under section 3002(4) to perform the applicable 
     covered work;
       (C) is the only person who performs covered installation 
     work on a project and has not been certified under section 
     3002(4); and
       (D) is directly employed by the contractor or the 
     subcontractor of the contractor, and not self employed, or 
     employed through a temporary employment agency, staffing 
     service, or other intermediary.
       (c) Health and Safety Requirements.--Nothing in this title 
     relieves any contractor from the obligation to comply with 
     applicable Federal, State, and local health and safety code 
     requirements.

     SEC. 3005. REBATE AGGREGATORS.

       (a) In General.--The Secretary shall develop a network of 
     rebate aggregators that can facilitate the delivery of 
     rebates to participating contractors and vendors for 
     discounts provided to homeowners for efficiency retrofit 
     work.
       (b) Responsibilities.--Rebate aggregators shall--
       (1) review the proposed rebate application for completeness 
     and accuracy;
       (2) review measures under the Silver Star Home Retrofit 
     Program and savings under the Gold Star Home Retrofit Program 
     for eligibility in accordance with this title;
       (3) provide data to the Federal Data Processing Center 
     consistent with data protocols established by the Secretary; 
     and
       (4) distribute funds received from DOE to contractors, 
     vendors, or other persons.
       (c) Processing Rebate Applications.--A rebate aggregator 
     shall--
       (1) submit the rebate application to the Federal Rebate 
     Processing Center not later than 14 days after the date of 
     receipt of a rebate application from a contractor; and
       (2) distribute funds to the contractor not later than 6 
     days after the date of receipt from the Federal Rebate 
     Processing System.
       (d) Eligibility.--To be eligible to apply to the Secretary 
     for approval as a rebate aggregator, an entity shall be--
       (1) a Home Performance with Energy Star partner;
       (2) an entity administering a residential efficiency 
     retrofit program established or approved by a State;
       (3) a Federal Power Marketing Administration, an electric 
     utility, or a natural gas utility that has--
       (A) an approved residential efficiency retrofit program; 
     and
       (B) an established quality assurance provider network; or
       (4) an entity that demonstrates to the Secretary that the 
     entity can perform the functions of an rebate aggregator, 
     without disrupting existing residential retrofits in the 
     States that are incorporating the Home Star Program, 
     including demonstration of--
       (A) corporate status or status as a State or local 
     government;
       (B) the capability to provide electronic data to the 
     Federal Rebate Processing System;
       (C) a financial system that is capable of tracking the 
     distribution of rebates to participating contractors; and
       (D) coordination and cooperation by the entity with the 
     appropriate State office regarding participation in the 
     existing efficiency programs that will be delivering the Home 
     Star Program.
       (e) Application to Become a Rebate Aggregator.--Not later 
     than 30 days after the date of receipt of an application of 
     an entity seeking to become a rebate aggregator, the 
     Secretary shall approve or deny the application on the basis 
     of the eligibility criteria under subsection (d).
       (f) Application Priority.--In reviewing applications from 
     entities seeking to become rebate aggregators, the Secretary 
     shall give priority to entities that commit--
       (1) to reviewing applications for participation in the 
     program from all qualified contractors within a defined 
     geographic region; and
       (2) to processing rebate applications more rapidly than the 
     minimum requirements established under the program.
       (g) Public Utility Commission Efficiency Targets.--The 
     Secretary shall--
       (1) develop guidelines for States to use to allow utilities 
     participating as rebate aggregators to count the savings from 
     the participation of the utilities toward State-level savings 
     targets; and
       (2) work with States to assist in the adoption of the 
     guidelines for the purposes and duration of the Home Star 
     Retrofit Rebate Program.

     SEC. 3006. QUALITY ASSURANCE PROVIDERS.

       (a) In General.--An entity shall be considered a quality 
     assurance provider under this title if the entity--
       (1) is independent of the contractor;
       (2) confirms the qualifications of contractors or 
     installers of home efficiency retrofits;
       (3) confirms compliance with the requirements of a 
     ``certified workforce''; and
       (4) performs field inspections and other measures required 
     to confirm the compliance of the retrofit work under the 
     Silver Star program, and the retrofit work and the use of 
     software simulation savings under the Gold Star program, 
     based on the requirements of this title.
       (b) Inclusions.--An entity shall be considered a quality 
     assurance provider under this title if the entity is 
     qualified through--
       (1) the International Code Council;
       (2) the BPI;
       (3) the RESNET;
       (4) a State;
       (5) a State-approved residential efficiency retrofit 
     program; or
       (6) any other entity designated by the Secretary, in 
     consultation with the Administrator.

     SEC. 3007. SILVER STAR HOME RETROFIT PROGRAM.

       (a) In General.--If the energy-efficiency or water-saving 
     retrofit of a home is carried out after the date of enactment 
     of this Act in accordance with this section, a rebate shall 
     be awarded for the energy or water savings retrofit of a home 
     for the installation of savings measures--
       (1) selected from the list of energy and water savings 
     measures described in subsection (b);
       (2) installed in the home by a qualified contractor not 
     later than 1 year after the date of enactment of this Act;
       (3) carried out in compliance with this section; and
       (4) subject to the maximum amount limitations established 
     under subsection (d)(4).
       (b) Energy and Water Savings Measures.--Subject to 
     subsection (c), a rebate shall be awarded under this section 
     for the installation of the following energy or water savings 
     measures for a home energy or water retrofit that meet 
     technical standards established under this section:
       (1) Whole house air-sealing measures (including interior 
     and exterior measures and using sealants, caulks, insulating 
     foams, gaskets, weather-stripping, mastics, and other 
     building materials), in accordance with BPI standards or 
     other procedures approved by the Secretary.
       (2) Attic insulation measures that--
       (A) include sealing of air leakage between the attic and 
     the conditioned space, in accordance with BPI standards or 
     the attic portions of the DOE or EPA thermal bypass checklist 
     or other procedures approved by the Secretary;
       (B) add at least R-19 insulation to existing insulation;
       (C) result in at least R-38 insulation in DOE climate zones 
     1 through 4 and at least R-49 insulation in DOE climate zones 
     5 through 8, including existing insulation, within the limits 
     of structural capacity; and
       (D) cover at least--
       (i) 100 percent of an accessible attic; or
       (ii) 75 percent of the total conditioned footprint of the 
     house.
       (3) Duct seal or replacement that--
       (A) is installed in accordance with BPI standards or other 
     procedures approved by the Secretary; and
       (B) in the case of duct replacement, replaces and seals at 
     least 50 percent of a distribution system of the home.
       (4) Wall insulation that--

[[Page S6432]]

       (A) is installed in accordance with BPI standards or other 
     procedures approved by the Secretary;
       (B) is to full-stud thickness; and
       (C) covers at least 75 percent of the total external wall 
     area of the home.
       (5) Crawl space insulation or basement wall and rim joist 
     insulation that is installed in accordance with BPI standards 
     or other procedures approved by the Secretary--
       (A) covers at least 500 square feet of crawl space or 
     basement wall and adds at least--
       (i) R-19 of cavity insulation or R-15 of continuous 
     insulation to existing crawl space insulation; or
       (ii) R-13 of cavity insulation or R-10 of continuous 
     insulation to basement walls; and
       (B) fully covers the rim joist with at least R-10 of new 
     continuous or R-13 of cavity insulation.
       (6) Window replacement that replaces at least 8 exterior 
     windows, or 75 percent of the exterior windows in a home, 
     whichever is less, with windows that--
       (A) are certified by the National Fenestration Rating 
     Council; and
       (B) comply with criteria applicable to windows under 
     section 25(c) of the Internal Revenue Code of 1986.
       (7) Door replacement that replaces at least 1 exterior door 
     with doors that comply with criteria applicable to doors 
     under the 2010 Energy Star specification for doors.
       (8) Skylight replacement that replaces at least 1 skylight 
     with skylights that comply with criteria applicable to 
     skylights under the 2010 Energy Star specification for 
     skylights.
       (9)(A) Heating system replacement with--
       (i) a natural gas or propane furnace with an AFUE rating of 
     95 or greater;
       (ii) a natural gas or propane boiler with an AFUE rating of 
     90 or greater;
       (iii) an oil furnace with an AFUE rating of 86 or greater 
     and that uses an electrically commutated blower motor;
       (iv) an oil boiler with an AFUE rating of 86 or greater and 
     that has temperature reset or thermal purge controls; or
       (v) a wood or wood pellet furnace, boiler, or stove, if--
       (I) the new system--

       (aa) meets at least 75 percent of the heating demands of 
     the home; and
       (bb) in the case of a wood stove, replaces an existing wood 
     stove with a stove that is EPA-certified, if a voucher is 
     provided by the installer or other responsible party 
     certifying that the old stove has been removed and made 
     inoperable;

       (II) the home has a distribution system (such as ducts, 
     vents, blowers, or affixed fans) that allows heat from the 
     wood stove, furnace, or boiler to reach all or most parts of 
     the home; and
       (III) an independent test laboratory approved by the 
     Secretary or the Administrator certifies that the new 
     system--

       (aa) has thermal efficiency (with a lower heating value) of 
     at least 75 percent for stoves and 80 percent for furnaces 
     and boilers; and
       (bb) has particulate emissions of less than 3.0 grams per 
     hour for wood stoves or pellet stoves, and less than 0.32 lbs 
     per million BTU for outdoor boilers and furnaces.

       (B) A rebate may be provided under this section for the 
     replacement of a furnace or boiler described in clauses (i) 
     through (iv) of subparagraph (A) only if the new furnace or 
     boiler is installed in accordance with ANSI/ACCA Standard 5 
     QI - 2007.
       (10) Automatic water temperature controllers that vary 
     boiler water temperature in response to changes in outdoor 
     temperature or the demand for heat, if the retrofit is to an 
     existing boiler and not in conjunction with a new boiler.
       (11) Air-conditioner or heat-pump replacement with a new 
     unit that--
       (A) is installed in accordance with ANSI/ACCA Standard 5 
     QI-2007; and
       (B) meets or exceeds--
       (i) in the case of an air-source conditioner, SEER 16 and 
     EER 13;
       (ii) in the case of an air-source heat pump, SEER 15, EER 
     12.5, and HSPF 8.5; and
       (iii) in the case of a geothermal heat pump, Energy Star 
     tier 2 efficiency requirements.
       (12) Replacement of or with--
       (A) a natural gas or propane water heater with a condensing 
     storage water heater with an energy factor of 0.80 or more or 
     a condensing storage water heater or tankless water heater 
     with a thermal efficiency of 90 percent or more;
       (B) a tankless natural gas or propane water heater with an 
     energy factor of at least .82;
       (C) a natural gas or propane storage water heater with an 
     energy factor of at least .67;
       (D) an indirect water heater with an insulated storage tank 
     that--
       (i) has a storage capacity of at least 30 gallons and is 
     insulated to at least R-16; and
       (ii) is installed in conjunction with a qualifying boiler 
     described in paragraph (7);
       (E) an electric water heater with an energy factor of 2.0 
     or more;
       (F) a water heater with a solar hot water system that--
       (i) is certified by the Solar Rating and Certification 
     Corporation under specification SRCC-OG-300; or
       (ii) meets technical standards established by the State of 
     Hawaii; or
       (G) a water heater installed in conjunction with a 
     qualifying geothermal heat pump described in paragraph (11) 
     that provides domestic water heating through the use of--
       (i) year-round demand water heating capability; or
       (ii) a desuperheater.
       (13) Storm windows that--
       (A) are installed on a least 5 single-glazed windows that 
     do not have storm windows;
       (B) are installed in a home listed on or eligible for 
     listing in the National Register of Historic Places; and
       (C) comply with any procedures that the Secretary may 
     establish for storm windows (including installation).
       (14) Roof replacement that replaces at least 75 percent of 
     the roof area with energy-saving roof products certified 
     under the Energy Star program.
       (15) Window films that are installed on at least 8 exterior 
     windows, doors, or skylights, or 75 percent of the total 
     exterior square footage of glass, whichever is more, in a 
     home with window films that--
       (A) are certified by the National Fenestration Rating 
     Council;
       (B) have a Solar Heat Gain Coefficient of 0.43 or less with 
     a visible light-to-solar heat gain ratio of at least 1.1 in 
     2009 International Energy Conservation Code climate zones 1 
     through 8; and
       (C) are certified to reduce the U-factor of the National 
     Fenestration Rating Council dual pane reference window by 
     0.05 or greater and are only applied to nonmetal frame dual 
     pane windows in 2009 International Energy Conservation Code 
     climate zones 4 through 8.
       (16) WaterSense products or services.
       (c) Installation Costs.--Measures described in paragraphs 
     (1) through (16) of subsection (b) shall include expenditures 
     for labor and other installation-related costs (including 
     venting system modification and condensate disposal) properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the component.
       (d) Amount of Rebate.--
       (1) In general.--Except as provided in paragraphs (2) 
     through (4), the amount of a rebate provided under this 
     section shall be $1,000 per measure for the installation of 
     savings measures described in subsection (b)
       (2) Higher rebate amount.--Except as provided in paragraph 
     (4), the amount of a rebate provided to the owner of a home 
     or designee under this section shall be $1,500 per measure 
     for--
       (A) attic insulation and air sealing described in 
     subsection (b)(2);
       (B) wall insulation described in subsection (b)(4);
       (C) a heating system described in subsection (b)(9); and
       (D) an air-conditioner or heat-pump replacement described 
     in subsection (b)(11).
       (3) Lower rebate amount.--Except as provided in paragraph 
     (4), the amount of a rebate provided under this section shall 
     be--
       (A) $125 per door for the installation of up to a maximum 
     of 2 Energy Star doors described in subsection (b)(7) for 
     each home;
       (B) $125 per skylight for the installation of up to a 
     maximum of 2 Energy Star skylights described in subsection 
     (b)(8) for each home;
       (C) $750 for a maximum of 1 natural gas or propane tankless 
     water heater described in subsection (b)(12)(B) for each 
     home;
       (D) $450 for a maximum of 1 natural gas or propane storage 
     water heater described in subsection (b)(12)(C) for each 
     home;
       (E) $250 for rim joist insulation described in subsection 
     (b)(5)(B);
       (F) $50 for each storm window described in subsection 
     (b)(13);
       (G) $500 for a desuperheater described in subsection 
     (b)(12)(G)(ii);
       (H) $500 for a wood or pellet stove that has a heating 
     capacity of at least 28,000 BTU per hour (using the upper end 
     of the range listed in the EPA list of Certified Wood Stoves) 
     and meets all of the requirements of subsection (b)(9)(A)(v) 
     other than the requirements in items (aa) and (bb) of 
     subsection (b)(9)(A)(v)(I);
       (I) $250 for an automatic water temperature controller 
     described in subsection (b)(10);
       (J) $500 for a roof described in subsection (b)(14);
       (K) $500 for window films described in subsection (b)(15); 
     and
       (L) $150 for any combination of WaterSense products or 
     services described in subsection (b)(16), if the total cost 
     of all WaterSense products or services is at least $300.
       (4) Maximum amount.--The total amount of a rebate provided 
     to the owner of a home or designee under this section shall 
     not exceed the lower of--
       (A) $3,000;
       (B) the sum of the amounts per measure specified in 
     paragraphs (1) through (3);
       (C) 50 percent of the total cost of the installed measures; 
     or
       (D) if the Secretary finds that the net value to the 
     homeowner of the rebates is less than the amount of the 
     rebates, the actual net value to the homeowner.
       (e) Insulation Products Purchased Without Installation 
     Services.--
       (1) In general.--A rebate shall be awarded under this 
     section if--
       (A) the measure--
       (i) is--

       (I) a whole house air-sealing measure described in 
     subsection (b)(1);
       (II) an attic insulation measure described in subsection 
     (b)(2);
       (III) a duct seal or replacement measure described in 
     subsection (b)(3);
       (IV) a wall insulation measure described in subsection 
     (b)(4); or
       (V) a crawl space insulation measure or basement wall and 
     rim joist insulation measure described in subsection (b)(5);

[[Page S6433]]

       (ii) is purchased by a homeowner for installation by the 
     homeowner in a home identified by the address of the 
     homeowner;
       (iii) is identified and attributed to a specific home in a 
     submission by the vendor to a rebate aggregator;
       (iv) is not part of--

       (I) a savings measure described in paragraphs (6) through 
     (11) of subsection (b); and
       (II) a retrofit for which a rebate is provided under the 
     Gold Star Home Retrofit Program; and

       (v) is not part of a savings measure described in 
     paragraphs (1) through (5) in subsection (b) for which the 
     homeowner received or will receive contracting services; or
       (B) educational material on proper installation of the 
     product is provided to the homeowner, including material on 
     air sealing while insulating.
       (2) Amount.--A rebate under this subsection shall be 
     awarded in an amount equal to 50 percent of the total cost of 
     the products described in paragraph (1), but not to exceed 
     $250 per home.
       (f) Qualification for Rebate Under Silver Star Home 
     Retrofit Program.--On submission of a claim by a rebate 
     aggregator to the system established under section 3005, the 
     Secretary shall provide reimbursement to the rebate 
     aggregator for reduced-cost energy-efficiency measures 
     installed in a home, if--
       (1) the measures undertaken for the retrofit are--
       (A) eligible measures described on the list established 
     under subsection (b);
       (B) installed properly in accordance with applicable 
     technical specifications; and
       (C) installed by a qualified contractor;
       (2) the amount of the rebate does not exceed the maximum 
     amount described in subsection (d)(4);
       (3) not less than--
       (A) 20 percent of the retrofits performed by each qualified 
     contractor under this section are randomly subject to a 
     third-party field verification of all work associated with 
     the retrofit by a quality assurance provider; or
       (B) in the case of qualified contractor that uses a 
     certified workforce, 10 percent of the retrofits performed 
     under this section are randomly subject to a third-party 
     field verification of all work associated with the retrofit 
     by a quality assurance provider; and
       (4)(A) the installed measures will be brought into 
     compliance with the specifications and quality standards for 
     the Home Star Retrofit Rebate Program, by the installing 
     qualified contractor, at no additional cost to the homeowner, 
     not later than 14 days after the date of notification of a 
     defect, if a field verification by a quality assurance 
     provider finds that corrective work is needed;
       (B) a subsequent quality assurance visit is conducted to 
     evaluate the remedy not later than 7 days after notification 
     by the contractor that the defect has been corrected; and
       (C) notification of disposition of the visit occurs not 
     later than 7 days after the date of that visit.
       (g) Homeowner Complaints.--
       (1) In general.--During the 1-year warranty period, a 
     homeowner may make a complaint under the quality assurance 
     program that compliance with the requirements of this section 
     has not been achieved.
       (2) Verification.--
       (A) In general.--The quality assurance program shall 
     provide that, on receiving a complaint under paragraph (1), 
     an independent quality assurance provider shall conduct field 
     verification on the retrofit work performed by the 
     contractor.
       (B) Administration.--A verification under this paragraph 
     shall be--
       (i) in addition to verifications conducted under subsection 
     (f)(3); and
       (ii) corrected in accordance with subsection (f)(4).
       (h) Audits.--
       (1) In general.--On making payment for a submission under 
     this section, the Secretary shall review rebate requests to 
     determine whether program requirements were met in all 
     respects.
       (2) Incorrect payment.--On a determination of the Secretary 
     under paragraph (1) that a payment was made incorrectly to a 
     party, the Secretary may--
       (A) recoup the amount of the incorrect payment; or
       (B) withhold the amount of the incorrect payment from the 
     next payment made to the party pursuant to a subsequent 
     request.

     SEC. 3008. GOLD STAR HOME RETROFIT PROGRAM.

       (a) In General.--If the energy efficiency or water savings 
     retrofit of a home is carried out after the date of enactment 
     of this Act by an accredited contractor in accordance with 
     this section, a rebate shall be awarded for retrofits that 
     achieve whole home energy or water savings.
       (b) Amount of Rebate.--
       (1) Energy savings.--Subject to subsection (e), the amount 
     of a rebate provided to the owner of a home or a designee of 
     the owner for energy savings under this section shall be--
       (A) $3,000 for a 20-percent reduction in whole home energy 
     consumption; and
       (B) an additional $1,000 for each additional 5-percent 
     reduction up to the lower of--
       (i) $8,000; or
       (ii) 50 percent of the total retrofit cost (including the 
     cost of audit and diagnostic procedures).
       (2) Water savings.--Subject to subsection (e), the amount 
     of a rebate provided to the owner of a home or a designee of 
     the owner for a reduction in water consumption under this 
     section shall be--
       (A) $500 for measures that achieve a 20-percent reduction 
     in water consumption; and
       (B) an additional $100 for each additional 5-percent 
     reduction in water consumption up to the lower of--
       (i) $1,200; or
       (ii) 50 percent of the total retrofit cost (including the 
     cost of audit and diagnostic procedures).
       (c) Energy and Water Savings.--
       (1) In general.--Reductions in whole home energy or water 
     consumption under this section shall be determined by a 
     comparison of the simulated energy or water consumption of 
     the home before and after the retrofit of the home.
       (2) Documentation.--The percent improvement in energy or 
     water consumption under this section shall be documented 
     through--
       (A)(i) the use of a whole home simulation software program 
     that has been approved as a commercial alternative under the 
     Weatherization Assistance Program for Low-Income Persons 
     established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.); or
       (ii) a equivalent performance test established by the 
     Secretary, in consultation with the Administrator; or
       (B)(i) the use of a whole home simulation software program 
     that has been approved under RESNET Publication No. 06-001 
     (or a successor publication approved by the Secretary);
       (ii) an equivalent performance test established by the 
     Secretary; or
       (iii) a State-certified equivalent rating network, as 
     specified by IRS Notice 2008-35; or
       (iv) a HERS rating system required by State law.
       (3) Monitoring.--The Secretary--
       (A) shall continuously monitor the software packages used 
     for determining rebates under this section; and
       (B) may disallow the use of software programs that 
     improperly assess energy or water savings.
       (4) Assumptions and testing.--The Secretary may--
       (A) establish simulation tool assumptions for the 
     establishment of the pre-retrofit energy or water 
     consumption;
       (B) require compliance with software performance tests 
     covering--
       (i) mechanical system performance;
       (ii) duct distribution system efficiency;
       (iii) hot water performance; or
       (iv) other measures; and
       (C) require the simulation of pre-retrofit energy or water 
     usage to be bounded by metered pre-retrofit energy or water 
     usage.
       (5) Recommended measures.--The simulation tool shall have 
     the ability at a minimum to assess the savings associated 
     with all the measures for which incentives are specifically 
     provided under the Silver Star Home Retrofit Program.
       (6) Quantification of water savings.--Not later than 180 
     days after the date of enactment of this Act, the Secretary, 
     in consultation with the Administrator, shall make public an 
     approved methodology for use in quantifying reductions in 
     water consumption for the purpose of carrying out this 
     section.
       (d) Qualification for Rebate Under Gold Star Home Retrofit 
     Program.--On submission of a claim by a rebate aggregator to 
     the system established under section 3005, the Secretary 
     shall provide reimbursement to the rebate aggregator for 
     reduced-cost whole-home retrofits, if--
       (1) the retrofit is performed by an accredited contractor;
       (2) the amount of the reimbursement is not more than the 
     amount described in subsection (b);
       (3) documentation described in subsection (c) is 
     transmitted with the claim;
       (4) a home receiving a whole-home retrofit is subject to 
     random third-party field verification by a quality assurance 
     provider in accordance with subsection (e); and
       (5)(A) the installed measures will be brought into 
     compliance with the specifications and quality standards for 
     the Home Star Retrofit Rebate Program, by the installing 
     qualified contractor, at no additional cost to the homeowner, 
     not later than 14 days after the date of notification of a 
     defect if a field verification by a quality assurance 
     provider finds that corrective work is needed;
       (B) a subsequent quality assurance visit is conducted to 
     evaluate the remedy not later than 7 days after notification 
     by the contractor that the defect has been corrected; and
       (C) notification of disposition of the visit occurs not 
     later than 7 days after the date of that visit.
       (e) Verification.--
       (1) In general.--Subject to paragraph (2), all work 
     installed in a home receiving a whole-home retrofit by an 
     accredited contractor under this section shall be subject to 
     random third-party field verification by a quality assurance 
     provider at a rate of--
       (A) 15 percent; or
       (B) in the case of work performed by an accredited 
     contractor using a certified workforce, 10 percent.
       (2) Verification not required.--A home shall not be subject 
     to random third-party field verification under this section 
     if--
       (A) a post-retrofit home energy or water rating is 
     conducted by an eligible certifier in accordance with--

[[Page S6434]]

       (i) RESNET Publication No. 06-001 (or a successor 
     publication approved by the Secretary);
       (ii) a State-certified equivalent rating network, as 
     specified in IRS Notice 2008-35; or
       (iii) a HERS rating system required by State law;
       (B) the eligible certifier is independent of the qualified 
     contractor or accredited contractor in accordance with RESNET 
     Publication No. 06-001 (or a successor publication approved 
     by the Secretary); and
       (C) the rating includes field verification of measures.
       (f) Homeowner Complaints.--
       (1) In general.--A homeowner may make a complaint under the 
     quality assurance program during the 1-year warranty period 
     that compliance with the requirements of this section has not 
     been achieved.
       (2) Verification.--
       (A) In general.--The quality assurance program shall 
     provide that, on receiving a complaint under paragraph (1), 
     an independent quality assurance provider shall conduct field 
     verification on the retrofit work performed by the 
     contractor.
       (B) Administration.--A verification under this paragraph 
     shall be--
       (i) in addition to verifications conducted under subsection 
     (e)(1); and
       (ii) corrected in accordance with subsection (e).
       (g) Audits.--
       (1) In general.--On making payment for a submission under 
     this section, the Secretary shall review rebate requests to 
     determine whether program requirements were met in all 
     respects.
       (2) Incorrect payment.--On a determination of the Secretary 
     under paragraph (1) that a payment was made incorrectly to a 
     party, the Secretary may--
       (A) recoup the amount of the incorrect payment; or
       (B) withhold the amount of the incorrect payment from the 
     next payment made to the party pursuant to a subsequent 
     request.

     SEC. 3009. GRANTS TO STATES AND INDIAN TRIBES.

       (a) In General.--A State or Indian tribe that receives a 
     grant under subsection (d) shall use the grant for--
       (1) administrative costs;
       (2) oversight of quality assurance programs;
       (3) development and implementation of ongoing quality 
     assurance framework;
       (4) establishment and delivery of financing pilots in 
     accordance with this title;
       (5) coordination with existing residential retrofit 
     programs and infrastructure development to assist deployment 
     of the Home Star program;
       (6) assisting in the delivery of services to rental units; 
     and
       (7) the costs of carrying out the responsibilities of the 
     State or Indian tribe under the Silver Star Home Retrofit 
     Program and the Gold Star Home Retrofit Program.
       (b) Initial Grants.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary shall make the 
     initial grants available under this section.
       (c) Indian Tribes.--The Secretary shall reserve an 
     appropriate amount of funding to be made available to carry 
     out this section for each fiscal year to make grants 
     available to Indian tribes under this section.
       (d) State Allotments.--From the amounts made available to 
     carry out this section for each fiscal year remaining after 
     the reservation required under subsection (c), the Secretary 
     shall make grants available to States in accordance with 
     section 3016.
       (e) Quality Assurance Programs.--
       (1) In general.--A State or Indian tribe may use a grant 
     made under this section to carry out a quality assurance 
     program that is--
       (A) operated as part of a State energy conservation plan 
     established under part D of title III of the Energy Policy 
     and Conservation Act (42 U.S.C. 6321 et seq.);
       (B) managed by the office or the designee of the office 
     that is--
       (i) responsible for the development of the plan under 
     section 362 of that Act (42 U.S.C. 6322); and
       (ii) to the maximum extent practicable, conducting an 
     existing efficiency program; and
       (C) in the case of a grant made to an Indian tribe, managed 
     by an entity designated by the Indian tribe to carry out a 
     quality assurance program or a national quality assurance 
     program manager.
       (2) Noncompliance.--If the Secretary determines that a 
     State or Indian tribe has not provided or cannot provide 
     adequate oversight over a quality assurance program to ensure 
     compliance with this title, the Secretary may--
       (A) withhold further quality assurance funds from the State 
     or Indian tribe; and
       (B) require that quality assurance providers operating in 
     the State or by the Indian tribe be overseen by a national 
     quality assurance program manager selected by the Secretary.
       (f) Implementation.--A State or Indian tribe that receives 
     a grant under this section may implement a quality assurance 
     program through the State, the Indian tribe, or a third party 
     designated by the State or Indian tribe, including--
       (1) an energy or water service company;
       (2) an electric utility;
       (3) a natural gas utility;
       (4) a third-party administrator designated by the State or 
     Indian tribe;
       (5) a unit of local government; or
       (6) a public or private water utility.
       (g) Public-private Partnerships.--A State or Indian tribe 
     that receives a grant under this section are encouraged to 
     form partnerships with utilities, energy service companies, 
     and other entities--
       (1) to assist in marketing a program;
       (2) to facilitate consumer financing;
       (3) to assist in implementation of the Silver Star Home 
     Retrofit Program and the Gold Star Home Retrofit Program, 
     including installation of qualified retrofit measures; and
       (4) to assist in implementing quality assurance programs.
       (h) Coordination of Rebate and Existing State-sponsored 
     Programs.--
       (1) In general.--A State or Indian tribe shall, to the 
     maximum extent practicable, prevent duplication through 
     coordination of a program authorized under this title with--
       (A) the Energy Star appliance rebates program authorized 
     under the American Recovery and Reinvestment Act of 2009 
     (Public Law 111-5; 123 Stat. 115); and
       (B) comparable programs planned or operated by States, 
     political subdivisions, electric and natural gas utilities, 
     Federal power marketing administrations, and Indian tribes.
       (2) Existing programs.--In carrying out this subsection, a 
     State or Indian tribe shall--
       (A) give priority to--
       (i) comprehensive retrofit programs in existence on the 
     date of enactment of this Act, including programs under the 
     supervision of State utility regulators; and
       (ii) using Home Star funds made available under this title 
     to enhance and extend existing programs; and
       (B) seek to enhance and extend existing programs by 
     coordinating with administrators of the programs.

     SEC. 3010. QUALITY ASSURANCE FRAMEWORK.

       (a) In General.--Not later than 180 days after the date 
     that the Secretary initially provides funds to a State under 
     this title, the State shall submit to the Secretary a plan to 
     implement a quality assurance framework.
       (b) Model State Plans.--The Secretary shall--
       (1) as soon as practicable after the date of enactment of 
     this Act, solicit the submission of model State quality 
     assurance framework plans that are consistent with this 
     section; and
       (2) not later than 60 days after the date of enactment or 
     the receipt of funding to carry out this title (whichever is 
     later), approve 1 or more such model plans that incorporate 
     nationally consistent high standards for optional use by 
     States.
       (c) Implementation.--The State shall--
       (1) develop a quality assurance framework in consultation 
     with industry stakeholders, including representatives of 
     efficiency program managers, contractors, and environmental, 
     efficiency, and labor organizations; and
       (2) implement the quality assurance framework not later 
     than 1 year after the date of enactment of this Act.
       (d) Components.--The quality assurance framework 
     established under this section shall include--
       (1) a requirement that contractors performing covered 
     retrofits meet--
       (A) the accreditation, workforce certification, and all 
     other requirements established under section 3004(b); and
       (B) minimum standards for accredited contractors, 
     including--
       (i) compliance with applicable Federal, State, and local 
     laws;
       (ii) maintenance of records needed to verify compliance; 
     and
       (iii) use of independent contractors only when 
     appropriately classified as such pursuant to Revenue Ruling 
     87-41 and section 530 of the Revenue Act of 1978 and relevant 
     State law;
       (2) maintenance of a list of accredited contractors;
       (3) requirements for maintenance and delivery to the 
     Federal Rebate Processing System of information needed to 
     verify compliance and ensure appropriate compensation for 
     quality assurance providers;
       (4) targets and realistic plans for--
       (A) the recruitment of minority- and women-owned small 
     business enterprises;
       (B) the employment of graduates of training programs that 
     primarily serve targeted workers;
       (C) the employment of targeted workers; and
       (D) the availability of financial assistance under the Home 
     Star loan program to--
       (i) public use microdata areas that have a poverty rate of 
     12 percent or more; and
       (ii) homeowners served by units of local government in 
     jurisdictions that have an unemployment rate that is 2 
     percent higher than the national unemployment rate;
       (5) a plan to link workforce training for efficiency 
     retrofits with training for the broader range of skills and 
     occupations in construction or emerging clean energy 
     industries;
       (6) quarterly reports to the Secretary on the progress of 
     implementation of the quality assurance framework and any 
     success in meeting the targets and plans; and
       (7) maintenance of a list of qualified quality assurance 
     providers and minimum standards for the quality assurance 
     providers.
       (e) Noncompliance.--If the Secretary determines that a 
     State that has elected to implement a quality assurance 
     program, but has failed to plan, develop, or implement a

[[Page S6435]]

     quality assurance framework in accordance with this section, 
     the Secretary shall suspend further grants for State 
     administration pursuant to section 3016(b)(1).
       (f) Coordination.--The Secretary shall take reasonable 
     steps consistent with the existing authority of the Secretary 
     to promote coordination between State quality assurance 
     frameworks and any residential retrofit program funded in 
     whole or in part by the Secretary, which may include the 
     adoption of standards established under the quality assurance 
     frameworks and the use of participating accredited 
     contractors.
       (g) Exclusions.--The quality assurance frameworks shall not 
     apply to any measures or activities under the Silver Star 
     Home Retrofit Program.

     SEC. 3011. REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to 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 use of funds under this 
     title.
       (b) Contents.--The report shall include a description of--
       (1) the savings produced as a result of this title;
       (2) the direct and indirect employment created as a result 
     of the programs supported by the funds provided under this 
     title;
       (3) the specific entities implementing the efficiency 
     programs;
       (4) the beneficiaries who received the efficiency 
     improvements;
       (5) the manner in which funds provided under this title 
     were used;
       (6) the sources (such as mortgage lenders, utility 
     companies, and local governments) and types of financing used 
     by the beneficiaries to finance the retrofit expenses that 
     were not covered by grants provided under this title; and
       (7) the results of verification requirements; and
       (8) any other information the Secretary considers 
     appropriate
       (c) Noncompliance.--If the Secretary determines that a 
     rebate aggregator, State, or Indian tribe has not provided 
     the information required under this section, the Secretary 
     shall provide to the rebate aggregator, State, or Indian 
     tribe a period of at least 90 days to provide any necessary 
     information, subject to penalties imposed by the Secretary 
     for entities other than States and Indian tribes, which may 
     include withholding of funds or reduction of future grant 
     amounts.

     SEC. 3012. ADMINISTRATION.

       (a) In General.--Subject to section 3016(b), not later than 
     30 days after the date of enactment of this Act, the 
     Secretary shall provide such administrative and technical 
     support to rebate aggregators, States, and Indian tribes as 
     is necessary to carry out the functions designated to States 
     under this title.
       (b) Appointment of Personnel.--Notwithstanding the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service and General Schedule 
     classifications and pay rates, the Secretary may appoint such 
     professional and administrative personnel as the Secretary 
     considers necessary to carry out this title.
       (c) Rate of Pay.--The rate of pay for a person appointed 
     under subsection (a) shall not exceed the maximum rate 
     payable for GS-15 of the General Schedule under chapter 53 of 
     title 5, United States Code.
       (d) Consultants.--Notwithstanding section 303 of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253), the Secretary may retain such consultants on a 
     noncompetitive basis as the Secretary considers necessary to 
     carry out this title.
       (e) Contracting.--In carrying out this title, the Secretary 
     may waive all or part of any provision of the Competition in 
     Contracting Act of 1984 (Public Law 98-369; 98 Stat. 1175), 
     an amendment made by that Act, or the Federal Acquisition 
     Regulation on a determination that circumstances make 
     compliance with the provisions contrary to the public 
     interest.
       (f) Regulations.--
       (1) In general.--Notwithstanding section 553 of title 5, 
     United States Code, the Secretary may issue regulations that 
     the Secretary, in the sole discretion of the Secretary, 
     determines necessary to carry out the Home Star Retrofit 
     Rebate Program.
       (2) Deadline.--If the Secretary determines that regulations 
     described in paragraph (1) are necessary, the regulations 
     shall be issued not later than 60 days after the date of the 
     enactment of this Act.
       (3) Limitations.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall not use the authority provided under this subsection--
       (i) to develop, adopt, or implement a public labeling 
     system that rates and compares the energy or water 
     performance of 1 home with another home; or
       (ii) to require the public disclosure of an energy or water 
     performance evaluation or rating developed for any specific 
     home.
       (B) Administration.--Nothing in this paragraph precludes--
       (i) the computation, collection, or use by the Secretary, 
     rebate aggregators, quality assurance providers, or States, 
     for the purposes of carrying out sections 3007 and 3008, of 
     information on the rating and comparison of the energy and 
     water performance of homes with and without energy or water 
     efficiency features or an energy or water performance 
     evaluation or rating;
       (ii) the use and publication of aggregate data (without 
     identifying individual homes or participants) based on 
     information referred to in clause (i) to determine or 
     demonstrate the performance of the Home Star program; or
       (iii) the provision of information referred to in clause 
     (i) with respect to a specific home--

       (I) to the State, homeowner, quality assurance provider, 
     rebate aggregator, or contractor performing retrofit work on 
     that home, or an entity providing Home Star services, as 
     necessary to enable carrying out this title; or
       (II) for purposes of prosecuting fraud or abuse.

       (4) Watersense products or services.--In issuing 
     regulations under this subsection, the Secretary shall 
     coordinate with the Administrator to carry out the provisions 
     of the Home Star Retrofit Rebate Program relating to 
     WaterSense products or services.
       (g) Information Collection.--Chapter 35 of title 44, United 
     States Code, shall not apply to any information collection 
     requirement necessary for the implementation of the Home Star 
     Retrofit Rebate Program.
       (h) Adjustment of Rebate Amounts.--Effective beginning on 
     the date that is 180 days after the date of enactment of this 
     Act, the Secretary may, after not less than 30 days public 
     notice, prospectively adjust the rebate amounts provided in 
     this section based on--
       (1) the use of the Silver Star Home Retrofit Program and 
     the Gold Star Home Retrofit Program; and
       (2) other program data.

     SEC. 3013. TREATMENT OF REBATES.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, rebates received for eligible measures under this 
     title--
       (1) shall not be considered taxable income to a homeowner;
       (2) shall prohibit the consumer from applying for a tax 
     credit allowed under section 25C or 25D of that Code for the 
     same eligible measures performed in the home of the 
     homeowner; and
       (3) shall be considered a credit allowed under section 25C 
     or 25D of that Code for purposes of any limitation on the 
     amount of the credit under that section.
       (b) Notice.--
       (1) In general.--A participating contractor shall provide 
     notice to a homeowner of the provisions of subsection (a) 
     before eligible work is performed in the home of the 
     homeowner.
       (2) Notice in rebate form.--A homeowner shall be notified 
     of the provisions of subsection (a) in the appropriate rebate 
     form developed by the Secretary, in consultation with the 
     Secretary of the Treasury.
       (3) Availability of rebate form.--A participating 
     contractor shall obtain the rebate form on a designated 
     website in accordance with section 3003(b)(1)(A)(iii).

     SEC. 3014. PENALTIES.

       (a) In General.--It shall be unlawful for any person to 
     violate this title (including any regulation issued under 
     this title), other than a violation as the result of a 
     clerical error.
       (b) Civil Penalty.--Any person who commits a violation of 
     this title shall be liable to the United States for a civil 
     penalty in an amount that is not more than the higher of--
       (1) $15,000 for each violation; or
       (2) 3 times the value of any associated rebate under this 
     title.
       (c) Administration.--The Secretary may--
       (1) assess and compromise a penalty imposed under 
     subsection (b); and
       (2) require from any entity the records and inspections 
     necessary to enforce this title.
       (d) Exclusion.--A State may bar a contractor from receiving 
     receive rebates under this title if the contractor has 
     committed repeated violations of this title.
       (e) Fraud.--In addition to any civil penalty, any person 
     who commits a fraudulent violation of this title shall be 
     subject to criminal prosecution.

     SEC. 3015. HOME STAR EFFICIENCY LOAN PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible participant.--The term ``eligible 
     participant'' means a homeowner who receives financial 
     assistance from a qualified financing entity to carry out 
     energy or water efficiency or renewable energy improvements 
     to an existing home or other residential building of the 
     homeowner in accordance with the Gold Star Home Retrofit 
     Program or the Silver Star Home Retrofit Program.
       (2) Program.--The term ``program'' means the Home Star 
     Efficiency Loan Program established under subsection (b).
       (3) Qualified financing entity.--The term ``qualified 
     financing entity'' means a State, political subdivision of a 
     State, tribal government, electric utility, natural gas 
     utility, nonprofit or community-based organization, energy 
     service company, retailer, public water system, or any other 
     qualified entity that--
       (A) meets the eligibility requirements of this section; and
       (B) is designated by the Governor of a State in accordance 
     with subsection (e).
       (4) Qualified loan program mechanism.--The term ``qualified 
     loan program mechanism'' means a loan program that is--
       (A) administered by a qualified financing entity; and
       (B) principally funded--
       (i) by funds provided by or overseen by a State or local 
     government; or

[[Page S6436]]

       (ii) through the energy loan program of the Federal 
     National Mortgage Association.
       (b) Establishment.--The Secretary shall establish a Home 
     Star Efficiency Loan Program under which the Secretary shall 
     make funds available to States to support financial 
     assistance provided by qualified financing entities for 
     making, to existing homes, efficiency improvements that 
     qualify under the Gold Star Home Retrofit Program or the 
     Silver Star Home Retrofit Program.
       (c) Eligibility of Qualified Financing Entities.--To be 
     eligible to participate in the program, a qualified financing 
     entity shall--
       (1) offer a financing product under which eligible 
     participants may pay over time for the cost to the eligible 
     participant (after all applicable Federal, State, local, and 
     other rebates or incentives are applied) of making 
     improvements described in subsection (b);
       (2) require all financed improvements to be performed by 
     contractors in a manner that meets minimum standards that are 
     at least as stringent as the standards provided under 
     sections 3007 and 3008; and
       (3) establish standard underwriting criteria to determine 
     the eligibility of program applicants, which criteria shall 
     be consistent with--
       (A) with respect to unsecured consumer loan programs, 
     standard underwriting criteria used under the energy loan 
     program of the Federal National Mortgage Association; or
       (B) with respect to secured loans or other forms of 
     financial assistance, commercially recognized best practices 
     applicable to the form of financial assistance being provided 
     (as determined by the designated entity administering the 
     program in the State).
       (d) Allocation.--In making funds available to States for 
     each fiscal year under this section, the Secretary shall use 
     the formula used to allocate funds to States to carry out 
     State energy conservation plans established under part D of 
     title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.).
       (e) Qualified Financing Entities.--Before making funds 
     available to a State under this section, the Secretary shall 
     require the Governor of the State to provide to the Secretary 
     a letter of assurance that the State--
       (1) has 1 or more qualified financing entities that meet 
     the requirements of this section;
       (2) has established a qualified loan program mechanism 
     that--
       (A) includes a methodology to ensure credible energy or 
     water savings or renewable energy generation;
       (B) incorporates an effective repayment mechanism, which 
     may include--
       (i) on-utility-bill repayment;
       (ii) tax assessment or other form of property assessment 
     financing;
       (iii) municipal service charges;
       (iv) energy, water, or energy or water efficiency services 
     contracts;
       (v) efficiency power purchase agreements;
       (vi) unsecured loans applying the underwriting requirements 
     of the energy loan program of the Federal National Mortgage 
     Association; or
       (vii) alternative contractual repayment mechanisms that 
     have been demonstrated to have appropriate risk mitigation 
     features; and
       (C) will provide, in a timely manner, all information 
     regarding the administration of the program as the Secretary 
     may require to permit the Secretary to meet the reporting 
     requirements of subsection (h).
       (f) Use of Funds.--Funds made available to States under the 
     program may be used to support financing products offered by 
     qualified financing entities to eligible participants for 
     eligible efficiency work, by providing--
       (1) interest rate reductions;
       (2) loan loss reserves or other forms of credit 
     enhancement;
       (3) revolving loan funds from which qualified financing 
     entities may offer direct loans; or
       (4) other debt instruments or financial products 
     necessary--
       (A) to maximize leverage provided through available funds; 
     and
       (B) to support widespread deployment of efficiency finance 
     programs.
       (g) Use of Repayment Funds.--In the case of a revolving 
     loan fund established by a State described in subsection 
     (f)(3), a qualified financing entity may use funds repaid by 
     eligible participants under the program to provide financial 
     assistance for additional eligible participants to make 
     improvements described in subsection (b) in a manner that is 
     consistent with this section or other such criteria as are 
     prescribed by the State.
       (h) Program Evaluation.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a program evaluation that describes--
       (1) how many eligible participants have participated in the 
     program;
       (2) how many jobs have been created through the program, 
     directly and indirectly;
       (3) what steps could be taken to promote further deployment 
     of energy and water efficiency and renewable energy 
     retrofits;
       (4) the quantity of verifiable energy and water savings, 
     homeowner energy and water bill savings, and other benefits 
     of the program; and
       (5) the performance of the programs carried out by 
     qualified financing entities under this section, including 
     information on the rate of default and repayment.
       (i) Credit Support for Financing Programs.--Section 1705 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16516) (as amended 
     by section 2132(b)) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(5) Energy and water efficiency projects, including 
     projects to retrofit residential, commercial, and industrial 
     buildings, facilities, and equipment, including financing 
     programs that finance the retrofitting of residential, 
     commercial, and industrial buildings, facilities, and 
     equipment.''.
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following:
       ``(e) Credit Support for Financing Programs.--
       ``(1) In general.--In the case of programs that finance the 
     retrofitting of residential, commercial, and industrial 
     buildings, facilities, and equipment described in subsection 
     (a)(4), the Secretary may--
       ``(A) offer loan guarantees for portfolios of debt 
     obligations; and
       ``(B) purchase or make commitments to purchase portfolios 
     of debt obligations.
       ``(2) Term.--Notwithstanding section 1702(f), the term of 
     any debt obligation that receives credit support under this 
     subsection shall require full repayment over a period not to 
     exceed the lesser of--
       ``(A) 30 years; and
       ``(B) the projected weighted average useful life of the 
     measure or system financed by the debt obligation or 
     portfolio of debt obligations (as determined by the 
     Secretary).
       ``(3) Underwriting.--The Secretary may--
       ``(A) delegate underwriting responsibility for portfolios 
     of debt obligations under this subsection to financial 
     institutions that meet qualifications determined by the 
     Secretary; and
       ``(B) determine an appropriate percentage of loans in a 
     portfolio to review in order to confirm sound underwriting.
       ``(4) Administration.--Subsections (c) and (d)(3) of 
     section 1702 and subsection (c) of this section shall not 
     apply to loan guarantees made under this subsection.''.
       (j) Termination of Effectiveness.--The authority provided 
     by this section and the amendments made by this section 
     terminates effective on the date that is 2 years after the 
     date of enactment of this Act.

     SEC. 3016. FUNDING.

       (a) Funding.--
       (1) In general.--On October 1, 2010, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     title $5,000,000,000, to remain available until September 30, 
     2012.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this title the funds transferred under paragraph (1), without 
     further appropriation. 
       (3) Maintenance of funding.--Funds provided under this 
     section shall supplement and not supplant any Federal and 
     State funding provided to carry out efficiency programs in 
     existence on the date of enactment of this Act.
       (b) Grants to States.--
       (1) In general.--Of the amount provided under subsection 
     (a), $380,000,000 or not more than 6 percent, whichever is 
     less, shall be used to carry out section 3009.
       (2) Distribution to state energy offices.--
       (A) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall--
       (i) provide to State energy offices 25 percent of the funds 
     described in paragraph (1); and
       (ii) determine a formula to provide the balance of funds to 
     State energy offices through a performance-based system.
       (B) Allocation.--
       (i) Allocation formula.--Funds described in subparagraph 
     (A)(i) shall be made available in accordance with the 
     allocation formula for State energy conservation plans 
     established under part D of title III of the Energy Policy 
     and Conservation Act (42 U.S.C. 6321 et seq.).
       (ii) Performance-based system.--The balance of the funds 
     described in subparagraph (A)(ii) shall be made available in 
     accordance with the performance-based system described in 
     subparagraph (A)(ii) designed to support the objectives of 
     achieving efficiency gains, employment of underemployed 
     workers, and implementing quality assurance programs and 
     frameworks in participating States.
       (c) Quality Assurance Costs.--
       (1) In general.--Of the amount provided under subsection 
     (a), not more than 5 percent shall be used to carry out the 
     quality assurance provisions of this title.
       (2) Management.--Funds provided under this subsection shall 
     be overseen by--
       (A) State energy offices described in subsection (b)(2); or
       (B) other entities determined by the Secretary to be 
     eligible to carry out quality assurance functions under this 
     title.
       (3) Distribution to quality assurance providers or rebate 
     aggregators.--The Secretary shall use funds provided under 
     this subsection to compensate quality assurance providers, or 
     rebate aggregators, for services under the Silver Star Home 
     Retrofit Program or the Gold Star Home Retrofit Program 
     through the Federal Rebate Processing Center based on the 
     services provided to contractors under a quality assurance 
     program and rebate aggregation.

[[Page S6437]]

       (4) Incentives.--The amount of incentives provided to 
     quality assurance providers or rebate aggregators shall be--
       (A)(i) in the case of the Silver Star Home Retrofit 
     Program--
       (I) $25 per rebate review and submission provided under the 
     program; and
       (II) $150 for each field inspection conducted under the 
     program; and
       (ii) in the case of the Gold Star Home Retrofit Program--
       (I) $35 for each rebate review and submission provided 
     under the program; and
       (II) $300 for each field inspection conducted under the 
     program; or
       (B) such other amounts as the Secretary considers necessary 
     to carry out the quality assurance provisions of this title.
       (d) Tracking of Rebates and Expenditures.--Of the amount 
     provided under subsection (a), not more than $150,000,000 
     shall be used for costs associated with database systems to 
     track rebates and expenditures under this title and related 
     administrative costs incurred by the Secretary.
       (e) Public Education and Coordination.--Of the amount 
     provided under subsection (a), not more than $10,000,000 
     shall be used for costs associated with public education and 
     coordination with the Federal Energy Star program incurred by 
     the Administrator.
       (f) Indian Tribes.--Of the amount provided under subsection 
     (a), the Secretary shall reserve not more than 3 percent to 
     make grants available to Indian tribes under this section.
       (g) Silver Star Home Retrofit Program.--
       (1) In general.--In the case of the Silver Star Home 
     Retrofit Program, of the amount provided under subsection (a) 
     after funds are provided in accordance with subsections (b) 
     through (f), \2/3\ of the remaining funds for the 1-year 
     period beginning on the date of enactment of this Act (less 
     any amounts required under subsection (f)) shall be used by 
     the Secretary to provide rebates and incentives authorized 
     under the Silver Star Home Retrofit Program.
       (2) Products purchased without installation services.--Of 
     the amounts made available for the Silver Star Home Retrofit 
     Program under this section, not more than $250,000,000 shall 
     be made available for rebates under section 3007(e).
       (h) Gold Star Home Retrofit Program.--
       (1) In general.--In the case of the Gold Star Home Retrofit 
     Program, of the amount provided under subsection (a) after 
     funds are provided in accordance with subsections (b) through 
     (g), \1/3\ of the remaining funds for the 2-year period 
     beginning on the date of enactment of this Act (less any 
     amounts required under subsection (f)) shall be used by the 
     Secretary to provide rebates and incentives authorized under 
     the Gold Star Home Retrofit Program.
       (2) Water efficiency retrofits.--Of the amounts made 
     available for the Gold Star Home Retrofit Program under this 
     section, $70,000,000 shall be made available for rebates for 
     water efficiency retrofits under section 3008.
       (i) Program Review and Backstop Funding.--
       (1) Review and analysis.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall perform a State-
     by-State analysis and review the distribution of Home Star 
     retrofit rebates under this title.
       (B) Rental units.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary shall perform a 
     review and analysis, with input and review from the Secretary 
     of Housing and Urban Development, of the procedures for 
     delivery of services to rental units.
       (2) Adjustment.--The Secretary may allocate technical 
     assistance funding to assist States that, as determined by 
     the Secretary--
       (A) have not sufficiently benefitted from the Home Star 
     Retrofit Rebate Program; or
       (B) in which rental units have not been adequately served.
       (j) Return of Undisbursed Funds.--
       (1) Silver star home retrofit program.--If the Secretary 
     has not disbursed all the funds available for rebates under 
     the Silver Star Home Retrofit Program by the date that is 1 
     year after the date of enactment of this Act, any undisbursed 
     funds shall be made available to the Gold Star Home Retrofit 
     Program.
       (2) Gold star home retrofit program.--If the Secretary has 
     not disbursed all the funds available for rebates under the 
     Gold Star Home Retrofit Program by the date that is 2 years 
     after the date of enactment of this Act, any undisbursed 
     funds shall be returned to the Treasury.
       (k) Financing.--Of the amounts allocated to the States 
     under subsection (b), not less than $200,000,000 shall be 
     used to carry out the financing provisions of this title in 
     accordance with section 3015.

                 DIVISION D--PROTECTING THE ENVIRONMENT

    TITLE XL--LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Land and Water 
     Conservation Authorization and Funding Act of 2010''.

     SEC. 4002. PERMANENT AUTHORIZATION; FULL FUNDING.

       (a) Purposes.--The purposes of the amendments made by 
     subsection (b) are--
       (1) to provide consistent and reliable authority for, and 
     for the funding of, the land and water conservation fund 
     established under section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and
       (2) to maximize the effectiveness of the fund for future 
     generations.
       (b) Amendments.--
       (1) Permanent authorization.--Section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is 
     amended--
       (A) in the matter preceding subsection (a), by striking 
     ``During the period ending September 30, 2015, there'' and 
     inserting ``There''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by striking ``through September 30, 
     2015''; and
       (ii) in paragraph (2), by striking ``: Provided,'' and all 
     that follows through the end of the sentence and inserting a 
     period..
       (2) Full funding.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 
     to read as follows:

     ``SEC. 3. AVAILABILITY OF FUNDS.

       ``(a) In General.--
       ``(1) Fiscal years 2011 through 2015.--For each of fiscal 
     years 2011 through 2015, $900,000,000 of amounts covered into 
     the fund under section 2 shall be available for expenditure 
     to carry out the purposes of this Act, without further 
     appropriation.
       ``(2) Fiscal year 2016.--For fiscal year 2016--
       ``(A) $425,000,000 of amounts covered into the fund under 
     section 2 shall be available for expenditure to carry out the 
     purposes of this Act, without further appropriation; and
       ``(B) the remainder of amounts covered into the fund shall 
     be available subject to appropriations, which may be made 
     without fiscal year limitation.
       ``(3) Fiscal years 2017 through 2020.--For each of fiscal 
     years 2017 through 2020, amounts covered into the fund under 
     section 2 shall be available for expenditure to carry out the 
     purposes of this Act subject to appropriations, which may be 
     made without fiscal year limitation.
       ``(4) Fiscal year 2021 and subsequent fiscal years.--For 
     fiscal year 2021 and each fiscal year thereafter--
       ``(A) $500,000,000 of amounts covered into the fund under 
     section 2 shall be available to carry out the purposes of 
     this Act, without further appropriation; and
       ``(B) the remainder of amounts covered into the fund shall 
     be available subject to appropriations, which may be made 
     without fiscal year limitation.
       ``(b) Uses.--Amounts made available for obligation or 
     expenditure from the fund may be obligated or expended only 
     as provided in this Act.''.
       (c) Allocation of Land and Water Conservation Fund for 
     State and Federal Purposes.--Section 5 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
       (1) in the first sentence, by inserting ``or expenditures'' 
     after ``appropriations'';
       (2) in the second sentence--
       (A) by inserting ``or expenditures'' after 
     ``appropriations''; and
       (B) by inserting before the period at the end the 
     following: ``, including the amounts to be allocated from the 
     fund for Federal and State purposes''; and
       (3) by striking ``Those appropriations from'' and all that 
     follows through the end of the section.
       (d) Conforming Amendments.--Section 6(b) of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is 
     amended --
       (1) in the matter preceding paragraph (1), by inserting 
     ``or expended'' after ``appropriated'';
       (2) in paragraph (1)--
       (A) by inserting ``or expenditures'' after 
     ``appropriations''; and
       (B) by striking ``; and'' and inserting a period; and
       (3) in the first sentence of paragraph (2), by inserting 
     ``or expenditure'' after ``appropriation''.
       (e) Federal Land Acquisition Projects.--Section 7(a) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     9(a)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively;
       (2) in the matter preceding paragraph (2) (as redesignated 
     by paragraph (1), by striking ``Moneys appropriated'' and all 
     that follows through ``subpurposes'' and inserting the 
     following:
       ``(1) Priority list.--
       ``(A) In general.--The President shall transmit, as part of 
     the annual budget proposal, a priority list for Federal land 
     acquisition projects.
       ``(B) Availability of amounts.--
       ``(i) In general.--Amounts shall be made available from the 
     fund, without further appropriation, on the date that is 15 
     days after the date on which the Congress adjourns sine die 
     for each year, for the projects on the priority list of the 
     President, unless prior to that date, legislation is enacted 
     establishing an alternate priority list, in which case 
     amounts from the fund shall be made available, without 
     further appropriation, for expenditure on the projects on the 
     alternate priority list.
       ``(ii) Alternate priority list.--If Congress enacts 
     legislation establishing an alternate priority list and the 
     priority list provides for less than the amount made 
     available for that fiscal year under this subsection, the 
     difference between that amount and the amount required to 
     fund projects on

[[Page S6438]]

     the alternate priority list shall be available for 
     expenditure, without further appropriation, in accordance 
     with the priority list submitted by the President.
       ``(C) Duties of secretaries.--
       ``(i) In general.--In developing the annual land 
     acquisition priority list required under subparagraph (A), 
     the President shall require the Secretary of the Interior and 
     the Secretary of Agriculture to develop the priority list for 
     the sites under the jurisdiction of that Secretary.
       ``(ii) Consultation.--The Secretary of the Interior and the 
     Secretary of Agriculture shall prepare the priority list 
     described in subparagraph (A) in consultation with the head 
     of each affected Federal agency.
       ``(iii) Recreational access.--

       ``(I) In general.--In preparing the priority list under 
     subparagraph (A), the Secretary of the Interior and the 
     Secretary of Agriculture shall ensure that not less than 1.5 
     percent of the annual authorized funding amount is made 
     available each year for projects that secure recreational 
     public access to existing Federal public land for hunting, 
     fishing, and other recreational purposes through easements, 
     rights-of-way, or fee title acquisitions.
       ``(II) Acquisition of land.--For each recreational access 
     project carried out under subclause (I), the land or interest 
     in land shall be acquired by the Federal Government only from 
     willing sellers.''; and

       (3) in paragraph (2) (as redesignated by paragraph (1)), by 
     striking ``For the acquisition of land'' and all that follows 
     through ``as follows:'' and inserting the following:
       ``(3) Use of funds.--Amounts from the fund for the 
     acquisition of land, waters, or interests in land or waters 
     under this Act shall be used as follows:''.
       (f) Conforming Amendment.--Section 9 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-10a) is amended 
     in the first sentence by striking ``section 7(a)(1) of this 
     Act'' and inserting ``section 7(a)(2)''.

     TITLE XLI--NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE PROTECTION

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``National Wildlife Refuge 
     System Resource Protection Act of 2010''.

     SEC. 4102. DEFINITIONS.

       In this title:
       (1) Damages.--The term ``damages'' includes, when used in 
     connection with compensation--
       (A) compensation for--
       (i)(I) the cost of replacing, restoring, rehabilitating, or 
     acquiring the equivalent of a refuge system resource; and
       (II) the value of any significant loss of use of a refuge 
     system resource pending its restoration or replacement or the 
     acquisition of an equivalent resource; or
       (ii) the value of the refuge system resource if the 
     resource cannot be replaced or restored; and
       (B) the cost of damage assessments under this section.
       (2) Fish and wildlife service system resource.--
       (A) In general.--The term ``Fish and Wildlife Service 
     system resource'' means any living or nonliving resource that 
     is located within the boundaries of a unit of--
       (i) the National Wildlife Refuge System;
       (ii) the National Fish Hatchery System; or
       (iii) other land managed by the United States Fish and 
     Wildlife Service.
       (B) Exclusion.--The term ``Fish and Wildlife Service system 
     resource'' does not include a resource owned by a non-Federal 
     entity.
       (3) Marine or aquatic refuge system resource.--
       (A) In general.--The term ``marine or aquatic refuge system 
     resource'' means any living or nonliving part of a marine or 
     aquatic regimen that is located within the boundaries of a 
     unit of--
       (i) the National Wildlife Refuge System; or
       (ii) the National Fish Hatchery System.
       (B) Exclusion.--The term ``marine or aquatic refuge system 
     resource'' does not include a resource owned by a non-Federal 
     entity.
       (4) Refuge system resource.--The term ``refuge system 
     resource'' means--
       (A) a Fish and Wildlife Service system resource; and
       (B) a marine or aquatic refuge system resource.
       (5) Regimen.--The term ``regimen'' means a water column and 
     submerged land, up to the high-tide or high-water line.
       (6) Response costs.--The term ``response costs'' means the 
     costs of actions taken by the Secretary--
       (A) to prevent or minimize destruction or loss of or injury 
     to refuge system resources;
       (B) to abate or minimize the imminent risk of such 
     destruction, loss, or injury; or
       (C) to monitor ongoing effects of incidents causing such 
     destruction, loss, or injury.

     SEC. 4103. LIABILITY.

       (a) In General.--Subject to subsection (c), any person that 
     destroys, damages, causes the loss of, or injures any refuge 
     system resource is liable to the United States for response 
     costs and damages resulting from the destruction, loss, or 
     injury.
       (b) Liability in Rem.--Any instrumentality (including a 
     vessel, vehicle, aircraft, or other equipment) that destroys, 
     causes the loss of, or injures any refuge system resource 
     shall be liable in rem to the United States for response 
     costs and damages resulting from the destruction, loss, or 
     injury to the same extent as a person is liable under 
     subsection (a).
       (c) Defenses.--A person shall not be liable under this 
     section if the person establishes that--
       (1) the destruction, loss of, or injury to the refuge 
     system resource was caused solely by an act of God or act of 
     war, if the person exercised due care to employ safety 
     precautions and best management practices to minimize 
     potential destruction, loss, or injury in advance of an act 
     of God or act of war;
       (2) the person acted with due care, and the destruction, 
     loss of, or injury to the refuge system resource was caused 
     solely by an act or omission of a third party, other than an 
     employee or agent of the person; or
       (3) the destruction, loss, or injury to the refuge system 
     resource was caused by an activity authorized by Federal or 
     State law, if the activity was conducted in accordance with 
     Federal and State law.
       (d) Scope.--Liability under this section shall be in 
     addition to any other liability that may arise under Federal 
     or State law.

     SEC. 4104. ACTIONS.

       (a) Civil Actions for Response Costs and Damages.--
       (1) In general.--If the Secretary makes a finding of damage 
     to a refuge system resource or makes a finding that, absent 
     response costs, damage to a refuge system resource will occur 
     and the Secretary requests the Attorney General to initiate 
     action, the Attorney General may commence a civil action in 
     the United States district court for the appropriate district 
     against any person that may be liable under section 4103 for 
     response costs and damages.
       (2) Requests for action.--The Secretary shall submit a 
     request for an action described in paragraph (1) to the 
     Attorney General if a person may be liable or an 
     instrumentality may be liable in rem for response costs and 
     damages under section 4103.
       (b) Response Actions and Assessment of Damages.--
       (1) In general.--The Secretary shall take all necessary 
     actions--
       (A) to prevent or minimize the destruction, loss of, or 
     injury to a refuge system resource; or
       (B) to minimize the imminent risk of such destruction, 
     loss, or injury.
       (2) Monitoring.--The Secretary shall assess and monitor 
     damages to refuge system resources.

     SEC. 4105. USE OF RECOVERED AMOUNTS.

       (a) In General.--Subject to subsections (b) and (c), 
     response costs and damages recovered by the Secretary under 
     this title or amounts recovered by the Federal Government 
     under any Federal, State, or local law (including 
     regulations) or otherwise as a result of damage to any living 
     or nonliving resource located within a unit managed by the 
     United States Fish and Wildlife Service (other than resources 
     owned by a non-Federal entity) shall be available to the 
     Secretary, without further appropriation--
       (1) to reimburse response costs and damage assessments 
     incurred by the Secretary or other Federal agencies as the 
     Secretary considers appropriate; or
       (2) to restore, replace, or acquire the equivalent of 
     resources that were the subject of an action and to monitor 
     and study the resources.
       (b) Acquisition.--No funds may be used under subsection (a) 
     to acquire any land, water, or interest or right in land or 
     water unless the acquisition is--
       (1) specifically approved in advance in an appropriations 
     Act; and
       (2) consistent with any limitations contained in the 
     organic law authorizing the refuge unit.
       (c) Excess Funds.--Any amounts remaining after expenditures 
     pursuant to subsection (a) shall be deposited into the 
     general fund of the Treasury.

     SEC. 4106. DONATIONS.

       (a) In General.--The Secretary may accept donations of 
     money or services for expenditure or employment to meet 
     expected, immediate, or ongoing response costs.
       (b) Availability.--The donations may be expended or 
     employed at any time after the acceptance of the donation, 
     without further appropriation.

              TITLE XLII--GULF COAST ECOSYSTEM RESTORATION

     SEC. 4201. GULF COAST ECOSYSTEM RESTORATION.

       (a) Definitions.--In this section:
       (1) Comprehensive plan.--The term ``comprehensive plan'' 
     means the comprehensive plan required by subsection (c).
       (2) Governors.--The term ``Governors'' means the Governors 
     of each of the States of Alabama, Florida, Louisiana, and 
     Mississippi.
       (3) Gulf coast ecosystem.--The term ``Gulf Coast 
     ecosystem'' means the coastal zones (as determined pursuant 
     to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.)) of the States of Alabama, Florida, Louisiana, and 
     Mississippi and adjacent State waters and areas of the outer 
     Continental Shelf, adversely impacted by 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.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Task force.--The term ``Task Force'' means the Gulf 
     Coast Ecosystem Restoration Task Force established by 
     subsection (g).
       (b) Gulf Coast Ecosystem Restoration.--

[[Page S6439]]

       (1) In general.--The Chair of the Task Force shall 
     undertake restoration activities in the Gulf Coast ecosystem 
     in accordance with this section.
       (2) Funding.--Subject to appropriations, of amounts in the 
     Oil Spill Liability Trust Fund, there shall be available to 
     the Chair of the Task Force to carry out this section 
     $2,500,000,000 for the period of fiscal years 2012 through 
     2021.
       (3) Authorized uses.--Amounts under paragraph (2) shall be 
     available to the Chair of the Task Force for the 
     conservation, protection, and restoration of the Gulf Coast 
     ecosystem in accordance with the comprehensive plan.
       (c) Comprehensive Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and after notice and opportunity for 
     public comment, the Chair of the Task Force shall develop a 
     proposed comprehensive plan for the purpose of long-term 
     conservation, protection, and restoration of biological 
     integrity, productivity, and ecosystem functions in the Gulf 
     Coast ecosystem.
       (2) Existing plans.--The Chair of the Task Force shall 
     incorporate, to the maximum extent practicable, any 
     applicable plans developed by local, State and Federal 
     agencies for the restoration of coastal wetland and other 
     areas of the Gulf Coast ecosystem.
       (d) Critical and Emergency Restoration Projects and 
     Activities.--If the Chair of the Task Force, in cooperation 
     with the Governors, determines that a restoration project or 
     activity will produce independent, immediate, and substantial 
     conservation, protection, or restoration benefits, and will 
     be consistent with overall restoration goals, the Chair of 
     the Task Force shall proceed expeditiously with the 
     implementation of the project or activity in accordance with 
     laws (including regulations) in existence on the date of 
     enactment of this Act.
       (e) Priority Projects.--
       (1) List.--
       (A) In general.--The comprehensive plan shall include a 
     list of specific projects to be funded and carried out during 
     the subsequent 3-year period.
       (B) Prerequisites.--Each project listed in the 
     comprehensive plan shall be--
       (i) consistent with the strategies identified in the 
     comprehensive plan; and
       (ii) cost-effective.
       (C) Updates.--The Task Force shall update annually the list 
     of projects in the comprehensive plan.
       (2) Selection.--The Task Force shall select projects and 
     activities to carry out under this section--
       (A) based on the best available science;
       (B) without regard to geographic location; and
       (C) with the highest priority to projects and activities 
     that will achieve the greatest contribution in restoring--
       (i) the ability of Gulf Coast ecosystems to become self-
     sustaining;
       (ii) biological productivity; and
       (iii) ecosystem function in the Gulf of Mexico.
       (f) Cost Sharing.--The Federal share of projects and 
     activities conducted under this section shall not exceed 65 
     percent, as determined by the Task Force.
       (g) Gulf Coast Ecosystem Restoration Task Force.--
       (1) In general.--There is established the Gulf Coast 
     Ecosystem Restoration Task Force.
       (2) Membership.--The Task Force shall consist of the 
     following members or, in the case of a Federal agency, a 
     designee at the level of Assistant Secretary or the 
     equivalent:
       (A) The Secretary of the Interior.
       (B) The Secretary of Commerce.
       (C) The Secretary of the Army.
       (D) The Attorney General.
       (E) The Secretary of Homeland Security.
       (F) The Administrator of the Environmental Protection 
     Agency.
       (G) The Commandant of the Coast Guard.
       (H) The Secretary of Transportation.
       (I) The Secretary of Agriculture.
       (J) A representative of each affected Indian tribe, 
     appointed by the Secretary based on the recommendations of 
     the tribal chairman.
       (K) 2 representatives of each of the States of Alabama, 
     Florida, Louisiana, and Mississippi, appointed by the 
     Governor of each State, respectively.
       (L) 2 representatives of local government within each of 
     the States of Alabama, Florida, Louisiana, and Mississippi, 
     appointed by the Governor of each State, respectively.
       (3) Chair.--The chair of the Task Force shall be a Federal 
     official appointed by the President.
       (4) Duties.--The Task Force shall--
       (A) consult with, and provide recommendations to, the Chair 
     of the Task Force during development of the comprehensive 
     plan;
       (B) coordinate the development of consistent policies, 
     strategies, plans, programs, projects, activities, and 
     priorities for addressing the restoration of the Gulf Coast 
     ecosystem;
       (C) establish a Gulf Coast-based working group composed of 
     representatives of members of the Task Force and other local 
     agencies and representatives as appropriate for purposes of 
     recommending, coordinating, and implementing policies, 
     programs, activities, and projects to accomplish Gulf Coast 
     ecosystem restoration;
       (D) coordinate scientific and other research associated 
     with restoration of the Gulf Coast ecosystem;
       (E) prepare an integrated financial plan and coordinated 
     budget requests for the funds proposed to be expended by the 
     agencies represented on the Task Force; and
       (F) submit an annual report to Congress that summarizes the 
     activities of the Task Force and the policies, plans, 
     activities, and projects for restoration of the Gulf Coast 
     ecosystem.
       (5) Application of federal advisory committee act.--The 
     Task Force and the working group established under paragraph 
     (4)(C) shall not be considered to be advisory committees 
     under the Federal Advisory Committee Act (5 U.S.C. App.).
       (h) Relationship to Other Law and Authority.--Nothing in 
     this section preempts or otherwise affects any Federal law or 
     limits the authority of any Federal agency.

              TITLE XLIII--HYDRAULIC FRACTURING CHEMICALS

     SEC. 4301. DISCLOSURE OF HYDRAULIC FRACTURING CHEMICALS.

       (a) Disclosure.--Title III of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11041 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 331. DISCLOSURE OF HYDRAULIC FRACTURING CHEMICALS.

       ``(a) In General.--
       ``(1) State authority.--A State that permits oil and 
     natural gas drilling--
       ``(A) may require any person using hydraulic fracturing for 
     an oil or natural gas well in the State to disclose to the 
     State, not later than 30 days after completion of drilling 
     the well, the list of chemicals used in each hydraulic 
     fracturing process (identified by well location and number), 
     including the chemical constituents of mixtures, Chemical 
     Abstracts Service registry numbers, and material safety data 
     sheets; and
       ``(B) shall make any such disclosure available to the 
     public, including a posting of the information online.
       ``(2) Disclosure if no state implementation.--If a State 
     that permits oil and natural gas drilling does not require 
     and make available disclosures in accordance with paragraph 
     (1) by December 31, 2011, or ceases to require and make 
     available disclosures in accordance with paragraph (1) after 
     that date, the operator of the oil or natural gas well in the 
     State shall make available to the public online, not later 
     than 30 days after completion of drilling the well, the list 
     of chemicals used in each hydraulic fracturing process 
     (identified by well location and number), including the 
     chemical constituents of mixtures, Chemical Abstracts Service 
     registry numbers, and material safety data sheets.
       ``(b) Proprietary Chemical Formulas; Medical Emergencies.--
       ``(1) In general.--Except as provided in this subsection, 
     this section does not require the disclosure of proprietary 
     chemical formulas used in hydraulic fracturing.
       ``(2) Disclosure in medical emergencies.--
       ``(A) In general.--If the State or the Administrator, or a 
     treating physician or nurse, determines that a medical 
     emergency exists and the proprietary chemical formulas, or 
     the identity, of 1 or more chemical constituents used in 
     hydraulic fracturing is necessary for medical treatment, the 
     person using hydraulic fracturing shall immediately disclose 
     the proprietary chemical formulas or the identity of the 
     chemical constituents to the State, the Administrator, or 
     that treating physician or nurse, regardless of the existence 
     of a written statement of need or a confidentiality 
     agreement.
       ``(B) Statement of need.--The person using hydraulic 
     fracturing may require a written statement of need and a 
     confidentiality agreement as soon thereafter as circumstances 
     permit.
       ``(c) Thresholds Inapplicable.--Threshold limitations under 
     this Act shall not apply to disclosures made under this 
     section.''.
       (b) Enforcement.--Section 325(c)(2) of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11045(c)(2)) is amended by striking ``section 311 or 323(b)'' 
     and inserting ``section 311, 323(b), 331(a)(2), or 331(b)''.

                   TITLE XLIV--WATERSHED RESTORATION

     SEC. 4401. WATERSHED RESTORATION.

       (a) In General.--The Secretary of Agriculture shall conduct 
     a program of watershed restoration and job stabilization for 
     the purposes of--
       (1) performing landscape scale restoration, reducing 
     hazardous fuels, increasing employment, and maintaining 
     infrastructure in timber communities; or
       (2) making biomass available for sustainable economic 
     development.
       (b) Eligible Projects.--The program conducted under this 
     section may include projects and activities for--
       (1) preparing and implementing riparian corridor 
     improvements;
       (2) fish and wildlife habitat improvements;
       (3) invasive species eradications;
       (4) nonsystem road decommissioning;
       (5) appropriate road density achievement;
       (6) forest health improvements; and
       (7) sustainable timber harvest and fuels treatments, 
     specifically for reducing the potential effects that fires 
     pose to water quality and communities.
       (c) Funding.--On October 1, 2010, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary of Agriculture 
     $75,000,000, to remain available until expended, for use in 
     carrying out this section.
       (d) Termination of Program.--The program conducted under 
     this section shall terminate on the date that is 10 years 
     after the date of enactment of this Act.

[[Page S6440]]

       (e) No Effect on Compliance With Laws.--Nothing in this 
     section affects or limits the application of, or obligation 
     to comply with, any law, including any public health or 
     environmental law.

                   DIVISION E--FISCAL RESPONSIBILITY

     SEC. 5001. MODIFICATIONS WITH RESPECT TO OIL SPILL LIABILITY 
                   TRUST FUND.

       (a) Extension of Application of Oil Spill Liability Trust 
     Fund Financing Rate.--Paragraph (2) of section 4611(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2017'' and inserting ``December 31, 2020''.
       (b) Increase in Oil Spill Liability Trust Fund Financing 
     Rate.--Subparagraph (B) of section 4611(c)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(B) the Oil Spill Liability Trust Fund financing rate is 
     45 cents a barrel.''.
       (c) Increase in Per Incident Limitations on Expenditures.--
     Subparagraph (A) of section 9509(c)(2) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``$1,000,000,000'' in clause (i) and 
     inserting ``$5,000,000,000'';
       (2) by striking ``$500,000,000'' in clause (ii) and 
     inserting ``$2,500,000,000''; and
       (3) by striking ``$1,000,000,000 per incident, etc'' in the 
     heading and inserting ``Per incident limitations''.
       (d) Effective Date.--
       (1) Extension of financing rate.--Except as provided in 
     paragraph (2), the amendments made by this section shall take 
     effect on the date of the enactment of this Act.
       (2) Increase in financing rate.--The amendment made by 
     subsection (b) shall apply to crude oil received and 
     petroleum products entered during calendar quarters beginning 
     more than 60 days after the date of the enactment of this 
     Act.

                       DIVISION F--MISCELLANEOUS

     SEC. 6001. 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.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Crapo, Mr. Udall of Colorado, 
        Mr. Bennet, and Mrs. Boxer):
  S. 3664. A bill to amend the Internal Revenue Code of 1986 to exempt 
certain farmland from the estate tax, and for other purposes; to the 
Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and 
Senators Crapo, Udall of Colorado, Bennet of Colorado, and Boxer, to 
introduce legislation that will help preserve the great tradition of 
the American family farm.
  Our legislation is called the Family Farm Estate Tax Deferral Act.
  It is designed to prevent the unintended consequences of the estate 
tax's disproportionate impact on family farms, by providing relief to 
families who want to continue their family farming and ranching 
operations.
  This is especially important in California, where high unemployment 
has devastated many of our state's agricultural communities.
  Specifically, this legislation would allow qualifying family operated 
farms and ranches to defer estate taxes if the farm-related income of 
the decedent in the three years prior to death does not exceed $750,000 
annually, and the non-farm related income does not exceed $500,000 per 
year; the farm is passed down to a family member who has been 
materially engaged in its management and operations for at least 5 
years; the farm generated more than 50 percent of the farm owner's 
income, or comprised more than 50 percent of the farm owner's estate at 
the time of death; the farm was owned by the decedent for at least 5 
years and is located within the United States.
  The family member inheriting the estate continues to use the land for 
farming purposes; and, at the time of his or her death, the decedent 
associated with the estate was a U.S. citizen or legal resident of the 
United States.
  The bill also includes a ``recapture'' provision, to ensure that farm 
heirs are subject to strict oversight and must pay taxes if at any time 
they sell the land or cease to use the property for farming.
  The bill would also encourage the preservation of land and protect 
millions of acres of open space and wildlife habitat. It does so by 
incorporating legislation introduced in the House by Representative 
Earl Blumenauer to increase the limitation on the estate tax exclusion 
for conservation easements to $5 million, up from $500,000.
  Farm and ranch estates are estimated to be up to 20 times more likely 
to face an estate tax burden than other estates.
  Roughly one in 10 family farms and ranches confronted estate tax 
bills last year, according to data from the U.S. Department of 
Agriculture Economic Research Service.
  Let me explain why this is cause for concern, and why our legislation 
is so important.
  Most of the financial value of a family farm or ranch operation lies 
in its land. Assets such as specialized equipment and production tools 
have limited resale value and are not likely to quickly generate 
sufficient liquidity.
  It is land--not securities or other more-liquid assets--that 
comprises the lion's share of many farmers' assets. So, many farmers 
are quite literally land rich, and cash poor.
  The property value of fertile farmland can appreciate greatly over 
time.
  For example, in 1997 the average farm real estate value was $926 per 
acre; today it is $2160 per acre, according to the Land Trust Alliance. 
This represents a 133 percent increase in the value of farmland in just 
over a decade.
  As this farmland appreciates, the potential estate tax bill grows.
  When a farm estate is passed on to an heir, portions of the land are 
sometimes fragmented, or even sold to developers in order to manage the 
tax consequences.
  The result is that some farms are rendered inoperable, and heirs face 
difficult choices in these tough economic times.
  Let me share the story of a constituent, Hannah Tangeman-Cheney, 
whose story illustrates the problem.
  Hannah's ranch in Susanville, California, has been owned by her 
family since 1862, and run by women since 1914.
  After her mother passed away, Hannah had to deal with the IRS, 
attorneys, and appraisers, during this difficult period in her life. 
Her mother had a will and a trust, but there was still a significant 
tax burden that Hannah and her sister had to deal with.
  It took 2 years for Hannah and the IRS to reach agreement on the 
value of her ranch since their appraisers came up with different 
numbers.
  Eventually, she reached agreement with the IRS to pay the taxes off 
over a ten-year period.
  Facing these difficult circumstances, Hannah and her sister made the 
painful decision to harvest thousands of trees.
  In all, 13,157 trees were cut--far more than they would have ever 
dreamed of harvesting under any other circumstances.
  Some of the trees took more than 100 years to grow, and the property 
had not been harvested since the 1950's.
  Eventually, she was able to pay off the taxes, but this was a very 
emotional experience for Hannah and her sister.
  They are both environmentally conscious, and their ranch was even 
certified as part of the ``Green Building'' program with the Forest 
Stewardship Council.
  Our legislation is designed to prevent these unintended consequences, 
and provide relief to families wishing to keep their farms in 
operation.
  By mandating a $750,000 cap on income in order to qualify, we can 
ensure that this relief goes to those farmers who need it most, not to 
major agribusinesses.
  To be clear, many Americans have suffered tremendously during this 
very difficult economic downturn.
  But, some agricultural communities have been hit especially hard.
  Family farms in many of California's most productive agricultural 
areas are currently struggling just to make ends meet.
  I come from the largest agricultural state in the country.
  California has suffered a crippling three-year drought, and many 
growers have had to fallow their fields to cut their losses.
  Many have had to lay off employees, and some have left the business 
entirely.
  These hardships can be seen, and I have witnessed them firsthand, in 
Fresno County where the unemployment rate is 16 percent.
  In Kings County unemployment is 15.9 percent. Tulare County 
unemployment is 15.8 percent.
  Imperial County is suffering under unemployment which has reached 
27.6

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percent. Within these counties, unemployment in some agricultural 
communities has touched 40 percent.
  Farms and ranches are an important source of jobs in these 
communities.
  This legislation aims to protect family farms that intend to hire, 
while providing more certainty to thousands of workers across the 
State.
  In 2006, I warned that difficult decisions would be required before 
the estate tax expired in 2010.
  Well, 2010 is here and the picture of our nation's fiscal health is 
not a pretty one.
  We are facing a record $1.3 trillion budget deficit.
  The national debt has reached a new high at roughly $13 trillion.
  The parameters of the estate tax debate have shifted for most, by 
necessity.
  Full estate tax repeal is out of the question, and our number one 
priority for allocating federal resources has rightly been shifted to 
job creation and economic recovery.
  But, absent Congressional action, the estate tax will return with 
ferocity next year at a 55 percent rate with an exemption level of $1 
million.
  I don't think this is something that many in this body would like to 
see.
  So, any estate tax reform must be well-targeted and balanced to 
ensure it is fiscally responsible.
  As we work to develop comprehensive, permanent, and fiscally-
responsible estate tax reform this year, I urge my colleagues to 
remember that the estate tax was never intended to prevent family farms 
from being passed from generation to generation.
  Our legislation resolves this issue for once and for all, and by 
safeguarding against loopholes for rich farming conglomerates and 
agribusinesses, it does so at minimal cost.
  Moreover, we take steps forward to protect our precious environment 
and preserve open space and agricultural lands.
  There is no doubt that many family farmers are under financial 
pressure during these difficult times.
  We must take steps to bring relief to the very family farmers and 
ranchers who have devoted their lives to helping feed and sustain this 
great nation.
  This legislation is a fiscally responsible and targeted effort to 
ensure that we preserve this tradition for legitimate working farms.
  Estate tax reform must be addressed soon, and this issue can no 
longer be delayed.
  I urge my colleagues to support this effort and to enact this 
legislation as quickly as possible.

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