[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);
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(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--
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(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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