[Congressional Record Volume 157, Number 62 (Monday, May 9, 2011)]
[Senate]
[Pages S2779-S2797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. SHAHEEN (for herself and Ms. Ayotte):
  S. 910. A bill to amend title 38, United States Code, to ensure that 
veterans in each of the 48 contiguous States are able to receive 
services in at least one full-service Department of Veterans Affairs 
medical center in the State or receive comparable services provided by 
contract in the State, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mrs. SHAHEEN. Mr. President, today I am introducing the Veterans 
Health Equity Act of 2011. This bill would require the Department of 
Veterans Affairs to ensure that every State has either a full-service 
veterans hospital or, in the alternative, that veterans in every State 
have access to comparable in-state hospital care and medical services. 
I am pleased that my colleague from New Hampshire, Senator Ayotte, has 
agreed to be an original cosponsor of this measure.
  New Hampshire is currently the only State that does not have either a 
full-service veterans medical center or a military hospital providing 
comparable services to veterans. While the staff of the Manchester VA 
Medical Center does an excellent job of caring for our State's 
veterans, this facility does not provide inpatient surgical care, 
emergency services or care in a number of critical specialties. This 
imposes a great burden on many New Hampshire veterans who are forced to 
travel out of state for a range of medical services.
  New Hampshire has over 130,000 veterans and this number continues to 
grow as our troops return from major deployments in the Middle East. It 
is unconscionable that our veterans must board shuttles to larger VA 
facilities in Massachusetts or Vermont to get the medical care they 
have been promised in exchange for their service. Often, especially 
during the winter months, travel is difficult in New England, and our 
veterans should not be forced to drive long distances in order to 
receive the medical care they have earned and deserve.
  Our goal is to ensure that New Hampshire veterans get the care they 
need as close to home as possible. This legislation provides the 
Department of Veterans Affairs with the flexibility to achieve this end 
in the most cost-effective manner. If it is not feasible for the VA to 
construct a new full-service hospital in New Hampshire or to provide 
the full panoply of hospital services at its existing medical center in 
Manchester, the legislation simply requires the VA to contract with 
other health providers to offer comparable in-state care.
  I introduced similar legislation in the 111th Congress with our 
former colleague, Senator Judd Gregg. Since that time, the VA has 
established an effective contractual relationship with one hospital in 
New Hampshire, Concord Hospital, to expand in-state care for our 
veterans. I believe this type of partnership could be readily expanded. 
I have begun working with officials at the Department of Veterans 
Affairs to

[[Page S2780]]

find innovative ways to enhance public-private health care partnerships 
in New Hampshire and look forward to furthering that dialogue.
  Our veterans deserve access to first-rate medical care, regardless of 
where they live. There are full-service veterans hospitals in 47 States 
and veterans in Alaska and Hawaii are able to receive care at military 
hospitals. New Hampshire alone has neither. I am hopeful that my 
colleagues will recognize this inequity and support this effort to 
provide New Hampshire veterans with the same access to quality local 
health care that veterans in every other State enjoy.
  I look forward to working with the entire New Hampshire congressional 
delegation, with my Senate colleagues and with the Obama administration 
to end this injustice.
  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. 910

       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 ``Veterans Health Equity Act 
     of 2011''.

     SEC. 2. AVAILABILITY OF FULL-SERVICE DEPARTMENT OF VETERANS 
                   AFFAIRS MEDICAL CENTERS IN CERTAIN STATES OR 
                   PROVISION OF COMPARABLE SERVICES THROUGH 
                   CONTRACT WITH OTHER HEALTH CARE PROVIDERS IN 
                   THE STATE.

       (a) In General.--Chapter 17 of title 38, United States 
     Code, is amended by inserting after section 1706 the 
     following new section:

     ``Sec. 1706A. Management of health care: access to full-
       service Department medical centers in certain States or 
       comparable services through contract

       ``(a) Requirement.--With respect to each of the 48 
     contiguous States, the Secretary shall ensure that veterans 
     in the State eligible for hospital care and medical services 
     under section 1710 of this title have access--
       ``(1) to at least one full-service Department medical 
     center in the State; or
       ``(2) to hospital care and medical services comparable to 
     the services typically provided by full-service Department 
     medical centers through contract with other health care 
     providers in the State.
       ``(b) Rule of Construction.--Nothing in subsection (a) 
     shall be construed to limit the ability of the Secretary to 
     provide enhanced care to an eligible veteran who resides in 
     one State in a Department medical center in another State.
       ``(c) Limitation on Requirement.--Subsection (a) shall be 
     effective in any fiscal year only to the extent and in the 
     amount provided in advance in appropriations Acts.
       ``(d) Full-service Department Medical Center Defined.--In 
     this section, the term `full-service Department medical 
     center' means a facility of the Department that provides 
     medical services, including hospital care, emergency medical 
     services, and surgical care rated by the Secretary as having 
     a surgical complexity level of standard.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1706 the following new item:

``1706A. Management of health care: access to full-service Department 
              medical centers in certain States or comparable services 
              through contract.''.

       (c) Report on Implementation.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall submit to Congress a report describing 
     the extent to which the Secretary has complied with the 
     requirement imposed by section 1706A of title 38, United 
     States Code, as added by subsection (a), including the effect 
     of such requirement on improving the quality and standards of 
     care provided to veterans.

  Ms. AYOTTE. Mr. President, I rise today to highlight the Veteran's 
Health Equity Act, a bill I am introducing with my colleague from the 
Granite State, Senator Jeanne Shaheen. I am pleased to support this 
bipartisan legislation that addresses an issue of importance to our 
Nation's heroic military veterans, especially in my home State of New 
Hampshire.
  As a military spouse, I personally understand the commitment and 
sacrifice required of our service members and their families, and I am 
fully committed to ensuring that our heroes have access to the support 
and care they have earned. The bill we are introducing would level the 
playing field for veterans by requiring the Department of Veterans 
Affairs to guarantee that veterans in every State have access to 
hospital care within their borders. As it stands now, New Hampshire is 
the only state in the nation without a full-service VA hospital or 
military hospital providing equivalent care to veterans. Specifically, 
the Veteran's Health Equity Act would require the VA to either provide 
a full-service VA hospital in every State or contract with civilian 
hospitals to provide veterans with a comparable level of care.
  While some States, like Alaska and Hawaii, rely on large military 
medical facilities to compensate for gaps in VA medical care, New 
Hampshire lacks the military medical facilities to compensate for a 
lack of a full-service VA hospital. Yet, New Hampshire has one of the 
highest rates of veterans per capita in the country. New Hampshire 
veterans must travel out of State to Maine, Massachusetts, or Vermont 
to access certain kinds of specialty care. Elderly veterans are often 
bused by volunteers during the treacherous winter months to an out of 
state service provider only to have their appointment canceled. Simply 
put, the lack of a full-service VA hospital in New Hampshire is 
unacceptable and our veterans deserve better.
  As a member of the Armed Services Committee, I will continue to press 
for a full-service VA hospital in New Hampshire and explore all 
legislative remedies to ensure that our New Hampshire veterans receive 
the care they deserve. My 95 year old grandfather, John Sullivan, a 
World War II veteran, and veterans like him who have selflessly served 
our country, have earned high-quality medical care that is commensurate 
with their courageous service. We must honor our commitments to 
America's brave veterans. The Veteran's Health Equity Act will help 
ensure every veteran in the United States can access quality medical 
care without having to travel to another State.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 913. A bill to require the Federal Trade Commission to prescribe 
regulations regarding the collection and use of personal information 
obtained by tracking the online activity of an individual, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. ROCKFELLER. Mr. President, I rise to introduce the Do-Not-Track 
Online Act of 2011; and I ask for unanimous consent that the bill be 
printed for the record. This bill is a first step towards furthering 
consumer privacy by empowering Americans with the ability to control 
their personal information and prevent online companies from collecting 
and using that information, if they so choose.
  Do-Not-Track is a simple concept. It allows consumers, with a simple 
click of the mouse or the press of the button, to tell the entire 
online world, ``Do not collect information about me. I care about my 
privacy. And I do not want my information used in ways I do not expect 
or approve of.'' Under my bill, online companies would have to honor 
that user declaration, and cease the information collection and use 
practices to which consumers have said, ``no.'' My bill would direct 
the Federal Trade Commission to issue regulations that establish 
standards for a do- not-track mechanism and obligate online companies 
to accommodate that consumer preference.
  This bill is necessary because Americans' privacy is increasingly 
under surveillance as they conduct their affairs online. Whether it is 
a mother at home on a computer researching the symptoms of her sick 
child, a man exploring how to change jobs or buy a home, or a teenager 
using her smartphone while riding the subway, online companies are 
collecting vast amounts of information about all of this activity, 
often surreptitiously and with consumers completely unaware. There are 
a vast array of companies collecting this information in numerous ways: 
third-party advertising networks place ``cookies'' on computer web-
browsers to keep track of the websites consumers have visited; analytic 
and marketing companies identify individual computers by recognizing 
the unique configuration, or ``fingerprint,'' of web-browsers; and 
software applications installed on mobile devices, colloquially known 
as ``apps'', that collect, use, and disseminate information about 
consumer location, contact information, and other personal matters. All 
of this information is being stored on computer servers around the 
world and is used for a variety of purposes, ranging

[[Page S2781]]

from online behavioral advertising to internal analytics to the 
creation of personal dossiers by data brokers who build comprehensive 
profiles on individual Americans.
  My bill will empower consumers, if they so choose, to stem the tide. 
It gives them the means to prohibit the collection of their information 
from the start. Consumers will be able to notify companies who are 
collecting their personal information that they want those collection 
practices to stop. If online companies fail to obey this request, they 
will face stiff penalties from the Federal Trade Commission or state 
Attorneys General.
  The strength of this bill is its simplicity. Congress has long 
grappled with consumer privacy through the lens of ``notice and 
consent.'' That is, for over a decade in the Senate Commerce Committee, 
which I chair, we have tried to determine how online companies can 
provide clear and conspicuous notice to consumers about their 
commercial information practices; and once this notice has been given, 
further determine how consumers can either opt-in or opt-out of those 
information collection practices.

  The endeavor has proven complicated and often unworkable: privacy 
policies are often long and tedious, replete with technical legalese. 
These notices don't work well on a full screen computer, much less on a 
small hand-held mobile device, and consumers often ignore them. 
Further, consumer consent has been dependent on the type of information 
that is being collected and who is doing the collection. For instance, 
should a third-party advertising network be subject to the same 
restrictions as the Washington Post website that hosts the ad network? 
Should Apple be allowed to collect information about a person's iPhone, 
but an application be prohibited? Should companies differentiate 
between particularly sensitive information--such as health or political 
activities--and more innocuous information such as which sports teams 
someone may like?
  My Do-Not-Track bill avoids all of these messy policy considerations 
and provides consumers with the opportunity to take advantage of an 
easy mechanism that says ``no'' to anyone and everyone collecting their 
information. Period.
  I think it is worth noting that the FTC has recognized the utility of 
do-not-track in its December 2010 report on consumer privacy. The 
report states: ``Such a mechanism would ensure that consumers would not 
have to exercise choices on a company-by-company or industry-by-
industry basis, and that such choices would be persistent. It should 
also address some of the concerns with the existing browser mechanisms, 
by being more clear, easy-to-locate, and effective, and by conveying 
directly to websites the user's choice to opt out of tracking.'' 
Indeed, the private sector has similarly recognized the utility of do-
not-track. Mozilla's popular web browser, Firefox, and Apple's web 
browser, Safari, already allow consumers to affirmatively declare a do-
not-track preference to websites. The problem is that online companies 
have no legal obligation to honor this request. My bill fixes that.
  Let me say a few words about what this bill does not do. My bill 
would not ``break the Internet.'' I am sure that we will hear such 
hyperbole in opposition to the bill. The truth is that my bill makes 
all of the necessary accommodations for online companies to use 
information as is necessary to allow companies to provide the content 
and services consumers have grown to expect and enjoy. For instance, 
websites will still be able to use IP addresses to deliver content, and 
will be allowed to collect data to perform internal analytics and 
improve performance. Applications will still be able to use a phone's 
Unique Device Identifier--also known as UDID--to perform their 
functions as they are supposed to. However, when consumers state that 
they do not want to be tracked, online services will no longer be 
allowed to collect and use this information for any extraneous purpose, 
and they will be obligated to immediately destroy or anonymize the 
information once it is no longer needed to provide the service 
requested. Furthermore, my bill allows online companies to collect and 
maintain consumer information when it has been voluntarily provided by 
the consumer. Consumers also can allow companies they trust to collect 
and use their information by providing specific consent that overrides 
a general do-not-track preference.
  As such, my bill empowers consumers to stop online companies from 
collecting and using their information, but also preserves the ability 
of those online companies to conduct their business and deliver the 
content and services that consumers expect. The bill provides the FTC 
with rulemaking authority to use its expertise to protect the privacy 
interests of consumers while addressing the legitimate needs of 
industry.
  To be clear, my bill is not a comprehensive consumer privacy bill, 
nor is it meant to be. Do-not-track is just one aspect to consumer 
privacy albeit an important one. Other Members of the Commerce 
Committee are actively engaged in protecting consumer privacy 
interests. I want to commend Senator Kerry, who is a senior Member of 
the Commerce Committee, and Senator McCain for their efforts and for 
introducing legislation designed to establish a broad privacy 
framework. I also commend Senator Pryor's dedication to privacy 
protection and the vigorous oversight of his Subcommittee. I expect 
consumer privacy to remain a focus of the Congress and the Members of 
the Commerce Committee with more legislation being introduced in the 
coming weeks and months.
  In the end, my Do-Not-Track bill is a part of the ongoing discussion 
on consumer privacy in Congress. It is simple, yet powerful. It allows 
consumers, if they choose--and I should emphasize that many will not 
make such a choice--to stop the constant, almost mind-boggling sweep of 
online companies that are collecting vast amounts of consumer 
information. It prohibits those lurking in the cyber-shadows from 
surreptitiously profiting off of the personal, private information of 
ordinary Americans. I look forward to working with my colleagues on 
this and other privacy legislative efforts in the Commerce Committee 
and on the Senate floor.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 913

       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 ``Do-Not-Track Online Act of 
     2011''.

     SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Federal Trade Commission shall 
     promulgate--
       (1) regulations that establish standards for the 
     implementation of a mechanism by which an individual can 
     simply and easily indicate whether the individual prefers to 
     have personal information collected by providers of online 
     services, including by providers of mobile applications and 
     services; and
       (2) rules that prohibit, except as provided in subsection 
     (b), such providers from collecting personal information on 
     individuals who have expressed, via a mechanism that meets 
     the standards promulgated under paragraph (1), a preference 
     not to have such information collected.
       (b) Exception.--The rules promulgated under paragraph (2) 
     of subsection (a) shall allow for the collection and use of 
     personal information on an individual described in such 
     paragraph, notwithstanding the expressed preference of the 
     individual via a mechanism that meets the standards 
     promulgated under paragraph (1) of such subsection, to the 
     extent--
       (1) necessary to provide a service requested by the 
     individual, including with respect to such service, basic 
     functionality and effectiveness, so long as such information 
     is anonymized or deleted upon the provision of such service; 
     or
       (2) the individual--
       (A) receives clear, conspicuous, and accurate notice on the 
     collection and use of such information; and
       (B) affirmatively consents to such collection and use.
       (c) Factors.--In promulgating standards and rules under 
     subsection (a), the Federal Trade Commission shall consider 
     and take into account the following:
       (1) The appropriate scope of such standards and rules, 
     including the conduct to which such rules shall apply and the 
     persons required to comply with such rules.
       (2) The technical feasibility and costs of--
       (A) implementing mechanisms that would meet such standards; 
     and
       (B) complying with such rules.
       (3) Mechanisms that--
       (A) have been developed or used before the date of the 
     enactment of this Act; and
       (B) are for individuals to indicate simply and easily 
     whether the individuals prefer to

[[Page S2782]]

     have personal information collected by providers of online 
     services, including by providers of mobile applications and 
     services.
       (4) How mechanisms that meet such standards should be 
     publicized and offered to individuals.
       (5) Whether and how information can be collected and used 
     on an anonymous basis so that the information--
       (A) cannot be reasonably linked or identified with a person 
     or device, both on its own and in combination with other 
     information; and
       (B) does not qualify as personal information subject to the 
     rules promulgated under subsection (a)(2).
       (6) The standards under which personal information may be 
     collected and used, subject to the anonymization or deletion 
     requirements of subsection (b)(1)--
       (A) to fulfill the basic functionality and effectiveness of 
     an online service, including a mobile application or service;
       (B) to provide the content or services requested by 
     individuals who have otherwise expressed, via a mechanism 
     that meets the standards promulgated under subsection (a)(1), 
     a preference not to have personal information collected; and
       (C) for such other purposes as the Commission determines 
     substantially facilitates the functionality and effectiveness 
     of the online service, or mobile application or service, in a 
     manner that does not undermine an individual's preference, 
     expressed via such mechanism, not to collect such 
     information.
       (d) Rulemaking.--The Federal Trade Commission shall 
     promulgate the standards and rules required by subsection (a) 
     in accordance with section 553 of title 5, United States 
     Code.

     SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS.

       (a) Enforcement by Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     a rule promulgated under section 2(a)(2) shall be treated as 
     an unfair and deceptive act or practice in violation of a 
     regulation under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or 
     deceptive acts or practices.
       (2) Powers of commission.--
       (A) In general.--Except as provided in subparagraph (C), 
     the Federal Trade Commission shall enforce this Act in the 
     same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made a part of 
     this Act.
       (B) Privileges and immunities.--Except as provided in 
     subparagraph (C), any person who violates this Act shall be 
     subject to the penalties and entitled to the privileges and 
     immunities provided in the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.).
       (C) Nonprofit organizations.--The Federal Trade Commission 
     shall enforce this Act with respect to an organization that 
     is not organized to carry on business for its own profit or 
     that of its members as if such organization were a person 
     over which the Commission has authority pursuant to section 
     5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 
     45(a)(2)).
       (b) Enforcement by States.--
       (1) In general.--In any case in which the attorney general 
     of a State has reason to believe that an interest of the 
     residents of the State has been or is threatened or adversely 
     affected by the engagement of any person subject to a rule 
     promulgated under section 2(a)(2) in a practice that violates 
     the rule, the attorney general of the State may, as parens 
     patriae, bring a civil action on behalf of the residents of 
     the State in an appropriate district court of the United 
     States--
       (A) to enjoin further violation of such rule by such 
     person;
       (B) to compel compliance with such rule;
       (C) to obtain damages, restitution, or other compensation 
     on behalf of such residents;
       (D) to obtain such other relief as the court considers 
     appropriate; or
       (E) to obtain civil penalties in the amount determined 
     under paragraph (2).
       (2) Civil penalties.--
       (A) Calculation.--Subject to subparagraph (B), for purposes 
     of imposing a civil penalty under paragraph (1)(E) with 
     respect to a person that violates a rule promulgated under 
     section 2(a)(2), the amount determined under this paragraph 
     is the amount calculated by multiplying the number of days 
     that the person is not in compliance with the rule by an 
     amount not greater than $16,000.
       (B) Maximum total liability.--The total amount of civil 
     penalties that may be imposed with respect to a person that 
     violates a rule promulgated under section 2(a)(2) shall not 
     exceed $15,000,000 for all civil actions brought against such 
     person under paragraph (1) for such violation.
       (C) Adjustment for inflation.--Beginning on the date on 
     which the Bureau of Labor Statistics first publishes the 
     Consumer Price Index after the date that is 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the amounts specified in subparagraphs (A) and (B) shall be 
     increased by the percentage increase in the Consumer Price 
     Index published on that date from the Consumer Price Index 
     published the previous year.
       (3) Rights of federal trade commission.--
       (A) Notice to federal trade commission.--
       (i) In general.--Except as provided in clause (iii), the 
     attorney general of a State shall notify the Federal Trade 
     Commission in writing that the attorney general intends to 
     bring a civil action under paragraph (1) before initiating 
     the civil action.
       (ii) Contents.--The notification required by clause (i) 
     with respect to a civil action shall include a copy of the 
     complaint to be filed to initiate the civil action.
       (iii) Exception.--If it is not feasible for the attorney 
     general of a State to provide the notification required by 
     clause (i) before initiating a civil action under paragraph 
     (1), the attorney general shall notify the Federal Trade 
     Commission immediately upon instituting the civil action.
       (B) Intervention by federal trade commission.--The Federal 
     Trade Commission may--
       (i) intervene in any civil action brought by the attorney 
     general of a State under paragraph (1); and
       (ii) upon intervening--

       (I) be heard on all matters arising in the civil action; 
     and
       (II) file petitions for appeal of a decision in the civil 
     action.

       (4) Investigatory powers.--Nothing in this subsection may 
     be construed to prevent the attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of the State to conduct investigations, to 
     administer oaths or affirmations, or to compel the attendance 
     of witnesses or the production of documentary or other 
     evidence.
       (5) Preemptive action by federal trade commission.--If the 
     Federal Trade Commission institutes a civil action or an 
     administrative action with respect to a violation of a rule 
     promulgated under section 2(a)(2), the attorney general of a 
     State may not, during the pendency of such action, bring a 
     civil action under paragraph (1) against any defendant named 
     in the complaint of the Commission for the violation with 
     respect to which the Commission instituted such action.
       (6) Venue; service of process.--
       (A) Venue.--Any action brought under paragraph (1) may be 
     brought in--
       (i) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (ii) another court of competent jurisdiction.
       (B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       (i) is an inhabitant; or
       (ii) may be found.
       (7) Actions by other state officials.--
       (A) In general.--In addition to civil actions brought by 
     attorneys general under paragraph (1), any other officer of a 
     State who is authorized by the State to do so may bring a 
     civil action under paragraph (1), subject to the same 
     requirements and limitations that apply under this subsection 
     to civil actions brought by attorneys general.
       (B) Savings provision.--Nothing in this subsection may be 
     construed to prohibit an authorized official of a State from 
     initiating or continuing any proceeding in a court of the 
     State for a violation of any civil or criminal law of the 
     State.

     SEC. 4. BIENNIAL REVIEW AND ASSESSMENT.

       Not later than 2 years after the effective date of the 
     regulations initially promulgated under section 2, the 
     Federal Trade Commission shall--
       (1) review the implementation of this Act;
       (2) assess the effectiveness of such regulations, including 
     how such regulations define or interpret the term ``personal 
     information'' as such term is used in section 2;
       (3) assess the effect of such regulations on online 
     commerce; and
       (4) submit to Congress a report on the results of the 
     review and assessments required by this section.
                                 ______
                                 
      By Mr. BEGICH (for himself, Mr. Grassley, and Mr. Tester):
  S. 914. A bill to amend title 38, United States Code, to authorize 
the waiver of the collection of copayments for telehealth and 
telemedicine visits of veterans, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. BEGICH. Mr. President, today I rise to introduce legislation to 
amend title 38, related to this Nation's obligation to provide benefits 
to our veterans. Specifically, the bill I introduce today with my 
distinguished colleagues, Senator Grassley of Iowa and Senator Tester 
of Montana, will waive collection of copayments for telehealth and 
telemedicine visits for Veterans.
  More than 42,000 veterans are receiving care in their homes, enrolled 
in the Veterans Health Administration's, VHA, Telemedicine program as 
one form of treatment. In Alaska, as of March 2010, there were 226 
veterans receiving this service. Just over a 100 of those live in rural 
Alaska.
  Home Telehealth programs provide needed care for the 2-3 percent of 
veterans who account for 30 percent or more of agency resources. These 
men and women are frequent clinic attendees and often require urgent 
hospital admissions. VHA programs have demonstrated reduced hospital 
admissions and clinic and emergency room

[[Page S2783]]

visits, and contribute to an improved quality of life for our veterans.
  For no group of veterans is this service more important than for 
those who live in rural and remote America. Telemedicine has become an 
increasingly integral component in addressing the needs of veterans 
residing in rural and remote areas, and is critical to ensuring they 
have proper access to health care, especially in rural areas.
  While the VHA is saving taxpayers money by usingtelemedicine, 
currently all telemedicine visits require veterans receiving these 
treatments to make copayments. My legislation would implement a simple 
fix. It would waive the required copayments--sometimes up to $50 per 
visit--to lessen the burden on our veterans, who have sacrificed in 
service to our great nation. I believe that waiving these fees may 
encourage more veterans to take advantage of VHA's telehealth programs, 
which can be a godsend for rural veterans with few other viable 
options.
  For rural veterans in Alaska, who have to travel by small float 
planes or boats or even snow machines to get to the nearest clinic for 
monitoring of their diabetes, high blood pressure, or other chronic 
conditions, Congress can go a long way in repaying this Nation's debt 
to our veterans by passing this legislation.
  The VHA plans to expand Home Telehealth for weight management, 
substance abuse, mild traumatic brain injury, dementia, and palliative 
care, as well as enabling veterans to use mobile devices to access 
care. I would hate to see these vital services go unused by veterans 
living in remote villages and communities because of the cost of 
copayments. But, this is not primarily about saving veterans money. 
This is about the federal government doing what is good for our 
veterans. The monetary benefits for veterans are a plus.
  Basically, this legislation will amend title 38 to authorize the 
waiver of the collection of copayments for telehealth and telemedicine 
visits of veterans by giving the Secretary the authority to do so.
  In closing, I must say it is an honor for me to serve as a member of 
the Senate Veterans' Affairs Committee. I feel very privileged to be 
involved with policy formation that helps our veterans. I appreciate my 
distinguished colleagues on the committee.
  This is a bipartisan bill to address an issue with no partisan 
connection. I strongly encourage my colleagues to join Senators 
Grassley, Tester, and me in cosponsoring this legislation, and I urge 
expeditious consideration of the legislation to address a growing need 
for our rural veterans.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 916. A bill to facilitate appropriate oil and gas development on 
Federal land and waters, to limit dependence of the United States on 
foreign sources of oil and gas, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing the Oil and Gas 
Facilitation Act of 2011. This is a bill to facilitate appropriate oil 
and gas development on Federal land and waters, and to limit the 
dependence of the United States on foreign sources of energy.
  For example, its provisions will increase our understanding of our 
oil and gas resources, coordinate interagency activity on permitting 
for oil and gas development, and facilitate transportation of Alaskan 
oil and natural gas.
  Its provisions are drawn from a bill reported out of the Committee on 
Energy and Natural Resources on a bipartisan basis in the last 
Congress. I look forward to working with my colleagues on both sides of 
the aisle as we move forward on these issues in this Congress.
  Mr. President, I ask unanimous consent that the text of this 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. 916

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Oil and 
     Gas Facilitation Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                      TITLE I--OIL AND GAS LEASING

Sec. 101. Extension of Oil and Gas Permit Processing Improvement Fund.
Sec. 102. Facilitation of coproduction of geothermal energy on oil and 
              gas leases.

                   TITLE II--OUTER CONTINENTAL SHELF

Sec. 201. Comprehensive inventory of outer Continental Shelf resources.
Sec. 202. Alaska OCS permit processing coordination office.
Sec. 203. Phase-out of mandatory Outer Continental Shelf deep water and 
              deep gas royalty relief for future leases.

                        TITLE III--MISCELLANEOUS

Sec. 301. Facilitation of Alaska natural gas pipeline.
Sec. 302. Exemption of trans-Alaska oil pipeline system from certain 
              requirements.
Sec. 303. Permits for natural gas pipeline in Denali National Park and 
              Preserve.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

                      TITLE I--OIL AND GAS LEASING

     SEC. 101. EXTENSION OF OIL AND GAS PERMIT PROCESSING 
                   IMPROVEMENT FUND.

       Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) 
     is amended by adding at the end the following:
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated from the Fund, or to the extent adequate 
     funds in the Fund are not available from miscellaneous 
     receipts of the Treasury, for the coordination and processing 
     of oil and gas use authorizations and for oil and gas 
     inspection and enforcement on onshore Federal land under the 
     jurisdiction of the Pilot Project offices described in 
     section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 
     15924(d)) $20,000,000 for each of fiscal years 2016 through 
     2020, to remain available until expended.''.

     SEC. 102. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY 
                   ON OIL AND GAS LEASES.

       Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
     1003(b)) is amended by adding at the end the following:
       ``(4) Land subject to oil and gas lease.--Land under an oil 
     and gas lease issued pursuant to the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
     application for permit to drill and from which oil and gas 
     production is occurring may be available for leasing under 
     subsection (c) by the holder of the oil and gas lease--
       ``(A) on a determination that--
       ``(i) geothermal energy will be produced from a well 
     producing or capable of producing oil and gas; and
       ``(ii) the public interest will be served by the issuance 
     of such a lease; and
       ``(B) in order to provide for the coproduction of 
     geothermal energy with oil and gas.''.

                   TITLE II--OUTER CONTINENTAL SHELF

     SEC. 201. COMPREHENSIVE INVENTORY OF OUTER CONTINENTAL SHELF 
                   RESOURCES.

       (a) In General.--Section 357 of the Energy Policy Act of 
     2005 (42 U.S.C. 15912) is amended--
       (1) in subsection (a)--
       (A) by striking the first sentence of the matter preceding 
     paragraph (1) and inserting the following: ``The Secretary 
     shall conduct a comprehensive inventory of oil and natural 
     gas (including executing or otherwise facilitating seismic 
     studies of resources) and prepare a summary (the latter 
     prepared with the assistance of, and based on information 
     provided by, the heads of appropriate Federal agencies) of 
     the information obtained under paragraph (3), for the waters 
     of the United States Outer Continental Shelf (referred to in 
     this section as the `OCS') in the Atlantic Region, the 
     Eastern Gulf of Mexico, and the Alaska Region.'';
       (B) in paragraph (2)--
       (i) by striking ``3-D'' and inserting ``2-D and 3-D''; and
       (ii) by adding ``and'' at the end; and
       (C) by striking paragraphs (3) through (5) and inserting in 
     the following:
       ``(3) use existing inventories and mapping of marine 
     resources undertaken by the National Oceanographic and 
     Atmospheric Administration and with the assistance of and 
     based on information provided by the Department of Defense 
     and other Federal and State agencies possessing relevant 
     data, and use any available data regarding alternative energy 
     potential, navigation uses, fisheries, aquaculture uses, 
     recreational uses, habitat, conservation, and military 
     uses.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Implementation.--The Secretary shall carry out the 
     inventory and analysis under subsection (a) in 3 phases, with 
     priority given to all or part of applicable planning areas of 
     the outer Continental Shelf--
       ``(1) estimated to have the greatest potential for energy 
     development in barrel of oil equivalent; and
       ``(2) outside of any leased area or area scheduled for 
     leasing prior to calendar year 2011 under any outer 
     Continental Shelf 5-year leasing program or amendment to the 
     program under section 18 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1344).

[[Page S2784]]

       ``(c) Plan.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, 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 that provides a plan for executing 
     or otherwise facilitating the seismic studies required under 
     this section, including an estimate of the costs to complete 
     the seismic inventory by region and environmental and 
     permitting activities to facilitate expeditious completion.
       ``(2) First phase.--Not later than 2 years after the date 
     of enactment of this paragraph, the Secretary shall submit to 
     Congress a report describing the results of the first phase 
     of the inventory and analysis under subsection (a).
       ``(3) Subsequent phases.--Not later than 2 years after the 
     date on which the report is submitted under paragraph (2) and 
     2 years thereafter, the Secretary shall submit to Congress a 
     report describing the results of the second and third phases, 
     respectively, of the inventory and analysis under subsection 
     (a).
       ``(4) Public availability.--A report submitted under 
     paragraph (2) or (3) shall be--
       ``(A) made publicly available; and
       ``(B) updated not less frequently than once every 5 
     years.''.
       (b) Relationship to 5-Year Program.--The requirement that 
     the Secretary carry out the inventory required by the 
     amendment made by subsection (a) shall not be considered to 
     require, authorize, or provide a basis or justification for 
     delay by the Secretary or any other agency of the issuance of 
     any outer Continental Shelf leasing program or amendment to 
     the program under section 18 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1344), or any lease sale pursuant to 
     that section.
       (c) Permits.--Nothing in this section or an amendment made 
     by this section--
       (1) precludes the issuance by the Secretary of a permit to 
     conduct geological and geophysical exploration of the outer 
     Continental Shelf in accordance with the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.) and other applicable 
     law; or
       (2) otherwise alters the requirements of applicable law 
     with respect to the issuance of such a permit or any other 
     activities undertaken by the Secretary in connection with the 
     inventory.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to be available 
     until expended without fiscal year limitation--
       (1) $100,000,000 for each of fiscal years 2012 through 
     2017; and
       (2) $50,000,000 for each of fiscal years 2018 through 2022.

     SEC. 202. ALASKA OCS PERMIT PROCESSING COORDINATION OFFICE.

       (a) Establishment.--The Secretary shall establish a 
     regional joint outer Continental Shelf lease and permit 
     processing office for the Alaska outer Continental Shelf 
     region.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for the purposes of carrying out 
     this section with--
       (A) the Secretary of Commerce;
       (B) the Chief of Engineers;
       (C) the Administrator of the Environmental Protection 
     Agency; and
       (D) any other Federal agency that may have a role in 
     permitting activities.
       (2) State participation.--The Secretary shall request that 
     the Governor of Alaska be a signatory to the memorandum of 
     understanding.
       (c) Designation of Qualified Staff.--
       (1) In general.--Not later than 30 days after the date of 
     the signing of the memorandum of understanding under 
     subsection (b), each Federal signatory party shall, if 
     appropriate, assign to the office described in subsection (a) 
     an employee who has expertise in the regulatory issues 
     administered by the office in which the employee is employed 
     relating to leasing and the permitting of oil and gas 
     activities on the outer Continental Shelf.
       (2) Duties.--An employee assigned under paragraph (1) 
     shall--
       (A) not later than 90 days after the date of assignment, 
     report to the office described in subsection (a);
       (B) be responsible for all issues relating to the 
     jurisdiction of the home office or agency of the employee; 
     and
       (C) participate as part of the applicable team of personnel 
     working on proposed oil and gas leasing and permitting, 
     including planning and environmental analyses.
       (d) Transfer of Funds.--For the purposes of coordination 
     and processing of oil and gas use authorizations for the 
     Alaska outer Continental Shelf region, the Secretary may 
     authorize the expenditure or transfer of such funds as are 
     necessary to--
       (1) the Secretary of Commerce;
       (2) the Chief of Engineers;
       (3) the Administrator of the Environmental Protection 
     Agency;
       (4) any other Federal agency having a role in permitting 
     activities; and
       (5) the State of Alaska.
       (e) Savings Provision.--Nothing in this section affects--
       (1) the operation of any Federal or State law; or
       (2) any delegation of authority made by the head of a 
     Federal agency for employees that are assigned to the 
     coordination office.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2012 through 2022, to remain available 
     until expended.

     SEC. 203. PHASE-OUT OF MANDATORY OUTER CONTINENTAL SHELF DEEP 
                   WATER AND DEEP GAS ROYALTY RELIEF FOR FUTURE 
                   LEASES.

       (a) In General.--Sections 344 and 345 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15904, 15905) are repealed.
       (b) Administration.--The Secretary shall not be required to 
     provide for royalty relief in the lease sale terms beginning 
     with the first lease sale held on or after the date of 
     enactment of this Act for which a final notice of sale has 
     not been published.

                        TITLE III--MISCELLANEOUS

     SEC. 301. FACILITATION OF ALASKA NATURAL GAS PIPELINE.

       Section 116 of the Alaska Natural Gas Pipeline Act (15 
     U.S.C. 720n) is amended--
       (1) in subsection (a)(3)--
       (A) in the first sentence, by inserting before the period 
     at the end the following: ``, except that a holder of a 
     certificate may request the Secretary to extend the period to 
     issue Federal guarantee instruments for not more than 180 
     days following the date of resolution of any reopening, 
     contest, or other proceeding relating to the certificate''; 
     and
       (B) in the second sentence, by inserting before the period 
     at the end the following: ``, or connecting to pipeline 
     infrastructure capable of delivering commercially economic 
     quantities of natural gas to the continental United States'';
       (2) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (C) in paragraph (2) (as so redesignated), by striking 
     ``and completion guarantees'';
       (3) in subsection (c)(2), by striking ``$18,000,000,000'' 
     and inserting ``$30,000,000,000'';
       (4) in subsection (d)--
       (A) in the first sentence of paragraph (1), by inserting 
     before the period at the end the following: ``, except that 
     an issued loan guarantee instrument shall apply to not less 
     than 80 percent of project costs unless by previous consent 
     of the borrower''; and
       (B) in paragraph (2), by striking ``An eligible'' and 
     inserting ``A''; and
       (5) in subsection (g)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (C) in paragraph (2) (as so redesignated), by inserting 
     before the period at the end the following: ``under 
     subsection (a)(3), including direct lending from the Federal 
     Financing Bank of all or a part of the amount to the holder, 
     in lieu of a guarantee''.

     SEC. 302. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM 
                   CERTAIN REQUIREMENTS.

       The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 
     et seq.) is amended by adding at the end the following:

     ``SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM 
                   FROM CERTAIN REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (b), no 
     part of the trans-Alaska oil pipeline system shall be 
     considered to be a district, site, building, structure, or 
     object for purposes of section 106 of the National Historic 
     Preservation Act (16 U.S.C. 470f), regardless of whether all 
     or part of the trans-Alaska oil pipeline system may otherwise 
     be listed on, or eligible for listing on, the National 
     Register of Historic Places.
       ``(b) Individual Elements.--
       ``(1) In general.--Subject to subsection (c), the Secretary 
     of the Interior may identify up to 3 sections of the trans-
     Alaska oil pipeline system that possess national or 
     exceptional historic significance, and that should remain 
     after the pipeline is no longer used for the purpose of oil 
     transportation.
       ``(2) Historic site.--Any sections identified under 
     paragraph (1) shall be considered to be a historic site.
       ``(3) Views.--In making the identification under this 
     subsection, the Secretary shall consider the views of--
       ``(A) the owners of the pipeline;
       ``(B) the State Historic Preservation Officer;
       ``(C) the Advisory Council on Historic Preservation; and
       ``(D) the Federal Coordinator for Alaska Natural Gas 
     Transportation Projects.
       ``(c) Construction, Maintenance, Restoration, and 
     Rehabilitation Activities.--Subsection (b) does not prohibit 
     the owners of the trans-Alaska oil pipeline system from 
     carrying out construction, maintenance, restoration, or 
     rehabilitation activities on or for a section of the system 
     described in subsection (b).''.

     SEC. 303. PERMITS FOR NATURAL GAS PIPELINE IN DENALI NATIONAL 
                   PARK AND PRESERVE.

       (a) Definitions.--In this section:
       (1) Appurtenance.--
       (A) In general.--The term ``appurtenance'' includes 
     cathodic protection or test stations, valves, signage, and 
     buried communication and electric cables relating to the 
     operation of high-pressure natural gas transmission.
       (B) Exclusions.--The term ``appurtenance'' does not include 
     compressor stations.
       (2) Park.--The term ``Park'' means the Denali National Park 
     and Preserve in the State of Alaska.
       (b) Permit.--The Secretary may issue right-of-way permits 
     for--

[[Page S2785]]

       (1) a high-pressure natural gas transmission pipeline 
     (including appurtenances) in non-wilderness areas within the 
     boundary of Denali National Park within, along, or near the 
     approximately 7-mile segment of the George Parks Highway that 
     runs through the Park; and
       (2) any distribution and transmission pipelines and 
     appurtenances that the Secretary determines to be necessary 
     to provide natural gas supply to the Park.
       (c) Terms and Conditions.--A permit authorized under 
     subsection (b)--
       (1) may be issued only--
       (A) if the permit is consistent with the laws (including 
     regulations) generally applicable to utility rights-of-way 
     within units of the National Park System;
       (B) in accordance with section 1106(a) of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3166(a)); 
     and
       (C) if, following an appropriate analysis prepared in 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the route of the right-of-way is 
     the route through the Park with the least adverse 
     environmental effects for the Park; and
       (2) shall be subject to such terms and conditions as the 
     Secretary determines to be necessary.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 917. A bill to amend the Outer Continental Shelf Lands Act to 
reform the management of energy and mineral resources on the Outer 
Continental Shelf, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing the Outer 
Continental Shelf Reform Act of 2011. This is a bill intended to reform 
the management of energy resources on the Outer Continental Shelf, and 
to create a culture of excellence for the industry and the regulatory 
agency going forward.
  Following the tragic Deepwater Horizon oil rig accident last year, we 
have learned a lot about changes that need to be made by the industry 
and the regulatory agency to ensure that accidents like this never 
happen again. In addition, we should do more, and create a system for 
the management of offshore energy development that is a model for the 
world.
  This bill is intended to put in place the changes that can achieve 
these goals. It is identical to a bill reported unanimously by the 
Committee on Energy and Natural Resources in the last Congress. In the 
intervening time since the committee's action, there have been 
developments and new information that may indicate the need to update 
or change some parts of the bill. But, as we begin to work on this 
issue again in the committee, I believe that it is sensible to start 
with last year's bill. I look forward to working with my colleagues on 
both sides of the aisle to address these important issues.
  Mr. President, I ask unanimous consent that the text of this 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. 917

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Outer 
     Continental Shelf Reform Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. National policy for the outer Continental Shelf.
Sec. 5. Structural reform of outer Continental Shelf program 
              management.
Sec. 6. Safety, environmental, and financial reform of the Outer 
              Continental Shelf Lands Act.
Sec. 7. Study on the effect of the moratoria on new deepwater drilling 
              in the Gulf of Mexico on employment and small businesses.
Sec. 8. Reform of other law.
Sec. 9. Safer oil and gas production.
Sec. 10. National Commission on Outer Continental Shelf Oil Spill 
              Prevention.
Sec. 11. Classification of offshore systems.
Sec. 12. Savings provisions.
Sec. 13. Budgetary effects.

     SEC. 2. PURPOSES.

       The purposes of this Act 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--
       (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. 3. DEFINITIONS.

       In this Act:
       (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. 4. 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. 5. 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.

[[Page S2786]]

       ``(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.
       ``(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. 6. 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;

[[Page S2787]]

       ``(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

       ``(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 resdesignating 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

[[Page S2788]]

       ``(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.
       ``(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 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

[[Page S2789]]

     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 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,

[[Page S2790]]

     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. 7. 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 Secretary 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. 8. 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.''.

     SEC. 9. 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

[[Page S2791]]

     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 Safe and Responsible Energy 
     Production Improvement 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--
       (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. 10. 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;

[[Page S2792]]

       (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 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

[[Page S2793]]

     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. 11. CLASSIFICATION OF OFFSHORE SYSTEMS.

       (a) Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary and the Secretary of the 
     Department in which the Coast Guard is operating shall 
     jointly issue regulations requiring systems (including 
     existing systems) used in the offshore exploration, 
     development, and production of oil and gas in the outer 
     Continental Shelf to be constructed, maintained, and operated 
     so as to meet classification, certification, rating, and 
     inspection standards that are necessary--
       (A) to protect the health and safety of affiliated workers; 
     and
       (B) to prevent environmental degradation.
       (2) Third-party verification.--The standards established by 
     regulation under paragraph (1) shall be verified through 
     certification and classification by independent third parties 
     that--
       (A) have been preapproved by both the Secretary and the 
     Secretary of the Department in which the Coast Guard is 
     operating; and
       (B) have no financial conflict of interest in conducting 
     the duties of the third parties.
       (3) Minimum systems covered.--At a minimum, the regulations 
     issued under paragraph (1) shall require the certification 
     and classification by an independent third party who meets 
     the requirements of paragraph (2) of--
       (A) mobile offshore drilling units;
       (B) fixed and floating drilling or production facilities;
       (C) drilling systems, including risers and blowout 
     preventers; and
       (D) any other equipment dedicated to the safety systems 
     relating to offshore extraction and production of oil and 
     gas.
       (4) Exceptions.--The Secretary and the Secretary of the 
     Department in which the Coast Guard is operating may waive 
     the standards established by regulation under paragraph (1) 
     for an existing system only if--
       (A) the system is of an age or type where meeting such 
     requirements is impractical; and
       (B) the system poses an acceptably low level of risk to the 
     environment and to human safety.
       (b) Authority of Coast Guard.--Nothing in this section 
     preempts or interferes with the authority of the Coast Guard.

     SEC. 12. 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 Act) 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 unless previously 
     scheduled to expire or until otherwise modified or rescinded 
     by this Act or any other Act.
       (b) Effect on Other Authorities.--This Act does not amend 
     or alter the provisions of other applicable laws, unless 
     otherwise noted.

     SEC. 13. 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 Mr. HARKIN (for himself and Mrs. Gillibrand):
  S. 919. A bill to authorize grant programs to ensure successful, 
safe, and healthy students; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. HARKIN. Mr. President, one of our greatest national priorities is 
ensuring that all students in all schools are in settings that are 
safe; classrooms that support learning; situations that ensure our 
children will be successful.
  To be a successful student, to be a contributing citizen to our 
democracy, to be prepared for college and the workforce of tomorrow, 
our students need to be of sound mind, of sound body, and have access 
to resources that will support their success.
  Students who travel to school safely; who attend classes in 
structurally sound buildings where the adults model positive teamwork 
and collaboration skills; where good nutrition is available and where 
opportunities for physical activity are available and expected; where 
they have a safe, supportive social environment, students who have all 
of these conditions in their schools will be prepared to achieve high 
academic standards.
  In a country where almost one in every five children is obese, where 
thousands of students are bullied and harassed daily, and where access 
to high-quality mental and physical health care is limited, students 
must have these basic conditions for learning in order to be 
successful.
  While the Department of Justice reports that the rate of serious 
incidents of school violence continue to decline, according to the 
National Center for Education Statistics, bullying remains a pervasive 
problem that affects almost one in four students each year. As

[[Page S2794]]

we have seen in recent times, sometimes bullying results in the worst 
possible tragedy, the death of a child.
  Fifteen-year-old Phoebe Prince, a freshman at South Hadley High 
School in Massachusetts, endured nearly three months of routine torment 
by classmates. On January 14, 2010, Phoebe hanged herself in the 
stairwell of her family's home, following weeks of taunting by 
classmates. The day before she died, she told a friend: ``School has 
been close to intolerable lately.'' In California, thirteen-year-old 
Seth Walsh committed suicide this past October because of the bullying 
he experienced in his school. We need to have the expectations in all 
of our schools that all students will be valued and all students will 
have a safe haven to learn and achieve. In New York City, middle 
schooler Gurwinder Singh was targeted by bullies who bashed his head 
into a metal pole while bystanders watched, because of his Sikh 
religion. Luckily, Gurwinder survived, and has become an outspoken 
proponent of bullying prevention. We cannot stand idly by when school 
becomes a hostile place for kids.
  Thus, today, I am introducing the Successful, Safe and Healthy 
Students Act. This legislation will advance student achievement and 
promote the positive physical, mental, and emotional health of students 
throughout the nation. It will help to reduce violence in schools, 
prevent bullying and harassment, help students make responsible choices 
about drugs, tobacco, and alcohol, and create the type of school 
environments where students can do their best work and achieve the 
highest possible academic outcomes, while also becoming healthy, happy 
and productive members of their communities.
  Essential conditions for learning include schools that provide for 
adequate physical activity, positive mental health, and safe 
environments. Those conditions include physical and emotional safety 
for both students and school personnel and promote positive character 
development in our youth. Schools with the essential conditions for 
learning also provide for opportunities for good nutrition and healthy 
living, and are free of violence, harassment, bullying and other forms 
of interpersonal aggression. Schools that have the right conditions for 
learning are free of weapons and prevent the use and abuse of drugs and 
alcohol. And schools with good conditions for learning have positive 
adult role models with high expectations for students' development, 
conduct, and academic achievement.
  For those who might be skeptical about these critical conditions for 
learning, we only need to look to the States and their efforts to 
improve school performance and accountability. Many States are moving 
beyond the limited measures of school performance required by No Child 
Left Behind and have started to collect data on school-wide factors 
that are associated with student success. Some of these areas include 
school climate, physical activity of students, and physical and 
emotional safety. In fact, a March 2011 report from the RAND 
Corporation indicated that many States are now establishing 
accountability systems that include school safety, school climate, 
family involvement, and student engagement.
  This legislation will provide to each State the support necessary to 
measure the conditions for learning in each school in each school in 
the State. Resources will also be available to offer grants to school 
districts to establish policies and activities to improve the 
conditions for learning in each of their schools. This legislation 
gives State and local school districts the resources and opportunities 
to create safe, healthy schools that will enhance the academic 
achievement of students.
  This legislation is an essential tool for our States and local 
schools to support students who are prepared for college, a career, and 
to be world-class citizens.
  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. 919

       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 ``Successful, Safe, and 
     Healthy Students Act of 2011''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to assist States in developing 
     and implementing comprehensive programs and strategies to 
     foster positive conditions for learning in public schools, in 
     order to increase academic achievement for all students 
     through the provision of Federal assistance to States for--
       (1) promotion of student physical health and well-being, 
     nutrition, and fitness;
       (2) promotion of student mental health and well-being;
       (3) prevention of violence, harassment (which includes 
     bullying), and substance abuse among students; and
       (4) promotion of safe and supportive schools.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Child and adolescent psychiatrist; other qualified 
     psychologist; school counselor; school psychologist; school 
     social worker.--The terms ``child and adolescent 
     psychiatrist'', ``other qualified psychologist'', ``school 
     counselor'', ``school psychologist'', and ``school social 
     worker'' shall have the meanings given the terms in section 
     5421(e) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7245(e)).
       (2) Conditions for learning.--The term ``conditions for 
     learning'' means conditions that advance student achievement 
     and positive child and youth development by proactively 
     supporting schools (inclusive of in and around the school 
     building, pathways to and from the school and students' 
     homes, school-sponsored activities, and electronic and social 
     media involving students or school personnel) that--
       (A) promote physical, mental, and emotional health;
       (B) ensure physical and emotional safety for students and 
     staff;
       (C) promote social, emotional, and character development; 
     and
       (D) have the following attributes:
       (i) Provide opportunities for physical activity, good 
     nutrition, and healthy living.
       (ii) Are free of harassment (which includes bullying), 
     abuse, dating violence, and all other forms of interpersonal 
     aggression or violence.
       (iii) Prevent use and abuse of drugs (including tobacco, 
     alcohol, illegal drugs, and unauthorized use of 
     pharmaceuticals).
       (iv) Are free of weapons.
       (v) Do not condone or tolerate unhealthy or harmful 
     behaviors, including discrimination of any kind.
       (vi) Help staff and students to model positive social and 
     emotional skills, including tolerance and respect for others.
       (vii) Promote concern for the well-being of students, 
     including through the presence of caring adults.
       (viii) Employ adults who have--

       (I) high expectations for student conduct, character, and 
     academic achievement; and
       (II) the capacity to establish supportive relationships 
     with students.

       (ix) Engage families and community members in meaningful 
     and sustained ways to promote positive student academic 
     achievement, developmental, and social outcomes.
       (3) Conditions for learning measurement system.--
       (A) In general.--The term ``conditions for learning 
     measurement system'' means a State reporting and information 
     system that measures conditions for learning in the State and 
     is, to the extent possible, part of the State's statewide 
     longitudinal data system and with the State's system for 
     reporting the data required under section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311).
       (B) Description of system.--Such system shall--
       (i) contain, at a minimum, data from valid and reliable 
     surveys of students and staff and the indicators in clause 
     (ii) that allow staff at the State, local educational 
     agencies, and schools to examine and improve school-level 
     conditions for learning;
       (ii) collect school-level data on--

       (I) physical education indicators;
       (II) individual student attendance and truancy;
       (III) in-school suspensions, out-of-school suspensions, 
     expulsions, referrals to law enforcement, school-based 
     arrests, and disciplinary transfers (including placements in 
     alternative schools) by student;
       (IV) the frequency, seriousness, and incidence of violence 
     and drug-related offenses resulting in disciplinary action in 
     elementary schools and secondary schools in the State; and
       (V) the incidence and prevalence, age of onset, perception 
     of health risk, and perception of social disapproval of drug 
     use and violence, including harassment (which includes 
     bullying), by youth and school personnel in schools and 
     communities;

       (iii) collect and report data, including, at a minimum, the 
     data described in subclauses (II), (III), and (V) of clause 
     (ii), in the aggregate and disaggregated by the categories of 
     race, ethnicity, gender, disability status, migrant status, 
     English proficiency, and status as economically 
     disadvantaged, and cross tabulated across all of such 
     categories by gender and by disability;
       (iv) protect student privacy, consistent with applicable 
     data privacy laws and regulations, including section 444 of 
     the General Education Provisions Act (20 U.S.C. 1232g,

[[Page S2795]]

     commonly known as the ``Family Educational Rights and Privacy 
     Act of 1974''); and
       (v) to the extent possible, utilize a web-based reporting 
     system.
       (C) Compiling statistics.--In compiling the statistics 
     required to measure conditions for learning in the State--
       (i) the offenses described in subparagraph (B)(ii)(IV) 
     shall be defined pursuant to the State's criminal code, and 
     aligned to the extent possible, with the Federal Bureau of 
     Investigation's Uniform Crime Reports categories, but shall 
     not identify victims of crimes or persons accused of crimes 
     and the collected data shall include incident reports by 
     school officials, anonymous student surveys, and anonymous 
     teacher surveys;
       (ii) the performance metrics that are established under 
     section 5(i) shall be collected and the performance on such 
     metrics shall be defined and reported uniformly statewide;
       (iii) the State shall collect, analyze, and use the data 
     under subparagraph (B)(ii), as required under section 
     5(g)(5), at least annually, except the indicators under 
     subparagraph (B)(ii)(V) may be collected, at a minimum, every 
     2 years; and
       (iv) grant recipients and subgrant recipients shall use the 
     data for planning and continuous improvement of activities 
     implemented under this Act, and may collect data for 
     indicators that are locally defined, and that are not 
     reported to the State, to meet local needs (so long as such 
     indicators are aligned with the conditions for learning).
       (4) Drug and violence prevention.--The term ``drug and 
     violence prevention'' means--
       (A) with respect to drugs, prevention, early intervention, 
     rehabilitation referral, or education related to the abuse 
     and illegal use of drugs (including tobacco, alcohol, illegal 
     drugs, and unauthorized use of pharmaceuticals) to--
       (i) raise awareness about the costs and consequences of 
     substance use and abuse;
       (ii) change attitudes, perceptions, and social norms about 
     the dangers and acceptability of alcohol, tobacco, and drugs; 
     and
       (iii) reduce access to and use of alcohol, tobacco, and 
     drugs; and
       (B) with respect to violence, the promotion of school 
     safety on school premises, going to and from school, and at 
     school-sponsored activities, through the creation and 
     maintenance of a school environment that--
       (i) is free of weapons;
       (ii) fosters individual responsibility and respect for the 
     rights and dignity of others;
       (iii) employs positive, preventative approaches to school 
     discipline, such as schoolwide positive behavior supports and 
     restorative justice, that improve student engagement while 
     minimizing students' removal from instruction and reducing 
     disparities among the subgroups of students described in 
     section 1111(b)(2)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)); and
       (iv) demonstrates preparedness and readiness to respond to, 
     and recover from, incidents of school violence, such that 
     students and school personnel are free from--

       (I) violent and disruptive acts;
       (II) harassment (which includes bullying);
       (III) sexual harassment, dating violence, and abuse; and
       (IV) victimization associated with prejudice and 
     intolerance.

       (5) Eligible local applicant.--The term ``eligible local 
     applicant'' means a local educational agency, a consortium of 
     local educational agencies, or a nonprofit organization that 
     has a track record of success in implementing the proposed 
     activities and has signed a memorandum of understanding with 
     a local educational agency or consortium of local educational 
     agencies to--
       (A) implement school-based activities; and
       (B) conduct school-level measurement of conditions for 
     learning that are consistent with this Act.
       (6) Harassment.--The term ``harassment'' means conduct, 
     including bullying, that is sufficiently severe, persistent, 
     or pervasive to limit a student's ability to participate in 
     or benefit from a program or activity of a public school or 
     educational agency, or to create a hostile or abusive 
     educational environment at a program or activity of a public 
     school or educational agency, including acts of verbal, 
     nonverbal, or physical aggression, intimidation, or 
     hostility, if such conduct is based on--
       (A) a student's actual or perceived race, color, national 
     origin, sex, disability, sexual orientation, gender identity, 
     or religion;
       (B) the actual or perceived race, color, national origin, 
     sex, disability, sexual orientation, gender identity, or 
     religion of a person with whom a student associates or has 
     associated; or
       (C) any other distinguishing characteristics that may be 
     defined by a State or local educational agency.
       (7) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (8) Physical education indicators.--The term ``physical 
     education indicators'' means a set of measures for 
     instruction on physical activity, health-related fitness, 
     physical competence, and cognitive understanding about 
     physical activity. Such indicators shall be publicly reported 
     annually in the State's conditions for learning measurement 
     system, and shall include--
       (A) for the State, for each local educational agency in the 
     State, and for each school in the State, the average number 
     of minutes that all students spend in required physical 
     education, and the average number of minutes that all 
     students engage in moderate to vigorous physical activity, as 
     measured against established recommended guidelines of the 
     Centers for Disease Control and Prevention and the Department 
     of Health and Human Services;
       (B) for the State, the percentage of local educational 
     agencies that have a required, age-appropriate physical 
     education curriculum that adheres to Centers for Disease 
     Control and Prevention guidelines and State standards;
       (C) for the State, for each local educational agency in the 
     State, and for each school in the State, the percentage of 
     elementary school and secondary school physical education 
     teachers who are State licensed or certified to teach 
     physical education;
       (D) for the State, and for each local educational agency in 
     the State, the percentage of schools that have a State 
     certified or licensed physical education teacher certified in 
     adapted physical education; and
       (E) for each school in the State, the number of indoor 
     square feet and the number of outdoor square feet used 
     primarily for physical education.
       (9) Programs to promote mental health.--The term ``programs 
     to promote mental health'' means programs that--
       (A) develop students' social and emotional competencies; 
     and
       (B) link students with local mental health systems as 
     follows:
       (i) Enhance, improve, or develop collaborative efforts 
     between school-based service systems and mental health 
     service systems to provide, enhance, or improve prevention, 
     diagnosis, and treatment services to students, and to improve 
     student social emotional competencies.
       (ii) Enhance the availability of crisis intervention 
     services, appropriate referrals for students potentially in 
     need of mental health services, including suicide prevention, 
     and ongoing mental health services.
       (iii) Provide training for the school personnel and mental 
     health professionals who will participate in the program.
       (iv) Provide technical assistance and consultation to 
     school systems, mental health agencies, and families 
     participating in the program.
       (v) Provide services that establish or expand school 
     counseling and mental health programs that--

       (I) are comprehensive in addressing the counseling, social, 
     emotional, behavioral, mental health, and educational needs 
     of all students;
       (II) use a developmental, preventive approach to counseling 
     and mental health services;
       (III) are linguistically appropriate and culturally 
     responsive;
       (IV) increase the range, availability, quantity, and 
     quality of counseling and mental health services in the 
     elementary schools and secondary schools of the local 
     educational agency;
       (V) expand counseling and mental health services through 
     school counselors, school social workers, school 
     psychologists, other qualified psychologists, or child and 
     adolescent psychiatrists;
       (VI) use innovative approaches to--

       (aa) increase children's understanding of peer and family 
     relationships, work and self, decisionmaking, or academic and 
     career planning; or
       (bb) improve peer interaction;

       (VII) provide counseling and mental health services in 
     settings that meet the range of student needs;
       (VIII) include professional development appropriate to the 
     activities covered in this paragraph for teachers, school 
     leaders, instructional staff, and appropriate school 
     personnel, including training in appropriate identification 
     and early intervention techniques by school counselors, 
     school social workers, school psychologists, other qualified 
     psychologists, or child and adolescent psychiatrists;
       (IX) ensure a team approach to school counseling and mental 
     health services in the schools served by the local 
     educational agency;
       (X) ensure work toward ratios recommended--

       (aa) by the American School Counselor Association of 1 
     school counselor to 250 students;
       (bb) by the School Social Work Association of America of 1 
     school social worker to 400 students; and
       (cc) by the National Association of School Psychologists of 
     1 school psychologist to 700 students; and

       (XI) ensure that school counselors, school psychologists, 
     other qualified psychologists, school social workers, or 
     child and adolescent psychiatrists paid from funds made 
     available under this program spend a majority of their time 
     counseling or providing mental health services to students or 
     in other activities directly related to such processes.

       (10) Programs to promote physical activity, education, 
     fitness, and nutrition.--The term ``programs to promote 
     physical activity, education, fitness, and nutrition'' means 
     programs that increase and enable active student 
     participation in physical well-being activities and provide 
     teacher professional development. Such programs shall be

[[Page S2796]]

     comprehensive in nature, and include opportunities for 
     professional development for teachers of physical education 
     to stay abreast of the latest research, issues, and trends in 
     the field of physical education, and 1 or more of the 
     following activities:
       (A) Fitness education and assessment to help students 
     understand, improve, or maintain their physical well-being.
       (B) Instruction in a variety of motor skills and physical 
     activities designed to enhance the physical, mental, social, 
     and emotional development of every student.
       (C) Development of, and instruction in, cognitive concepts 
     about motor skill and physical fitness that support a 
     lifelong healthy lifestyle.
       (D) Opportunities to develop positive social and 
     cooperative skills through physical activity.
       (E) Instruction in healthy eating habits and good 
     nutrition.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (12) State.--The term ``State'' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).

     SEC. 4. RESERVATIONS.

       From amounts made available under section 9, the Secretary 
     shall reserve--
       (1) for the first 3 years for which funding is made 
     available under such section to carry out this Act--
       (A) not more than 30 percent of such amounts or 
     $30,000,000, whichever amount is more, for State conditions 
     for learning measurement system grants, distributed to every 
     State (by an application process consistent with section 
     5(d)(1)) in an amount proportional to each State's share of 
     funding under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), to 
     develop the State's conditions for learning measurement 
     system, and to conduct a needs analysis to meet the 
     requirements of section 5(d)(2)(D); and
       (B) not more than 68 percent of such amounts for 
     Successful, Safe, and Healthy Students State Grants under 
     section 5;
       (2) for the fourth year and each subsequent year for which 
     funding is made available under section 9 to carry out this 
     Act, not less than 98 percent of such amounts for Successful, 
     Safe, and Healthy Students State Grants under section 5; and
       (3) in each year for which funding is made available under 
     section 9 to carry out this Act, not more than 2 percent of 
     such amounts for technical assistance and evaluation.

     SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

       (a) Purpose.--The purpose of this section is to provide 
     funding to States to implement comprehensive programs that 
     address conditions for learning in schools in the State. Such 
     programs shall be based on --
       (1) scientifically valid research; and
       (2) an analysis of need that considers, at a minimum, the 
     indicators in the conditions for learning measurement system.
       (b) State Grants.--
       (1) In general.--From amounts reserved under section 4 for 
     Successful, Safe, and Healthy Students State Grants, the 
     Secretary shall award grants to States to carry out the 
     purpose of this section.
       (2) Awards to states.--
       (A) Formula grants.--If the total amount reserved under 
     section 4 for Successful, Safe, and Healthy Students State 
     Grants for a fiscal year is $500,000,000 or more, the 
     Secretary shall allot to each State with an approved 
     application an amount that bears the same relationship to 
     such total amount as the amount received under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) by such State for such fiscal year 
     bears to the amount received under such part for such fiscal 
     year by all States.
       (B) Competitive grants.--
       (i) In general.--If the total amount reserved under section 
     4 for Successful, Safe, and Healthy Students State Grants for 
     a fiscal year is less than $500,000,000, the Secretary shall 
     award grants under this section on a competitive basis.
       (ii) Sufficient size and scope.--In awarding grants on a 
     competitive basis pursuant to clause (i), the Secretary shall 
     ensure that grant awards are of sufficient size and scope to 
     carry out required and approved activities under this 
     section.
       (c) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall demonstrate that it has--
       (1) established a statewide physical education requirement 
     that is consistent with widely recognized standards; and
       (2) required all local educational agencies in the State 
     to--
       (A) establish policies that prevent and prohibit harassment 
     (which includes bullying) in schools; and
       (B) provide--
       (i) annual notice to parents and students describing the 
     full range of prohibited conduct contained in such local 
     educational agency's discipline policies; and
       (ii) grievance procedures for students or parents to 
     register complaints regarding the prohibited conduct 
     contained in such local educational agency's discipline 
     policies, including--

       (I) the name of the local educational agency officials who 
     are designated as responsible for receiving such complaints; 
     and
       (II) timelines that the local educational agency will 
     follow in the resolution of such complaints.

       (d) Applications.--
       (1) In general.--A State that desires to receive a grant 
     under this section shall submit an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       (2) Content of application.--At a minimum, the application 
     shall include--
       (A) documentation of the State's eligibility to receive a 
     grant under this section, as described in subsection (c);
       (B) an assurance that the policies used to prohibit 
     harassment (which includes bullying) in schools required 
     under subsection (c)(2)(A) emphasize alternatives to school 
     suspension that minimize students' removal from grade-level 
     instruction, promote mental health, and only allow out-of-
     school punishments in severe or persistent cases;
       (C) a plan for improving conditions for learning in schools 
     in the State in a manner consistent with the requirements of 
     the program that may be a part of a broader statewide child 
     and youth plan, if such a plan exists and is consistent with 
     the requirements of this Act;
       (D) a needs analysis of the conditions for learning in 
     schools in the State, which--
       (i) shall include a description of, and data measuring, the 
     State's conditions for learning; and
       (ii) may be a part of a broader statewide child and youth 
     needs analysis, if such an analysis exists and is consistent 
     with the requirements of this Act;
       (E) a description of how the activities the State proposes 
     to implement with grant funds are responsive to the results 
     of the needs analysis described in subparagraph (C); and
       (F) a description of how the State will--
       (i) develop, adopt, adapt, or implement the State's 
     conditions for learning measurement system, and how the State 
     will ensure that all local educational agencies and schools 
     in the State participate in such system;
       (ii) ensure the quality of the State's conditions for 
     learning data collection, including the State's plan for 
     survey administration and for ensuring the reliability and 
     validity of survey instruments;
       (iii) coordinate the proposed activities with other Federal 
     and State programs, including programs funded under this Act, 
     which may include programs to expand learning time and for 
     before- and after-school programming in order to provide 
     sufficient time to carry out the activities described in this 
     Act;
       (iv) assist local educational agencies to align activities 
     with funds the agencies receive under the program with other 
     funding sources in order to support a coherent and non-
     duplicative program;
       (v) solicit and approve subgrant applications, including 
     how the State will--

       (I) allocate funds for statewide activities and subgrants 
     for each year of the grant, consistent with allocation 
     requirements under subsection (h)(2); and
       (II) consider the results of the analysis described in 
     subparagraph (C) in the State's distribution of subgrants;

       (vi) address the needs of diverse geographic areas in the 
     State, including rural and urban communities;
       (vii) provide assistance to local educational agencies and 
     schools in their efforts to prevent and appropriately respond 
     to incidents of harassment (which includes bullying), 
     including building the capacity of such agencies and schools 
     to educate family and community members regarding the 
     agencies' and schools' respective roles in preventing and 
     responding to such incidents; and
       (viii) provide assistance to local educational agencies and 
     schools in their efforts to implement positive, preventative 
     approaches to school discipline, such as schoolwide positive 
     behavior supports and restorative justice, that improve 
     student engagement while minimizing students' removal from 
     instruction and reducing significant school discipline rates 
     and disciplinary disparities among the subgroups of students 
     described in section 1111(b)(2)(C)(v) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)).
       (3) Peer review.--The Secretary shall establish a peer 
     review process to review applications submitted under this 
     subsection.
       (e) Duration.--
       (1) In general.--A State that receives a grant under this 
     section may receive funding for not more than 5 years in 
     accordance with this subsection.
       (2) Initial period.--The Secretary shall award grants under 
     this section for an initial period of not more than 3 years.
       (3) Grant extension.--The Secretary may extend a 
     competitive grant awarded to a State under this section for 
     not more than an additional 2 years if the State shows 
     sufficient improvement, as determined by the Secretary, 
     against baseline data for the performance metrics established 
     under subsection (i).
       (f) Reservation and Use of Funds.--A State that receives a 
     grant under this section shall--
       (1) reserve not more than 10 percent of the grant funds for 
     administration of the program, technical assistance, and the 
     development, improvement, and implementation of the State's 
     conditions for learning measurement system, as described in 
     paragraphs (1) through (5) of subsection (g); and
       (2) use the remainder of grant funds after making the 
     reservation under paragraph (1)

[[Page S2797]]

     to award subgrants, on a competitive basis, to eligible local 
     applicants.
       (g) Required State Activities.--A State that receives a 
     grant under this section shall--
       (1) not later than 1 year after receipt of the grant, 
     develop, adapt, improve, or adopt and implement a statewide 
     conditions for learning measurement system (unless the State 
     can demonstrate, to the satisfaction of the Secretary, that 
     an appropriate system has already been implemented) that 
     annually measures the State's progress in the conditions for 
     learning for every public school in the State;
       (2) collect information in each year of the grant on the 
     conditions for learning at the school-building level through 
     comprehensive needs assessments of students, school staff, 
     and family perceptions, experiences, and behaviors;
       (3) collect annual incident data at the school-building 
     level that are accurate and complete;
       (4) publicly report, at the school level and district 
     level, the data collected in the conditions for learning 
     measurement system each year in a timely and highly 
     accessible manner;
       (5) use, on a continuous basis, the results of the 
     conditions for learning measurement system to--
       (A) identify and address conditions for learning statewide;
       (B) help subgrantees identify and address school and 
     student needs; and
       (C) provide individualized assistance to the lowest-
     performing schools (consistent with section 1116 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316)) and schools with significant conditions for learning 
     weaknesses as identified through the conditions for learning 
     measurement system with implementation of activities under 
     this Act; and
       (6) award subgrants, consistent with subsection (h), to 
     eligible local applicants.
       (h) Subgrants.--
       (1) In general.--
       (A) Awarding of subgrants.--A State that receives a grant 
     under this section shall award subgrants, on a competitive 
     basis, to eligible local applicants (which may apply in 
     partnership with 1 or more community-based organizations)--
       (i) based on need as identified by data from State and 
     local conditions for learning measurement systems;
       (ii) that are of sufficient size and scope to enable 
     subgrantees to carry out approved activities; and
       (iii) to implement programs that--

       (I) are comprehensive in nature;
       (II) are based on scientifically valid research;
       (III) are consistent with achieving the conditions for 
     learning;
       (IV) are part of a strategy to achieve all the conditions 
     for learning; and
       (V) address 1 or more of the categories described in 
     paragraph (2)(A).

       (B) Assistance.--A State that receives a grant under this 
     section shall provide assistance to subgrant applicants and 
     recipients in the selection of scientifically valid programs 
     and interventions.
       (2) Allocation.--
       (A) In general.--In awarding subgrants under this section, 
     each State shall ensure that, for the aggregate of all 
     subgrants awarded by the State--
       (i) not less than 20 percent of the subgrant funds are 
     allocated to carry out drug and violence prevention;
       (ii) not less than 20 percent of the subgrant funds are 
     allocated to carry out programs to promote mental health; and
       (iii) not less than 20 percent of the subgrant funds are 
     allocated to carry out programs to promote physical activity, 
     education, fitness, and nutrition.
       (B) Rule of construction.--Nothing in this section shall be 
     construed to require States, in making subgrants to eligible 
     local applicants, to require subgrant recipients to use 20 
     percent of grant funds for drug and violence prevention, 20 
     percent of grant funds for the promotion of mental health, 
     and 20 percent of grant funds for the promotion of physical 
     activity, education, fitness, and nutrition.
       (3) Applications.--An eligible local applicant that desires 
     to receive a subgrant under this subsection shall submit to 
     the State an application at such time, in such manner, and 
     containing such information as the State may require.
       (4) Priority.--In awarding subgrants under this subsection, 
     a State shall give priority to applications that--
       (A) demonstrate the greatest need according to the results 
     of the State's conditions for learning survey; and
       (B) propose to serve schools with the highest 
     concentrations of poverty, based on the percentage of 
     students receiving or are eligible to receive a free or 
     reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.).
       (5) Activities of subgrant recipients.--Each recipient of a 
     subgrant under this subsection shall, for the duration of the 
     subgrant--
       (A) carry out activities--
       (i) the need for which has been identified, at a minimum, 
     through the conditions for learning measurement system; and
       (ii) that are part of a comprehensive strategy or framework 
     to address such need, in 1 or more of the 3 categories 
     identified in paragraph (2)(A);
       (B) ensure that each framework, intervention, or program 
     selected be based on scientifically valid research and be 
     used for the purpose for which such framework, intervention, 
     or program was found to be effective;
       (C) use school-level data from the statewide conditions for 
     learning measurement system to inform the implementation and 
     continuous improvement of activities carried out under this 
     Act;
       (D) use data from the statewide conditions for learning 
     measurement system to identify challenges outside of school 
     or off school grounds, (including the need for safe passages 
     for students to and from school), and collaborate with 1 or 
     more community-based organization to address such challenges;
       (E) collect and report to the State educational agency, 
     data for schools served by the subgrant recipient, in a 
     manner consistent with the State's conditions for learning 
     measurement system;
       (F) establish policies to expand access to quality physical 
     activity opportunities, (including school wellness policies) 
     and establish active school wellness councils, consistent 
     with the requirements of the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.), which may be part of existing school 
     councils, if such councils exist and have the capacity and 
     willingness to address school wellness;
       (G) engage family members and community-based organizations 
     in the development of conditions for learning surveys, and in 
     the planning, implementation, and review of the subgrant 
     recipient's efforts under this Act; and
       (H) consider and accommodate the unique needs of students 
     with disabilities and English language learners in 
     implementing activities.
       (i) Accountability.--
       (1) Establishment of performance metrics.--The Secretary, 
     acting through the Director of the Institute of Education 
     Sciences, shall establish program performance metrics to 
     measure the effectiveness of the activities carried out under 
     this Act.
       (2) Annual report.--Each State that receives a grant under 
     this Act shall prepare and submit an annual report to the 
     Secretary, which shall include information relevant to the 
     conditions for learning, including on progress towards 
     meeting outcomes for the metrics established under paragraph 
     (1).

     SEC. 6. FUNDS RESERVED FOR SECRETARY.

       From the amount reserved under section 4(3), the Secretary 
     shall--
       (1) direct the Institute of Education Sciences to conduct 
     an evaluation of the impact of the practices funded or 
     disseminated by the Successful, Safe, and Healthy Students 
     State Grants program; and
       (2) provide technical assistance to applicants, recipients, 
     and subgrant recipients of the programs funded under this 
     Act.

     SEC. 7. PROHIBITED USES OF FUNDS.

       No funds appropriated under this Act may be used to pay 
     for--
       (1) school resource officer or other security personnel 
     salaries, metal detectors, security cameras, or other 
     security-related salaries, equipment, or expenses;
       (2) drug testing programs; or
       (3) the development, establishment, implementation, or 
     enforcement of zero-tolerance discipline policies, other than 
     those expressly required under the Gun-Free Schools Act (20 
     U.S.C. 7151 et seq.).

     SEC. 8. FEDERAL AND STATE NONDISCRIMINATION LAWS.

       Nothing in this Act shall be construed to invalidate or 
     limit nondiscrimination principles or rights, remedies, 
     procedures, or legal standards available to victims of 
     discrimination under any other Federal law or law of a State 
     or political subdivision of a State, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 
     IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
     seq.), section 504 or 505 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794 and 794a), or the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.). The obligations 
     imposed by this Act are in addition to those imposed by title 
     VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.), section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794), and the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $1,000,000,000 for fiscal year 2012 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.

                          ____________________