[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.
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