[House Report 113-493]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-493

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4899) TO LOWER GASOLINE 
   PRICES FOR THE AMERICAN FAMILY BY INCREASING DOMESTIC ONSHORE AND 
 OFFSHORE ENERGY EXPLORATION AND PRODUCTION, TO STREAMLINE AND IMPROVE 
  ONSHORE AND OFFSHORE ENERGY PERMITTING AND ADMINISTRATION, AND FOR 
  OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4923) 
  MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT AND RELATED 
 AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, AND FOR OTHER 
                    PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

   June 24, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Bishop (UT), from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 641]

    The Committee on Rules, having had under consideration 
House Resolution 641, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4899, the 
Lowering Gasoline Prices to Fuel an America That Works Act of 
2014, under a structured rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on Natural 
Resources. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 113-50 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 4923, the Energy and Water Development and Related 
Agencies Appropriations Act, 2015, under a modified-open rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Appropriations. The resolution waives all 
points of order against consideration of the bill. The 
resolution waives points of order against provisions in the 
bill for failure to comply with clause 2 of rule XXI. The 
resolution provides that after general debate the bill shall be 
considered for amendment under the five-minute rule. During 
consideration of the bill for amendment: (1) amendments shall 
be debatable for 10 minutes equally divided and controlled by 
the proponent and an opponent and shall not be subject to 
amendment; and (2) no pro forma amendments shall be in order 
except that the chair and ranking minority member of the 
Committee on Appropriations or their respective designees may 
offer up to 10 pro forma amendments each at any point for the 
purpose of debate. Under the rules of the House the bill shall 
be read for amendment by paragraph. The resolution authorizes 
the Chair to accord priority in recognition to Members who have 
pre-printed their amendments in the Congressional Record. The 
resolution provides one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides that on any 
legislative day during the period from June 27, 2014, through 
July 7, 2014: the Journal of the proceedings of the previous 
day shall be considered as approved; and the Chair may at any 
time declare the House adjourned to meet at a date and time to 
be announced by the Chair in declaring the adjournment.
    Section 4 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 3.
    Section 5 of the resolution provides for consideration of 
concurrent resolutions providing for adjournment during the 
month of July.
    Section 6 of the resolution provides that the Committee on 
Appropriations may, at any time before 5 p.m. on Thursday, July 
3, 2014, file privileged reports to accompany measures making 
appropriations for the fiscal year ending September 30, 2015.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 4899, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 4899 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    The waiver of all points of order against consideration of 
H.R. 4923 includes a waiver of clause 4(c) of rule XIII, which 
prohibits consideration of a general appropriations bill 
reported by the Committee on Appropriations from being 
considered in the House until the third calendar day on which 
printed hearings of the Committee on Appropriations thereon 
have been available to Members.
    The resolution includes a waiver of points of order against 
provisions in H.R. 4923 for failure to comply with clause 2 of 
rule XXI, which prohibits unauthorized appropriations or 
legislative provisions in an appropriations bill. The waiver is 
necessary because the bill contains unauthorized appropriations 
and legislative provisions included in the bill.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 147

    Motion by Ms. Slaughter to report open rules for H.R. 4899 
and H.R. 4923. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 148

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
9-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................  ............
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 4899 MADE IN ORDER

    1. Wittman (VA), Duncan (SC): Grants the Secretary of the 
Interior the ability to add a lease sale area to a finalized 5 
year plan, as long as all of the National Environmental Policy 
Act requirements have been met on that specific area within the 
last 5 years. (10 minutes)
    2. Lowenthal (CA), Capps (CA), Farr (CA), Holt (NJ), Honda 
(CA), Huffman (CA), Langevin (RI), Peters, Scott (CA), Pingree 
(ME), Shea-Porter (NH), Lee, Barbara (CA): Strikes section 
10410 which prohibits BOEM and BSEE from coordinating coastal 
and marine spatial planning under the National Ocean Policy. 
(10 minutes)
    3. Duncan (SC), Rigell (VA), Wittman (VA), Hudson (NC), 
Graves, Tom (GA), Ellmers (NC): Directs the Bureau of Ocean 
Energy Management to include Virginia, North Carolina, South 
Carolina and Georgia into an administrative planning area for 
offshore leasing purposes. (10 minutes)
    4. Wittman (VA): Fosters STEM education in the South 
Atlantic states by allowing colleges, universities and 
historically black colleges and universities (with a preference 
to military veteran serving institutions of higher education) 
to partner with the Bureau of Ocean Energy Management to train 
the next generation of geological and geophysical scientists to 
better understand the oil, gas and other hydrocarbon potential 
of the offshore South Atlantic. (10 minutes)
    5. Capps (CA), Brownley (CA), Huffman (CA), Lowenthal (CA): 
Requires the Secretary of the Interior to notify all relevant 
state and local regulatory agencies and publish a notice in the 
Federal Register, within 30 days after receiving any 
application for a permit that would allow the conduct of any 
offshore oil and gas well stimulation activities. (10 minutes)
    6. Deutch (FL): Strikes the provision that an action 
involving a covered energy decision shall take precedence over 
all other pending matters before the district court. (10 
minutes)
    7. Blumenauer (OR): Requires companies holding leases, 
which allow them to drill on public lands off-shore without 
paying a royalty, to renegotiate those leases prior to bidding 
on new leases issued pursuant to Title I of this Act. (10 
minutes)
    8. Bishop, Rob (UT): Prohibits the Secretary from 
canceling, deferring or withdrawing any lease previously 
announced to be auctioned based on public comments received by 
the Department after the public comment period has expired. (10 
minutes)
    9. Jackson Lee (TX): Establishes an Office of Energy 
Employment and Training to ensure that veterans, women, and 
underrepresented minorities are fully included in the hiring 
and training efforts of the Department of the Interior's energy 
planning, permitting, and regulatory agencies. (10 minutes)
    10. DeFazio (OR): Authorizes $10 million of the revenue 
generated by the underlying bill for the Commodity Futures 
Trading Commission to use existing authority to limit 
speculation in energy markets. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 4899 MADE IN ORDER

1. An Amendment To Be Offered by Representative Wittman of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 9, after line 17, add the following:

SEC. __. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR PLAN.

  Section 18(d) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1344(d)) is amended--
          (1) in paragraph (3), by striking ``After'' and 
        inserting ``Except as provided in paragraph (4), 
        after''; and
          (2) by adding at the end the following:
  ``(4) The Secretary may add to the areas included in an 
approved leasing program additional areas to be made available 
for leasing under the program, if all review and documents 
required under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) have been completed with respect 
to leasing of each such additional area within the 5-year 
period preceding such addition.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Lowenthal of California 
               or His Designee, Debatable for 10 Minutes

  Page 49, beginning at line 7, strike section 10410.
                              ----------                              


    3. An Amendment To Be Offered by Representative Duncan of South 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 51, after line 21, insert the following:

SEC. __. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA DEFINED.

  For the purposes of this Act, the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.), and any regulations or 5-
year plan issued under that Act, the term ``South Atlantic 
Outer Continental Shelf Planning Area'' means the area of the 
outer Continental Shelf (as defined in section 2 of that Act 
(43 U.S.C. 1331)) that is located between the northern lateral 
seaward administrative boundary of the State of Virginia and 
the southernmost lateral seaward administrative boundary of the 
State of Georgia.
                              ----------                              


4. An Amendment To Be Offered by Representative Wittman of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 51, after line 21, insert the following:

SEC. __. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR AMERICA'S 
                    ENERGY FUTURE.

  Section 11 of the Outer Continental Shelf lands Act (43 
U.S.C. 1340) is amended by adding at the end the following:
  ``(i) Enhancing Geological and Geophysical Information for 
America's Energy Future.--
          ``(1) The Secretary, acting through the Director of 
        the Bureau of Ocean Energy Management, shall facilitate 
        and support the practical study of geology and 
        geophysics to better understand the oil, gas, and other 
        hydrocarbon potential in the South Atlantic Outer 
        Continental Shelf Planning Area by entering into 
        partnerships to conduct geological and geophysical 
        activities on the outer Continental Shelf.
          ``(2)(A) No later than 180 days after the date of 
        enactment of the Lowering Gasoline Prices to Fuel an 
        America That Works Act of 2014, the Governors of the 
        States of Georgia, South Carolina, North Carolina, and 
        Virginia may each nominate for participation in the 
        partnerships--
                  ``(i) one institution of higher education 
                located within the Governor's State; and
                  ``(ii) one institution of higher education 
                within the Governor's State that is a 
                historically black college or university, as 
                defined in section 631(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1132(a)).
          ``(B) In making nominations, the Governors shall give 
        preference to those institutions of higher education 
        that demonstrate a vigorous rate of admission of 
        veterans of the Armed Forces of the United States.
          ``(3) The Secretary shall only select as a partner a 
        nominee that the Secretary determines demonstrates 
        excellence in geophysical sciences curriculum, 
        engineering curriculum, or information technology or 
        other technical studies relating to seismic research 
        (including data processing).
          ``(4) Notwithstanding subsection (d), nominees 
        selected as partners by the Secretary may conduct 
        geological and geophysical activities under this 
        section after filing a notice with the Secretary 30-
        days prior to commencement of the activity without any 
        further authorization by the Secretary except those 
        activities that use solid or liquid explosives shall 
        require a permit. The Secretary may not charge any fee 
        for the provision of data or other information 
        collected under this authority, other than the cost of 
        duplicating any data or information provided. Nominees 
        selected as partners under this section shall provide 
        to the Secretary any data or other information 
        collected under this subsection within 60 days after 
        completion of an initial analysis of the data or other 
        information collected, if so requested by the 
        Secretary.
          ``(5) Data or other information produced as a result 
        of activities conducted by nominees selected as 
        partners under this subsection shall not be used or 
        shared for commercial purposes by the nominee, may not 
        be produced for proprietary use or sale, and shall be 
        made available by the Secretary to the public.
          ``(6) The Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and 
        the Committee on Energy and Natural Resources of the 
        Senate reports on the data or other information 
        produced under the partnerships under this section. 
        Such reports shall be made no less frequently than 
        every 180 days following the conduct of the first 
        geological and geophysical activities under this 
        section.
          ``(7) In this subsection the term `geological and 
        geophysical activities' means any oil- or gas-related 
        investigation conducted on the outer Continental Shelf, 
        including geophysical surveys where magnetic, gravity, 
        seismic, or other systems are used to detect or imply 
        the presence of oil or gas.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Capps of California or 
                 Her Designee, Debatable for 10 Minutes

  In title I, at the end of subtitle F (page 51, after line 21) 
add the following:

SEC. __. NOTICE OF RECEIPT OF ANY APPLICATION FOR A PERMIT THAT WOULD 
                    ALLOW THE CONDUCT OF ANY OFFSHORE OIL AND GAS WELL 
                    STIMULATION ACTIVITIES.

  The Secretary of the Interior shall notify all relevant State 
and local regulatory agencies and publish a notice in the 
Federal Register, within 30 days after receiving any 
application for a permit that would allow the conduct of any 
offshore oil and gas well stimulation activities.
                              ----------                              


 6. An Amendment To Be Offered by Representative Deutch of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 52, at line 14 insert ``and'' after the semicolon, at 
line 17 strike ``; and'' and insert a period, and strike lines 
18 and 19.
                              ----------                              


7. An Amendment To Be Offered by Representative Blumenauer of Oregon or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I (page 54, after line 24) add the 
following:

                  Subtitle E--Miscellaneous Provisions

SEC. 25001. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

  (a) Issuance of New Leases.--
          (1) In general.--Beginning in fiscal year 2016, the 
        Secretary of the Interior shall not accept bids on any 
        new leases offered pursuant to this title (including 
        the amendments made by this title) from a person 
        described in paragraph (2) unless the person has 
        renegotiated each covered lease with respect to which 
        the person is a lessee, to modify the payment 
        responsibilities of the person to require the payment 
        of royalties if the price of oil and natural gas is 
        greater than or equal to the price thresholds described 
        in clauses (v) through (vii) of section 8(a)(3)(C) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)).
          (2) Persons described.--A person referred to in 
        paragraph (1) is--
                  (A) a person that is a lessee that--
                          (i) holds a covered lease on the date 
                        on which the Secretary considers the 
                        issuance of the new lease; or
                          (ii) was issued a covered lease 
                        before the date of enactment of this 
                        Act, but transferred the covered lease 
                        to another person or entity (including 
                        a subsidiary or affiliate of the 
                        lessee) after the date of enactment of 
                        this Act; or
                  (B) any other person that has any direct or 
                indirect interest in, or that derives any 
                benefit from, a covered lease.
          (3) Multiple lessees.--
                  (A) In general.--For purposes of paragraph 
                (1), if there are multiple lessees that own a 
                share of a covered lease, the Secretary may 
                implement separate agreements with any lessee 
                with a share of the covered lease that modifies 
                the payment responsibilities with respect to 
                the share of the lessee to include price 
                thresholds that are equal to or less than the 
                price thresholds described in clauses (v) 
                through (vii) of section 8(a)(3)(C) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(a)(3)(C)).
                  (B) Treatment of share as covered lease.--
                Beginning on the effective date of an agreement 
                under subparagraph (A), any share subject to 
                the agreement shall not constitute a covered 
                lease with respect to any lessees that entered 
                into the agreement.
  (b) Transfers.--A lessee or any other person who has any 
direct or indirect interest in, or who derives a benefit from, 
a covered lease shall not be eligible to obtain by sale or 
other transfer (including through a swap, spinoff, servicing, 
or other agreement) any new lease offered pursuant to this 
title (including the amendments made by this title) or the 
economic benefit of any such new lease, unless the lessee or 
other person has--
          (1) renegotiated each covered lease with respect to 
        which the lessee or person is a lessee, to modify the 
        payment responsibilities of the lessee or person to 
        include price thresholds that are equal to or less than 
        the price thresholds described in clauses (v) through 
        (vii) of section 8(a)(3)(C) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or
          (2) entered into an agreement with the Secretary to 
        modify the terms of all covered leases of the lessee or 
        other person to include limitations on royalty relief 
        based on market prices that are equal to or less than 
        the price thresholds described in clauses (v) through 
        (vii) of section 8(a)(3)(C) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
  (c) Definitions.--In this section:
          (1) Covered lease.--The term ``covered lease'' means 
        a lease for oil or gas production in the Gulf of Mexico 
        that is--
                  (A) in existence on the date of enactment of 
                this Act;
                  (B) issued by the Department of the Interior 
                under section 304 of the Outer Continental 
                Shelf Deep Water Royalty Relief Act (43 U.S.C. 
                1337 note; Public Law 104-58); and
                  (C) not subject to limitations on royalty 
                relief based on market price that are equal to 
                or less than the price thresholds described in 
                clauses (v) through (vii) of section 8(a)(3)(C) 
                of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1337(a)(3)(C)).
          (2) Lessee.--The term ``lessee'' includes any person 
        or other entity that controls, is controlled by, or is 
        in or under common control with, a lessee.
          (3) New lease.--The term ``new lease'' means a lease 
        issued in a lease sale under this title or the 
        amendments made by this title.
                              ----------                              


 8. An Amendment To Be Offered by Representative Bishop of Utah or His 
                   Designee, Debatable for 10 Minutes

  Page 69, after line 4, insert the following (and redesignate 
the subsequent subparagraphs accordingly):
  ``(F) After the conclusion of the public comment period for a 
planned competitive lease sale, the Secretary shall not cancel, 
defer, or withdraw any lease parcel announced to be auctioned 
in the lease sale.
                              ----------                              


9. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. 01. ESTABLISHMENT OF OFFICE OF ENERGY EMPLOYMENT AND TRAINING.

  (a) Establishment.--The Secretary of the Interior shall 
establish an Office of Energy Employment and Training, which 
shall oversee the hiring and training efforts of the Department 
of the Interior's energy planning, permitting, and regulatory 
agencies.
  (b) Director.--
          (1) In general.--The Office shall be under the 
        direction of a Deputy Assistant Secretary for Energy 
        Employment and Training, who shall report directly to 
        the Assistant Secretary for Energy, Lands and Minerals 
        Management, and shall be fully employed to carry out 
        the functions of the Office.
          (2) Duties.--The Deputy Assistant Secretary for 
        Energy Employment and Training shall perform the 
        following functions:
                  (A) Develop and implement systems to track 
                the Department's hiring of trained skilled 
                workers in the energy permitting and inspection 
                agencies.
                  (B) Design and recommend to the Secretary 
                programs and policies aimed at expanding the 
                Department's hiring of women, minorities, and 
                veterans into the Department's workforce 
                dealing with energy permitting and inspection 
                programs. Such programs and policies shall 
                include--
                          (i) recruiting at historically black 
                        colleges and universities, Hispanic-
                        serving institutions, women's colleges, 
                        and colleges that typically serve 
                        majority minority populations;
                          (ii) sponsoring and recruiting at job 
                        fairs in urban communities;
                          (iii) placing employment 
                        advertisements in newspapers and 
                        magazines oriented toward minorities, 
                        veterans, and women;
                          (iv) partnering with organizations 
                        that are focused on developing 
                        opportunities for minorities, veterans, 
                        and women to be placed in Departmental 
                        internships, summer employment, and 
                        full-time positions relating to energy;
                          (v) where feasible, partnering with 
                        inner-city high schools, girls' high 
                        schools, and high schools with majority 
                        minority populations to demonstrate 
                        career opportunities and the path to 
                        those opportunities available at the 
                        Department;
                          (vi) coordinating with the Department 
                        of Veterans Affairs and the Department 
                        of Defense in the hiring of veterans; 
                        and
                          (vii) any other mass media 
                        communications that the Deputy 
                        Assistant Secretary determines 
                        necessary to advertise, promote, or 
                        educate about opportunities at the 
                        Department.
                  (C) Develop standards for--
                          (i) equal employment opportunity and 
                        the racial, ethnic, and gender 
                        diversity of the workforce and senior 
                        management of the Department; and
                          (ii) increased participation of 
                        minority-owned, veteran-owned, and 
                        women-owned businesses in the programs 
                        and contracts with the Department.
                  (D) Review and propose for adoption the best 
                practices of entities regulated by the 
                Department with regards to hiring and diversity 
                policies, and publish those best practices for 
                public review.
  (c) Reports.--The Secretary shall submit to Congress an 
annual report regarding the actions taken by the Department of 
the Interior agency and the Office pursuant to this section, 
which shall include--
          (1) a statement of the total amounts paid by the 
        Department to minority contractors;
          (2) the successes achieved and challenges faced by 
        the Department in operating minority, veteran or 
        service-disabled veteran, and women outreach programs;
          (3) the challenges the Department may face in hiring 
        minority, veteran, and women employees and contracting 
        with veteran or service-disabled veteran, minority-
        owned, and women-owned businesses; and
          (4) any other information, findings, conclusions, and 
        recommendations for legislative or Department action, 
        as the Director determines appropriate.
  (d) Definitions.--For purposes of this section, the following 
definitions shall apply:
          (1) Minority.--The term ``minority'' means United 
        States citizens who are Asian Indian American, Asian 
        Pacific American, Black American, Hispanic American, or 
        Native American.
          (2) Minority-owned business.--The term ``minority-
        owned business'' means a for-profit enterprise, 
        regardless of size, physically located in the United 
        States or its trust territories, that is owned, 
        operated, and controlled by minority group members. 
        ``Minority group members'' are United States citizens 
        who are Asian Indian American, Asian Pacific American, 
        Black American, Hispanic American, or Native American 
        (terminology in NMSDC categories). Ownership by 
        minority individuals means the business is at least 51 
        percent owned by such individuals or, in the case of a 
        publicly owned business, at least 51 percent of the 
        stock is owned by one or more such individuals. 
        Further, the management and daily operations are 
        controlled by those minority group members. For 
        purposes of NMSDC's program, a minority group member is 
        an individual who is a United States citizen with at 
        least 1/4 or 25 percent minimum (documentation to 
        support claim of 25 percent required from applicant) of 
        one or more of the following:
                  (A) Asian Indian American, which is a United 
                States citizen whose origins are from India, 
                Pakistan, or Bangladesh.
                  (B) Asian Pacific American, which is a United 
                States citizen whose origins are from Japan, 
                China, Indonesia, Malaysia, Taiwan, Korea, 
                Vietnam, Laos, Cambodia, the Philippines, 
                Thailand, Samoa, Guam, the United States Trust 
                Territories of the Pacific, or the Northern 
                Marianas.
                  (C) Black American, which is a United States 
                citizen having origins in any of the Black 
                racial groups of Africa.
                  (D) Hispanic American, which is a United 
                States citizen of true-born Hispanic heritage, 
                from any of the Spanish-speaking areas of the 
                following regions: Mexico, Central America, 
                South America, and the Caribbean Basin only.
                  (E) Native American, which means a U.S. 
                citizen enrolled to a federally recognized 
                tribe, or a Native as defined under the Alaska 
                Native Claims Settlement Act.
          (3) NMSDC.--The term ``NMSDC'' means the National 
        Minority Supplier Development Council.
          (4) Women-owned business.--The term ``women-owned 
        business'' means a business that can verify through 
        evidence documentation that 51 percent or more is 
        women-owned, managed, and controlled. The business must 
        be open for at least 6 months. The business owner must 
        be a United States citizen or legal resident alien. 
        Evidence must indicate that--
                  (A) the contribution of capital or expertise 
                by the woman business owner is real and 
                substantial and in proportion to the interest 
                owned;
                  (B) the woman business owner directs or 
                causes the direction of management, policy, 
                fiscal, and operational matters; and
                  (C) the woman business owner has the ability 
                to perform in the area of specialty or 
                expertise without reliance on either the 
                finances or resources of a firm that is not 
                owned by a woman.
          (5) Service disabled veteran.--The term ``Service 
        Disabled Veteran'' must have a service-connected 
        disability that has been determined by the Department 
        of Veterans Affairs or Department of Defense. The 
        SDVOSBC must be small under the North American Industry 
        Classification System (NAICS) code assigned to the 
        procurement; the SDV must unconditionally own 51 
        percent of the SDVOSBC; the SDVO must control the 
        management and daily operations of the SDVOSBC; and the 
        SDV must hold the highest officer position in the 
        SDVOSBC
          (6) Veteran-owned business.--The term ``veteran-owned 
        business'' means a business that can verify through 
        evidence documentation that 51 percent or more is 
        veteran-owned, managed, and controlled. The business 
        must be open for at least 6 months. The business owner 
        must be a United States citizen or legal resident alien 
        and honorably or service-connected disability 
        discharged from service.
                              ----------                              


 10. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  At the end of title II, add the following:

                  Subtitle E--Miscellaneous Provisions

SEC. 25001. CERTAIN REVENUES GENERATED BY THIS ACT TO BE MADE AVAILABLE 
                    TO THE COMMODITY FUTURES TRADING COMMISSION TO 
                    LIMIT EXCESSIVE SPECULATION IN ENERGY MARKETS.

  The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
redesignating section 44 as section 45, and by inserting after 
section 43 the following:

``SEC. 44. REVENUES TO BE MADE AVAILABLE TO THE COMMODITY FUTURES 
                    TRADING COMMISSION.

  ``(a) Establishment of Treasury Account.--The Secretary of 
the Treasury (in this section referred to as the `Secretary') 
shall establish an account in the Treasury of the United 
States.
  ``(b) Deposit Into Account of Certain Revenues Generated by 
This Act.--The Secretary shall deposit into the account 
established under subsection (a) the first $10,000,000 of the 
total of the amounts received by the United States under leases 
issued under this Act or any plan, strategy, or program under 
this Act.
  ``(c) Availability and Use of Funds.--
          ``(1) In general.--Subject to paragraph (2), the 
        amounts in the account established under subsection (a) 
        shall be made available to the Commodity Futures 
        Trading Commission to use its existing authorities to 
        limit excessive speculation in energy markets.
          ``(2) Subject to appropriations.--The authority 
        provided in paragraph (1) may be exercised only to such 
        extent, and with respect to such amounts, as are 
        provided in advance in appropriations Acts.''.

                                  
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