I 

112TH CONGRESS 

1ST SESSION H. R. 3710 

To direct the Secretary of Interior and the Secretary of Commerce, acting 

through the National Oceanic and Atmospheric Administration, to initiate 

immediate action to create jobs in America, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2011 

Ms. JACKSON LEE of Texas introduced the following bill; which was referred 

to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Interior and the Secretary of 

Commerce, acting through the National Oceanic and Atmospheric Administration, to initiate immediate action 

to create jobs in America, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Deficit Reduction, Job Creation, and Energy Security 

6 Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. Definitions. 

TITLE I—DEFICIT REDUCTION ENERGY SECURITY 

Sec. 101. Deficit Reduction Acreage. 

Sec. 102. Deficit Reduction Energy Security Fund and Coastal and Ocean Sustainability and Health Fund. 

Sec. 103. Coastal and Ocean Disaster Grant Program. 

Sec. 104. National Grant Program for Coastal and Ocean Sustainability and 

Health. 

Sec. 105. Eligible uses of grants. 

Sec. 106. Grant application. 

TITLE II—TIMELY ISSUANCE OF OFFSHORE OIL AND GAS 

LEASES 

Sec. 201. Reinstatement of offshore oil and gas leases. 

Sec. 202. Effective and efficient environmental review. 

TITLE III—OFFICE OF ENERGY EMPLOYMENT AND TRAINING 

AND OFFICE OF MINORITY AND WOMEN INCLUSION 

Sec. 301. Establishment of Office of Energy Employment and Training. 

Sec. 302. Office of Minority and Women Inclusion. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Reporting. 

3 SEC. 2. FINDINGS. 

4 The Congress finds and declares the following: 

5 (1) The Nation is currently experiencing a na6 tional employment emergency, and urgent action is 

7 needed to put Americans back to work in well-paid, 

8 long-term jobs. 

9 (2) The Federal Government distributed over 

10 $10,000,000,000 to Federal, State, and Indian ac11 counts from energy production during fiscal year 

12 2009, primarily from oil and natural gas production. 


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1 (3) The domestic oil and natural gas industry 

2 is responsible for approximately 9.2 million jobs. 

3 (4) The approximately 43 million leased Outer 

4 Continental Shelf acres currently account for about 

5 15 percent of America’s domestic natural gas pro6 duction and about 27 percent of America’s domestic 

7 oil production. 

8 (5) The leasing of these domestic offshore areas 

9 for oil and natural gas development provides signifi10 cant economic benefits to the Federal Government, 

11 as well as to States and localities, through the cre12 ation and sustenance of jobs and domestic product. 

13 (6) The Department of the Interior’s Bureau of 

14 Ocean Energy Management currently has authorities 

15 under the Outer Continental Shelf Lands Act (43 

16 U.S.C. 1331 et seq.) and related laws that can be 

17 effectively utilized to create jobs and revitalize the 

18 Nation’s economy. 

19 (7) Effective and expedited development of Gulf 

20 of Mexico oil and natural gas resources could gen21 erate thousands of new jobs, many of which could be 

22 created almost immediately. 

23 (8) The coastal regions of the United States 

24 have high productivity and contribute approximately 


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1 50 percent of the gross domestic product of the 

2 United States. 

3 (9) The economies and social structure of many 

4 communities are dependent on resources from ocean, 

5 coastal, and Great Lakes ecosystems. 

6 (10) Supporting science, research, monitoring, 

7 modeling, forecasting, exploration, and assessment 

8 will continue to improve our understanding of the 

9 ocean, coastal, and Great Lakes ecosystems as well 

10 as their long-term economic sustainability. 

11 (11) Safeguarding these ecosystems is crucial to 

12 protecting the environment and waters of the United 

13 States. 

14 (12) The growth of our energy domestic re15 sources is vital to America’s national security. 

16 SEC. 3. PURPOSES. 

17 The purposes of this Act are the following: 

18 (1) Require the Secretary of the Interior to uti19 lize its authorities regarding the leasing and develop20 ment of offshore oil and gas resources to accelerate 

21 job creation and economic revitalization to the fullest 

22 extent practicable, taking into account the Depart23 ment of the Interior’s responsibilities regarding con24 servation, safety, and protection of the environment. 


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1 (2) Promote expansion of domestic employment 

2 opportunities. 

3 (3) Respond to the Nation’s increased need for 

4 domestic oil and natural gas resources. 

5 (4) Support the utilization of the Outer Conti6 nental Shelf for oil and gas production and trans7 mission. 

8 (5) Protect, conserve, restore, and understand 

9 the oceans, coasts, and Great Lakes of the United 

10 States, ensuring present and future generations will 

11 benefit from the full range of ecological, economic, 

12 educational, social, cultural, nutritional, and rec13 reational opportunities and services those resources 

14 are capable of providing. 

15 (6) Confirm and ensure the validity of appro16 priate oil and gas leases issued under the Final 

17 Outer Continental Shelf Oil and Gas Leasing Pro18 gram, 2007–2012. 

19 (7) Ensure the continued leasing of Outer Con20 tinental Shelf areas pursuant to the Final Outer 

21 Continental Shelf Oil and Gas Leasing Program, 

22 2007–2012. 

23 SEC. 4. DEFINITIONS. 

24 In this Act: 


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1 (1) The term ‘‘Act’’ means the Outer Conti2 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

3 (2) The term ‘‘coastal State’’ has the same 

4 meaning that the term ‘‘coastal state’’ has in the 

5 Coastal Zone Management Act of 1972 (16 U.S.C. 

6 1451 et seq.). 

7 (3) The term ‘‘DRES Fund’’ means the Deficit 

8 Reduction Energy Security Fund. 

9 (4) The term ‘‘COSH Fund’’ means the Coastal 

10 and Ocean Sustainability and Health Fund estab11 lished by section 102. 

12 (5) The term ‘‘program’’ means a Final Outer 

13 Continental Shelf Oil and Gas Leasing Program 

14 issued under section 18 of the Act (43 U.S.C. 1344). 

15 (6) The term ‘‘Secretary’’ means the Secretary 

16 of Commerce, acting through the National Oceanic 

17 and Atmospheric Administration. 

18 (7) Other terms shall have the same meaning 

19 such terms have under the Act. 

20 TITLE I—DEFICIT REDUCTION 

21 ENERGY SECURITY 

22 SEC. 101. DEFICIT REDUCTION ACREAGE. 

23 (a) IN GENERAL.—The Secretary of the Interior 

24 shall, during the period covered by the Proposed Outer 

25 Continental Shelf Oil and Gas Leasing Program for 2012– 


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1 2017 issued by the Department of the Interior, and in 

2 addition to the acreage proposed to be leased under such 

3 program, conduct oil and gas lease sales under the Outer 

4 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for 

5 additional acreage of the outer Continental Shelf (as that 

6 term is used in that Act) that total 10 percent of the acre7 age proposed to be leased under such program. The acre8 age for which lease sales are required under this section 

9 shall be known as the Deficit Reduction Acreage. 

10 (b) ANNUAL REQUIREMENT.—In each year in such 

11 period, the Secretary shall lease 20 percent of the Deficit 

12 Reduction Acreage. 

13 SEC. 102. DEFICIT REDUCTION ENERGY SECURITY FUND 

14 AND COASTAL AND OCEAN SUSTAINABILITY 

15 AND HEALTH FUND. 

16 (a) DEFICIT REDUCTION ENERGY SECURITY

17 FUND.— 

18 (1) IN GENERAL.—There is hereby established 

19 in the Treasury a separate account to be known as 

20 the Deficit Reduction Energy Security Fund, con21 sisting of such amounts as may be appropriated or 

22 credited to it. 

23 (2) DEPOSIT OF DEFICIT REDUCTION ACREAGE

24 LEASE REVENUES.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (C), all rentals, royalties, bonus 

3 bids, and other sums due and payable to the 

4 United States under Deficit Reduction Acreage 

5 lease sales during the 15-fiscal-year period be6 ginning with the first fiscal year in which such 

7 sums are received by the United States shall be 

8 deposited in the DRES fund. 

9 (B) HOLDING OF OIL AND GAS REVE10 NUES.—Any amount deposited into the DRES 

11 Fund under subparagraph (A)— 

12 (i) shall remain in DRES Fund and 

13 be invested in accordance with paragraph 

14 (2) until the end of the second full fiscal 

15 year after the amount is deposited into the 

16 DRES Fund; and 

17 (ii) upon the end of such fiscal year, 

18 shall be transferred to the general fund 

19 and applied solely to reduce the annual 

20 Federal budget deficit. 

21 (C) PAYMENTS TO STATES NOT AF22 FECTED.—This Act shall not affect any require23 ment under other law to pay to States amounts 

24 received by the United States as such royalties, 


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1 bonus bids, and other sums due and payable to 

2 the United States. 

3 (3) INVESTMENT.— 

4 (A) IN GENERAL.—Amounts in the DRES 

5 Fund shall be invested by the Secretary of the 

6 Treasury in accordance with section 9602 of 

7 the Internal Revenue Code of 1986. 

8 (B) INCLUSION OF INTEREST IN DRES

9 FUND.—All interest earned on, and the pro10 ceeds from the sale or redemption of, any obli11 gations held in the DRES Fund— 

12 (i) shall be credited to and form part 

13 of the DRES Fund; and 

14 (ii) shall remain in the DRES Fund 

15 until transferred under paragraph (5), 

16 without regard to paragraph (2)(B)(ii). 

17 (4) AVAILABILITY OF PROCEEDS OF DEPOS18 ITS.—Amounts credited to the DRES Fund under 

19 paragraph (3)(B) in excess of the amounts deposited 

20 into the DRES Fund under paragraph (2) shall— 

21 (A) be available for expenditure, without 

22 further appropriation, solely for the purpose of 

23 and activities eligible under this Act; and 

24 (B) remain available until expended, with25 out fiscal year limitation. 


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1 (5) TRANSFER OF INTEREST TO COASTAL AND

2 OCEAN SUSTAINABILITY AND HEALTH FUND.—Upon 

3 the transfer of an amount under paragraph 

4 (2)(B)(ii), the interest earned on such amount shall 

5 be transferred to the Coastal and Ocean Sustain6 ability and Health Fund established under sub7 section (b). 

8 (b) COASTAL AND OCEAN SUSTAINABILITY AND

9 HEALTH FUND.— 

10 (1) IN GENERAL.—There is hereby established 

11 in the Treasury a separate account to be known as 

12 the Coastal and Ocean Sustainability and Health 

13 Fund, consisting of such amounts of interest as are 

14 transferred to it under subsection (a)(5). 

15 (2) AVAILABILITY.—Of the amounts trans16 ferred to the COSH Fund under subsection (a)(5) 

17 each fiscal year— 

18 (A) not more than 5 percent shall be avail19 able to the Secretary of Commerce to admin20 ister this title; and 

21 (B) the remainder shall be available to the 

22 Secretary of Commerce until expended and 

23 without fiscal year limitation, for use for— 

24 (i) the Coastal and Ocean Disaster 

25 Grant Program under section 102; and 


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1 (ii) the National Grant Program 

2 under section 103. 

3 (3) ALLOCATION OF FUNDING FOR GRANT PRO4 GRAMS.—Of amounts available under paragraph 

5 (2)(B), the Secretary of Commerce shall allocate— 

6 (A) 40 percent for the Coastal and Ocean 

7 Disaster Grant Program under section 103, of 

8 which— 

9 (i) 50 percent shall be allocated equal10 ly among impacted coastal States; 

11 (ii) 20 percent shall be allocated based 

12 on intensity of impact of disasters on im13 pacted coastal States; 

14 (iii) 15 percent shall be allocated 

15 based on tidal shorelines of impacted 

16 coastal States; and 

17 (iv) 15 percent of the funds shall be 

18 allocated based on the coastal population 

19 of impacted coastal States. 

20 (B) 60 percent for the National Grant 

21 Program for Coastal and Ocean Sustainability 

22 and Health under section 104, of which— 

23 (i) 50 percent shall be allocated to 

24 coastal States; 


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1 (ii) 50 percent shall be allocated to 

2 any State, local, territory, and tribal gov3 ernments, institutions of higher learning, 

4 and non-profit and for-profit organizations 

5 that may receive and expend Federal funds 

6 as legal entities; and 

7 (iii) no more than 10 percent of the 

8 total amount of funds available shall be al9 located to a single State or entity in a fis10 cal year. 

11 (c) GENERAL ADMINISTRATIVE CHARGES PROHIB12 ITED.—Grants issued under this Act shall not be subject 

13 to a general administrative charge. 

14 (d) REDEPOSIT OF UNUSED FUNDS.—Any funds 

15 provided as a grant under this title that are not used by 

16 the grantee by the end of the fiscal year following the first 

17 fiscal year for which they were allocated shall be redepos18 ited into the COSH Fund and be reallocated in accordance 

19 with this section. 

20 SEC. 103. COASTAL AND OCEAN DISASTER GRANT PRO21 GRAM. 

22 (a) IN GENERAL.—The Secretary of Commerce shall 

23 use amounts allocated under section 102(b)(2)(B)(i) to 

24 make grants to coastal States and Indian tribes impacted 

25 by coastal or ocean disasters for the purposes of restoring, 


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1 mitigating, monitoring, or otherwise managing coastal and 

2 ocean natural resources impacted by such disasters. 

3 (b) ELIGIBILITY.— 

4 (1) FIRST 5 YEARS.—During the 5-fiscal year 

5 period beginning with the first fiscal year for which 

6 amounts are available for grants under this section, 

7 a coastal State or Indian tribe shall be eligible for 

8 a grant under this section only if— 

9 (A) it is one of the States of Texas, Lou10 isiana, Mississippi, Alabama, and Florida, or an 

11 Indian tribe in such State; or 

12 (B) it is determined by the Secretary, in 

13 that period, to be a coastal State that has been 

14 impacted by a coastal or ocean disaster. 

15 (2) AFTER FIRST 5 YEARS.—After the end of 

16 such 5-fiscal-year period, if the Secretary determines 

17 for a fiscal year that there is no coastal State that 

18 has been so impacted, the amount allocated for that 

19 fiscal year for grants under this section shall be 

20 added to the amounts allocated for that fiscal year 

21 under section 102(b)(2)(B)(ii) for the National 

22 Grant Program for Coastal and Ocean Sustainability 

23 and Health. 

24 (3) LIMITATION.—A coastal State or Indian 

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1 tion if it is receiving assistance under another Fed2 eral law for an activity described in section 105(b) 

3 conducted for a purpose referred to in subsection 

4 (a). 

5 SEC. 104. NATIONAL GRANT PROGRAM FOR COASTAL AND 

6 OCEAN SUSTAINABILITY AND HEALTH. 

7 (a) IN GENERAL.—The Secretary of Commerce shall 

8 use amounts allocated under section 102(b)(2)(B)(ii) (in9 cluding amounts added under section 103(b)(2)) to make 

10 grants to coastal States that are eligible under subsection 

11 (b). 

12 (b) ELIGIBILITY.—To be eligible for a grant under 

13 this section, a person— 

14 (1) must be— 

15 (A) a coastal State that has a management 

16 program approved by the Secretary under sec17 tion 306 of the Coastal Zone Management Act 

18 of 1972 (16 U.S.C. 1455); or 

19 (B) a State, local, territory, or tribal gov20 ernment, institution of higher learning, or non21 profit or and for-profit organization that may 

22 receive and expend Federal funds as a legal en23 tity; and 

24 (2) must submit to the Secretary a multiyear 

25 plan for use of the grant that— 


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1 (A) specifies how the grant funds will be 

2 allocated; 

3 (B) is sufficiently flexible to allow the 

4 coastal State to respond to emerging needs; and 

5 (C) is approved by the Secretary. 

6 SEC. 105. ELIGIBLE USES OF GRANTS. 

7 (a) IN GENERAL.—Amounts provided as a grant 

8 under this title shall be used for activities described in 

9 subsection (b) that are intended to restore, protect, main10 tain, manage, or understand marine resources and their 

11 habitats and resources in coastal and ocean waters, includ12 ing baseline scientific research and other activities carried 

13 out in coordination with Federal and State departments 

14 or agencies, that are consistent with Federal environ15 mental laws, and that avoid environmental degradation. 

16 (b) INCLUDED ACTIVITIES.—Activities referred to in 

17 subsection (a) include— 

18 (1) coastal management planning and imple19 mentation under the Coastal Zone Management Act 

20 of 1972; 

21 (2) coastal and estuarine land protection, in22 cluding the protection of the environmental integrity 

23 of important coastal and estuarine areas, such as 

24 wetlands and forests, that have significant conserva25 tion, recreation, ecological, historical, or aesthetic 


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1 values, or that are threatened by conversion to other 

2 uses; 

3 (3) efforts to protect and manage living marine 

4 resources, including fisheries, coral reefs, research, 

5 management, and enhancement; 

6 (4) programs, activities, and new technology de7 signed to improve or complement the management 

8 and mission of national marine sanctuaries, marine 

9 monuments, national estuarine research reserves, 

10 and marine protected areas; 

11 (5) mitigation, restoration, protection, and relo12 cation of coastal communities threatened by the im13 pacts of climate change; 

14 (6) mitigation of the effects of offshore activi15 ties, including environmental restoration; 

16 (7) efforts to acquire, protect and restore coast17 al lands and wetlands, and to restore or prevent 

18 damage to wetlands in the coastal zone, coastal estu19 aries, and lands, life, and property in the coastal 

20 zone; 

21 (8) management of non-point sources of coastal 

22 and marine pollution; 

23 (9) long-term coastal and ocean research and 

24 education, monitoring, and natural resource manage25 ment; 


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1 (10) regional multi-State management efforts 

2 designed to manage, protect, or restore the coastal 

3 zone and ocean resources; or 

4 (11) management and administration of author5 ized activities. 

6 SEC. 106. GRANT APPLICATION. 

7 A person seeking a grant under this section shall sub8 mit to the Secretary an application at such time, in such 

9 manner, and containing such information as the Secretary 

10 determines to be appropriate. 

11 TITLE II—TIMELY ISSUANCE OF 

12 OFFSHORE OIL AND GAS LEASES 

13 SEC. 201. REINSTATEMENT OF OFFSHORE OIL AND GAS 

14 LEASES. 

15 Section 18 of the Outer Continental Shelf Lands Act 

16 (43 U.S.C. 1344) is amended by adding at the end the 

17 following: 

18 ‘‘(i) The Secretary is authorized, upon petition of a 

19 prior leaseholder, to reinstate any Expired Producible 

20 Lease in the offshore Gulf or Mexico if such reinstatement 

21 furthers the purposes and objectives of this Act. The Sec22 retary shall act on such petitions as soon as possible after 

23 receipt thereof, and in any event, within 90 days of receipt 

24 of such petition or prior to the next scheduled lease sale 

25 in which such lease would be included, whichever is earlier. 


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1 Any lease application pending for more than 90 days shall 

2 be reported to Congress, the Secretary of the Interior, and 

3 the Assistant Secretary for Land Management every 15 

4 days until the application is acted upon.’’. 

5 SEC. 202. EFFECTIVE AND EFFICIENT ENVIRONMENTAL RE6 VIEW. 

7 (a) COMPLETION OF ANALYSES FOR LEASE

8 SALES.—The Secretary shall, to the maximum extent 

9 practicable, complete all analyses, processes, and proce10 dures required by section 18 of the Outer Continental 

11 Shelf Lands Act (43 U.S.C. 1344) or under the National 

12 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

13 seq.; referred to in this section as ‘‘NEPA’’), in connection 

14 with exploration and development under any lease to be 

15 offered for sale under this Act, prior to the annual lease 

16 sale in which such lease is first offered. 

17 (b) TREATMENT OF SECRETARY’S ACTIONS.—Not18 withstanding the provisions of any other law, the Sec19 retary’s actions, after any initial lease sale, in approving 

20 and enforcing safety requirements and spill prevention and 

21 response requirements in individual plans or permits shall 

22 be deemed to be actions for the purpose of conserving and 

23 protecting the environment that are not subject to NEPA 

24 review requirements. 


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1 TITLE III—OFFICE OF ENERGY 

2 EMPLOYMENT AND TRAINING 

3 AND OFFICE OF MINORITY 

4 AND WOMEN INCLUSION 

5 SEC. 301. ESTABLISHMENT OF OFFICE OF ENERGY EM6 PLOYMENT AND TRAINING. 

7 (a) ESTABLISHMENT.—The Secretary of the Interior 

8 shall establish an Office of Energy Employment and 

9 Training, which shall oversee the efforts of the Depart10 ment of the Interior’s energy planning, permitting, and 

11 regulatory activities to carry out the purposes, objectives, 

12 and requirements of this Act. 

13 (b) DIRECTOR.— 

14 (1) IN GENERAL.—The Office shall be directed 

15 by an Assistant Secretary for Energy Employment 

16 and Training, who shall report directly to the Sec17 retary and shall be fully employed to carry out the 

18 functions of the Office. 

19 (2) DUTIES.—The Assistant Secretary for En20 ergy Employment and Training shall perform the 

21 following functions: 

22 (A) Develop and implement systems to 

23 track the Department’s compliance with the 

24 purposes, objectives, and requirements of the 

25 Act. 


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1 (B) Report at least quarterly to the Sec2 retary regarding the Department’s compliance 

3 with the purposes, objectives, and requirements 

4 of this Act, including but not limited to specific 

5 data regarding the numbers and types of jobs 

6 created through the Department’s efforts and a 

7 report on all job training programs planned or 

8 in progress by the Department. 

9 (C) Design and recommend to the Sec10 retary programs and policies aimed at ensuring 

11 the Department’s compliance with the purposes, 

12 objectives, and requirements of this Act, and 

13 oversee implementation of such programs ap14 proved by the Secretary. 

15 (D) Develop procedures for enforcement of 

16 the Department’s requirements and responsibil17 ities under this Act. 

18 (E) Support the activities of the Office of 

19 Minority and Women Inclusion and any other 

20 offices or branches established by the Secretary 

21 within the Office of Energy Employment and 

22 Training. 

23 (F) Assist the Secretary in complying with 

24 the reporting requirements of title V of this 

25 Act. 


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1 SEC. 302. OFFICE OF MINORITY AND WOMEN INCLUSION. 

2 (a) OFFICE OF MINORITY AND WOMEN INCLU3 SION.— 

4 (1) ESTABLISHMENT.—The Secretary of the In5 terior shall establish an Office of Minority and 

6 Women Inclusion not later than 6 months after the 

7 effective date of this Act, that shall be responsible 

8 for all matters of the Department of the Interior re9 lating to diversity in management, employment, and 

10 business activities. 

11 (2) TRANSFER OF RESPONSIBILITIES.—The 

12 Secretary of the Interior shall ensure that the re13 sponsibilities described in paragraph (1) (or com14 parable responsibilities) that are assigned to any 

15 other office, agency, or bureau of the Department on 

16 the day before the date of enactment of this Act are 

17 transferred to the Office of Minority and Women In18 clusion. 

19 (3) DUTIES WITH RESPECT TO CIVIL RIGHTS

20 LAWS.—The responsibilities described in paragraph 

21 (1) do not include enforcement of statutes, regula22 tions, or executive orders pertaining to civil rights, 

23 except each Director shall coordinate with the Sec24 retary, or the designee of the Secretary, regarding 

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1 sulting from violations of such statutes, regulations, 

2 or executive orders. 

3 (b) DIRECTOR.— 

4 (1) IN GENERAL.—The Office shall have a Di5 rector who shall be appointed by, and shall report to, 

6 the Secretary of the Interior. The position of Direc7 tor shall be a career reserved position in the Senior 

8 Executive Service, as that position is defined in sec9 tion 3132 of title 5, United States Code, or an 

10 equivalent designation. 

11 (2) DUTIES.—The Director shall develop stand12 ards for— 

13 (A) equal employment opportunity and the 

14 racial, ethnic, and gender diversity of the work15 force and senior management of the Depart16 ment; 

17 (B) increased participation of minority18 owned and women-owned businesses in the pro19 grams and contracts of the Department, includ20 ing standards for coordinating technical assist21 ance to such businesses; and 

22 (C) assessing the diversity policies and 

23 practices of entities regulated by the Depart24 ment. 


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1 (3) OTHER DUTIES.—The Director shall advise 

2 the Secretary of the Interior on the impact of the 

3 policies and regulations of the Department on mi4 nority-owned and women-owned businesses. 

5 (4) RULE OF CONSTRUCTION.—Nothing in 

6 paragraph (2)(C) may be construed to mandate any 

7 requirement on or otherwise affect the lending poli8 cies and practices of any regulated entity, or to re9 quire any specific action based on the findings of the 

10 assessment. 

11 (c) INCLUSION IN ALL LEVELS OF BUSINESS ACTIVI12 TIES.— 

13 (1) IN GENERAL.—The Director shall develop 

14 and implement standards and procedures to ensure, 

15 to the maximum extent possible, the fair inclusion 

16 and utilization of minorities, women, and minority17 owned and women-owned businesses in all business 

18 and activities of the Department at all levels, includ19 ing in procurement, insurance, and all types of con20 tracts. 

21 (2) CONTRACTS.—The procedures established 

22 by the Department for review and evaluation of con23 tract proposals and for hiring service providers shall 

24 include, to the extent consistent with applicable law, 

25 a component that gives consideration to the diversity 


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1 of the applicant. Such procedure shall include a 

2 written statement, in a form and with such content 

3 as the Director shall prescribe, that a contractor 

4 shall ensure, to the maximum extent possible, the 

5 fair inclusion of women and minorities in the work6 force of the contractor and, as applicable, sub7 contractors. 

8 (3) TERMINATION.— 

9 (A) DETERMINATION.—The standards and 

10 procedures developed and implemented under 

11 this subsection shall include a procedure for the 

12 Director to make a determination whether a 

13 Department contractor, and, as applicable, a 

14 subcontractor has failed to make a good faith 

15 effort to include minorities and women in their 

16 workforce. 

17 (B) EFFECT OF DETERMINATION.— 

18 (i) RECOMMENDATION TO SEC19 RETARY.—Upon a determination described 

20 in subparagraph (A), the Director shall 

21 make a recommendation to the Secretary 

22 that the contract be terminated. 

23 (ii) ACTION BY SECRETARY.—Upon 

24 receipt of a recommendation under clause 

25 (i), the Secretary may— 


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1 (I) terminate the contract; 

2 (II) make a referral to the Office 

3 of Federal Contract Compliance Pro4 grams of the Department of Labor; or 

5 (III) take other appropriate ac6 tion. 

7 (d) REPORTS.—The Secretary shall submit to Con8 gress an annual report regarding the actions taken by the 

9 Department of the Interior agency and the Office pursu10 ant to this section, which shall include— 

11 (1) a statement of the total amounts paid by 

12 the Department to contractors since the previous re13 port; 

14 (2) the percentage of the amounts described in 

15 paragraph (1) that were paid to contractors de16 scribed in subsection (c)(1); 

17 (3) the successes achieved and challenges faced 

18 by the Department in operating minority and women 

19 outreach programs; 

20 (4) the challenges the Department may face in 

21 hiring minority and women employees and con22 tracting with minority-owned and women-owned 

23 businesses; and 


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1 (5) any other information, findings, conclusions, 

2 and recommendations for legislative or Department 

3 action, as the Director determines appropriate. 

4 (e) DIVERSITY IN DEPARTMENT WORKFORCE.—The 

5 Secretary shall take affirmative steps to seek diversity in 

6 the workforce of the Department at all levels of the De7 partment in a manner consistent with applicable law. Such 

8 steps shall include— 

9 (1) recruiting at historically black colleges and 

10 universities, Hispanic-serving institutions, women’s 

11 colleges, and colleges that typically serve majority 

12 minority populations; 

13 (2) sponsoring and recruiting at job fairs in 

14 urban communities; 

15 (3) placing employment advertisements in news16 papers and magazines oriented toward minorities 

17 and women; 

18 (4) partnering with organizations that are fo19 cused on developing opportunities for minorities and 

20 women to be placed in energy industry internships, 

21 summer employment, and full-time positions; 

22 (5) where feasible, partnering with inner-city 

23 high schools, girls’ high schools, and high schools 

24 with majority minority populations to establish or 


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1 enhance financial literacy programs and provide 

2 mentoring; and 

3 (6) any other mass media communications that 

4 the Office determines necessary. 

5 (f) DEFINITIONS.—For purposes of this section, the 

6 following definitions shall apply: 

7 (1) MINORITY.—The term ‘‘minority’’ means 

8 United States citizens who are Asian Indian Amer9 ican, Asian Pacific American, Black American, His10 panic American, or Native American. 

11 (2) MINORITY-OWNED BUSINESS.—The term 

12 ‘‘minority-owned business’’ means a for-profit enter13 prise, regardless of size, physically located in the 

14 United States or its trust territories, which is 

15 owned, operated, and controlled by minority group 

16 members. ‘‘Minority group members’’ are United 

17 States citizens who are Asian Indian American, 

18 Asian Pacific American, Black American, Hispanic 

19 American, or Native American (terminology in 

20 NMSDC categories). Ownership by minority individ21 uals means the business is at least 51 percent owned 

22 by such individuals or, in the case of a publicly 

23 owned business, at least 51 percent of the stock is 

24 owned by one or more such individuals. Further, the 

25 management and daily operations are controlled by 


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1 those minority group members. For purposes of 

2 NMSDC’s program, a minority group member is an 

3 individual who is a United States citizen with at 

least 1 4 ⁄4 or 25 percent minimum (documentation to 

5 support claim of 25 percent required from applicant) 

6 of one or more of the following: 

7 (A) Asian Indian American, which is a 

8 United States citizen whose origins are from 

9 India, Pakistan, or Bangladesh. 

10 (B) Asian Pacific American, which is a 

11 United States citizen whose origins are from 

12 Japan, China, Indonesia, Malaysia, Taiwan, 

13 Korea, Vietnam, Laos, Cambodia, the Phil14 ippines, Thailand, Samoa, Guam, the United 

15 States Trust Territories of the Pacific, or the 

16 Northern Marianas. 

17 (C) Black American, which is a United 

18 States citizen having origins in any of the Black 

19 racial groups of Africa. 

20 (D) Hispanic American, which is a United 

21 States citizen of true-born Hispanic heritage, 

22 from any of the Spanish-speaking areas of the 

23 following regions: Mexico, Central America, 

24 South America, and the Caribbean Basin only. 


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1 (E) Native American, which is a person 

2 who is an American Indian, Eskimo, Aleut or 

3 Native Hawaiian, and regarded as such by the 

4 community of which the person claims to be a 

5 part. Native Americans must be documented 

6 members of a North American tribe, band, or 

7 otherwise organized group of native people who 

8 are indigenous to the continental United States 

9 and proof can be provided through a Native. 

10 (3) NMSDC.—The term ‘‘NMSDC’’ means the 

11 National Minority Supplier Development Council. 

12 (4) OFFICE.—The term ‘‘Office’’ means the Of13 fice of Minority and Women Inclusion established 

14 under subsection (a). 

15 (5) WOMEN-OWNED BUSINESS.—The term 

16 ‘‘women-owned business’’ means a business that can 

17 verify through evidence documentation that 51 per18 cent or more is women-owned, managed, and con19 trolled. The business must be open for at least 6 

20 months. The business owner must be a United 

21 States citizen or legal resident alien. Evidence must 

22 indicate that— 

23 (A) the contribution of capital or expertise 

24 by the woman business owner is real and sub25 stantial and in proportion to the interest owned; 


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1 (B) the woman business owner directs or 

2 causes the direction of management, policy, fis3 cal, and operational matters; and 

4 (C) the woman business owner has the 

5 ability to perform in the area of specialty or ex6 pertise without reliance on either the finances 

7 or resources of a firm that is not owned by a 

8 woman. 

9 TITLE IV—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 401. REPORTING. 

12 Within 12 months of the effective date of this Act 

13 and annually thereafter, the Secretary of the Interior, in 

14 consultation with the Assistant Secretary for Energy Em15 ployment and Training, shall submit a report to Congress 

16 on the Department’s compliance with the requirements of 

17 titles III and IV, including but not limited to specific in18 formation regarding the numbers and types of jobs created 

19 through the Department of the Interior’s efforts, the re20 sults of the Department’s efforts to enhance the quality 

21 and efficiency of planning and permitting processes, and 

22 of any actions taken to increase total production and to 

23 encourage production early in lease terms. 

Æ 


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