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[House Report 112-540]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-540

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4480) TO PROVIDE FOR THE 
DEVELOPMENT OF A PLAN TO INCREASE OIL AND GAS EXPLORATION, DEVELOPMENT, 
  AND PRODUCTION UNDER OIL AND GAS LEASES OF FEDERAL LANDS UNDER THE 
JURISDICTION OF THE SECRETARY OF AGRICULTURE, THE SECRETARY OF ENERGY, 
THE SECRETARY OF THE INTERIOR, AND THE SECRETARY OF DEFENSE IN RESPONSE 
   TO A DRAWDOWN OF PETROLEUM RESERVES FROM THE STRATEGIC PETROLEUM 
                                RESERVE

                                _______
                                

   June 19, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 691]

    The Committee on Rules, having had under consideration 
House Resolution 691, by a record vote of 7 to 4, 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. 4480, the 
Strategic Energy Production Act of 2012, under a structured 
rule. The resolution provides two hours of general debate 
equally divided among and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce and 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 purpose of amendment the amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 112-24 and provides that it shall be considered 
as read. The resolution waives all points of order against the 
amendment in the nature of a substitute made in order as 
original text. The resolution makes in order only those 
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. Finally, the resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 7 of rule XVI, prohibiting the 
consideration of non-germane amendments, because the amendment 
in the nature of a substitute contains provisions not germane 
to the bill.
    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.

                            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. 320

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #4, offered by Rep. McGovern 
(MA), which would reduce the federal deficit by $40 billion by 
eliminating subsidies to oil companies. Defeated: 4-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 321

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #27, offered by 
Rep. Hastings (FL), which would require each drilling permit 
application to include an estimate of how much the price of 
gasoline will decrease as a result of any oil or gas found 
under the permit. Defeated: 4-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 322

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #25, offered by Rep. Polis 
(CO), which would direct the United States Geological Survey to 
conduct a study and prepare a report documenting potential 
impacts to the quantity and quality of water available for 
agricultural and municipal purposes caused by proposed oil 
shale leasing in Colorado, Utah, and Wyoming. Defeated: 4-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 323

    Motion by Mr. Polis to report an open rule. Defeated: 4-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 324

    Motion by Ms. Foxx to report the rule. Adopted: 7-4.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Nugent......................................          Yea   Mr. Polis.........................          Nay
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Hastings, Doc (WA): Manager's Amendment. Would make 
technical corrections, eliminate the designation of the 
Colville River as an Aquatic Resource of National Importance 
and require additional right of ways planned into and out of 
the National Petroleum Reserve Alaska. (10 minutes)
    2. Polis (CO): Would exclude hydraulic fracturing 
activities within 1,000 feet of a primary or secondary school. 
(10 minutes)
    3. Terry (NE), Mack (FL): Would require the Federal Energy 
Regulatory Commission (FERC) to issue a permit for the 
construction of the Keystone XL Pipeline within 30 days from 
the day an application is submitted to the FERC. The proposed 
pipeline is from the Canadian border to the South Dakota/
Nebraska border (10 minutes)
    4. Quigley (IL): Would seek to ensure that protection of 
the marine and coastal environment is of primary importance in 
making areas of the outer Continental Shelf available for 
leasing, exploration, and development rather than expeditious 
development of oil and gas resources, to prohibit oil and gas 
leasing, exploration, and development in important ecological 
areas of the outer Continental Shelf, and for other purposes. 
(10 minutes)
    5. McKinley (WV): Would require the consultation and input 
of the National Energy Technology Laboratory (NETL) under the 
Transportation Fuels Regulatory Committee within Title II of 
the legislation. NETL will work with the Committee to analyze 
and report on the impacts of the rules and actions of the EPA 
on our nation's gasoline, diesel fuel, and natural gas prices. 
(10 minutes)
    6. McKinley (WV): Would require under section 203 of the 
bill to conduct an analysis relating to any other matters that 
affect the growth, stability, and sustainability of the 
nation's oil and gas industries, particularly relating to that 
of other nations. Would require the Committee to look at the 
actions, or inactions, of other nation's regulations, 
enforcements, and matters relating to the oil and gas industry, 
and how they have either helped positively or negatively 
towards the oil and gas industries in those other nations. (10 
minutes)
    7. Waxman (CA): Would provide that the rules described in 
section 205(a) shall not be delayed if the pollution that would 
be controlled by the rules contributes to asthma attacks, acute 
and chronic bronchitis, heart attacks, cancer, birth defects, 
neurological damage, premature death, or other serious harms to 
human health. (10 minutes)
    8. Connolly (VA): Would define the term ``public health'' 
in the Clean Air Act. (10 minutes)
    9. Green, Gene (TX): Would strike section 206 of the bill, 
which would require the consideration of feasibility and costs 
in revising or supplementing national ambient air quality 
standards for ozone. (10 minutes)
    10. Terry (NE): Would give the EPA the ability to waive 
certain fuel requirements in a geographic area, when there is a 
problem with distribution or delivery of fuel or fuel 
additives, for a period of 20 days, which could also be 
extended for another 20 days if the conditions exist. Would 
direct the EPA and Department of Energy to conduct the Fuel 
Harmonization Study required by the Energy Policy Act of 2005 
by June 2014. (10 minutes)
    11. Rush (IL): Would provide that Sections 205 and 206 
shall cease to be effective if the Administrator of the Energy 
Information Administration determines that implementation of 
this title is not projected to lower gasoline prices and create 
jobs in the United States within 10 years. (10 minutes)
    12. Holt (NJ): Would seek to reduce the number of onshore 
leases on which oil and gas production is not occurring as an 
incentive for oil and gas companies to begin producing on the 
leases that they already hold. (10 minutes)
    13. Lewis, John (GA): Would clarify that the section 
requiring a $5,000 protest fee shall not infringe upon the 
protections afforded by the First Amendment to the Constitution 
to petition for the redress of grievances. (10 minutes)
    14. Amodei (NV): Would prohibit the Secretary of the 
Interior from moving any aspect of the Solid Minerals program 
administered by the Bureau of Land Management (BLM) to the 
Office of Surface Mining, Reclamation and Enforcement (OSM). 
(10 minutes)
    15. Markey, Edward (MA): Would prohibit oil and gas 
produced under new leases authorized by this legislation from 
being exported to foreign countries. (10 minutes)
    16. Landry (LA): Would raise the cap of revenue shared 
among the Gulf States who produce energy on the Outer 
Continental Shelf starting in FY2023 from $500 million to $750 
million. (10 minutes)
    17. Rigell (VA): Would require the Secretary of The 
Interior to include Outer Continental Shelf (OCS) Lease Sale 
220 off the coast of Virginia in the 5 Year Plan for OCS oil 
and gas drilling and to conduct Lease Sale 220 within one year 
of enactment. In addition, the amendment would also ensure that 
no oil and gas drilling may be conducted off the coast of 
Virginia which would conflict with military operations. (10 
minutes)
    18. Holt (NJ): Would end free drilling in the Gulf of 
Mexico by requiring oil companies to pay in order to receive 
new leases on public lands. (10 minutes)
    19. Wittman (VA), Rigell (VA): Would streamline the process 
for the Bureau of Ocean Energy Management (BOEM) to approve 
temporary infrastructure, such as towers or buoys, to test and 
develop offshore wind power in the Outer Continental Shelf. (10 
minutes)
    20. Westmoreland (GA), Braley (IA): Would lessen the 
regulatory burden on deli-style display cases by making 
Service-Over-the-Counter (SOTC) refrigerator units into a 
separate product classification. (10 minutes)
    21. Bass (CA): Would require the Transportation Fuels 
Regulatory Committee to conduct an analysis of how to shield 
American consumers and the United States economy from gasoline 
price fluctuations and supply disruptions in the oil market by 
reducing the dependence of the United States on oil. (10 
minutes)
    22. Bass (CA): Would require the Transportation Fuels 
Regulatory Committee to assess the impact of human exposure to 
pollutants in the air, water, and land. (10 minutes)
    23. Capps (CA): Would remove the requirements in Title II 
of the bill to conduct an analysis, issue a report, and delay 
rules if the Secretary of Energy determines that the analyses 
are ``infeasible to conduct, require data that does not exist, 
or would generate results subject to such large estimates of 
uncertainty that the results would be neither reliable nor 
useful.'' (10 minutes)
    24. Hanabusa (HI): Would require the Secretary of Interior 
in consultation with the Secretary of Agriculture to include in 
their Quadrennial Federal Onshore Energy Production Strategy, 
the best estimate, based upon commercial and scientific data, 
of the expected increase in domestic production of geothermal, 
solar, wind, or other renewable energy sources on lands 
designated as Hawaiian Home Lands. (10 minutes)
    25. Speier (CA): Would strike language in the underlying 
legislation that would require drilling permits to be deemed 
approved a 60 day deadline, which could expose public lands to 
undue risk. (10 minutes)
    26. DeLauro (CT), Markey, Edward (MA), Frank (MA): Would 
require $128 million received from the sale of new leases to be 
made available to fully fund the Commodity Futures Trading 
Commission to limit speculation in energy markets. (10 minutes)
    27. Jackson Lee (TX): Would establish an Office of Energy 
Employment and Training, as well as, an Office of Minority and 
Women Inclusion that would be responsible for all matters 
relating to diversity in management, employment, and business 
activities. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 3, line 1, insert ``OIL AND GAS EXPLORATION, 
DEVELOPMENT, AND PRODUCTION'' after ``DOMESTIC''.
  Page 5, after line 19, insert the following (and redesignate 
the subsequent quoted paragraphs accordingly):
          ``(4) Concurrence.--The plan required by paragraph 
        (1) shall not take effect without the concurrence of 
        each of the Secretary of Agriculture, the Secretary of 
        the Interior, and the Secretary of Defense with respect 
        to elements of the plan within the jurisdiction, 
        respectively, of the Department of Agriculture, the 
        Department of the Interior, and the Department of 
        Defense.
  Page 31, strike lines 1 through 3 and insert the following:
  (g) Definition.--For purposes of this section the term 
``energy projects'' means oil, natural gas and renewable energy 
projects.
  At the end of section 605 (page 39, after line 4) add the 
following:
  (d) Additional Infrastructure.--Within 180 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall approve, after consultation with the State of Alaska and 
public comment, right-of-way corridors for the construction of 
2 separate additional bridges and pipeline rights-of-way to 
help facilitate timely oil and gas development of the Reserve.
  At the end of title VI (page 39, after line 22), insert the 
following:

SEC. __. COLVILLE RIVER DESIGNATION.

  The designation by the Environmental Protection Agency of the 
Colville River Delta as an Aquatic Resource of National 
Importance shall have no force or effect.
                              ----------                              

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

  At the end of title I (page 6, after line 6) insert the 
following:

SEC. __. LIMITATION ON HYDRAULIC FRACTURING.

  No lease or other authorization may be issued under a plan 
required by subsection (k) of section 161 of the Energy Policy 
and Conservation Act, as amended by section 102 of this Act, 
for the conduct of any activity related to hydraulic fracturing 
within 1,000 feet of a primary or secondary school.
                              ----------                              

 3. An Amendment To Be Offered by Representative Terry of Nebraska or 
                 His Designee, Debatable for 10 Minutes

  Page 6, after line 11, insert the following new section:

SEC. 103. KEYSTONE XL PIPELINE PERMIT.

  (a) Restriction.--
          (1) In general.--No person may construct, operate, or 
        maintain the oil pipeline and related facilities 
        described in paragraph (2) except in accordance with a 
        permit issued under this section.
          (2) Pipeline.--The pipeline and related facilities 
        referred to in paragraph (1) are those described in the 
        application filed on May 4, 2012, by TransCanada 
        Corporation to the Department of State for the northern 
        portion of the Keystone XL pipeline from the Canadian 
        border to the South Dakota/Nebraska border, including 
        any modified version of that pipeline and related 
        facilities.
  (b) Issuance.--
          (1) By ferc.--The Federal Energy Regulatory 
        Commission shall, not later than 30 days after receipt 
        of an application therefor, issue a permit without 
        additional conditions for the construction, operation, 
        and maintenance of the oil pipeline and related 
        facilities described in subsection (a)(2), to be 
        implemented in accordance with the terms of the Final 
        Environmental Impact Statement for the Keystone XL 
        Pipeline Project issued by the Department of State on 
        August 26, 2011. The Commission shall not be required 
        to prepare a Record of Decision under section 1505.2 of 
        title 40 of the Code of Federal Regulations with 
        respect to issuance of the permit provided for in this 
        section.
          (2) Issuance in absence of ferc action.--If the 
        Federal Energy Regulatory Commission has not acted on 
        an application for a permit described in paragraph (1) 
        within 30 days after receiving such application, the 
        permit shall be deemed to have been issued under this 
        section upon the expiration of such 30-day period.
  (c) Modification.--
          (1) In general.--The applicant for or holder of a 
        permit described in subsection (a) may make a 
        substantial modification to the pipeline route or any 
        other term of the Final Environmental Impact Statement 
        described in subsection (b)(1) only with the approval 
        of the Federal Energy Regulatory Commission. The 
        Commission shall expedite consideration of any such 
        modification proposal.
          (2) Nebraska.--Nothing in this section shall affect 
        the ongoing work of the State of Nebraska with regard 
        to the fully intrastate portion of the Keystone XL 
        pipeline.
  (d) National Environmental Policy Act of 1969.--Except for 
actions taken under subsection (c)(1), the actions taken 
pursuant to this section shall be taken without further action 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
                              ----------                              

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

  At the end of title I (page 6, after line 11) add the 
following:

SEC. __. PROTECTIVE APPROACH TO OIL AND GAS LEASING, EXPLORATION, AND 
                    DEVELOPMENT ON THE OUTER CONTINENTAL SHELF.

  The Secretary of the Interior--
          (1) shall not conduct or authorize any leasing, 
        exploration, or development of oil and gas resources of 
        the Outer Continental Shelf under a plan required by 
        subsection (k) of section 161 of the Energy Policy and 
        Conservation Act, as amended by section 102 of this 
        Act, unless--
                  (A) sound science shows that such activities 
                can proceed with minimal risk to the health of 
                the marine environment and coastal environment.
                  (B) the Secretary has a thorough 
                understanding of the marine environment and 
                coastal environment impacted by the activity 
                and an environmental baseline, the risks of 
                exploration or development, and the potential 
                consequences of accidents and other 
                emergencies; and
                  (C) the Secretary determines, on the basis of 
                sound science, that risks are minimal, rigorous 
                safety measures are in place and will be 
                enforced, and there is a demonstrated ability 
                to mount an effective response to accidents in 
                real-world conditions;
          (2) shall not make available for oil and gas leasing 
        under such a plan any area of the outer Continental 
        Shelf that, by itself or in a network, has 
        distinguishing ecological characteristics, is important 
        for maintaining habitat heterogeneity or the viability 
        of a species, or contributes disproportionately to the 
        health of an ecosystem, including its biodiversity, 
        function, structure, or resilience; and
          (3) in determining whether an area is described in 
        paragraph (2), should give particular consideration 
        to--
                  (A) areas of high productivity or diversity;
                  (B) areas that are important for feeding, 
                migration, or the lifecycle of species; and
                  (C) areas of biogenic habitat, structure 
                forming habitat, or habitat for endangered or 
                threatened species.
                              ----------                              

   5. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 8, line 6, redesignate subsection (d) as subsection (e).
  Page 8, after line 5, insert the following:
  (d) Consultation by Committee.--In carrying out this title, 
the Committee shall consult with the National Energy Technology 
Laboratory.
                              ----------                              

   6. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 9, line 6, strike ``and''.
  Page 9, line 10, strike the period and insert ``; and''.
  Page 9, after line 10, insert the following:
                  (F) any other matters affecting the growth, 
                stability, and sustainability of the Nation's 
                oil and gas industries, particularly relative 
                to that of other nations.
                              ----------                              

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

  Page 14, after line 9, at the end of title II, add the 
following new section:

SEC. 207. PROTECTION AGAINST ASTHMA AND OTHER HEALTH EFFECTS OF AIR 
                    POLLUTION.

  Notwithstanding any other provision of this title, the 
Administrator of the Environmental Protection Agency shall not 
delay finalization of any of the rules described in section 
205(a) to establish standards for clean air and to reduce air 
pollution, if the pollution that would be controlled by the 
finalized rule is contributing to asthma attacks, acute and 
chronic bronchitis, heart attacks, cancer, birth defects, 
neurological damage, premature death, or other serious harms to 
human health.
                              ----------                              

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

  On page 14, after line 9, insert the following:

SEC. 207. CORPORATIONS ARE NOT PEOPLE.

  Section 302 of the Clean Air Act (42 U.S.C. 7602) is amended 
by adding at the end the following:
          ``(aa) Public health.--The term `public health'--
                  ``(A) refers to the health of members of the 
                species homo sapiens; and
                  ``(B) does not refer to the health of 
                corporations or any other non-living 
                entities.''.
                              ----------                              

9. An Amendment To Be Offered by Representative Gene Green of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 14, lines 1 through 9, strike section 206 (relating to 
consideration of feasibility and cost in revising or 
supplementing national ambient air quality standards for 
ozone).
                              ----------                              

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

  On page 14, after line 9, insert the following new section:

SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY.

  (a) Waiver of Fuel Requirements.--Section 211(c)(4)(C) of the 
Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
          (1) in clause (ii)(II), by inserting ``a problem with 
        distribution or delivery equipment necessary for the 
        transportation or delivery of fuel or fuel additives,'' 
        after ``equipment failure,'';
          (2) in clause (iii)(II), by inserting before the 
        semicolon at the end the following: ``(except that the 
        Administrator may extend the effectiveness of a waiver 
        for more than 20 days if the Administrator determines 
        that the conditions under clause (ii) supporting a 
        waiver determination will exist for more than 20 
        days)'';
          (3) by redesignating the second clause (v) (relating 
        to the authority of the Administrator to approve 
        certain State implementation plans) as clause (vi); and
          (4) by adding at the end the following:
  ``(vii) Presumptive Approval.--Notwithstanding any other 
provision of this subparagraph, if the Administrator does not 
approve or deny a request for a waiver under this subparagraph 
within 3 days after receipt of the request, the request shall 
be deemed to be approved as received by the Administrator and 
the applicable fuel standards shall be deemed to be waived for 
the period of time requested.''.
  (b) Fuel System Requirements Harmonization Study.--Section 
1509 of the Energy Policy Act of 2005 (Public Law 109-58; 119 
Stat. 1083) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)(A), by inserting 
                ``biofuels,'' after ``oxygenated fuel,'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (B)--
                                  (I) by redesignating clause 
                                (ii) as clause (iii);
                                  (II) in clause (i), by 
                                striking ``and'' after the 
                                semicolon; and
                                  (III) by inserting after 
                                clause (i) the following:
                          ``(i) the renewable fuel standard; 
                        and''; and
                                  (IV) in subparagraph (G), by 
                                inserting ``or Tier III'' after 
                                ``Tier II''; and
          (2) in subsection (b)(1), by striking ``2008'' and 
        inserting ``2014''.
                              ----------                              

 11. An Amendment To Be Offered by Representative Rush of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Page 14, after line 9, at the end of title II, add the 
following new section:

SEC. 207. IMPACT ON GASOLINE PRICES AND JOBS IN THE UNITED STATES.

  (a) Determination of Impact.--Not later than 90 days after 
the date of enactment of this Act, the Administrator of the 
Energy Information Administration shall make a determination as 
to whether implementation of this title is projected to lower 
gasoline prices or create jobs in the United States within 10 
years.
  (b) Sunset if Implementation Not Projected to Lower Gasoline 
Prices or Create Jobs.--Sections 205 and 206 shall cease to be 
effective if the Administrator of the Energy Information 
Administration, pursuant to subsection (a), determines that 
implementation of this title is not projected to lower gasoline 
prices and create jobs in the United States within 10 years.
                              ----------                              

12. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 17, after line 17, insert the following:
          ``(6) The Strategy under this subsection should seek 
        to ensure that that the percentage of onshore Federal 
        oil and gas leases under which production is not 
        occurring is reduced during the next 4-year period.
                              ----------                              

 13. An Amendment To Be Offered by Representative Lewis of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 27, line 17, strike the closing quotation marks and the 
following period, and after line 17 insert the following:
                  ``(C) Right to petition preserved.--This 
                paragraph shall not be construed to abridge the 
                right of the people to petition for the redress 
                of grievances, in violation of the first 
                article of amendment to the Constitution of the 
                United States.''.
                              ----------                              

 14. An Amendment To Be Offered by Representative Amodei of Nevada or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE MINING LAW 
                    PROGRAM OR THE SOLID MINERALS LEASING PROGRAM.

  The Secretary of the Interior may not transfer to the Office 
of Surface Mining Reclamation and Enforcement any 
responsibility or authority to perform any function performed 
immediately before the enactment of this Act under the Solid 
Minerals Program of the Department of the Interior, including--
          (1) any such function under--
                  (A) the laws popularly known as the Mining 
                Law of 1872 (30 U.S.C. 22 note);
                  (B) the Act of July 31, 1947 (chapter 406; 30 
                U.S.C. 601 et seq.), popularly known as the 
                Materials Act of 1947;
                  (C) the Minerals Leasing Act (30 U.S.C. 181 
                et seq.); or
                  (D) the Mineral Leasing Act for Acquired 
                Lands (30 U.S.C. 351 et seq.); and
          (2) any such function relating to management of 
        mineral development on Federal lands and acquired lands 
        under section 302 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1732); and
          (3) any function performed under the Mining Law 
        Program.
                              ----------                              

      15. An Amendment To Be Offered by Representative Markey of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __1. REQUIREMENT TO OFFER FOR SALE ONLY IN THE UNITED STATES.

  The Secretary of the Interior shall require that all oil and 
gas produced under a lease issued under this Act, the 
amendments made by this Act, or any plan, strategy, or program 
under this Act shall be offered for sale only in the United 
States.
                              ----------                              

16. An Amendment To Be Offered by Representative Landry of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __1. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF 
                    REVENUES.

  Section 105(f)(1) of the Gulf of Mexico Energy Security Act 
of 2006 (title I of division C of Public Law 109-432; (43 
U.S.C. 1331 note)) is amended by striking ``2055'' and 
inserting ``2022, and shall not exceed $750,000,000 for each of 
fiscal years 2023 through 2055''.
                              ----------                              

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

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. _01. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST OF 
                    VIRGINIA.

  (a) Inclusion in Leasing Programs.--The Secretary of the 
Interior shall--
          (1) upon enactment of this Act, revise the proposed 
        Outer Continental Shelf oil and gas leasing program for 
        the 2012-2017 period to include in such program Lease 
        Sale 220 off the coast of Virginia; and
          (2) include the Outer Continental Shelf off the coast 
        of Virginia in the leasing program for each 5-year 
        period after the 2012-2017 period.
  (b) Conduct of Lease Sale.--As soon as practicable, but not 
later than 1 year after the date of enactment of this Act, the 
Secretary of the Interior shall carry out under section 8 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1337) Lease 
Sale 220.
  (c) Balancing Military and Energy Production Goals.--
          (1) Joint goals.--In recognition that the Outer 
        Continental Shelf oil and gas leasing program and the 
        domestic energy resources produced therefrom are 
        integral to national security, the Secretary of the 
        Interior and the Secretary of Defense shall work 
        jointly in implementing this section in order to ensure 
        achievement of the following common goals:
                  (A) Preserving the ability of the Armed 
                Forces of the United States to maintain an 
                optimum state of readiness through their 
                continued use of the Outer Continental Shelf.
                  (B) Allowing effective exploration, 
                development, and production of our Nation's 
                oil, gas, and renewable energy resources.
          (2) Prohibition on conflicts with military 
        operations.--No person may engage in any exploration, 
        development, or production of oil or natural gas off 
        the coast of Virginia that would conflict with any 
        military operation, as determined in accordance with 
        the Memorandum of Agreement between the Department of 
        Defense and the Department of the Interior on Mutual 
        Concerns on the Outer Continental Shelf signed July 20, 
        1983, and any revision or replacement for that 
        agreement that is agreed to by the Secretary of Defense 
        and the Secretary of the Interior after that date but 
        before the date of issuance of the lease under which 
        such exploration, development, or production is 
        conducted.
          (3) National defense areas.--The United States 
        reserves the right to designate by and through the 
        Secretary of Defense, with the approval of the 
        President, national defense areas on the Outer 
        Continental Shelf pursuant to section 12(d) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
                              ----------                              

18. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __1. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

  (a) Issuance of New Leases.--
          (1) In general.--The Secretary of the Interior shall 
        not offer new leases under a plan required by 
        subsection (k) of section 161 of the Energy Policy and 
        Conservation Act, as amended by section 102 of this 
        Act, to 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 person that--
                  (A) 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.
  (b) 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 Act, the amendments 
        made by this Act, or any plan, strategy, or program 
        under this Act.
                              ----------                              

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

  Add at the end the following:

              TITLE __--ADVANCING OFFSHORE WIND PRODUCTION

SEC. __1. SHORT TITLE.

  This title may be cited at the ``Advancing Offshore Wind 
Production Act''.

SEC. __2. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.

  (a) Definition of an Offshore Meteorological Site Testing and 
Monitoring Project.--In this section, the term ``offshore 
meteorological site testing and monitoring project'' means a 
project carried out on or in the waters of the Outer 
Continental Shelf administered by the Department of the 
Interior to test or monitor weather (including wind, tidal, 
current, and solar energy) using towers, buoys, or other 
temporary ocean infrastructure, that--
          (1) causes--
                  (A) less than 1 acre of surface or seafloor 
                disruption at the location of each 
                meteorological tower or other device; and
                  (B) not more than 5 acres of surface or 
                seafloor disruption within the proposed area 
                affected by for the project (including hazards 
                to navigation);
          (2) is decommissioned not more than 5 years after the 
        date of commencement of the project, including--
                  (A) removal of towers, buoys, or other 
                temporary ocean infrastructure from the project 
                site; and
                  (B) restoration of the project site to 
                approximately the original condition of the 
                site; and
          (3) provides meteorological information obtained by 
        the project to the Secretary of the Interior.
  (b) Offshore Meteorological Project Permitting.--
          (1) In general.--The Secretary of the Interior shall 
        by regulation require that any applicant seeking to 
        conduct an offshore meteorological site testing and 
        monitoring project on the outer Continental Shelf (as 
        that term is defined in the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331 et seq.)) must obtain a 
        permit and right of way for the project in accordance 
        with this subsection.
          (2) Permit and right of way timeline and 
        conditions.--
                  (A) Deadline for approval.--The Secretary 
                shall decide whether to issue a permit and 
                right of way for an offshore meteorological 
                site testing and monitoring project within 30 
                days after receiving an application.
                  (B) Public comment and consultation.--During 
                the period referred to in subparagraph (A), the 
                Secretary shall--
                          (i) provide an opportunity for 
                        submission of comments by the public; 
                        and
                          (ii) consult with the Secretary of 
                        Defense, the Commandant of the Coast 
                        Guard, and the heads of other Federal, 
                        State, and local agencies that would be 
                        affected by issuance of the permit and 
                        right of way.
                  (C) Denial of permit; opportunity to remedy 
                deficiencies.--If the application is denied, 
                the Secretary shall provide the applicant--
                          (i) in writing, clear and 
                        comprehensive reasons why the 
                        application was not approved and 
                        detailed information concerning any 
                        deficiencies in the application; and
                          (ii) an opportunity to remedy such 
                        deficiencies.
  (c) Nepa Exclusion.--Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
not apply with respect to an offshore meteorological site 
testing and monitoring project.
  (d) Protection of Information.--The information provided to 
the Secretary of the Interior pursuant to subsection (a)(3) 
shall be treated by the Secretary as proprietary information 
and protected against disclosure.
                              ----------                              

   20. An Amendment To Be Offered by Representative Westmoreland of 
           Georgia or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

     TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                  TEMPERATURE COMMERCIAL REFRIGERATORS

SEC. 801. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE 
                    COMMERCIAL REFRIGERATORS.

  Section 342(c) of the Energy Policy and Conservation Act (42 
U.S.C. 6313(c)) is amended--
          (1) in paragraph (1)--
                  (A) by redesignating subparagraphs (B) and 
                (C) as subparagraphs (D) and (E), respectively; 
                and
                  (B) by inserting after subparagraph (A) the 
                following:
          ``(B) The term `(SOC-SC-M)' means a medium 
        temperature commercial refrigerator--
                  ``(i) with a self-contained condensing unit 
                and equipped with sliding or hinged doors in 
                the back intended for use by sales personnel, 
                and with glass or other transparent material in 
                the front for displaying merchandise; and
                  ``(ii) that has a height not greater than 66 
                inches and is intended to serve as a counter 
                for transactions between sales personnel and 
                customers.
          ``(C) The term `TDA' means the total display area 
        (ft\2\ ) of the refrigerated case, as defined in Air-
        Conditioning, Heating, and Refrigeration Institute 
        Standard 1200.'';
          (2) by redesignating paragraphs (4) and (5) as 
        paragraphs (5) and (6), respectively; and
          (3) by inserting after paragraph (3) the following:
  ``(4) Each SOC-SC-M manufactured on or after the date which 
is 6 months after the date of enactment of the Better Use of 
Refrigerator Regulations Act shall have a total daily energy 
consumption (in kilowatt hours per day) of not more than 0.6 
 TDA + 1.0.''.
                              ----------                              

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

  Page 8, line 10, strike ``The Committee'' and insert the 
following:
          (1) In general.--The Committee
  Page 8, after line 13, insert the following:
          (2) Additional analysis.--The Committee shall conduct 
        an analysis of how to shield American consumers and the 
        United States economy from gasoline price fluctuations 
        and supply disruptions in the oil market by reducing 
        the dependence of the United States on oil.
  Page 8, line 15, strike ``analysis conducted under this 
section'' and insert ``analysis conducted under subsection 
(a)(1)''.
                              ----------                              

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

  Page 9, line 25, strike ``and''.
  Page 10, line 2, strike the comma and insert a semicolon.
  Page 10, after line 2, insert the following:
                  (H) releases of pollutants (including toxic, 
                hazardous, and radioactive materials) into the 
                air, water, and land;
                  (I) human exposure to releases of pollutants 
                into the air, water, and land; and
                  (J) other environmental impacts of pollution,
                              ----------                              

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

  Page 14, after line 9, at the end of title II, add the 
following new section:

SEC. 207. ENSURING FEASIBLE ANALYSES.

  (a) Determination of Feasibility of Analyses.--
Notwithstanding any other provision of this title, if the 
Secretary of Energy determines that the analyses required under 
section 203 are infeasible to conduct, require data that does 
not exist, or would generate results subject to such large 
estimates of uncertainty that the results would be neither 
reliable nor useful, the requirements under section 203(a) 
shall cease to be effective.
  (b) No Report or Delay of Final Action on Certain Rules if 
Analyses Are Infeasible.--If, pursuant to subsection (a), the 
requirements under section 203(a) cease to be effective, then 
the requirements under sections 204 and 205 shall cease to be 
effective.
                              ----------                              

24. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 17, strike ``and'' after the semicolon at line 2, strike 
the period at line 9 and insert ``; and'', and after line 9 
insert the following:
                  ``(G) the best estimate, based upon 
                commercial and scientific data, of the expected 
                increase in domestic production of geothermal, 
                solar, wind, or other renewable energy sources 
                on lands defined as `available lands' by 
                section 203 of the Hawaiian Homes Commission 
                Act, 1920, and any other lands deemed by the 
                Territory or State of Hawaii, as the case may 
                be, to be included within that definition.
                              ----------                              

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

  Page 22, strike lines 3 through 5.
                              ----------                              

26. An Amendment To Be Offered by Representative DeLauro of Connecticut 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

                   TITLE _--MISCELLANEOUS PROVISIONS

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

  (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 $128,000,000 of the 
total of the amounts received by the United States under leases 
issued under this Act, the amendments made by 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.
                              ----------                              

 27. 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 __--OFFICE OF ENERGY EMPLOYMENT AND TRAINING AND OFFICE OF 
                      MINORITY AND WOMEN INCLUSION

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 efforts of the Department of the Interior's 
energy planning, permitting, and regulatory activities to carry 
out the purposes, objectives, and requirements of this Act.
  (b) Director.--
          (1) In general.--The Office shall be directed by an 
        Assistant Secretary for Energy Employment and Training, 
        who shall report directly to the Secretary and shall be 
        fully employed to carry out the functions of the 
        Office.
          (2) Duties.--The Assistant Secretary for Energy 
        Employment and Training shall perform the following 
        functions:
                  (A) Develop and implement systems to track 
                the Department's compliance with the purposes, 
                objectives, and requirements of the Act.
                  (B) Report at least quarterly to the 
                Secretary regarding the Department's compliance 
                with the purposes, objectives, and requirements 
                of this Act, including but not limited to 
                specific data regarding the numbers and types 
                of jobs created through the Department's 
                efforts and a report on all job training 
                programs planned or in progress by the 
                Department.
                  (C) Design and recommend to the Secretary 
                programs and policies aimed at ensuring the 
                Department's compliance with the purposes, 
                objectives, and requirements of this Act, and 
                oversee implementation of such programs 
                approved by the Secretary.
                  (D) Develop procedures for enforcement of the 
                Department's requirements and responsibilities 
                under this Act.
                  (E) Support the activities of the Office of 
                Minority and Women Inclusion and any other 
                offices or branches established by the 
                Secretary within the Office of Energy 
                Employment and Training.

SEC. _02. OFFICE OF MINORITY AND WOMEN INCLUSION.

  (a) Office of Minority and Women Inclusion.--
          (1) Establishment.--The Secretary of the Interior 
        shall establish an Office of Minority and Women 
        Inclusion not later than 6 months after the effective 
        date of this Act, that shall be responsible for all 
        matters of the Department of the Interior relating to 
        diversity in management, employment, and business 
        activities.
          (2) Transfer of responsibilities.--The Secretary of 
        the Interior shall ensure that the responsibilities 
        described in paragraph (1) (or comparable 
        responsibilities) that are assigned to any other 
        office, agency, or bureau of the Department on the day 
        before the date of enactment of this Act are 
        transferred to the Office of Minority and Women 
        Inclusion.
          (3) Duties with respect to civil rights laws.--The 
        responsibilities described in paragraph (1) do not 
        include enforcement of statutes, regulations, or 
        executive orders pertaining to civil rights, except 
        each Director shall coordinate with the Secretary, or 
        the designee of the Secretary, regarding the design and 
        implementation of any remedies resulting from 
        violations of such statutes, regulations, or executive 
        orders.
  (b) Director.--
          (1) In general.--The Office shall have a Director who 
        shall be appointed by, and shall report to, the 
        Secretary of the Interior. The position of Director 
        shall be a career reserved position in the Senior 
        Executive Service, as that position is defined in 
        section 3132 of title 5, United States Code, or an 
        equivalent designation.
          (2) Duties.--The Director shall develop standards 
        for--
                  (A) equal employment opportunity and the 
                racial, ethnic, and gender diversity of the 
                workforce and senior management of the 
                Department;
                  (B) increased participation of minority-owned 
                and women-owned businesses in the programs and 
                contracts of the Department, including 
                standards for coordinating technical assistance 
                to such businesses; and
                  (C) assessing the diversity policies and 
                practices of entities regulated by the 
                Department.
          (3) Other duties.--The Director shall advise the 
        Secretary of the Interior on the impact of the policies 
        and regulations of the Department on minority-owned and 
        women-owned businesses.
          (4) Rule of construction.--Nothing in paragraph 
        (2)(C) may be construed to mandate any requirement on 
        or otherwise affect the lending policies and practices 
        of any regulated entity, or to require any specific 
        action based on the findings of the assessment.
  (c) Inclusion in All Levels of Business Activities.--
          (1) In general.--The Director shall develop and 
        implement standards and procedures to ensure, to the 
        maximum extent possible, the fair inclusion and 
        utilization of minorities, women, and minority-owned 
        and women-owned businesses in all business and 
        activities of the Department at all levels, including 
        in procurement, insurance, and all types of contracts.
          (2) Contracts.--The procedures established by the 
        Department for review and evaluation of contract 
        proposals and for hiring service providers shall 
        include, to the extent consistent with applicable law, 
        a component that gives consideration to the diversity 
        of the applicant. Such procedure shall include a 
        written statement, in a form and with such content as 
        the Director shall prescribe, that a contractor shall 
        ensure, to the maximum extent possible, the fair 
        inclusion of women and minorities in the workforce of 
        the contractor and, as applicable, subcontractors.
          (3) Termination.--
                  (A) Determination.--The standards and 
                procedures developed and implemented under this 
                subsection shall include a procedure for the 
                Director to make a determination whether a 
                Department contractor, and, as applicable, a 
                subcontractor has failed to make a good faith 
                effort to include minorities and women in their 
                workforce.
                  (B) Effect of determination.--
                          (i) Recommendation to secretary.--
                        Upon a determination described in 
                        subparagraph (A), the Director shall 
                        make a recommendation to the Secretary 
                        that the contract be terminated.
                          (ii) Action by secretary.--Upon 
                        receipt of a recommendation under 
                        clause (i), the Secretary may--
                                  (I) terminate the contract;
                                  (II) make a referral to the 
                                Office of Federal Contract 
                                Compliance Programs of the 
                                Department of Labor; or
                                  (III) take other appropriate 
                                action.
  (d) 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 contractors since the previous report;
          (2) the percentage of the amounts described in 
        paragraph (1) that were paid to contractors described 
        in subsection (c)(1);
          (3) the successes achieved and challenges faced by 
        the Department in operating minority and women outreach 
        programs;
          (4) the challenges the Department may face in hiring 
        minority and women employees and contracting with 
        minority-owned and women-owned businesses; and
          (5) any other information, findings, conclusions, and 
        recommendations for legislative or Department action, 
        as the Director determines appropriate.
  (e) Diversity in Department Workforce.--The Secretary shall 
take affirmative steps to seek diversity in the workforce of 
the Department at all levels of the Department in a manner 
consistent with applicable law. Such steps shall include--
          (1) recruiting at historically black colleges and 
        universities, Hispanic-serving institutions, women's 
        colleges, and colleges that typically serve majority 
        minority populations;
          (2) sponsoring and recruiting at job fairs in urban 
        communities;
          (3) placing employment advertisements in newspapers 
        and magazines oriented toward minorities and women;
          (4) partnering with organizations that are focused on 
        developing opportunities for minorities and women to be 
        placed in energy industry internships, summer 
        employment, and full-time positions;
          (5) where feasible, partnering with inner-city high 
        schools, girls' high schools, and high schools with 
        majority minority populations to establish or enhance 
        financial literacy programs and provide mentoring; and
          (6) any other mass media communications that the 
        Office determines necessary.
  (f) 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, which 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 is a person who is 
                an American Indian, Eskimo, Aleut or Native 
                Hawaiian, and regarded as such by the community 
                of which the person claims to be a part. Native 
                Americans must be documented members of a North 
                American tribe, band, or otherwise organized 
                group of native people who are indigenous to 
                the continental United States and proof can be 
                provided through a Native.
          (3) NMSDC.--The term ``NMSDC'' means the National 
        Minority Supplier Development Council.
          (4) Office.--The term ``Office'' means the Office of 
        Minority and Women Inclusion established under 
        subsection (a).
          (5) 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.

                                  
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