19–008 

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 amendVerDate Mar 15 2010 02:43 Jun 20, 2012 Jkt 019008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR540.XXX HR540

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ments 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 nongermane 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), 


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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 


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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) 


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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-theCounter (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 


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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. ll. 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. ll. 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.— 


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

The Secretary of the Interior— 


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(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. 


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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)’’; 


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(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 


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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 ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. 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: 


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TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll1. 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 ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll1. 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 ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. 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 reVerDate Mar 15 2010 01:55 Jun 20, 2012 Jkt 019008 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR540.XXX HR540

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sources 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 ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll1. 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— 


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(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 ll—ADVANCING OFFSHORE 

WIND PRODUCTION 

SEC. ll1. SHORT TITLE. 

This title may be cited at the ‘‘Advancing Offshore Wind Production Act’’. 

SEC. ll2. 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 


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(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 WEST- MORELAND OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

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


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16 

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 (ft2 ) 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: 


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(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: 


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TITLE l—MISCELLANEOUS 

PROVISIONS 

SEC. llll. 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 ll—OFFICE OF ENERGY EMPLOYMENT AND TRAINING AND OFFICE OF MINORITY AND WOMEN INCLUSION 

SEC. l01. 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: 


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(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. l02. 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 


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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; 


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(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 fulltime 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: 


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(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 Spanishspeaking 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. 

Æ 


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