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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3663 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 493
111th CONGRESS
  2d Session
                                S. 3663

 To promote clean energy jobs and oil company accountability, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2010

 Mr. Reid introduced the following bill; which was read the first time

                             July 29, 2010

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
 To promote clean energy jobs and oil company accountability, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Energy Jobs and Oil Company 
Accountability Act of 2010''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into 6 divisions as follows:
            (1) Division A-Oil Spill Response and Accountability.
            (2) Division B-Reducing Oil Consumption and Improving 
        Energy Security.
            (3) Division C-Clean Energy Jobs and Consumer Savings.
            (4) Division D-Protecting the Environment.
            (5) Division E-Fiscal Responsibility.
            (5) Division F-Miscellaneous.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
           DIVISION A--OIL SPILL RESPONSE AND ACCOUNTABILITY

    TITLE I--REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES

Sec. 101. Short title.
Sec. 102. Removal of limits on liability for offshore facilities.
Sec. 103. Claims procedure.
Sec. 104. Oil and hazardous substance response planning.
Sec. 105. Reports.
Sec. 106. Trust Fund advance authority.
 TITLE II--FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION 
                              AND RESPONSE

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Interagency Committee.
Sec. 204. Science and technology advice and guidance.
Sec. 205. Oil pollution research and development program.
               TITLE III--OUTER CONTINENTAL SHELF REFORM

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. National policy for the outer Continental Shelf.
Sec. 305. Structural reform of outer Continental Shelf program 
                            management.
Sec. 306. Safety, environmental, and financial reform of the Outer 
                            Continental Shelf Lands Act.
Sec. 307. Study on the effect of the moratoria on new deepwater 
                            drilling in the Gulf of Mexico on 
                            employment and small businesses.
Sec. 308. Reform of other law.
Sec. 309. Safer oil and gas production.
Sec. 310. National Commission on Outer Continental Shelf Oil Spill 
                            Prevention.
Sec. 311. Savings provisions.
               TITLE IV--ENVIRONMENTAL CRIMES ENFORCEMENT

Sec. 401. Short title.
Sec. 402. Environmental crimes.
            TITLE V--FAIRNESS IN ADMIRALTY AND MARITIME LAW

Sec. 501. Short title.
Sec. 502. Repeal of limitation of Shipowners' Liability Act of 1851.
Sec. 503. Assessment of punitive damages in maritime law.
Sec. 504. Amendments to the Death on the High Seas Act.
Sec. 505. Effective date.
 TITLE VI--SECURING HEALTH FOR OCEAN RESOURCES AND ENVIRONMENT (SHORE)

Sec. 601. Short title.
 Subtitle A--National Oceanic and Atmospheric Administration Oil Spill 
                 Response, Containment, and Prevention

Sec. 611. Improvements to National Oceanic and Atmospheric 
                            Administration oil spill response, 
                            containment, and prevention.
Sec. 612. Use of Oil Spill Liability Trust Fund for preparedness, 
                            response, damage assessment, and 
                            restoration.
Sec. 613. Investment of amounts in Damage Assessment and Restoration 
                            Revolving Fund in interest-bearing 
                            obligations.
Sec. 614. Strengthening coastal State oil spill planning and response.
Sec. 615. Gulf of Mexico long-term marine environmental monitoring and 
                            research program.
Sec. 616. Arctic research and action to conduct oil spill prevention.
   Subtitle B--Improving Coast Guard Response and Inspection Capacity

Sec. 621. Secretary defined.
Sec. 622. Arctic maritime readiness and oil spill prevention.
Sec. 623. Advance planning and prompt decision making in closing and 
                            reopening fishing grounds.
Sec. 624. Oil spill technology evaluation.
Sec. 625. Coast Guard inspections.
Sec. 626. Certificate of inspection requirements.
Sec. 627. Navigational measures for protection of natural resources.
Sec. 628. Notice to States of bulk oil transfers.
Sec. 629. Gulf of Mexico Regional Citizens' Advisory Council.
Sec. 630. Vessel liability.
Sec. 631. Prompt intergovernmental notice of marine casualties.
Sec. 632. Prompt publication of oil spill information.
Sec. 633. Leave retention authority.
               TITLE VII--CATASTROPHIC INCIDENT PLANNING

Sec. 701. Catastrophic incident planning.
Sec. 702. Alignment of response frameworks.
TITLE VIII--SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP DEEPWATER 
                HORIZON OIL SPILL AND OFFSHORE DRILLING

Sec. 801. Subpoena power for National Commission on the BP Deepwater 
                            Horizon Oil Spill and Offshore Drilling.
            TITLE IX--CORAL REEF CONSERVATION ACT AMENDMENTS

Sec. 901. Short title.
Sec. 902. Amendment of Coral Reef Conservation Act of 2000.
Sec. 903. Agreements; redesignations.
Sec. 904. Emergency assistance.
Sec. 905. Emergency response, stabilization, and restoration.
Sec. 906. Prohibited activities.
Sec. 907. Destruction of coral reefs.
Sec. 908. Enforcement.
Sec. 909. Regulations.
Sec. 910. Judicial review.
   DIVISION B--REDUCING OIL CONSUMPTION AND IMPROVING ENERGY SECURITY

      TITLE XX--NATURAL GAS VEHICLE AND INFRASTRUCTURE DEVELOPMENT

Sec. 2001. Definitions.
Sec. 2002. Program establishment.
Sec. 2003. Rebates.
Sec. 2004. Infrastructure and development grants.
Sec. 2005. Loan program to enhance domestic manufacturing.
                 TITLE XXI--PROMOTING ELECTRIC VEHICLES

Sec. 2101. Short title.
Sec. 2102. Definitions.
Subtitle A--National Plug-in Electric Drive Vehicle Deployment Program.

Sec. 2111. National Plug-In Electric Drive Vehicle Deployment Program.
Sec. 2112. National assessment and plan.
Sec. 2113. Technical assistance.
Sec. 2114. Workforce training.
Sec. 2115. Federal fleets.
Sec. 2116. Targeted Plug-in Electric Drive Vehicle Deployment 
                            Communities Program.
Sec. 2117. Funding.
                  Subtitle B--Research and Development

Sec. 2121. Research and development program.
Sec. 2122. Advanced batteries for tomorrow prize.
Sec. 2123. Study on the supply of raw materials.
Sec. 2124. Study on the collection and preservation of data collected 
                            from plug-in electric drive vehicles.
                       Subtitle C--Miscellaneous

Sec. 2131. Utility planning for plug-in electric drive vehicles.
Sec. 2132. Loan guarantees.
Sec. 2133. Prohibition on disposing of advanced batteries in landfills.
Sec. 2134. Plug-in Electric Drive Vehicle Technical Advisory Committee.
Sec. 2135. Plug-in Electric Drive Vehicle Interagency Task Force.
           DIVISION C--CLEAN ENERGY JOBS AND CONSUMER SAVINGS

              TITLE XXX--HOME STAR RETROFIT REBATE PROGRAM

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Home Star Retrofit Rebate Program.
Sec. 3004. Contractors.
Sec. 3005. Rebate aggregators.
Sec. 3006. Quality assurance providers.
Sec. 3007. Silver Star Home Retrofit Program.
Sec. 3008. Gold Star Home Retrofit Program.
Sec. 3009. Grants to States and Indian tribes.
Sec. 3010. Quality assurance framework.
Sec. 3011. Report.
Sec. 3012. Administration.
Sec. 3013. Treatment of rebates.
Sec. 3014. Penalties.
Sec. 3015. Home Star Efficiency Loan Program.
Sec. 3016. Funding.
                 DIVISION D--PROTECTING THE ENVIRONMENT

    TITLE XL--LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING

Sec. 4001. Short title.
Sec. 4002. Permanent authorization; full funding.
     TITLE XLI--NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE PROTECTION

Sec. 4101. Short title.
Sec. 4102. Definitions.
Sec. 4103. Liability.
Sec. 4104. Actions.
Sec. 4105. Use of recovered amounts.
Sec. 4106. Donations.
              TITLE XLII--GULF COAST ECOSYSTEM RESTORATION

Sec. 4201. Gulf Coast Ecosystem restoration.
              TITLE XLIII--HYDRAULIC FRACTURING CHEMICALS

Sec. 4301. Disclosure of hydraulic fracturing chemicals.
                   TITLE XLIV--WATERSHED RESTORATION

Sec. 4401. Watershed restoration.
                   DIVISION E--FISCAL RESPONSIBILITY

Sec. 5001. Modifications with respect to Oil Spill Liability Trust 
                            Fund.
                       DIVISION F--MISCELLANEOUS

Sec. 6001. Budgetary effects.

           DIVISION A--OIL SPILL RESPONSE AND ACCOUNTABILITY

    TITLE I--REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Big Oil Bailout Prevention 
Unlimited Liability Act of 2010''.

SEC. 102. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES.

    (a) In General.--Section 1004(a)(3) of the Oil Pollution Act of 
1990 (33 U.S.C. 2704(a)(3)) is amended by striking ``plus $75,000,000'' 
and inserting ``and the liability of the responsible party under 
section 1002''.
    (b) Effective Date.--The amendment made by this section shall apply 
to all claims or actions brought within the limitations period 
applicable to the claims or action, including any claims or actions 
pending on the date of enactment of this Act and any claims arising 
from events occurring prior to the date of enactment of this Act.

SEC. 103. CLAIMS PROCEDURE.

    (a) Waiting Period.--Section 1013(c)(2) of the Oil Pollution Act of 
1990 (33 U.S.C. 2713(c)(2)) is amended by striking ``settled by any 
person by payment within 90 days'' and inserting ``settled in whole by 
any person by payment within 30 days''.
    (b) Processing of Claims.--Section 1012(a)(4) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by inserting before the 
semicolon at the end the following: ``and, in the event of a spill of 
national significance, administrative and personnel costs to process 
claims (including the costs of commercial claims processing, expert 
services, training, and technical services)''.

SEC. 104. OIL AND HAZARDOUS SUBSTANCE RESPONSE PLANNING.

    (a) Area Committees.--Section 311(j)(4)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)(A)) is amended--
            (1) by striking ``from qualified'' and inserting ``from--
                    ``(i) qualified'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(ii) individuals representing industry, 
                conservation, and the general public.''.
    (b) National Response System.--Section 311(j)(5) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iii) The President shall ensure that the 
                        regulations promulgated pursuant to this 
                        paragraph are designed to prevent, to the 
                        maximum extent practicable, injury to the 
                        economy, jobs, and the environment, including 
                        to prevent--
                                    ``(I) loss of, destruction of, or 
                                injury to, real or personal property;
                                    ``(II) loss of subsistence use of 
                                natural resources;
                                    ``(III) loss of revenue;
                                    ``(IV) loss of profits or earning 
                                capacity;
                                    ``(V) an increase in the cost of 
                                providing public services to remove a 
                                discharge; and
                                    ``(VI) loss of, destruction of, or 
                                injury to, natural resources.
                            ``(iv) The President shall promulgate 
                        regulations that clarify the requirements of a 
                        response plan in accordance with subparagraph 
                        (D).'';
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) A response plan required under this paragraph 
                shall--
                            ``(i) be consistent with the requirements 
                        of the National Contingency Plan and Area 
                        Contingency Plans;
                            ``(ii) identify the qualified individual 
                        having full authority to implement removal 
                        actions, and require immediate communications 
                        between that individual and the appropriate 
                        Federal official and the persons providing 
                        personnel and equipment pursuant to clause 
                        (iii);
                            ``(iii) identify, and ensure by contract or 
                        other means approved by the President the 
                        availability of, private personnel and 
                        equipment in the quantities necessary, staged 
                        and available in the appropriate region to 
                        respond immediately to and sustain the response 
                        effort for as long as necessary--
                                    ``(I) to remove, to the maximum 
                                extent practicable, a worst-case 
                                discharge (including a discharge 
                                resulting from fire or an explosion);
                                    ``(II) to mitigate damage from a 
                                discharge; and
                                    ``(III) to prevent or reduce a 
                                substantial threat of such a discharge;
                            ``(iv) demonstrate, to the maximum extent 
                        practicable, the financial capability to pay 
                        for removal costs and damages;
                            ``(v) describe the training, equipment 
                        testing, periodic unannounced drills, and 
                        response actions of persons on the vessel or at 
                        the facility, to be carried out under the plan 
                        to ensure the safety of the vessel or facility 
                        and to meet the requirements of this 
                        subparagraph;
                            ``(vi) describe the environmental effects 
                        of the response plan methodologies and 
                        equipment;
                            ``(vii) describe the process for 
                        communication and coordination with Federal, 
                        State, and local agencies before, during, and 
                        after a response to a discharge;
                            ``(viii) identify the effective daily 
                        recovery capacity for the quantity of oil or 
                        hazardous substance that will be removed under 
                        the response plan immediately following the 
                        discharge and at regular, identified periods;
                            ``(ix) in the case of oil production, 
                        drilling, and workover facilities, describe the 
                        specific measures to be used in response to a 
                        blowout or other event involving loss of well 
                        control;
                            ``(x) identify provisions for the owner or 
                        operator of a tank vessel, nontank vessel, or 
                        facility to report the actual quantity of oil 
                        or a hazardous substance removed at regular, 
                        identified periods following the discharge;
                            ``(xi) identify potential economic and 
                        ecological impacts of a worst-case discharge 
                        and response activities to prevent or mitigate, 
                        to the maximum extent practicable, those 
                        impacts in the event of a discharge;
                            ``(xii) be updated periodically; and
                            ``(xiii) be resubmitted for approval of 
                        each significant change.'';
            (3) in subparagraph (E), by striking clauses (i) through 
        (v) and inserting the following:
                            ``(i) require notice of a new proposed 
                        response plan or significant modification to an 
                        existing response plan for an offshore facility 
                        to be published in the Federal Register and 
                        provide for a public comment period for the 
                        plan of at least 30 days, taking into 
                        appropriate consideration security concerns and 
                        any proprietary issues otherwise provided by 
                        law;
                            ``(ii) promptly review the response plan;
                            ``(iii) require amendments to any plan that 
                        does not meet the requirements of this 
                        paragraph;
                            ``(iv) approve any plan only after finding, 
                        based on evidence in the record, that--
                                    ``(I) the response plan meets the 
                                requirements of subparagraph (D);
                                    ``(II) the methods and equipment 
                                proposed to be used under the response 
                                plan are demonstrated to be 
                                technologically feasible in the area 
                                and under the conditions in which the 
                                tank vessel, nontank vessel, or 
                                facility is proposed to operate;
                                    ``(III) the available scientific 
                                information about the area allows for 
                                identification of potential impacts to 
                                ecological areas and protection of 
                                those areas in the event of a 
                                discharge, including adequate surveys 
                                of wildlife; and
                                    ``(IV) the response plan describes 
                                the quantity of oil likely to be 
                                removed in the event of a worst-case 
                                discharge;
                            ``(v) obtain the written concurrence of 
                        such other agencies as the President determines 
                        have a significant responsibility to remove, 
                        mitigate damage from, or prevent or reduce a 
                        substantial threat of the worst-case discharge 
                        of oil or a hazardous substance;
                            ``(vi) review each plan periodically 
                        thereafter and require each plan to be updated 
                        not less often than once every 5 years, with 
                        each update considered a significant change 
                        requiring approval by the President;
                            ``(vii) require an update of a plan 
                        pursuant to clause (vi) to include the best 
                        available technology and methods to contain and 
                        remove, to the maximum extent practicable, a 
                        worst-case discharge (including a discharge 
                        resulting from fire or explosion), and to 
                        mitigate or prevent a substantial threat of 
                        such a discharge; and
                            ``(viii) in the case of a plan for a 
                        nontank vessel, consider any applicable State-
                        mandated response plan in effect on August 9, 
                        2004, and ensure consistency to the maximum 
                        extent practicable.''; and
            (4) by adding at the end the following:
                    ``(J) Technology standards.--The President may 
                establish requirements and guidance for using the best 
                available technology and methods in response plans, 
                which shall be based on performance metrics and 
                standards whenever practicable.
                    ``(K) Approval of existing plans.--
                            ``(i) In general.--The President shall--
                                    ``(I) implement an expedited review 
                                process of all response plans that were 
                                valid and approved on the day before 
                                the date of enactment of this 
                                subparagraph to identify those response 
                                plans that do not meet the requirements 
                                of this section; and
                                    ``(II) require those response plans 
                                to be amended to conform to the 
                                requirements of this section as soon as 
                                practicable after the date of enactment 
                                of this subparagraph.
                            ``(ii) Existing plans.--Notwithstanding any 
                        other provision of this section, a response 
                        plan that was valid and approved on the day 
                        before the date of enactment of this 
                        subparagraph--
                                    ``(I) shall remain valid and 
                                approved until required to be updated 
                                pursuant to clause (i); and
                                    ``(II) shall not be found not to be 
                                valid and approved as a result of the 
                                enactment of this subparagraph.
                            ``(iii) Public notice.--The President shall 
                        provide public notice of the process for 
                        updating response plans required by clause 
                        (i).''.
    (c) Definitions.--Section 311(a)(24)(B) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(a)(24)(B)) is amended by 
inserting ``, including from an unanticipated and uncontrolled blowout 
or other loss of well control,'' after ``foreseeable discharge''.

SEC. 105. REPORTS.

    Not later than 180 days after the date of enactment of this Act and 
every 90 days thereafter until all claims resulting from the blowout 
and explosion of the mobile offshore drilling unit Deepwater Horizon 
that occurred April 20, 2010, and resulting hydrocarbon releases into 
the environment, have been paid, the administrator of the fund 
described in paragraph (1) shall submit to Congress a report that 
describes--
            (1) the status of the compensation fund established by 
        British Petroleum Company to pay claims resulting from the 
        blowout and explosion; and
            (2) each claim that has been paid from that fund.

SEC. 106. TRUST FUND ADVANCE AUTHORITY.

    Section 6002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2752(b)(2)) is amended by striking ``the discharge of oil that began in 
2010 in connection with the explosion on, and sinking of, the mobile 
offshore drilling unit Deepwater Horizon,'' and inserting ``a spill of 
national significance,''.

 TITLE II--FEDERAL RESEARCH AND TECHNOLOGIES FOR OIL SPILL PREVENTION 
                              AND RESPONSE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Research and Technologies 
for Oil Spill Prevention and Response Act of 2010''.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to maintain and enhance the world-class research and 
        facilities of the Federal Government; and
            (2) to ensure that there are adequate knowledge, practices, 
        and technologies to detect, respond to, contain, and clean up 
        oil spills, whether onshore or on the outer Continental Shelf.

SEC. 203. INTERAGENCY COMMITTEE.

    Section 7001(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2761(b)) is amended by striking paragraph (4) and inserting the 
following:
            ``(4) Chairman.--
                    ``(A) In general.--A representative of the National 
                Oceanic and Atmospheric Administration, the 
                Environmental Protection Agency, Coast Guard, or the 
                Department of the Interior shall serve as Chairman of 
                the Interagency Committee (referred to in this section 
                as the `Chairman').
                    ``(B) Rotation.--The responsibility to chair the 
                Interagency Committee shall rotate between 
                representatives of each of the agencies described in 
                subparagraph (A) every 2 years.''.

SEC. 204. SCIENCE AND TECHNOLOGY ADVICE AND GUIDANCE.

    Section 7001(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2761(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Science and technology advisory board.--
                    ``(A) In general.--The Chairman shall enter into 
                appropriate arrangements with the National Academy of 
                Sciences to establish an independent committee, to be 
                known as the `Science and Technology Advisory Board', 
                to provide scientific and technical advice to the 
                Interagency Committee relating to research carried out 
                pursuant to the program established under subsection 
                (c), including--
                            ``(i) the identification of knowledge gaps 
                        that the program should address;
                            ``(ii) the establishment of scientific and 
                        technical priorities;
                            ``(iii) the provision of advice and 
                        guidance in the preparation of--
                                    ``(I) the report required under 
                                paragraph (3);
                                    ``(II) the update required under 
                                paragraph (4); and
                                    ``(III) the plan required under 
                                subsection (c)(14); and
                            ``(iv) an annual review of the results and 
                        effectiveness of the program, including 
                        successful technology development.
                    ``(B) Reports.--Reports and recommendations of the 
                Board shall promptly be made available to Congress and 
                the public.
                    ``(C) National institute of standards and 
                technology.--The National Institute of Standards and 
                Technology shall provide the Interagency Committee with 
                advice and guidance on issues relating to quality 
                assurance and standards measurements relating to 
                activities of the Interagency Committee under this 
                section.
            ``(3) Reports on current state of oil spill prevention and 
        response capabilities.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of this paragraph, the 
                Interagency Committee shall submit to Congress a report 
                on the current state of oil spill prevention and 
                response capabilities that--
                            ``(i) identifies current research programs 
                        conducted by governments, institutions of 
                        higher education, and corporate entities;
                            ``(ii) assesses the current status of 
                        knowledge on oil pollution prevention, 
                        response, and mitigation technologies;
                            ``(iii) identifies regional oil pollution 
                        research needs and priorities for a coordinated 
                        program of research at the regional level 
                        developed in consultation with State and local 
                        governments and Indian tribes;
                            ``(iv) assesses the current state of spill 
                        response equipment, and determines areas in 
                        need of improvement, including the quantity, 
                        age, quality, and effectiveness of the 
                        equipment and necessary technological 
                        improvements;
                            ``(v) assesses the current state of real-
                        time data available to mariners, including 
                        water level, currents, weather information, and 
                        predictions, and assesses whether lack of 
                        timely information increases the risk of 
                        discharges of oil;
                            ``(vi) assesses the capacity of the 
                        National Oceanic and Atmospheric Administration 
                        to respond, restore, and rehabilitate marine 
                        sanctuaries, monuments, sea turtles, and other 
                        protected species;
                            ``(vii) establishes goals for improved oil 
                        discharge prevention and response on which to 
                        target research for the following 5-year period 
                        before the next report is submitted under 
                        subparagraph (B); and
                            ``(viii) includes such recommendations as 
                        the Committee considers appropriate.
                    ``(B) Quinquennial updates.--The Interagency 
                Committee shall submit a report every fifth year after 
                the first report of the Interagency Committee submitted 
                under subparagraph (A) that updates the information 
                contained in the previous report of the Interagency 
                Committee under this paragraph.
            ``(4) Implementation plan update.--Not later than 1 year 
        after the date of enactment of this paragraph, the Interagency 
        Committee shall update the implementation plan required under 
        paragraph (1) to reflect the findings of the report required 
        under paragraph (3) and the requirements of this title.
            ``(5) Additional advice and guidance.--In carrying out the 
        duties of the Interagency Committee under this title, the 
        Interagency Committee shall accept comments and input from 
        State and local governments, Indian tribes, industry 
        representatives, and other stakeholders.''.

SEC. 205. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 7001(c) of the Oil Pollution Act of 1990 
(33 U.S.C. 2761(c)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and 
                bioremediation'' and inserting ``bioremediation, 
                containment vessels, booms, and skimmers, particularly 
                under worst-case release scenarios'';
                    (B) by striking subparagraph (H) and inserting the 
                following:
                    ``(H) research and development of methods to 
                respond to, restore, and rehabilitate natural resources 
                and ecosystem health and services damaged by oil 
                discharges;'';
                    (C) in subparagraph (I), by striking ``and'' at the 
                end;
                    (D) by redesignating subparagraph (J) as 
                subparagraph (L); and
                    (E) by inserting after subparagraph (I) the 
                following:
                    ``(J) research, development, and demonstration of 
                new or improved technologies and systems to contain, 
                respond to, and clean up a discharge of oil in extreme 
                or harsh conditions on the outer Continental Shelf;
                    ``(K) research to evaluate the relative 
                effectiveness and environmental impacts (including 
                human and environmental toxicity) of dispersants; 
                and'';
            (2) by striking paragraphs (8) and (9);
            (3) by redesignating paragraphs (3) through (7) and (10) 
        and (11) as paragraphs (4) through (8) and (11) and (12), 
        respectively;
            (4) by inserting after paragraph (2) the following:
            ``(3) Authorization of agency oil discharge research and 
        development programs.--
                    ``(A) In general.--The Secretary of the Interior, 
                in coordination with the program established under this 
                subsection, the Interagency Committee, and such other 
                agencies as the President may designate, shall carry 
                out a program of research, development, technology 
                demonstration, and risk assessment to address issues 
                associated with the detection of, response to, and 
                mitigation and cleanup of discharges of oil occurring 
                on Federal land managed by the Department of the 
                Interior, whether onshore or on the outer Continental 
                Shelf.
                    ``(B) Specific areas of focus.--The program 
                established under this paragraph shall provide for 
                research, development, demonstration, validation, 
                personnel training, and other activities relating to 
                new and improved technologies that are effective at 
                preventing or mitigating oil discharges and that 
                protect the environment, including technologies, 
                materials, methods, and practices--
                            ``(i) to detect the release of hydrocarbons 
                        from leaking exploration or production 
                        equipment;
                            ``(ii) to characterize the rates of flow 
                        from leaking exploration and production 
                        equipment in locations that are remote or 
                        difficult to access;
                            ``(iii) to protect the safety of workers 
                        addressing hydrocarbon releases from 
                        exploration and production equipment;
                            ``(iv) to control or contain the release of 
                        hydrocarbons from a blowout or other loss of 
                        well control; and
                            ``(v) in coordination with the 
                        Administrator and the Secretary of Commerce, 
                        for environmental assessment, restoration, and 
                        long-term monitoring.'';
            (5) in paragraph (5) (as redesignated by paragraph (3))--
                    (A) by striking subparagraphs (B) and (C);
                    (B) in the matter preceding clause (i), by striking 
                ``(A) The Committee'' and inserting ``The Department of 
                Commerce, in coordination with the Environmental 
                Protection Agency and the Department of the 
                Interior,'';
                    (C) by redesignating clauses (i) through (iv) as 
                subparagraphs (A) through (D), respectively;
                    (D) in subparagraph (A) (as redesignated by 
                subparagraphs (C)), by striking the period at the end 
                and inserting the following: ``, including--
                            ``(i) fundamental scientific 
                        characterization of the behavior of oil and 
                        natural gas in and on soil and water, including 
                        miscibility, plume behavior, emulsification, 
                        physical separation, and chemical and 
                        biological degradation;
                            ``(ii) behavior and effects of emulsified, 
                        dispersed, and submerged oil in water; and
                            ``(iii) modeling, simulation, and 
                        prediction of oil flows from releases and the 
                        trajectories of releases on the surface, the 
                        subsurface, and in water.''; and
                    (E) by adding at the end the following:
                    ``(E) The evaluation of direct and indirect 
                environmental effects of acute and chronic oil 
                discharges on natural resources, including impacts on 
                marine sanctuaries and monuments, protected areas, and 
                protected species.
                    ``(F) The monitoring, modeling, and evaluation of 
                the near- and long-term effects of major spills and 
                long-term cumulative effects of smaller endemic 
                spills.'';
            (6) in paragraph (6) (as redesignated by paragraph (3))--
                    (A) by redesignating subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively;
                    (B) by striking ``The United States Coast Guard'' 
                and inserting the following:
                    ``(A) In general.--The Coast Guard''; and
                    (C) by adding at the end the following:
                    ``(B) Extreme environmental condition demonstration 
                projects.--
                            ``(i) In general.--The Secretary of the 
                        Interior, in conjunction with the heads of such 
                        other agencies as the President may designate, 
                        shall conduct deepwater, ultra deepwater, and 
                        other extreme environment oil discharge 
                        response demonstration projects for the purpose 
                        of developing and demonstrating new integrated 
                        deepwater oil discharge mitigation and response 
                        systems that use the information and implement 
                        the improved practices and technologies 
                        developed through the program under this 
                        subsection.
                            ``(ii) Requirements.--The mitigation and 
                        response systems developed under clause (i) 
                        shall use technologies and management practices 
                        for improving the response capabilities to 
                        deepwater oil discharges, including--
                                    ``(I) improved oil flow monitoring 
                                and calculation;
                                    ``(II) improved oil discharge 
                                response capability;
                                    ``(III) improved subsurface 
                                mitigation technologies;
                                    ``(IV) improved capability to track 
                                and predict the flow and effects of oil 
                                discharges in both subsurface and 
                                surface areas for the purposes of 
                                making oil mitigation and response 
                                decisions; and
                                    ``(V) any other activities 
                                necessary to achieve the purposes of 
                                the program.'';
            (7) by inserting after paragraph (8) (as redesignated by 
        paragraph (3)) the following:
            ``(9) Research centers of excellence.--
                    ``(A) Response technologies for deepwater, ultra 
                deepwater, and other extreme environment oil 
                discharges.--
                            ``(i) Establishment.--The Secretary of the 
                        Interior shall establish at 1 or more 
                        institutions of higher education a research 
                        center of excellence for the research, 
                        development, and demonstration of technologies 
                        necessary to respond to, contain, mitigate, and 
                        clean up deepwater, ultra deepwater, and other 
                        extreme-environment discharges of oil.
                            ``(ii) Grants.--The Secretary shall provide 
                        grants to the research center of excellence 
                        established under clause (i) to conduct and 
                        oversee basic and applied research in the 
                        technologies described in that clause.
                    ``(B) Oil discharge response and restoration.--
                            ``(i) Establishment.--The Undersecretary of 
                        Commerce for Oceans and Atmosphere, in 
                        coordination with the Administrator and the 
                        Secretary of the Interior, shall establish at 1 
                        or more institutions of higher education a 
                        research center of excellence for research and 
                        innovation in the fate of, behavior and effects 
                        of, and damage assessment and restoration 
                        relating to discharges of oil.
                            ``(ii) Grants.--The Undersecretary of 
                        Commerce for Oceans and Atmosphere shall 
                        provide grants to the research center of 
                        excellence established under clause (i) to 
                        conduct and oversee basic and applied research 
                        in the areas described in that clause.
                    ``(C) Other research centers of excellence.--Any 
                agency that is a member of the Interagency Committee 
                may establish such other research centers of excellence 
                as the agency determines to be necessary for the 
                research, development, and demonstration of 
                technologies necessary to carry out the program 
                established under this subsection.
            ``(10) Pilot program.--
                    ``(A) In general.--The Secretary of the Interior, 
                the Commandant of the Coast Guard, and the 
                Administrator shall jointly conduct a pilot program to 
                conduct field tests, in the 
                waters of the United States, of new oil discharge 
                response, mitigation, and cleanup technologies 
                developed under the program established under this 
                subsection.
                    ``(B) Results.--The results of the field tests 
                conducted under subparagraph (A) shall be used--
                            ``(i) to refine oil discharge technology 
                        research and development; and
                            ``(ii) to assist the Secretary of the 
                        Interior, the Commandant of the Coast Guard, 
                        and the Administrator in the development of 
                        safety and environmental regulations under this 
                        Act and other applicable laws.'';
            (8) by striking paragraph (11) (as redesignated by 
        paragraph (3)) and inserting the following:
            ``(11) Grants.--
                    ``(A) In general.--In carrying out the research and 
                development program established under this subsection, 
                the Department of the Interior, the Environmental 
                Protection Agency, the National Oceanic and Atmospheric 
                Administration, and the Coast Guard shall each 
                establish a program to enter into contracts and 
                cooperative agreements and make competitive grants to 
                institutions of higher education, National 
                Laboratories, research institutions, other persons, or 
                groups of institutions of higher education, research 
                institutions, and other persons, for the purposes of 
                conducting the program established under this 
                subsection.
                    ``(B) Applications and conditions.--In carrying out 
                this paragraph, each agency--
                            ``(i) shall establish a notification and 
                        application procedure;
                            ``(ii) may establish such conditions and 
                        require such assurances as may be appropriate 
                        to ensure the efficiency and integrity of the 
                        grant program; and
                            ``(iii) may make grants under the program 
                        on a matching or nonmatching basis.
                    ``(C) Priorities.--Contracts, cooperative 
                agreements, and grants provided under this subparagraph 
                shall address research and technology priorities 
                described in the research and technology plan required 
                under paragraph (13).''; and
            (9) by adding at the end the following:
            ``(13) Research and technology plan.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this paragraph, and every 2 years 
                thereafter, the Interagency Committee shall develop and 
                publish a research and technology plan for the program 
                established under this subsection.
                    ``(B) Contents.--The plan under this paragraph 
                shall--
                            ``(i) identify research needs and 
                        opportunities;
                            ``(ii) propose areas of focus for the 
                        program;
                            ``(iii) establish program priorities, 
                        including priorities for--
                                    ``(I) demonstration projects under 
                                paragraph (7);
                                    ``(II) the research centers of 
                                excellence under paragraph (9); and
                                    ``(III) research funding provided 
                                under paragraph (11); and
                            ``(iv) estimate--
                                    ``(I) the extent of resources 
                                needed to conduct the program; and
                                    ``(II) timetables for completing 
                                research tasks under the program.
                    ``(C) Publication.--The Interagency Committee shall 
                timely publish--
                            ``(i) the plan under this paragraph; and
                            ``(ii) a review of the plan by the Board.
            ``(14) Peer review of proposals and research.--
                    ``(A) In general.--Any provision of funds under the 
                program established under this subsection shall be made 
                only after the agency providing the funding has carried 
                out an impartial peer review of the scientific and 
                technical merit of the proposals for the funding.
                    ``(B) Requirements.--The agency providing funding 
                shall ensure that any research conducted under the 
                program shall be peer-reviewed, transparent, and made 
                available to the public.
            ``(15) Funding.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (E), of amounts in the Oil Spill Liability 
                Trust Fund, $25,000,000 for each of fiscal years 2010 
                through 2020 shall be available, without further 
                appropriation and without fiscal year limitation, to 
                carry out the program under this section.
                    ``(B) Annual expenditure plan.--
                            ``(i) In general.--The President shall 
                        transmit, as part of the annual budget 
                        proposal, a plan for the expenditure of funds 
                        under this paragraph.
                            ``(ii) Research and technology plan.--The 
                        plan developed pursuant to clause (i) shall be 
                        consistent with the research and technology 
                        plan developed under paragraph (13).
                    ``(C) Availability of amounts.--On the date that is 
                15 days after the date on which the Congress adjourns 
                sine die for each year, amounts shall be made available 
                from the Oil Spill Liability Trust Fund, without 
                further appropriation, for the programs and projects in 
                the expenditure plan of the President, unless prior to 
                that date, a law is enacted establishing a different 
                expenditure plan.
                    ``(D) Alternate expenditure plan.--If Congress 
                enacts a law establishing an alternate expenditure plan 
                and the expenditure plan provides for less than the 
                annual funding amount under subparagraph (A), the 
                difference between the annual funding amount and the 
                alternate expenditure plan shall be available for 
                expenditure, without further appropriation, in 
                accordance with the expenditure plan submitted by the 
                President.
                    ``(E) Role of interagency committee.--In developing 
                the annual expenditure plan under subparagraph (B), the 
                President shall consider the recommendations of the 
                Interagency Committee.''.
    (b) Funding.--Section 7001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2761) is amended by striking subsection (f) and inserting the 
following:
    ``(f) Funding.--
            ``(1) In general.--In addition to amounts made available 
        subsection (c)(15), not to exceed $20,000,000 of the amounts in 
        the Fund shall be available each fiscal year to each of the 
        Secretary of Commerce, the Administrator of the Environmental 
        Protection Agency, and the Secretary of the Interior to carry 
        out this section.
            ``(2) Appropriations.--Funding authorized under paragraph 
        (1) shall be subject to appropriations.''.
    (c) Uses of Oil Spill Liability Trust Fund.--Section 1012(a)(5)(A) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended--
            (1) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, of which not less than 40 percent shall be used 
        each fiscal year to conduct research, development, and 
        evaluation of oil spill response and removal technologies and 
        methods consistent with the research and technology plan 
        developed under section 7001(c)(13)''.

               TITLE III--OUTER CONTINENTAL SHELF REFORM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Outer Continental Shelf Reform Act 
of 2010''.

SEC. 302. PURPOSES.

    The purposes of this title are--
            (1) to rationalize and reform the responsibilities of the 
        Secretary of the Interior with respect to the management of the 
        outer Continental Shelf in order to improve the management, 
        oversight, accountability, safety, and environmental protection 
        of all the resources on the outer Continental Shelf;
            (2) to provide independent development and enforcement of 
        safety and environmental laws (including regulations) 
        governing--
                    (A) energy development and mineral extraction 
                activities on the outer Continental Shelf; and
                    (B) related offshore activities; and
            (3) to ensure a fair return to the taxpayer from, and 
        independent management of, royalty and revenue collection and 
        disbursement activities from mineral and energy resources.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Department.--The term ``Department'' means the 
        Department of the Interior.
            (2) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the meaning given the term in section 2 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 304. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.

    Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) 
is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        which should be managed in a manner that--
                    ``(A) recognizes the need of the United States for 
                domestic sources of energy, food, minerals, and other 
                resources;
                    ``(B) minimizes the potential impacts of 
                development of those resources on the marine and 
                coastal environment and on human health and safety; and
                    ``(C) acknowledges the long-term economic value to 
                the United States of the balanced and orderly 
                management of those resources that safeguards the 
                environment and respects the multiple values and uses 
                of the outer Continental Shelf;'';
            (2) in paragraph (4)(C), by striking the period at the end 
        and inserting a semicolon;
            (3) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (4) by redesignating paragraph (6) as paragraph (7);
            (5) by inserting after paragraph (5) the following:
            ``(6) exploration, development, and production of energy 
        and minerals on the outer Continental Shelf should be allowed 
        only when those activities can be accomplished in a manner that 
        provides reasonable assurance of adequate protection against 
        harm to life, health, the environment, property, or other users 
        of the waters, seabed, or subsoil; and''; and
            (6) in paragraph (7) (as so redesignated)--
                    (A) by striking ``should be'' and inserting ``shall 
                be''; and
                    (B) by adding ``best available'' after ``using''.

SEC. 305. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF PROGRAM 
              MANAGEMENT.

    (a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding to the end the following:

``SEC. 32. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF PROGRAM 
              MANAGEMENT.

    ``(a) Leasing, Permitting, and Regulation Bureaus.--
            ``(1) Establishment of bureaus.--
                    ``(A) In general.--Subject to the discretion 
                granted by Reorganization Plan Number 3 of 1950 (64 
                Stat. 1262; 43 U.S.C. 1451 note), the Secretary shall 
                establish in the Department of the Interior not more 
                than 2 bureaus to carry out the leasing, permitting, 
                and safety and environmental regulatory functions 
                vested in the Secretary by this Act and the Federal Oil 
                and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 
                et seq.) related to the outer Continental Shelf.
                    ``(B) Conflicts of interest.--In establishing the 
                bureaus under subparagraph (A), the Secretary shall 
                ensure, to the maximum extent practicable, that any 
                potential organizational conflicts of interest related 
                to leasing, revenue creation, environmental protection, 
                and safety are eliminated.
            ``(2) Director.--Each bureau shall be headed by a Director, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate.
            ``(3) Compensation.--Each Director shall be compensated at 
        the rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
            ``(4) Qualifications.--Each Director shall be a person who, 
        by reason of professional background and demonstrated ability 
        and experience, is specially qualified to carry out the duties 
        of the office.
    ``(b) Royalty and Revenue Office.--
            ``(1) Establishment of office.--Subject to the discretion 
        granted by Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 
        43 U.S.C. 1451 note), the Secretary shall establish in the 
        Department of the Interior an office to carry out the royalty 
        and revenue management functions vested in the Secretary by 
        this Act and the Federal Oil and Gas Royalty Management Act of 
        1982 (30 U.S.C. 1701 et seq.).
            ``(2) Director.--The office established under paragraph (1) 
        shall be headed by a Director, who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            ``(3) Compensation.--The Director shall be compensated at 
        the rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
            ``(4) Qualifications.--The Director shall be a person who, 
        by reason of professional background and demonstrated ability 
        and experience, is specially qualified to carry out the duties 
        of the office.
    ``(c) OCS Safety and Environmental Advisory Board.--
            ``(1) Establishment.--The Secretary shall establish, under 
        the Federal Advisory Committee Act (5 U.S.C. App.), an Outer 
        Continental Shelf Safety and Environmental Advisory Board 
        (referred to in this subsection as the `Board'), to provide the 
        Secretary and the Directors of the bureaus established under 
        this section with independent peer-reviewed scientific and 
        technical advice on safe and environmentally compliant energy 
        and mineral resource exploration, development, and production 
        activities.
            ``(2) Membership.--
                    ``(A) Size.--
                            ``(i) In general.--The Board shall consist 
                        of not more than 12 members, chosen to reflect 
                        a range of expertise in scientific, 
                        engineering, management, and other disciplines 
                        related to safe and environmentally compliant 
                        energy and mineral resource exploration, 
                        development, and production activities.
                            ``(ii) Consultation.--The Secretary shall 
                        consult with the National Academy of Sciences 
                        and the National Academy of Engineering to 
                        identify potential candidates for membership on 
                        the Board.
                    ``(B) Term.--The Secretary shall appoint Board 
                members to staggered terms of not more than 4 years, 
                and shall not appoint a member for more than 2 
                consecutive terms.
                    ``(C) Chair.--The Secretary shall appoint the Chair 
                for the Board.
            ``(3) Meetings.--The Board shall--
                    ``(A) meet not less than 3 times per year; and
                    ``(B) at least once per year, shall host a public 
                forum to review and assess the overall safety and 
                environmental performance of outer Continental Shelf 
                energy and mineral resource activities.
            ``(4) Reports.--Reports of the Board shall--
                    ``(A) be submitted to Congress; and
                    ``(B) made available to the public in an 
                electronically accessible form.
            ``(5) Travel expenses.--Members of the Board, other than 
        full-time employees of the Federal Government, while attending 
        a meeting of the Board or while otherwise serving at the 
        request of the Secretary or the Director while serving away 
        from their homes or regular places of business, may be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code, for 
        individuals in the Federal Government serving without pay.
    ``(d) Special Personnel Authorities.--
            ``(1) Direct hiring authority for critical personnel.--
                    ``(A) In general.--Notwithstanding sections 3104, 
                3304, and 3309 through 3318 of title 5, United States 
                Code, the Secretary may, upon a determination that 
                there is a severe shortage of candidates or a critical 
                hiring need for particular positions, recruit and 
                directly appoint highly qualified accountants, 
                scientists, engineers, or critical technical personnel 
                into the competitive service, as officers or employees 
                of any of the organizational units established under 
                this section.
                    ``(B) Requirements.--In exercising the authority 
                granted under subparagraph (A), the Secretary shall 
                ensure that any action taken by the Secretary--
                            ``(i) is consistent with the merit 
                        principles of chapter 23 of title 5, United 
                        States Code; and
                            ``(ii) complies with the public notice 
                        requirements of section 3327 of title 5, United 
                        States Code.
            ``(2) Critical pay authority.--
                    ``(A) In general.--Notwithstanding section 5377 of 
                title 5, United States Code, and without regard to the 
                provisions of that title governing appointments in the 
                competitive service or the Senior Executive Service and 
                chapters 51 and 53 of that title (relating to 
                classification and pay rates), the Secretary may 
                establish, fix the compensation of, and appoint 
                individuals to critical positions needed to carry out 
                the functions of any of the organizational units 
                established under this section, if the Secretary 
                certifies that--
                            ``(i) the positions--
                                    ``(I) require expertise of an 
                                extremely high level in a scientific or 
                                technical field; and
                                    ``(II) any of the organizational 
                                units established in this section would 
                                not successfully accomplish an 
                                important mission without such an 
                                individual; and
                            ``(ii) exercise of the authority is 
                        necessary to recruit an individual 
                        exceptionally well qualified for the position.
                    ``(B) Limitations.--The authority granted under 
                subparagraph (A) shall be subject to the following 
                conditions:
                            ``(i) The number of critical positions 
                        authorized by subparagraph (A) may not exceed 
                        40 at any 1 time in either of the bureaus 
                        established under this section.
                            ``(ii) The term of an appointment under 
                        subparagraph (A) may not exceed 4 years.
                            ``(iii) An individual appointed under 
                        subparagraph (A) may not have been an employee 
                        of the Department of the Interior during the 2-
                        year period prior to the date of appointment.
                            ``(iv) Total annual compensation for any 
                        individual appointed under subparagraph (A) may 
                        not exceed the highest total annual 
                        compensation payable at the rate determined 
                        under section 104 of title 3, United States 
                        Code.
                            ``(v) An individual appointed under 
                        subparagraph (A) may not be considered to be an 
                        employee for purposes of subchapter II of 
                        chapter 75 of title 5, United States Code.
                    ``(C) Notification.--Each year, the Secretary shall 
                submit to Congress a notification that lists each 
                individual appointed under this paragraph.
            ``(3) Reemployment of civilian retirees.--
                    ``(A) In general.--Notwithstanding part 553 of 
                title 5, Code of Federal Regulations (relating to 
                reemployment of civilian retirees to meet exceptional 
                employment needs), or successor regulations, the 
                Secretary may approve the reemployment of an individual 
                to a particular position without reduction or 
                termination of annuity if the hiring of the individual 
                is necessary to carry out a critical function of any of 
                the organizational units established under this section 
                for which suitably qualified candidates do not exist.
                    ``(B) Limitations.--An annuitant hired with full 
                salary and annuities under the authority granted by 
                subparagraph (A)--
                            ``(i) shall not be considered an employee 
                        for purposes of subchapter III of chapter 83 
                        and chapter 84 of title 5, United States Code;
                            ``(ii) may not elect to have retirement 
                        contributions withheld from the pay of the 
                        annuitant;
                            ``(iii) may not use any employment under 
                        this paragraph as a basis for a supplemental or 
                        recomputed annuity; and
                            ``(iv) may not participate in the Thrift 
                        Savings Plan under subchapter III of chapter 84 
                        of title 5, United States Code.
                    ``(C) Limitation on term.--The term of employment 
                of any individual hired under subparagraph (A) may not 
                exceed an initial term of 2 years, with an additional 
                2-year appointment under exceptional circumstances.
    ``(e) Continuity of Authority.--Subject to the discretion granted 
by Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 
note), any reference in any law, rule, regulation, directive, or 
instruction, or certificate or other official document, in force 
immediately prior to the date of enactment of this section--
            ``(1) to the Minerals Management Service that pertains to 
        any of the duties and authorities described in this section 
        shall be deemed to refer and apply to the appropriate bureaus 
        and offices established under this section;
            ``(2) to the Director of the Minerals Management Service 
        that pertains to any of the duties and authorities described in 
        this section shall be deemed to refer and apply to the Director 
        of the bureau or office under this section to whom the 
        Secretary has assigned the respective duty or authority; and
            ``(3) to any other position in the Minerals Management 
        Service that pertains to any of the duties and authorities 
        described in this section shall be deemed to refer and apply to 
        that same or equivalent position in the appropriate bureau or 
        office established under this section.''.
    (b) Conforming Amendment.--Section 5316 of title 5, United States 
Code, is amended by striking ``Director, Bureau of Mines, Department of 
the Interior'' and inserting the following:
            ````Bureau Directors, Department of the Interior (2).
            ````Director, Royalty and Revenue Office, Department of the 
        Interior.''.

SEC. 306. SAFETY, ENVIRONMENTAL, AND FINANCIAL REFORM OF THE OUTER 
              CONTINENTAL SHELF LANDS ACT.

    (a) Definitions.--Section 2 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331) is amended by adding at the end the following:
    ``(r) Safety Case.--The term `safety case' means a complete set of 
safety documentation that provides a basis for determining whether a 
system is adequately safe for a given application in a given 
environment.''.
    (b) Administration of Leasing.--Section 5(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1334(a)) is amended in the 
second sentence--
            (1) by striking ``The Secretary may at any time'' and 
        inserting ``The Secretary shall''; and
            (2) by inserting after ``provide for'' the following: 
        ``operational safety, the protection of the marine and coastal 
        environment,''.
    (c) Maintenance of Leases.--Section 6 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1335) is amended by adding at the end the 
following:
    ``(f) Review of Bond and Surety Amounts.--Not later than May 1, 
2011, and every 5 years thereafter, the Secretary shall--
            ``(1) review the minimum financial responsibility 
        requirements for mineral leases under subsection (a)(11); and
            ``(2) adjust for inflation based on the Consumer Price 
        Index for all Urban Consumers published by the Bureau of Labor 
        Statistics of the Department of Labor, and recommend to 
        Congress any further changes to existing financial 
        responsibility requirements necessary to permit lessees to 
        fulfill all obligations under this Act or the Oil Pollution Act 
        of 1990 (33 U.S.C. 2701 et seq.).
    ``(g) Periodic Fiscal Reviews and Reports.--
            ``(1) Royalty rates.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection and every 4 years 
                thereafter, the Secretary shall carry out a review of, 
                and prepare a report that describes--
                            ``(i) the royalty and rental rates included 
                        in new offshore oil and gas leases and the 
                        rationale for the rates;
                            ``(ii) whether, in the view of the 
                        Secretary, the royalty and rental rates 
                        described in subparagraph (A) would yield a 
                        fair return to the public while promoting the 
                        production of oil and gas resources in a timely 
                        manner; and
                            ``(iii) whether, based on the review, the 
                        Secretary intends to modify the royalty or 
                        rental rates.
                    ``(B) Public participation.--In carrying out a 
                review and preparing a report under subparagraph (A), 
                the Secretary shall provide to the public an 
                opportunity to participate.
            ``(2) Comparative review of fiscal system.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection and every 4 years 
                thereafter, the Secretary in consultation with the 
                Secretary of the Treasury, shall carry out a 
                comprehensive review of all components of the Federal 
                offshore oil and gas fiscal system, including 
                requirements for bonus bids, rental rates, royalties, 
                oil and gas taxes, income taxes and other significant 
                financial elements, and oil and gas fees.
                    ``(B) Inclusions.--The review shall include--
                            ``(i) information and analyses comparing 
                        the offshore bonus bids, rents, royalties, 
                        taxes, and fees of the Federal Government to 
                        the offshore bonus bids, rents, royalties, 
                        taxes, and fees of other resource owners 
                        (including States and foreign countries); and
                            ``(ii) an assessment of the overall 
                        offshore oil and gas fiscal system in the 
                        United States, as compared to foreign 
                        countries.
                    ``(C) Independent advisory committee.--In carrying 
                out a review under this paragraph, the Secretary shall 
                convene and seek the advice of an independent advisory 
                committee comprised of oil and gas and fiscal experts 
                from States, Indian tribes, academia, the energy 
                industry, and appropriate nongovernmental 
                organizations.
                    ``(D) Report.--The Secretary shall prepare a report 
                that contains--
                            ``(i) the contents and results of the 
                        review carried out under this paragraph for the 
                        period covered by the report; and
                            ``(ii) any recommendations of the Secretary 
                        and the Secretary of the Treasury based on the 
                        contents and results of the review.
                    ``(E) Combined report.--The Secretary may combine 
                the reports required by paragraphs (1) and (2)(D) into 
                1 report.
            ``(3) Report deadline.--Not later than 30 days after the 
        date on which the Secretary completes each report under this 
        subsection, the Secretary shall submit copies of the report 
        to--
                    ``(A) the Committee on Energy and Natural Resources 
                of the Senate;
                    ``(B) the Committee on Finance of the Senate;
                    ``(C) the Committee on Natural Resources of the 
                House of Representatives; and
                    ``(D) the Committee on Ways and Means of the House 
                of Representatives.''.
    (d) Leases, Easements, and Rights-of-Way.--Section 8 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Disqualification From Bidding.--No bid for a lease may be 
submitted by any entity that the Secretary finds, after prior public 
notice and opportunity for a hearing--
            ``(1) is not meeting due diligence, safety, or 
        environmental requirements on other leases; or
            ``(2)(A) is a responsible party for a vessel or a facility 
        from which oil is discharged, for purposes of section 1002 of 
        the Oil Pollution Act of 1990 (33 U.S.C. 2702); and
            ``(B) has failed to meet the obligations of the responsible 
        party under that Act to provide compensation for covered 
        removal costs and damages.''.
    (e) Exploration Plans.--Section 11 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340) is amended--
            (1) in subsection (c)--
                    (A) in the fourth sentence of paragraph (1), by 
                striking ``within thirty days of its submission'' and 
                inserting ``by the deadline described in paragraph 
                (5)'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Minimum requirements.--
                    ``(A) In general.--An exploration plan submitted 
                under this subsection shall include, in such degree of 
                detail as the Secretary by regulation may require--
                            ``(i) a complete description and schedule 
                        of the exploration activities to be undertaken;
                            ``(ii) a description of the equipment to be 
                        used for the exploration activities, 
                        including--
                                    ``(I) a description of the drilling 
                                unit;
                                    ``(II) a statement of the design 
                                and condition of major safety-related 
                                pieces of equipment;
                                    ``(III) a description of any new 
                                technology to be used; and
                                    ``(IV) a statement demonstrating 
                                that the equipment to be used meets the 
                                best available technology requirements 
                                under section 21(b);
                            ``(iii) a map showing the location of each 
                        well to be drilled;
                            ``(iv)(I) a scenario for the potential 
                        blowout of the well involving the highest 
                        expected volume of liquid hydrocarbons; and
                            ``(II) a complete description of a response 
                        plan to control the blowout and manage the 
                        accompanying discharge of hydrocarbons, 
                        including--
                                    ``(aa) the technology and timeline 
                                for regaining control of the well; and
                                    ``(bb) the strategy, organization, 
                                and resources to be used to avoid harm 
                                to the environment and human health 
                                from hydrocarbons; and
                            ``(v) any other information determined to 
                        be relevant by the Secretary.
                    ``(B) Deepwater wells.--
                            ``(i) In general.--Before conducting 
                        exploration activities in water depths greater 
                        than 500 feet, the holder of a lease shall 
                        submit to the Secretary for approval a 
                        deepwater operations plan prepared by the 
                        lessee in accordance with this subparagraph.
                            ``(ii) Technology requirements.--A 
                        deepwater operations plan under this 
                        subparagraph shall be based on the best 
                        available technology to ensure safety in 
                        carrying out the exploration activity and the 
                        blowout response plan.
                            ``(iii) Systems analysis required.--The 
                        Secretary shall not approve a deepwater 
                        operations plan under this subparagraph unless 
                        the plan includes a technical systems analysis 
                        of--
                                    ``(I) the safety of the proposed 
                                exploration activity;
                                    ``(II) the blowout prevention 
                                technology; and
                                    ``(III) the blowout and spill 
                                response plans.''; and
                    (C) by adding at the end the following:
            ``(5) Deadline for approval.--
                    ``(A) In general.--In the case of a lease issued 
                under a sale held after March 17, 2010, the deadline 
                for approval of an exploration plan referred to in the 
                fourth sentence of paragraph (1) is--
                            ``(i) the date that is 90 days after the 
                        date on which the plan or the modifications to 
                        the plan are submitted; or
                            ``(ii) the date that is not later than an 
                        additional 180 days after the deadline 
                        described in clause (i), if the Secretary makes 
                        a finding that additional time is necessary to 
                        complete any environmental, safety, or other 
                        reviews.
                    ``(B) Existing leases.--In the case of a lease 
                issued under a sale held on or before March 17, 2010, 
                the Secretary, with the consent of the holder of the 
                lease, may extend the deadline applicable to the lease 
                for such additional time as the Secretary determines is 
                necessary to complete any environmental, safety, or 
                other reviews.'';
            (2) by redesignating subsections (e) through (h) as 
        subsections (f) through (i), respectively; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Drilling Permits.--
            ``(1) In general.--The Secretary shall, by regulation, 
        require that any lessee operating under an approved exploration 
        plan obtain a permit--
                    ``(A) before the lessee drills a well in accordance 
                with the plan; and
                    ``(B) before the lessee significantly modifies the 
                well design originally approved by the Secretary.
            ``(2) Engineering review required.--The Secretary may not 
        grant any drilling permit until the date of completion of a 
        full review of the well system by not less than 2 agency 
        engineers, including a written determination that--
                    ``(A) critical safety systems (including blowout 
                prevention) will use best available technology; and
                    ``(B) blowout prevention systems will include 
                redundancy and remote triggering capability.
            ``(3) Modification review required.--The Secretary may not 
        approve any modification of a permit without a determination, 
        after an additional engineering review, that the modification 
        will not compromise the safety of the well system previously 
        approved.
            ``(4) Operator safety and environmental management 
        required.--The Secretary may not grant any drilling permit or 
        modification of the permit until the date of completion and 
        approval of a safety and environmental management plan that--
                    ``(A) is to be used by the operator during all well 
                operations; and
                    ``(B) includes--
                            ``(i) a description of the expertise and 
                        experience level of crew members who will be 
                        present on the rig; and
                            ``(ii) designation of at least 2 
                        environmental and safety managers that--
                                    ``(I) are employees of the 
                                operator;
                                    ``(II) would be present on the rig 
                                at all times; and
                                    ``(III) have overall responsibility 
                                for the safety and environmental 
                                management of the well system and spill 
                                response plan; and
                    ``(C) not later than May 1, 2012, requires that all 
                employees on the rig meet the training and experience 
                requirements under section 21(b)(4).
    ``(e) Disapproval of Exploration Plan.--
            ``(1) In general.--The Secretary shall disapprove an 
        exploration plan submitted under this section if the Secretary 
        determines that, because of exceptional geological conditions 
        in the lease areas, exceptional resource values in the marine 
        or coastal environment, or other exceptional circumstances, 
        that--
                    ``(A) implementation of the exploration plan would 
                probably cause serious harm or damage to life 
                (including fish and other aquatic life), property, 
                mineral deposits, national security or defense, or the 
                marine, coastal or human environments;
                    ``(B) the threat of harm or damage would not 
                disappear or decrease to an acceptable extent within a 
                reasonable period of time; and
                    ``(C) the advantages of disapproving the 
                exploration plan outweigh the advantages of 
                exploration.
            ``(2) Compensation.--If an exploration plan is disapproved 
        under this subsection, the provisions of subparagraphs (B) and 
        (C) of section 25(h)(2) shall apply to the lease and the plan 
        or any modified plan, except that the reference in section 
        25(h)(2)(C) to a development and production plan shall be 
        considered to be a reference to an exploration plan.''.
    (f) Outer Continental Shelf Leasing Program.--Section 18 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence, by inserting after 
                ``national energy needs'' the following: ``and the need 
                for the protection of the marine and coastal 
                environment and resources'';
                    (B) in paragraph (1), by striking ``considers'' and 
                inserting ``gives equal consideration to''; and
                    (C) in paragraph (3), by striking ``, to the 
                maximum extent practicable,'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) provide technical review and oversight of the 
        exploration plan and a systems review of the safety of the well 
        design and other operational decisions;
            ``(6) conduct regular and thorough safety reviews and 
        inspections, and;
            ``(7) enforce all applicable laws (including 
        regulations).'';
            (3) in the second sentence of subsection (d)(2), by 
        inserting ``, the head of an interested Federal agency,'' after 
        ``Attorney General'';
            (4) in the first sentence of subsection (g), by inserting 
        before the period at the end the following: ``, including 
        existing inventories and mapping of marine resources previously 
        undertaken by the Department of the Interior and the National 
        Oceanic and Atmospheric Administration, information provided by 
        the Department of Defense, and other available data regarding 
        energy or mineral resource potential, navigation uses, 
        fisheries, aquaculture uses, recreational uses, habitat, 
        conservation, and military uses on the outer Continental 
        Shelf''; and
            (5) by adding at the end the following:
    ``(i) Research and Development.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research and development to ensure the continued improvement 
        of methodologies for characterizing resources of the outer 
        Continental Shelf and conditions that may affect the ability to 
        develop and use those resources in a safe, sound, and 
        environmentally responsible manner.
            ``(2) Inclusions.--Research and development activities 
        carried out under paragraph (1) may include activities to 
        provide accurate estimates of energy and mineral reserves and 
        potential on the outer Continental Shelf and any activities 
        that may assist in filling gaps in environmental data needed to 
        develop each leasing program under this section.
            ``(3) Leasing activities.--Research and development 
        activities carried out under paragraph (1) shall not be 
        considered to be leasing or pre-leasing activities for purposes 
        of this Act.''.
    (g) Environmental Studies.--Section 20 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346) is amended--
            (1) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Comprehensive and Independent Studies.--
            ``(1) In general.--The Secretary shall develop and carry 
        out programs for the collection, evaluation, assembly, 
        analysis, and dissemination of environmental and other resource 
        data that are relevant to carrying out the purposes of this 
        Act, including assessments under subsection (g) .
            ``(2) Scope of research.--The programs under this 
        subsection shall include--
                    ``(A) the gathering of baseline data in areas 
                before energy or mineral resource development 
                activities occur;
                    ``(B) ecosystem research and monitoring studies to 
                support integrated resource management decisions; and
                    ``(C) the improvement of scientific understanding 
                of the fate, transport, and effects of discharges and 
                spilled materials, including deep water hydrocarbon 
                spills, in the marine environment.
            ``(3) Use of data.--The Secretary shall ensure that 
        information from the studies carried out under this section--
                    ``(A) informs the management of energy and mineral 
                resources on the outer Continental Shelf including any 
                areas under consideration for oil and gas leasing; and
                    ``(B) contributes to a broader coordination of 
                energy and mineral resource development activities 
                within the context of best available science.
            ``(4) Independence.--The Secretary shall create a program 
        within the appropriate bureau established under section 32 that 
        shall--
                    ``(A) be programmatically separate and distinct 
                from the leasing program;
                    ``(B) carry out the environmental studies under 
                this section;
                    ``(C) conduct additional environmental studies 
                relevant to the sound management of energy and mineral 
                resources on the outer Continental Shelf;
                    ``(D) provide for external scientific review of 
                studies under this section, including through 
                appropriate arrangements with the National Academy of 
                Sciences; and
                    ``(E) subject to the restrictions of subsections 
                (g) and (h) of section 18, make available to the public 
                studies conducted and data gathered under this 
                section.''; and
            (3) in the first sentence of subsection (b)(1) (as so 
        redesignated), by inserting ``every 3 years'' after ``shall 
        conduct''.
    (h) Safety Research and Regulations.--Section 21 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1347) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``Upon the date of enactment of this section,'' and inserting 
        ``Not later than May 1, 2011, and every 3 years thereafter,'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Best Available Technologies and Practices.--
            ``(1) In general.--In exercising respective 
        responsibilities under this Act, the Secretary, and the 
        Secretary of the Department in which the Coast Guard is 
        operating, shall require, on all new drilling and production 
        operations and, to the maximum extent practicable, on existing 
        operations, the use of the best available and safest 
        technologies and practices, if the failure of equipment would 
        have a significant effect on safety, health, or the 
        environment.
            ``(2) Identification of best available technologies.--Not 
        later than May 1, 2011, and not later than every 3 years 
        thereafter, the Secretary shall identify and publish an updated 
        list of best available technologies for key areas of well 
        design and operation, including blowout prevention and blowout 
        and oil spill response.
            ``(3) Safety case.--Not later than May 1, 2011, the 
        Secretary shall promulgate regulations requiring a safety case 
        be submitted along with each new application for a permit to 
        drill on the outer Continental Shelf.
            ``(4) Employee training.--
                    ``(A) In general.--Not later than May 1, 2011, the 
                Secretary shall promulgate regulations setting 
                standards for training for all workers on offshore 
                facilities (including mobile offshore drilling units) 
                conducting energy and mineral resource exploration, 
                development, and production operations on the outer 
                Continental Shelf.
                    ``(B) Requirements.--The training standards under 
                this paragraph shall require that employers of workers 
                described in subparagraph (A)--
                            ``(i) establish training programs approved 
                        by the Secretary; and
                            ``(ii) demonstrate that employees involved 
                        in the offshore operations meet standards that 
                        demonstrate the aptitude of the employees in 
                        critical technical skills.
                    ``(C) Experience.--The training standards under 
                this section shall require that any offshore worker 
                with less than 5 years of applied experience in 
                offshore facilities operations pass a certification 
                requirement after receiving the appropriate training.
                    ``(D) Monitoring training courses.--The Secretary 
                shall ensure that Department employees responsible for 
                inspecting offshore facilities monitor, observe, and 
                report on training courses established under this 
                paragraph, including attending a representative number 
                of the training sessions, as determined by the 
                Secretary.''; and
            (3) by adding at the end the following:
    ``(g) Technology Research and Risk Assessment Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, and risk assessment to address 
        technology and development issues associated with outer 
        Continental Shelf energy and mineral resource activities, with 
        the primary purpose of informing the role of research, 
        development, and risk assessment relating to safety, 
        environmental protection, and spill response.
            ``(2) Specific areas of focus.--The program under this 
        subsection shall include research, development, and other 
        activities related to--
                    ``(A) risk assessment, using all available data 
                from safety and compliance records both within the 
                United States and internationally;
                    ``(B) analysis of industry trends in technology, 
                investment, and interest in frontier areas;
                    ``(C) analysis of incidents investigated under 
                section 22;
                    ``(D) reviews of best available technologies, 
                including technologies associated with pipelines, 
                blowout preventer mechanisms, casing, well design, and 
                other associated infrastructure related to offshore 
                energy development;
                    ``(E) oil spill response and mitigation;
                    ``(F) risks associated with human factors; and
                    ``(G) renewable energy operations.
            ``(3) Information sharing activities.--
                    ``(A) Domestic activities.--The Secretary shall 
                carry out programs to facilitate the exchange and 
                dissemination of scientific and technical information 
                and best practices related to the management of safety 
                and environmental issues associated with energy and 
                mineral resource exploration, development, and 
                production.
                    ``(B) International cooperation.--The Secretary 
                shall carry out programs to cooperate with 
                international organizations and foreign governments to 
                share information and best practices related to the 
                management of safety and environmental issues 
                associated with energy and mineral resource 
                exploration, development, and production.
            ``(4) Reports.--The program under this subsection shall 
        provide to the Secretary, each Bureau Director under section 
        32, and the public quarterly reports that address--
                    ``(A) developments in each of the areas under 
                paragraph (2); and
                    ``(B)(i) any accidents that have occurred in the 
                past quarter; and
                    ``(ii) appropriate responses to the accidents.
            ``(5) Independence.--The Secretary shall create a program 
        within the appropriate bureau established under section 32 that 
        shall--
                    ``(A) be programmatically separate and distinct 
                from the leasing program;
                    ``(B) carry out the studies, analyses, and other 
                activities under this subsection;
                    ``(C) provide for external scientific review of 
                studies under this section, including through 
                appropriate arrangements with the National Academy of 
                Sciences; and
                    ``(D) make available to the public studies 
                conducted and data gathered under this section.
            ``(6) Use of data.--The Secretary shall ensure that the 
        information from the studies and research carried out under 
        this section inform the development of safety practices and 
        regulations as required by this Act and other applicable 
        laws.''.
    (i) Enforcement.--Section 22 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1348) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by inserting ``, 
                        each loss of well control, blowout, activation 
                        of the blowout preventer, and other accident 
                        that presented a serious risk to human or 
                        environmental safety,'' after ``fire''; and
                            (ii) in the last sentence, by inserting 
                        ``as a condition of the lease'' before the 
                        period at the end;
                    (B) in the last sentence of paragraph (2), by 
                inserting ``as a condition of lease'' before the period 
                at the end;
            (2) in subsection (e)--
                    (A) by striking ``(e) The'' and inserting the 
                following:
    ``(e) Review of Alleged Safety Violations.--
            ``(1) In general.--The''; and
                    (B) by adding at the end the following:
            ``(2) Investigation.--The Secretary shall investigate any 
        allegation from any employee of the lessee or any subcontractor 
        of the lessee made under paragraph (1).''; and
            (3) by adding at the end of the section the following:
    ``(g) Independent Investigation.--
            ``(1) In general.--At the request of the Secretary, the 
        National Transportation Safety Board may conduct an independent 
        investigation of any accident, occurring in the outer 
        Continental Shelf and involving activities under this Act, that 
        does not otherwise fall within the definition of an accident or 
        major marine casualty, as those terms are used in chapter 11 of 
        title 49, United States Code.
            ``(2) Transportation accident.--For purposes of an 
        investigation under this subsection, the accident that is the 
        subject of the request by the Secretary shall be determined to 
        be a transportation accident within the meaning of that term in 
        chapter 11 of title 49, United States Code.
    ``(h) Information on Causes and Corrective Actions.--
            ``(1) In general.--For each incident investigated under 
        this section, the Secretary shall promptly make available to 
        all lessees and the public technical information about the 
        causes and corrective actions taken.
            ``(2) Public database.--All data and reports related to an 
        incident described in paragraph (1) shall be maintained in a 
        database that is available to the public.
    ``(i) Inspection Fee.--
            ``(1) In general.--To the extent necessary to fund the 
        inspections described in this paragraph, the Secretary shall 
        collect a non-refundable inspection fee, which shall be 
        deposited in the Ocean Energy Enforcement Fund established 
        under paragraph (3), from the designated operator for 
        facilities subject to inspection under subsection (c).
            ``(2) Establishment.--The Secretary shall establish, by 
        rule, inspection fees--
                    ``(A) at an aggregate level equal to the amount 
                necessary to offset the annual expenses of inspections 
                of outer Continental Shelf facilities (including mobile 
                offshore drilling units) by the Department of the 
                Interior; and
                    ``(B) using a schedule that reflects the 
                differences in complexity among the classes of 
                facilities to be inspected.
            ``(3) Ocean energy enforcement fund.--There is established 
        in the Treasury a fund, to be known as the `Ocean Energy 
        Enforcement Fund' (referred to in this subsection as the 
        `Fund'), into which shall be deposited amounts collected under 
        paragraph (1) and which shall be available as provided under 
        paragraph (4).
            ``(4) Availability of fees.--Notwithstanding section 3302 
        of title 31, United States Code, all amounts collected by the 
        Secretary under this section--
                    ``(A) shall be credited as offsetting collections;
                    ``(B) shall be available for expenditure only for 
                purposes of carrying out inspections of outer 
                Continental Shelf facilities (including mobile offshore 
                drilling units) and the administration of the 
                inspection program;
                    ``(C) shall be available only to the extent 
                provided for in advance in an appropriations Act; and
                    ``(D) shall remain available until expended.
            ``(5) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2011, the Secretary shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report on the operation of the Fund 
                during the fiscal year.
                    ``(B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures.
                            ``(iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                            ``(iv) A statement of the balance remaining 
                        in the Fund at the end of the fiscal year.''.
    (j) Remedies and Penalties.--Section 24 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1350) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Civil Penalty.--
            ``(1) In general.--Subject to paragraphs (2) through (3), 
        if any person fails to comply with this Act, any term of a 
        lease or permit issued under this Act, or any regulation or 
        order issued under this Act, the person shall be liable for a 
        civil administrative penalty of not more than $75,000 for each 
        day of continuance of each failure.
            ``(2) Administration.--The Secretary may assess, collect, 
        and compromise any penalty under paragraph (1).
            ``(3) Hearing.--No penalty shall be assessed under this 
        subsection until the person charged with a violation has been 
        given the opportunity for a hearing.
            ``(4) Adjustment.--The penalty amount specified in this 
        subsection shall increase each year to reflect any increases in 
        the Consumer Price Index for All Urban Consumers published by 
        the Bureau of Labor Statistics of the Department of Labor.'';
            (2) in subsection (c)--
                    (A) in the first sentence, by striking ``$100,000'' 
                and inserting ``$10,000,000''; and
                    (B) by adding at the end the following: ``The 
                penalty amount specified in this subsection shall 
                increase each year to reflect any increases in the 
                Consumer Price Index for All Urban Consumers published 
                by the Bureau of Labor Statistics of the Department of 
                Labor.''; and
            (3) in subsection (d), by inserting ``, or with reckless 
        disregard,'' after ``knowingly and willfully''.
    (k) Oil and Gas Development and Production.--Section 25 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by 
striking ``, other than the Gulf of Mexico,'' each place it appears in 
subsections (a)(1), (b), and (e)(1).
    (l) Conflicts of Interest.--Section 29 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1355) is amended to read as follows:

``SEC. 29. CONFLICTS OF INTEREST.

    ``(a) Restrictions on Employment.--No full-time officer or employee 
of the Department of the Interior who directly or indirectly discharges 
duties or responsibilities under this Act shall--
            ``(1) within 2 years after his employment with the 
        Department has ceased--
                    ``(A) knowingly act as agent or attorney for, or 
                otherwise represent, any other person (except the 
                United States) in any formal or informal appearance 
                before;
                    ``(B) with the intent to influence, make any oral 
                or written communication on behalf of any other person 
                (except the United States) to; or
                    ``(C) knowingly aid, advise, or assist in--
                            ``(i) representing any other person (except 
                        the United States in any formal or informal 
                        appearance before; or
                            ``(ii) making, with the intent to 
                        influence, any oral or written communication on 
                        behalf of any other person (except the United 
                        States) to,
        any department, agency, or court of the United States, or any 
        officer or employee thereof, in connection with any judicial or 
        other proceeding, application, request for a ruling or other 
        determination, regulation, order lease, permit, rulemaking, 
        inspection, enforcement action, or other particular matter 
        involving a specific party or parties in which the United 
        States is a party or has a direct and substantial interest 
        which was actually pending under his official responsibility as 
        an officer or employee within a period of one year prior to the 
        termination of such responsibility or in which he participated 
        personally and substantially as an officer or employee;
            ``(2) within 1 year after his employment with the 
        Department has ceased--
                    ``(A) knowingly act as agent or attorney for, or 
                otherwise represent, any other person (except the 
                United States) in any formal or informal appearance 
                before;
                    ``(B) with the intent to influence, make any oral 
                or written communication on behalf of any other person 
                (except the United States) to; or
                    ``(C) knowingly aid , advise, or assist in --
                            ``(i) representing any other person (except 
                        the United States in any formal or informal 
                        appearance before, or
                            ``(ii) making, with the intent to 
                        influence, any oral or written communication on 
                        behalf of any other person (except the United 
                        States) to,
        the Department of the Interior, or any officer or employee 
        thereof, in connection with any judicial, rulemaking, 
        regulation, order, lease, permit, regulation, inspection, 
        enforcement action, or other particular matter which is pending 
        before the Department of the Interior or in which the 
        Department has a direct and substantial interest; or
            ``(3) accept employment or compensation, during the 1-year 
        period beginning on the date on which employment with the 
        Department has ceased, from any person (other than the United 
        States) that has a direct and substantial interest--
                    ``(A) that was pending under the official 
                responsibility of the employee as an officer or 
                employee of the Department during the 1-year period 
                preceding the termination of the responsibility; or
                    ``(B) in which the employee participated personally 
                and substantially as an officer or employee.
    ``(b) Prior Employment Relationships.--No full-time officer or 
employee of the Department of the Interior who directly or indirectly 
discharges duties or responsibilities under this Act shall participate 
personally and substantially as a Federal officer or employee, through 
decision, approval, disapproval, recommendation, the rendering of 
advice, investigation, or otherwise, in a proceeding, application, 
request for a ruling or other determination, contract, claim, 
controversy, charge, accusation, inspection, enforcement action, or 
other particular matter in which, to the knowledge of the officer or 
employee--
            ``(1) the officer or employee or the spouse, minor child, 
        or general partner of the officer or employee has a financial 
        interest;
            ``(2) any organization in which the officer or employee is 
        serving as an officer, director, trustee, general partner, or 
        employee has a financial interest;
            ``(3) any person or organization with whom the officer or 
        employee is negotiating or has any arrangement concerning 
        prospective employment has a financial interest; or
            ``(4) any person or organization in which the officer or 
        employee has, within the preceding 1-year period, served as an 
        officer, director, trustee, general partner, agent, attorney, 
        consultant, contractor, or employee has a financial interest.
    ``(c) Gifts From Outside Sources.--No full-time officer or employee 
of the Department of the Interior who directly or indirectly discharges 
duties or responsibilities under this Act shall, directly or 
indirectly, solicit or accept any gift in violation of subpart B of 
part 2635 of title V, Code of Federal Regulations (or successor 
regulations).
    ``(d) Exemptions.--The Secretary may, by rule, exempt from this 
section clerical and support personnel who do not conduct inspections, 
perform audits, or otherwise exercise regulatory or policy making 
authority under this Act.
    ``(e) Penalties.--
            ``(1) Criminal penalties.--Any person who violates 
        paragraph (1) or (2) of subsection (a) or subsection (b) shall 
        be punished in accordance with section 216 of title 18, United 
        States Code.
            ``(2) Civil penalties.--Any person who violates subsection 
        (a)(3) or (c) shall be punished in accordance with subsection 
        (b) of section 216 of title 18, United States Code.''.

SEC. 307. STUDY ON THE EFFECT OF THE MORATORIA ON NEW DEEPWATER 
              DRILLING IN THE GULF OF MEXICO ON EMPLOYMENT AND SMALL 
              BUSINESSES.

    (a) In General.--The Department of Energy, acting through the 
Energy Information Administration, shall publish a monthly study 
evaluating the effect of the moratoria resulting from the blowout and 
explosion of the mobile offshore drilling unit Deepwater Horizon that 
occurred on April 20, 2010, and resulting hydrocarbon releases into the 
environment, on employment and small businesses.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act and at the beginning of each month thereafter during the 
effective period of the moratoria described in subsection (a), the 
Secretary of Energy, acting through the Energy Information 
Administration, shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report regarding the results of the study 
conducted under subsection (a), including--
            (1) a survey of the effect of the moratoria on deepwater 
        drilling on employment in the industries directly involved in 
        oil and natural gas exploration in the outer Continental Shelf;
            (2) a survey of the effect of the moratoria on employment 
        in the industries indirectly involved in oil and natural gas 
        exploration in the outer Continental Shelf, including suppliers 
        of supplies or services and customers of industries directly 
        involved in oil and natural gas exploration;
            (3) an estimate of the effect of the moratoria on the 
        revenues of small business located near the Gulf of Mexico and, 
        to the maximum extent practicable, throughout the United 
        States; and
            (4) any recommendations to mitigate possible negative 
        effects on small business concerns resulting from the 
        moratoria.

SEC. 308. REFORM OF OTHER LAW.

    Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 
note; Public Law 109-58) is amended by adding at the end the following:
            ``(4) Federal agencies.--Any head of a Federal department 
        or agency shall, on request of the Secretary, provide to the 
        Secretary all data and information that the Secretary 
        determines to be necessary for the purpose of including the 
        data and information in the mapping initiative, except that no 
        Federal department or agency shall be required to provide any 
        data or information that is privileged or proprietary.''.

SEC. 309. SAFER OIL AND GAS PRODUCTION.

    (a) Program Authority.--Section 999A of the Energy Policy Act of 
2005 (42 U.S.C. 16371) is amended--
            (1) in subsection (a)--
                    (A) by striking ``ultra-deepwater'' and inserting 
                ``deepwater''; and
                    (B) by inserting ``well control and accident 
                prevention,'' after ``safe operations,'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Deepwater architecture, well control and accident 
        prevention, and deepwater technology, including drilling to 
        deep formations in waters greater than 500 feet.''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) Safety technology research and development for 
        drilling activities aimed at well control and accident 
        prevention performed by the Office of Fossil Energy of the 
        Department.''; and
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``National Energy Technology Laboratory'' and inserting 
                ``Office of Fossil Energy of the Department''; and
                    (B) by striking ``National Energy Technology 
                Laboratory'' and inserting ``Office of Fossil Energy of 
                the Department''.
    (b) Deepwater and Unconventional Onshore Natural Gas and Other 
Petroleum Research and Development Program.--Section 999B of the Energy 
Policy Act of 2005 (42 U.S.C. 16372) is amended--
            (1) in the section heading, by striking ``ultra-deepwater 
        and unconventional onshore natural gas and other petroleum'' 
        and inserting ``safe oil and gas production and accident 
        prevention'';
            (2) in subsection (a), by striking ``, by increasing'' and 
        all that follows through the period at the end and inserting 
        ``and the safe and environmentally responsible exploration, 
        development, and production of hydrocarbon resources.'';
            (3) in subsection (c)(1)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) projects will be selected on a competitive, 
                peer-reviewed basis.''; and
            (4) in subsection (d)--
                    (A) in paragraph (6), by striking ``ultra-
                deepwater'' and inserting ``deepwater'';
                    (B) in paragraph (7)--
                            (i) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                striking ``Ultra-deepwater'' and 
                                inserting ``Deepwater'';
                                    (II) by striking ``development 
                                and'' and inserting ``research, 
                                development, and''; and
                                    (III) by striking ``as well as'' 
                                and all that follows through the period 
                                at the end and inserting ``aimed at 
                                improving operational safety of 
                                drilling activities, including well 
                                integrity systems, well control, 
                                blowout prevention, the use of non-
                                toxic materials, and integrated systems 
                                approach-based management for 
                                exploration and production in 
                                deepwater.'';
                            (ii) in subparagraph (B), by striking ``and 
                        environmental mitigation'' and inserting ``use 
                        of non-toxic materials, drilling safety, and 
                        environmental mitigation and accident 
                        prevention'';
                            (iii) in subparagraph (C), by inserting 
                        ``safety and accident prevention, well control 
                        and systems integrity,'' after ``including''; 
                        and
                            (iv) by adding at the end the following:
                    ``(D) Safety and accident prevention technology 
                research and development.--Awards from allocations 
                under section 999H(d)(4) shall be expended on areas 
                including--
                            ``(i) development of improved cementing and 
                        casing technologies;
                            ``(ii) best management practices for 
                        cementing, casing, and other well control 
                        activities and technologies;
                            ``(iii) development of integrity and 
                        stewardship guidelines for--
                                    ``(I) well-plugging and 
                                abandonment;
                                    ``(II) development of wellbore 
                                sealant technologies; and
                                    ``(III) improvement and 
                                standardization of blowout prevention 
                                devices.''; and
                    (C) by adding at the end the following:
            ``(8) Study; report.--
                    ``(A) Study.--As soon as practicable after the date 
                of enactment of this paragraph, the Secretary shall 
                enter into an arrangement with the National Academy of 
                Sciences under which the Academy shall conduct a study 
                to determine--
                            ``(i) whether the benefits provided through 
                        each award under this subsection during 
                        calendar year 2011 have been maximized; and
                            ``(ii) the new areas of research that could 
                        be carried out to meet the overall objectives 
                        of the program.
                    ``(B) Report.--Not later than January 1, 2012, the 
                Secretary shall submit to the appropriate committees of 
                Congress a report that contains a description of the 
                results of the study conducted under subparagraph (A).
                    ``(C) Optional updates.--The Secretary may update 
                the report described in subparagraph (B) for the 5-year 
                period beginning on the date described in that 
                subparagraph and each 5-year period thereafter.'';
            (5) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) in the second sentence of subparagraph 
                        (A), by inserting ``to the Secretary for 
                        review'' after ``submit''; and
                            (ii) in the first sentence of subparagraph 
                        (B), by striking ``Ultra-Deepwater'' and all 
                        that follows through ``and such Advisory 
                        Committees'' and inserting ``Program Advisory 
                        Committee established under section 999D(a), 
                        and the Advisory Committee''; and
                    (B) by adding at the end the following:
            ``(6) Research findings and recommendations for 
        implementation.--The Secretary, in consultation with the 
        Secretary of the Interior and the Administrator of the 
        Environmental Protection Agency, shall publish in the Federal 
        Register an annual report on the research findings of the 
        program carried out under this section and any recommendations 
        for implementation that the Secretary, in consultation with the 
        Secretary of the Interior and the Administrator of the 
        Environmental Protection Agency, determines to be necessary.'';
            (6) in subsection (i)--
                    (A) in the subsection heading, by striking ``United 
                States Geological Survey'' and inserting ``Department 
                of the Interior''; and
                    (B) by striking ``, through the United States 
                Geological Survey,''; and
            (7) in the first sentence of subsection (j), by striking 
        ``National Energy Technology Laboratory'' and inserting 
        ``Office of Fossil Energy of the Department''.
    (c) Additional Requirements for Awards.--Section 999C(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16373(b)) is amended by striking 
``an ultra-deepwater technology or an ultra-deepwater architecture'' 
and inserting ``a deepwater technology''.
    (d) Program Advisory Committee.--Section 999D of the Energy Policy 
Act of 2005 (42 U.S.C. 16374) is amended to read as follows:

``SEC. 999D. PROGRAM ADVISORY COMMITTEE.

    ``(a) Establishment.--Not later than 270 days after the date of 
enactment of the Outer Continental Shelf Reform Act of 2010, the 
Secretary shall establish an advisory committee to be known as the 
`Program Advisory Committee' (referred to in this section as the 
`Advisory Committee').
    ``(b) Membership.--
            ``(1) In general.--The Advisory Committee shall be composed 
        of members appointed by the Secretary, including--
                    ``(A) individuals with extensive research 
                experience or operational knowledge of hydrocarbon 
                exploration and production;
                    ``(B) individuals broadly representative of the 
                affected interests in hydrocarbon production, including 
                interests in environmental protection and safety 
                operations;
                    ``(C) representatives of Federal agencies, 
                including the Environmental Protection Agency and the 
                Department of the Interior;
                    ``(D) State regulatory agency representatives; and
                    ``(E) other individuals, as determined by the 
                Secretary.
            ``(2) Limitations.--
                    ``(A) In general.--The Advisory Committee shall not 
                include individuals who are board members, officers, or 
                employees of the program consortium.
                    ``(B) Categorical representation.--In appointing 
                members of the Advisory Committee, the Secretary shall 
                ensure that no class of individuals described in any of 
                subparagraphs (A), (B), (D), or (E) of paragraph (1) 
                comprises more than \1/3\ of the membership of the 
                Advisory Committee.
    ``(c) Subcommittees.--The Advisory Committee may establish 
subcommittees for separate research programs carried out under this 
subtitle.
    ``(d) Duties.--The Advisory Committee shall--
            ``(1) advise the Secretary on the development and 
        implementation of programs under this subtitle; and
            ``(2) carry out section 999B(e)(2)(B).
    ``(e) Compensation.--A member of the Advisory Committee shall serve 
without compensation but shall be entitled to receive travel expenses 
in accordance with subchapter I of chapter 57 of title 5, United States 
Code.
    ``(f) Prohibition.--The Advisory Committee shall not make 
recommendations on funding awards to particular consortia or other 
entities, or for specific projects.''.
    (e) Definitions.--Section 999G of the Energy Policy Act of 2005 (42 
U.S.C. 16377) is amended--
            (1) in paragraph (1), by striking ``200 but less than 1,500 
        meters'' and inserting ``500 feet'';
            (2) by striking paragraphs (8), (9), and (10);
            (3) by redesignating paragraphs (2) through (7) and (11) as 
        paragraphs (4) through (9) and (10), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Deepwater architecture.--The term `deepwater 
        architecture' means the integration of technologies for the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at deepwater depths.
            ``(3) Deepwater technology.--The term `deepwater 
        technology' means a discrete technology that is specially 
        suited to address 1 or more challenges associated with the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at deepwater depths.''; and
            (5) in paragraph (10) (as redesignated by paragraph (3)), 
        by striking ``in an economically inaccessible geological 
        formation, including resources of small producers''.
    (f) Funding.--Section 999H of the Energy Policy Act of 2005 (42 
U.S.C. 16378) is amended--
            (1) in the first sentence of subsection (a) by striking 
        ``Ultra-Deepwater and Unconventional Natural Gas and Other 
        Petroleum Research Fund'' and inserting ``Safe and Responsible 
        Energy Production Research Fund'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``35 percent'' 
                and inserting ``21.5 percent'';
                    (B) in paragraph (2), by striking ``32.5 percent'' 
                and inserting ``21 percent'';
                    (C) in paragraph (4)--
                            (i) by striking ``25 percent'' and 
                        inserting ``30 percent'';
                            (ii) by striking ``complementary research'' 
                        and inserting ``safety technology research and 
                        development''; and
                            (iii) by striking ``contract management,'' 
                        and all that follows through the period at the 
                        end and inserting ``and contract management.''; 
                        and
                    (D) by adding at the end the following:
            ``(5) 20 percent shall be used for research activities 
        required under sections 20 and 21 of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1346, 1347).''.
            (3) in subsection (f), by striking ``Ultra-Deepwater and 
        Unconventional Natural Gas and Other Petroleum Research Fund'' 
        and inserting ``Safer Oil and Gas Production and Accident 
        Prevention Research Fund''.
    (g) Conforming Amendment.--Subtitle J of title IX of the Energy 
Policy Act of 2005 (42 U.S.C. 16371 et seq.) is amended in the subtitle 
heading by striking ``Ultra-Deepwater and Unconventional Natural Gas 
and Other Petroleum Resources'' and inserting ``Safer Oil and Gas 
Production and Accident Prevention''.

SEC. 310. NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
              PREVENTION.

    (a) Establishment.--There is established in the Legislative branch 
the National Commission on Outer Continental Shelf Oil Spill Prevention 
(referred to in this section as the ``Commission'').
    (b) Purposes.--The purposes of the Commission are--
            (1) to examine and report on the facts and causes relating 
        to the Deepwater Horizon explosion and oil spill of 2010;
            (2) to ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the incident;
            (3) to build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Committees on Energy and Natural Resources 
                and Commerce, Science, and Transportation of the 
                Senate;
                    (B) the Committee on Natural Resources and the 
                Subcommittee on Oversight and Investigations of the 
                House of Representatives; and
                    (C) other Executive branch, congressional, or 
                independent commission investigations into the 
                Deepwater Horizon incident of 2010, other fatal oil 
                platform accidents and major spills, and major oil 
                spills generally;
            (4) to make a full and complete accounting of the 
        circumstances surrounding the incident, and the extent of the 
        preparedness of the United States for, and immediate response 
        of the United States to, the incident; and
            (5) to investigate and report to the President and Congress 
        findings, conclusions, and recommendations for corrective 
        measures that may be taken to prevent similar incidents.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 1 member shall be appointed by the President, 
                who shall serve as Chairperson of the Commission;
                    (B) 1 member shall be appointed by the majority or 
                minority (as the case may be) leader of the Senate from 
                the Republican Party and the majority or minority (as 
                the case may be) leader of the House of Representatives 
                from the Republican Party, who shall serve as Vice 
                Chairperson of the Commission;
                    (C) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Democratic Party;
                    (D) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Republican Party;
                    (E) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Republican Party; and
                    (F) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Democratic Party.
            (2) Qualifications; initial meeting.--
                    (A) Political party affiliation.--Not more than 5 
                members of the Commission shall be from the same 
                political party.
                    (B) Nongovernmental appointees.--An individual 
                appointed to the Commission may not be a current 
                officer or employee of the Federal Government or any 
                State or local government.
                    (C) Other qualifications.--It is the sense of 
                Congress that individuals appointed to the Commission 
                should be prominent United States citizens, with 
                national recognition and significant depth of 
                experience and expertise in such areas as--
                            (i) engineering;
                            (ii) environmental compliance;
                            (iii) health and safety law (particularly 
                        oil spill legislation);
                            (iv) oil spill insurance policies;
                            (v) public administration;
                            (vi) oil and gas exploration and 
                        production;
                            (vii) environmental cleanup; and
                            (viii) fisheries and wildlife management.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed on or before September 
                15, 2010.
                    (E) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable after the date of enactment of this Act.
            (3) Quorum; vacancies.--
                    (A) In general.--After the initial meeting of the 
                Commission, the Commission shall meet upon the call of 
                the Chairperson or a majority of the members of the 
                Commission.
                    (B) Quorum.--6 members of the Commission shall 
                constitute a quorum.
                    (C) Vacancies.--Any vacancy in the Commission shall 
                not affect the powers of the Commission, but shall be 
                filled in the same manner in which the original 
                appointment was made.
    (d) Functions of Commission.--
            (1) In general.--The functions of the Commission are--
                    (A) to conduct an investigation that--
                            (i) investigates relevant facts and 
                        circumstances relating to the Deepwater Horizon 
                        incident of April 20, 2010, and the associated 
                        oil spill thereafter, including any relevant 
                        legislation, Executive order, regulation, plan, 
                        policy, practice, or procedure; and
                            (ii) may include relevant facts and 
                        circumstances relating to--
                                    (I) permitting agencies;
                                    (II) environmental and worker 
                                safety law enforcement agencies;
                                    (III) national energy requirements;
                                    (IV) deepwater and ultradeepwater 
                                oil and gas exploration and 
                                development;
                                    (V) regulatory specifications, 
                                testing, and requirements for offshore 
                                oil and gas well explosion prevention;
                                    (VI) regulatory specifications, 
                                testing, and requirements offshore oil 
                                and gas well casing and cementing 
                                regulation;
                                    (VII) the role of congressional 
                                oversight and resource allocation; and
                                    (VIII) other areas of the public 
                                and private sectors determined to be 
                                relevant to the Deepwater Horizon 
                                incident by the Commission;
                    (B) to identify, review, and evaluate the lessons 
                learned from the Deepwater Horizon incident of April 
                20, 2010, regarding the structure, coordination, 
                management policies, and procedures of the Federal 
                Government, and, if appropriate, State and local 
                governments and nongovernmental entities, and the 
                private sector, relative to detecting, preventing, and 
                responding to those incidents; and
                    (C) to submit to the President and Congress such 
                reports as are required under this section containing 
                such findings, conclusions, and recommendations as the 
                Commission determines to be appropriate, including 
                proposals for organization, coordination, planning, 
                management arrangements, procedures, rules, and 
                regulations.
            (2) Relationship to inquiry by congressional committees.--
        In investigating facts and circumstances relating to energy 
        policy, the Commission shall--
                    (A) first review the information compiled by, and 
                any findings, conclusions, and recommendations of, the 
                committees identified in subparagraphs (A) and (B) of 
                subsection (b)(3); and
                    (B) after completion of that review, pursue any 
                appropriate area of inquiry, if the Commission 
                determines that--
                            (i) those committees have not investigated 
                        that area;
                            (ii) the investigation of that area by 
                        those committees has not been completed; or
                            (iii) new information not reviewed by the 
                        committees has become available with respect to 
                        that area.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member of the 
        Commission, may, for the purpose of carrying out this section--
                    (A) hold such hearings, meet and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials;
as the Commission or such subcommittee or member considers to be 
advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this paragraph only--
                                    (I) by the agreement of the 
                                Chairperson and the Vice Chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), a 
                        subpoena issued under this paragraph--
                                    (I) shall bear the signature of the 
                                Chairperson or any member designated by 
                                a majority of the Commission;
                                    (II) and may be served by any 
                                person or class of persons designated 
                                by the Chairperson or by a member 
                                designated by a majority of the 
                                Commission for that purpose.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), the United States district 
                        court for the district in which the subpoenaed 
                        person resides, is served, or may be found, or 
                        where the subpoena is returnable, may issue an 
                        order requiring the person to appear at any 
                        designated place to testify or to produce 
                        documentary or other evidence.
                            (ii) Judicial action for noncompliance.--
                        Any failure to obey the order of the court may 
                        be punished by the court as a contempt of that 
                        court.
                            (iii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this subsection, the Commission 
                        may, by majority vote, certify a statement of 
                        fact constituting such failure to the 
                        appropriate United States attorney, who may 
                        bring the matter before the grand jury for 
                        action, under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes (2 U.S.C. 
                        192 through 194).
            (3) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge the duties of 
        the Commission under this section.
            (4) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Federal Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (B) Cooperation.--Each Federal department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the extent 
                authorized by law, furnish information, suggestions, 
                estimates, and statistics directly to the Commission, 
                upon request made by the Chairperson, the Chairperson 
                of any subcommittee created by a majority of the 
                Commission, or any member designated by a majority of 
                the Commission.
                    (C) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and the staff of the Commission in 
                accordance with all applicable laws (including 
                regulations and Executive orders).
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                functions of the Commission.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Commission such services, funds, 
                facilities, staff, and other support services as are 
                determined to be advisable and authorized by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property, including travel, 
        for the direct advancement of the functions of the Commission.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Public Meetings and Hearings.--
            (1) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings, to the 
                extent appropriate; and
                    (B) release public versions of the reports required 
                under paragraphs (1) and (2) of subsection (j).
            (2) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of proprietary or sensitive information provided to or 
        developed for or by the Commission as required by any 
        applicable law (including a regulation or Executive order).
    (g) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--
                            (i) In general.--The Chairperson, in 
                        consultation with the Vice Chairperson and in 
                        accordance with rules agreed upon by the 
                        Commission, may, without regard to the civil 
                        service laws (including regulations), appoint 
                        and fix the compensation of a staff director 
                        and such other personnel as are necessary to 
                        enable the Commission to carry out the 
                        functions of the Commission.
                            (ii) Maximum rate of pay.--No rate of pay 
                        fixed under this subparagraph may exceed the 
                        equivalent of that payable for a position at 
                        level V of the Executive Schedule under section 
                        5316 of title 5, United States Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The staff director and any 
                        personnel of the Commission who are employees 
                        shall be considered to be employees under 
                        section 2105 of title 5, United States Code, 
                        for purposes of chapters 63, 81, 83, 84, 85, 
                        87, 89, and 90 of that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not apply to members of the Commission.
            (2) Detailees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (3) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) Compensation and Travel Expenses.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
    (i) Security Clearances for Commission Members and Staff.--
            (1) In general.--Subject to paragraph (2), the appropriate 
        Federal agencies or departments shall cooperate with the 
        Commission in expeditiously providing to the members and staff 
        of the Commission appropriate security clearances, to the 
        maximum extent practicable, pursuant to existing procedures and 
        requirements.
            (2) Proprietary information.--No person shall be provided 
        with access to proprietary information under this section 
        without the appropriate security clearances.
    (j) Reports of Commission; Adjournment.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (2) Final report.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall submit to 
        the President and Congress a final report containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (3) Temporary adjournment.--
                    (A) In general.--The Commission, and all the 
                authority provided under this section, shall adjourn 
                and be suspended, respectively, on the date that is 60 
                days after the date on which the final report is 
                submitted under paragraph (2).
                    (B) Administrative activities before termination.--
                The Commission may use the 60-day period referred to in 
                subparagraph (A) for the purpose of concluding 
                activities of the Commission, including--
                            (i) providing testimony to committees of 
                        Congress concerning reports of the Commission; 
                        and
                            (ii) disseminating the final report 
                        submitted under paragraph (2).
                    (C) Reconvening of commission.--The Commission 
                shall stand adjourned until such time as the President 
                or the Secretary of Homeland Security declares an oil 
                spill of national significance to have occurred, at 
                which time--
                            (i) the Commission shall reconvene in 
                        accordance with subsection (c)(3); and
                            (ii) the authority of the Commission under 
                        this section shall be of full force and effect.
    (k) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section--
                    (A) $10,000,000 for the first fiscal year in which 
                the Commission convenes; and
                    (B) $3,000,000 for each fiscal year thereafter in 
                which the Commission convenes.
            (2) Availability.--Amounts made available to carry out this 
        section shall be available--
                    (A) for transfer to the Commission for use in 
                carrying out the functions and activities of the 
                Commission under this section; and
                    (B) until the date on which the Commission adjourns 
                for the fiscal year under subsection (j)(3).
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

SEC. 311. SAVINGS PROVISIONS.

    (a) Existing Law.--All regulations, rules, standards, 
determinations, contracts and agreements, memoranda of understanding, 
certifications, authorizations, appointments, delegations, results and 
findings of investigations, or any other actions issued, made, or taken 
by, or pursuant to or under, the authority of any law (including 
regulations) that resulted in the assignment of functions or activities 
to the Secretary, the Director of the Minerals Management Service 
(including by delegation from the Secretary), or the Department (as 
related to the implementation of the purposes referenced in this title) 
that were in effect on the date of enactment of this Act shall continue 
in full force and effect after the date of enactment of this Act unless 
previously scheduled to expire or until otherwise modified or rescinded 
by this title or any other Act.
    (b) Effect on Other Authorities.--This title does not amend or 
alter the provisions of other applicable laws, unless otherwise noted.

               TITLE IV--ENVIRONMENTAL CRIMES ENFORCEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Environmental Crimes Enforcement 
Act of 2010''.

SEC. 402. ENVIRONMENTAL CRIMES.

    (a) Sentencing Guidelines.--
            (1) Directive.--Pursuant to its authority under section 994 
        of title 28, United States Code, and in accordance with this 
        subsection, the United States Sentencing Commission shall 
        review and amend the Federal Sentencing Guidelines and policy 
        statements applicable to persons convicted of offenses under 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), in order to reflect the intent of Congress that 
        penalties for the offenses be increased in comparison to those 
        provided on the date of enactment of this Act under the 
        guidelines and policy statements, and appropriately account for 
        the actual harm to the public and the environment from the 
        offenses.
            (2) Requirements.--In amending the Federal Sentencing 
        Guidelines and policy statements under paragraph (1), the 
        United States Sentencing Commission shall--
                    (A) ensure that the guidelines and policy 
                statements, including section 2Q1.2 of the Federal 
                Sentencing Guidelines (and any successor thereto), 
                reflect--
                            (i) the serious nature of the offenses 
                        described in paragraph (1);
                            (ii) the need for an effective deterrent 
                        and appropriate punishment to prevent the 
                        offenses; and
                            (iii) the effectiveness of incarceration in 
                        furthering the objectives described in clauses 
                        (i) and (ii);
                    (B) consider the extent to which the guidelines 
                appropriately account for the actual harm to public and 
                the environment resulting from the offenses;
                    (C) ensure reasonable consistency with other 
                relevant directives and guidelines and Federal 
                statutes;
                    (D) make any necessary conforming changes to 
                guidelines; and
                    (E) ensure that the guidelines relating to offenses 
                under the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) adequately meet the purposes of 
                sentencing, as set forth in section 3553(a)(2) of title 
                18, United States Code.
    (b) Restitution.--Section 3663A(c)(1) of title 18, United States 
Code, is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by striking ``and'' at the end and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(iv) an offense under section 309(c) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1319(c)); and''.

            TITLE V--FAIRNESS IN ADMIRALTY AND MARITIME LAW

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Fairness in Admiralty and Maritime 
Law Act''.

SEC. 502. REPEAL OF LIMITATION OF SHIPOWNERS' LIABILITY ACT OF 1851.

    (a) In General.--Chapter 305 of title 46, United States Code, is 
amended as follows:
            (1) Subsection (a) of section 30505 is amended to read as 
        follows:
    ``(a) In General.--Except as provided in section 30506 of this 
title, the liability of the owner of a vessel for any claim, debt, or 
liability described in subsection (b) shall not exceed three times the 
value of the vessel and pending freight. If the vessel has more than 
one owner, the proportionate share of the liability of any one owner 
shall not exceed that owner's proportionate interest in the vessel and 
pending freight.''.
            (2) Subsection (c) of section 30505 is amended to read as 
        follows:
    ``(c) Claims Not Subject to Limitation.--Subsection (a) does not 
apply--
            ``(1) to a claim for wages; or
            ``(2) to a claim resulting from a discharge of oil from a 
        vessel or offshore facility, as those terms are defined in 
        section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
        2701).''.
            (3) Subsection (c) of section 30511 is amended to read as 
        follows:
    ``(c) Cessation of Other Actions.--At the time that an action is 
brought under this section and the owner has complied with subsection 
(b), all claims and proceedings against the owner related to the matter 
in question which are subject to limitation under section 30505 shall 
cease.''.

SEC. 503. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME LAW.

    (a) In General.--Chapter 301 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 30107. Punitive damages
    ``In a civil action for damages arising out of a maritime tort, 
punitive damages may be assessed without regard to the amount of 
compensatory damages assessed in the action.''.
    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 46, United States Code, is amended by adding at the end the 
following:

``30107. Punitive damages.''.

SEC. 504. AMENDMENTS TO THE DEATH ON THE HIGH SEAS ACT.

    (a) In General.--Chapter 303 of title 46, United States Code, is 
amended--
            (1) by inserting ``or law'' after ``admiralty'' in section 
        30302;
            (2) by inserting ``and nonpecuniary loss'' after 
        ``pecuniary loss'' in section 30303;
            (3) by striking ``sustained by'' and all that follows in 
        section 30303 and inserting ``sustained, plus a fair 
        compensation for the decedent's pain and suffering. In this 
        section, the term `nonpecuniary loss' means the loss of care, 
        comfort, and companionship.'';
            (4) by inserting ``or law'' after ``admiralty'' in section 
        30305; and
            (5) by inserting ``or law'' after ``admiralty'' in section 
        30306.
    (b) Aviation Accidents.--
            (1) In general.--Section 30307 of title 46, United States 
        Code, is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Definitions.--
            ``(1) Commercial aviation; general aviation.--The terms 
        `commercial aviation' and `general aviation' have the same 
        meaning as those terms, respectively, as used in subtitle VII 
        of title 49, United States Code.
            ``(2) Nonpecuniary damages.--The term `nonpecuniary 
        damages' means damages for loss of care, comfort, and 
        companionship.'';
                    (B) by inserting ``or general aviation'' after 
                ``commercial aviation'' in subsections (b) and (c); and
                    (C) by adding at the end thereof the following:
    ``(d) Procedure.--Notwithstanding sections 30302, 30305, and 30306, 
an action to which this section applies may be brought in admiralty and 
may not be brought in law.''.
            (2) Conforming amendments.--
                    (A) Section heading.--Section 30307 of title 46, 
                United States Code, is amended by striking the section 
                heading and inserting ``Aviation accidents''.
                    (B) Clerical amendment.--The table of contents for 
                chapter 303 of title 46, United States Code, is amended 
                by striking the item relating to section 30307 and 
                inserting the following:

``30307. Aviation accidents.''.
    (c) Application to Fishing Vessels.--
            (1) In general.--None of the amendments made by this 
        section shall apply with respect to a fishing vessel.
            (2) Fishing vessel defined.--In this subsection, the term 
        ``fishing vessel'' means--
                    (A) a vessel, boat, ship, or other watercraft that 
                is used for, equipped to be used for, or of a type 
                normally used for--
                            (i) charter fishing (as defined in section 
                        3(3) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1802(3)));
                            (ii) commercial fishing (as defined in 
                        section 3(4) of such Act (16 U.S.C. 1802(4))); 
                        or
                            (iii) aiding or assisting one or more 
                        vessels at sea in the performance of any 
                        activity relating to commercial fishing (as so 
                        defined), including preparation, supply, 
                        storage, refrigeration, transportation, or 
                        processing; but
                    (B) does not include a passenger vessel (as defined 
                in section 2101(22) of title 46, United States Code).

SEC. 505. EFFECTIVE DATE.

    This title and the amendments made by this title shall apply to--
            (1) causes of action and claims arising after April 19, 
        2010; and
            (2) actions commenced before the date of enactment of this 
        Act that have not been finally adjudicated, including appellate 
        review, as of that date.

 TITLE VI--SECURING HEALTH FOR OCEAN RESOURCES AND ENVIRONMENT (SHORE)

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Securing Health for Ocean 
Resources and Environment Act'' or the ``SHORE Act''.

 Subtitle A--National Oceanic and Atmospheric Administration Oil Spill 
                 Response, Containment, and Prevention

SEC. 611. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION OIL SPILL RESPONSE, CONTAINMENT, AND 
              PREVENTION.

    (a) Review of Ability of National Oceanic and Atmospheric 
Administration to Respond to Oil Spills.--
            (1) Comprehensive review required.--Not later than 1 year 
        after the date of the enactment of this Act, the Under 
        Secretary for Oceans and Atmosphere shall conduct a 
        comprehensive review of the current capacity of the National 
        Oceanic and Atmospheric Administration to respond to oil 
        spills.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include the following:
                    (A) A comparison of oil spill modeling requirements 
                with the state-of-the-art oil spill modeling with 
                respect to near shore and offshore areas.
                    (B) Development of recommendations on priorities 
                for improving forecasting of oil spill, trajectories, 
                and impacts.
                    (C) An inventory of the products and tools of the 
                National Oceanic and Atmospheric Administration that 
                can aid in assessment of the potential risk and impacts 
                of oil spills. Such products and tools may include 
                environmental sensitivity index maps, the United States 
                Integrated Ocean Observing System, and regional 
                information coordinating entities established as part 
                of such System, and oil spill trajectory models.
                    (D) An identification of the baseline oceanographic 
                and climate data required to support state of the art 
                modeling.
                    (E) An assessment of the Administration's ability 
                to respond to the effects of an oil spill on its trust 
                resources, including--
                            (i) marine sanctuaries, monuments, and 
                        other protected areas;
                            (ii) marine mammals, sea turtles, and other 
                        protected species, and efforts to rehabilitate 
                        such species.
            (3) Report.--Upon completion of the review required by 
        paragraph (1), the Under Secretary shall submit to Congress a 
        report on such review, including the findings of the Under 
        Secretary with respect to such review.
    (b) Oil Spill Trajectory Modeling.--
            (1) In general.--The Under Secretary for Oceans and 
        Atmosphere and the Secretary of the Interior shall be 
        responsible for developing and maintaining oil spill trajectory 
        modeling capabilities to aid oil spill response and natural 
        resource damage assessment, including taking such actions as 
        may be required by subsections (c) through (g).
            (2) Real-time trajectory modeling.--The Under Secretary 
        shall have primary responsibility for real-time trajectory 
        modeling.
            (3) Long-term trajectory modeling.--The Secretary of the 
        Interior shall have primary responsibility for long-term 
        trajectory modeling.
            (4) Coordination with national laboratories.--In carrying 
        out this subsection, the Under Secretary and the Secretary of 
        the Interior shall coordinate with National Laboratories with 
        established oil spill modeling expertise.
    (c) Environmental Sensitivity Index.--
            (1) Update.--Beginning not later than 180 days after the 
        date of the enactment of this Act and not less frequently than 
        once every 7 years thereafter, the Under Secretary shall update 
        the environmental sensitivity index products of the National 
        Oceanic and Atmospheric Administration for each coastal area of 
        the United States and for each offshore area of the United 
        States that is leased or under consideration for leasing for 
        offshore energy production.
            (2) Expanded coverage.--Not later than 270 days after the 
        date of the enactment of this Act, the Under Secretary shall, 
        to the maximum extent practicable, create an environmental 
        sensitivity index product for each area described in paragraph 
        (1) for which the National Oceanic and Atmospheric 
        Administration did not have an environmental sensitivity index 
        product on the day before the date of the enactment of this 
        Act.
            (3) Environmental sensitivity index product defined.--In 
        this subsection, the term ``environmental sensitivity index 
        product'' means a map or similar tool that is utilized to 
        identify sensitive shoreline, coastal or offshore, resources 
        prior to an oil spill event in order to set baseline priorities 
        for protection and plan cleanup strategies, typically including 
        information relating to shoreline type, biological resources, 
        and human use resources.
            (4) Relationship to other laws.--Nothing in this subsection 
        shall be construed to alter or limit the authority or 
        responsibility of the Secretary of the Interior provided by 
        this or any other Act.
    (d) Subsea Hydrocarbon Review and Program.--
            (1) Review required.--Not later than 180 days after the 
        date of the enactment of this Act, the Under Secretary shall, 
        in consultation with the Administrator of the Environmental 
        Protection Agency and the Secretary of the Interior, conduct a 
        comprehensive review of the current state of the National 
        Oceanic and Atmospheric Administration to observe, monitor, 
        map, and track subsea hydrocarbons, including a review of the 
        effect of subsea hydrocarbons and dispersants at varying 
        concentrations on living marine resources.
            (2) Elements of review.--The review conducted under 
        paragraph (1) shall include the following:
                    (A) A review of protocol for the application of 
                dispersants that contemplates the variables of 
                temperature, pressure, and depth of the site of release 
                of hydrocarbons.
                    (B) A review of technological capabilities to 
                detect the presence of subsea hydrocarbons at various 
                concentrations and at various depths within a water 
                column resulting from releases of oil and natural gas 
                after a spill.
                    (C) A review of technological capabilities for 
                expeditiously identifying the source 
                (``fingerprinting'') of subsea hydrocarbons.
                    (D) A review of coastal and ocean current modeling 
                as it relates to predicting the trajectory of oil and 
                natural gas.
                    (E) A review of the effect of varying 
                concentrations of hydrocarbons on all levels of the 
                food web, including evaluations of seafood safety, 
                toxicity to individuals, negative impacts to 
                reproduction, bioaccumulation, growth, and such other 
                matters as the Under Secretary and the Administrator 
                think appropriate.
                    (F) Development of recommendations on priorities 
                for improving forecasting of movement of subsea 
                hydrocarbon.
                    (G) Development of recommendations for 
                implementation of a Subsea Hydrocarbon Monitoring and 
                Assessment program within the Office of Response and 
                Restoration.
            (3) Program required.--Not later than 1 year after the date 
        of the enactment of this Act, the Under Secretary shall, in 
        consultation with the Administrator of the Environmental 
        Protection Agency and the Secretary of Interior, establish a 
        hydrocarbon monitoring and assessment program that is based on 
        the recommendations developed under the comprehensive review 
        required by paragraph (1).
    (e) National Information Center on Oil Spills.--The Under Secretary 
shall, in cooperation with the Interagency Coordinating Committee on 
Oil Pollution Research, establish a national information center on oil 
spills that--
            (1) includes scientific information and research on oil 
        spill preparedness, response, and restoration;
            (2) serves as a single access point for emergency 
        responders for such scientific data;
            (3) provides outreach and utilizes communication mechanisms 
        to inform partners, the public, and local communities about the 
        availability of oil spill preparedness, prevention, response, 
        and restoration information and services and otherwise improves 
        public understanding and minimizes impacts of oil spills; and
            (4) applies the data interoperability standards developed 
        by the Integrated Coastal Ocean Observation System [to all for 
        free and open access to all relevant Federal and non-Federal 
        data using, to the extent practicable, the existing 
        infrastructure of the regional information coordinating 
        entities developed as part of the Integrated Coastal Ocean 
        Observing System as a portal for accessing non-federal data].
    (f) Initiative on Oil Spills From Aging and Abandoned Oil 
Infrastructure.--Not later than 270 days after the date of the 
enactment of this Act, the Under Secretary shall establish an 
initiative--
            (1) to determine the significance, response, frequency, 
        size, potential fate, and potential effects, including those on 
        sensitive habitats, of oil spills resulting from aging and 
        abandoned oil infrastructure; and
            (2) to formulate recommendations on how best to address 
        such spills.
    (g) Inventory of Offshore Abandoned or Sunken Vessels.--Not later 
than 270 days after the date of the enactment of this Act, the Under 
Secretary shall, in consultation with the Secretary of the Interior, 
develop an inventory of offshore abandoned or sunken vessels in the 
exclusive economic zone of the United States and identify priorities 
(based on amount of oil, feasibility of oil recovery, fate and effects 
of oil if released, and cost-benefit of preemptive action) for 
potential preemptive removal of oil or other actions that may be 
effective to mitigate the risk of oil spills from offshore abandoned or 
sunken vessels.
    (h) Quinquennial Report on Ecological Baselines, Important 
Ecological Areas, and Economic Risks.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, and not less frequently than once every 
        5 years thereafter, the Under Secretary shall submit to 
        Congress a report that, with respect to regions that are leased 
        or are under consideration for leasing for offshore energy 
        production--
                    (A) characterizes ecological baselines;
                    (B) identifies important ecological areas, critical 
                habitats, and migratory behaviors; and
                    (C) identifies potential risks posed by hydrocarbon 
                development to these resources.
            (2) Important ecological area defined.--In this subsection, 
        the term ``important ecological area'' means an area that 
        contributes significantly to marine ecosystem health.
            (3) Relationship to other laws.--Nothing in this subsection 
        shall be construed to alter or limit the authority and 
        responsibility of the Secretary of the Interior provided by 
        this or any other Act.

SEC. 612. USE OF OIL SPILL LIABILITY TRUST FUND FOR PREPAREDNESS, 
              RESPONSE, DAMAGE ASSESSMENT, AND RESTORATION.

    Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B)(i) not more than $5,000,000 in each fiscal 
                year shall be available to the Under Secretary for 
                Oceans and Atmosphere and the Assistant Secretary of 
                the Interior for Fish and Wildlife and Parks without 
                further appropriation for expenses incurred by, and 
                activities related to, preparedness, response, 
                restoration, and damage assessment capabilities of the 
                National Oceanic and Atmospheric Administration, the 
                United States Fish and Wildlife Service, and other 
                relevant agencies; and
                    ``(ii) in a fiscal year in which an oil spill of 
                national significance occurs, not more than $25 million 
                shall be available to Federal trustees designated by 
                the President pursuant to section 1006 (b)(2);''.

SEC. 613. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION 
              REVOLVING FUND IN INTEREST-BEARING OBLIGATIONS.

    The Secretary of the Treasury shall invest such a portion of the 
amounts in the Damage Assessment and Restoration Revolving Fund 
described in title I of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act of 1991 
(33 U.S.C. 2706 note) as is not required to meet current withdrawals, 
as determined by the Secretary, in interest-bearing obligations of the 
United States in accordance with section 9602 of the Internal Revenue 
Code of 1986.

SEC. 614. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended adding at the end the following new section:

``SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND 
              PLANNING.

    ``(a) Grants to States.--The Secretary may make grants to eligible 
coastal states--
            ``(1) to revise management programs approved under section 
        306 and National Estuarine Research Reserves approved under 
        section 315 to identify and implement new enforceable policies 
        and procedures to ensure sufficient response capabilities at 
        the State level to address the environmental, economic and 
        social impacts of oil spills or other accidents resulting from 
        Outer Continental Shelf energy activities with the potential to 
        affect and land or water use or natural resource of the coastal 
        zone;
            ``(2) to undertake regionally based coastal and marine 
        spatial planning that would assist in data collection, oil 
        spill preparedness activities, and energy facility siting; and
            ``(3) to review and revise where necessary applicable 
        enforceable policies within approved coastal State management 
        programs affecting coastal energy activities and energy to 
        ensure that these policies are consistent with--
                    ``(A) other emergency response plans and policies 
                developed under Federal or State law; and
                    ``(B) new policies and procedures developed under 
                paragraph (1).
    ``(b) Elements.--New enforceable policies and procedures developed 
by coastal states with grants awarded under this section shall be 
coordinated with Area Contingency Plans developed pursuant to section 
311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(4)) and shall consider, but not be limited to--
            ``(1) other existing emergency response plans, procedures 
        and enforceable policies developed under other Federal or State 
        law that affect the coastal zone;
            ``(2) identification of critical infrastructure essential 
        to facilitate spill or accident response activities;
            ``(3) identification of coordination, logistics and 
        communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;
            ``(4) inventories of shore locations and infrastructure and 
        equipment necessary to respond to oil spills or other accidents 
        resulting from Outer Continental Shelf energy activities;
            ``(5) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, or aesthetic 
        values;
            ``(6) inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development;
            ``(7) observing capabilities necessary to assess ocean 
        conditions before, during, and after an oil spill; and
            ``(8) other information or actions as may be necessary.
    ``(c) Guidelines.--The Secretary shall, within 180 days after the 
date of enactment of this section and after consultation with the 
Administrator of the Environmental Protection Agency, the Commandant of 
the Coast Guard, and the coastal states, publish guidelines for the 
application for and use of grants under this section.
    ``(d) Participation.--Coastal states shall provide opportunity for 
public participation in developing new enforceable policies and 
procedures under this section pursuant to subsections (d)(1) of (e) of 
section 306, especially by relevant Federal agencies, relevant Area 
Committees established pursuant to section 311(j)(4) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)(4)), other coastal state 
agencies, local governments, regional organizations, port authorities, 
and other interested parties and stakeholders, public and private, that 
are related to, or affected by Outer Continental Shelf energy 
activities.
    ``(e) Annual Grants.--
            ``(1) In general.--For each of fiscal years 2011 through 
        2015, the Secretary may make a grant to a coastal state to 
        develop new enforceable policies and procedures as required 
        under this section.
            ``(2) Grant amounts and limit on awards.--The amount of any 
        grant to any one coastal state under this section shall not 
        exceed $750,000 for any fiscal year.
            ``(3) No state matching contribution required.--A coastal 
        state shall not be required to contribute any portion of the 
        cost of a grant awarded under this section.
            ``(4) Secretarial review and limit on awards.--After an 
        initial grant is made to a coastal state under this section, no 
        subsequent grant may be made to that coastal state under this 
        section unless the Secretary finds that the coastal state is 
        satisfactorily developing revisions to address offshore energy 
        impacts. No coastal state is eligible to receive grants under 
        this section for more than 2 fiscal years.
    ``(f) Applicability.--The requirements of this section shall only 
apply if appropriations are provided to the Secretary to make grants 
under this section to enable States to develop new or revised 
enforceable policies and procedures. Further, this section shall not be 
construed to convey any new authority to any coastal state, or repeal 
or supersede any existing authority of any coastal state, to regulate 
the siting, licensing, leasing, or permitting of alternative energy 
facilities in areas of the Outer Continental Shelf under the 
administration of the Federal Government. Nothing in this section 
repeals or supersedes any existing coastal state authority.
    ``(g) Assistance by the Secretary.--The Secretary shall, as 
authorized under section 310(a) and to the extent practicable, make 
available to coastal states the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal states to prepare revisions to approved 
management programs to meet the requirements under this section.''.

SEC. 615. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL MONITORING AND 
              RESEARCH PROGRAM.

    (a) Environmental Monitoring and Research Program Required.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act and subject to the availability of 
        appropriations or other sources of funding, the Secretaries and 
        the Administrator shall jointly establish and carry out a long-
        term marine environmental monitoring and research program for 
        the marine and coastal environment of the Gulf of Mexico to 
        ensure that the Federal Government has independent, peer-
        reviewed scientific data and information to assess long-term 
        direct and indirect impacts on trust resources located in the 
        Gulf of Mexico and Southeast region resulting from the oil 
        spill caused by the mobile offshore drilling unit Deepwater 
        Horizon.
            (2) Period of program.--The Secretaries and the 
        Administrator shall carry out the program required by paragraph 
        (1) during the 10-year period beginning on the date of the 
        commencement of the program. The Secretaries and the 
        Administrator may extend such period upon a determination by 
        the Secretaries and the Administrator that additional 
        monitoring and research is warranted.
    (b) Scope of Program.--The program established under subsection (a) 
shall include the following:
            (1) Monitoring and research of the physical, chemical, and 
        biological characteristics of the affected marine, coastal, and 
        estuarine areas of the Gulf of Mexico and other regions of the 
        exclusive economic zone of the United States and adjacent 
        regions affected by the oil spill caused by the mobile offshore 
        drilling unit Deepwater Horizon.
            (2) The fate, transport, and persistence of oil released 
        during the spill and spatial distribution throughout the water 
        column, including in-situ burn residues.
            (3) The fate, transport, and persistence of chemical 
        dispersants applied in-situ or on surface waters.
            (4) Identification of lethal and sub-lethal impacts to 
        shellfish, fish, and wildlife resources that utilize habitats 
        located within the affected region.
            (5) Impacts to regional, State, and local economies that 
        depend on the natural resources of the affected area, including 
        commercial and recreational fisheries, tourism, and other 
        wildlife-dependent recreation.
            (6) The development of criteria for the protection of 
        marine aquatic life.
            (7) Other elements considered necessary by the Secretaries 
        and the Administrator to ensure a comprehensive marine research 
        and monitoring program to comprehend and understand the 
        implications to trust resources caused by the oil spill from 
        the mobile offshore drilling unit Deepwater Horizon.
    (c) Cooperation and Consultation.--In developing the research and 
monitoring program established under subsection (a), the Secretaries 
and the Administrator shall consult with--
            (1) the National Ocean Research Leadership Council 
        established under section 7902 of title 10, United States Code;
            (2) such representatives from the Gulf coast States and 
        affected countries as the Secretary considers appropriate;
            (3) academic institutions and other research organizations;
            (4) regional information coordination entities; and
            (5) such other experts with expertise in long-term 
        environmental monitoring and research of the marine environment 
        as the Secretary considers appropriate.
    (d) Availability of Data.--Upon review by and approval of the 
Attorney General regarding impacts on legal claims or litigation 
involving the United States, data and information generated through the 
program established under subsection (a) shall be managed and archived 
according to the standards developed under section 12304 of the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3603) to ensure that it is accessible and available to governmental and 
non-governmental personnel and to the general public for their use and 
information.
    (e) Report.--Not later than 1 year after the date of the 
commencement of the program under subsection (a) and biennially 
thereafter, the Secretaries and the Administrator shall jointly submit 
to Congress a comprehensive report--
            (1) summarizing the activities and findings of the program; 
        and
            (2) detailing areas and issues requiring future monitoring 
        and research.
    (f) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Gulf coast state.--The term ``Gulf coast State'' means 
        each of the States of Texas, Louisiana, Mississippi, Alabama, 
        and Florida.
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Commerce, acting through the Under Secretary for 
        Oceans and Atmosphere, and the Secretary of the Interior.
            (4) Trust resources.--The term ``trust resources'' means 
        the living and non-living natural resources belonging to, 
        managed by, held in trust by, appertaining to, or otherwise 
        controlled by the United States, any State, an Indian Tribe, or 
        a local government.

SEC. 616. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.

    (a) In General.--The Secretary of Commerce shall, acting through 
the Under Secretary for Oceans and Atmosphere and in collaboration with 
the heads of other agencies or departments of the United States with 
appropriate Arctic science expertise, direct research and take action 
to improve the ability of the United States to conduct oil spill 
prevention, response, and recovery in Arctic waters.
    (b) Inclusions.--Research and action under this section shall 
include the prioritization of resources--
            (1) to address--
                    (A) ecological baselines and environmental 
                sensitivity indexes, including stock assessments of 
                marine mammals and other protected species in the 
                Arctic;
                    (B) identification of ecological important areas, 
                sensitive habitats, and migratory behaviors;
                    (C) the development of oil spill trajectory models 
                in Arctic marine conditions;
                    (D) the collection of observational data essential 
                for response strategies in the event of an oil spill 
                during both open water and ice-covered seasons, 
                including data relating to oil spill trajectory models 
                that include data on--
                            (i) currents;
                            (ii) winds;
                            (iii) weather;
                            (iv) waves; and
                            (v) ice forecasting;
                    (E) the development of a robust operational 
                monitoring program during the open water and ice-
                covered seasons;
                    (F) improvements in technologies and understanding 
                of cold water oil recovery planning and restoration 
                implementation; and
                    (G) the integration of local and traditional 
                knowledge into oil recovery research studies; and
            (2) to establish a robust geospatial framework for safe 
        navigation and oil spill response through increased--
                    (A) hydrographic and bathymetric surveying, 
                mapping, and navigational charting;
                    (B) geodetic positioning; and
                    (C) monitoring of tides, sea levels, and currents 
                in the Arctic.

   Subtitle B--Improving Coast Guard Response and Inspection Capacity

SEC. 621. SECRETARY DEFINED.

    In this subtitle, except as otherwise specifically provided, the 
term ``Secretary'' means the Secretary of the Secretary of the 
Department in which the Coast Guard is operating.

SEC. 622. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.

    (a) In General.--The Commandant of the Coast Guard shall assess and 
take action to reduce the risk and improve the capability of the United 
States to respond to a maritime disaster in the United States Beaufort 
and Chukchi Seas.
    (b) Matters to Be Addressed.--The assessment and actions referred 
to in subsection (a) shall include the prioritization of resources to 
address the following:
            (1) Oil spill prevention and response capabilities and 
        infrastructure.
            (2) The coordination of contingency plans and agreements 
        with other agencies and departments of the United States, 
        industry, and foreign governments to respond to an Arctic oil 
        spill.
            (3) The expansion of search and rescue capabilities, 
        infrastructure, and logistics, including improvements of the 
        Search and Rescue Optimal Planning System.
            (4) The provisional designation of places of refuge.
            (5) The evaluation and enhancement of navigational 
        infrastructure.
            (6) The evaluation and enhancement of vessel monitoring, 
        tracking, and automated identification systems and navigational 
        aids and communications infrastructure for safe navigation and 
        marine accident prevention in the Arctic.
            (7) Shipping traffic risk assessments for the Bering Strait 
        and the Chukchi and Beaufort Seas.
            (8) The integration of local and traditional knowledge and 
        concerns into prevention and response strategies.

SEC. 623. ADVANCE PLANNING AND PROMPT DECISION MAKING IN CLOSING AND 
              REOPENING FISHING GROUNDS.

    (a) Requirement That Area Contingency Plans Contain Area-specific 
Protocols and Standards.--
            (1) Cooperation with state and local officials.--Section 
        311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33 
        U.S.C. 1321(j)(4)(B)(ii)) is amended by striking the semicolon 
        after ``wildlife'' and inserting a comma and ``including 
        advance planning with respect to the closing and reopening of 
        fishing grounds following an oil spill;''.
            (2) Framework.--Section 311(j)(4)(C) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
                    (A) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively; and
                    (B) by inserting after clause (vi) the following:
                            ``(vii) develop a framework for advance 
                        planning and decision making with respect to 
                        the closing and reopening of fishing grounds 
                        following an oil spill, including protocols and 
                        standards for the closing and reopening of 
                        fishing areas;''.
    (b) National Guidance.--Section 311(j)(4)(D) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
            (1) in clause (i) by striking ``and'' at the end;
            (2) in clause (ii) by striking the period and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                            ``(iii) acting through the Commandant of 
                        the Coast Guard and in consultation with the 
                        Under Secretary for Oceans and Atmosphere and 
                        any other government entities deemed 
                        appropriate, issue guidance for Area Committees 
                        to use in developing a framework for advance 
                        planning and decision making with respect to 
                        the closing and reopening of fishing grounds 
                        following an oil spill, which guidance shall 
                        include model protocols and standards for the 
                        closing and reopening of fishing areas.''.
    (c) Relationship to Other Laws.--Nothing in this section shall be 
construed as changing or affecting in any way the authorities or 
responsibilities of the Under Secretary for Oceans and Atmosphere under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).

SEC. 624. OIL SPILL TECHNOLOGY EVALUATION.

    (a) In General.--The Secretary and the Secretary of the Interior 
(in this section referred to as the ``Secretaries'') and the 
Administrator of the Environmental Protection Agency (in this section 
referred to as the ``Administrator'') shall establish a program for the 
formal evaluation and validation of oil pollution containment and 
removal methods and technologies.
    (b) Approval.--The program required by subsection (a) shall 
establish a process for new methods and technologies to be submitted, 
evaluated, and gain validation for use in spill responses and inclusion 
in response plans. Following each validation, the Secretaries and the 
Administrator shall consider whether the method or technology meets a 
performance capability warranting designation of a new standard for 
best available technology or methods. Any such new standard shall be 
incorporated into each update of a response plan submitted pursuant to 
section 311(j)(5)(E)(vii) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)(5)), as amended by section 104(b)(3) of this Act.
    (c) Technology Clearinghouse.--All technologies and methods 
validated under this section shall be included in the comprehensive 
list of spill removal resources maintained by the Coast Guard through 
the National Response Unit.
    (d) Consultation.--The Secretaries and the Administrator shall 
consult with the Under Secretary for Oceans and Atmosphere and the 
Secretary of Transportation in carrying out this section

SEC. 625. COAST GUARD INSPECTIONS.

    (a) In General.--The Secretary shall increase the frequency and 
comprehensiveness of safety inspections of all United States and 
foreign-flag tank vessels that enter a United States port or place, 
including increasing the frequency and comprehensiveness of inspections 
of vessel age, hull configuration, and past violations of any 
applicable discharge and safety regulations under United States and 
international law that may indicate that the class societies inspecting 
such vessels may be substandard, and other factors relevant to the 
potential risk of an oil spill.
    (b) Enhanced Verification of Structural Condition.--The Secretary 
shall adopt, as part of the Secretary's inspection requirements for 
tank vessels, additional procedures for enhancing the verification of 
the reported structural condition of such vessels, taking into account 
the Condition Assessment Scheme adopted by the International Maritime 
Organization by Resolution 94(46) on April 27, 2001.

SEC. 626. CERTIFICATE OF INSPECTION REQUIREMENTS.

    (a) In General.--Chapter 33 of title 46, United States Code, is 
amended--
            (1) in section 3301, by adding at the end the following:
            ``(16) vessels and other structures, fixed or floating, 
        including those which dynamically hold position or are attached 
        to the seabed or subsoil, which are capable of exploring for, 
        drilling for, developing, or producing oil or gas.''; and
            (2) in section 3305(a)(1)--
                    (A) by amending subparagraph (E) to read as 
                follows:
            ``(E) is in a condition to be operated with safety to life 
        and property, including, for the entities described in 
        paragraph (16) of section 3301, those systems specified in 
        regulations required by paragraph (3);'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding the following:
            ``(G) for vessels and other structures described in 
        paragraph (16) of section 3301, complies with the highest 
        relevant classification, certification, rating, and inspection 
        standards for vessels or structures of the same age and type 
        imposed by--
                    ``(i) the American Bureau of Shipping; or
                    ``(ii) another classification society approved by 
                the Secretary and the Secretary of the Interior as 
                meeting acceptable standards for such a society, except 
                that the classification of vessels or structures under 
                this section by a foreign classification society may be 
                accepted by the Secretary and the Secretary of the 
                Interior only--
                            ``(I) to the extent that the government of 
                        the foreign country in which the society is 
                        headquartered accepts classification by the 
                        American Bureau of Shipping of vessels and 
                        structures used in the offshore exploration, 
                        development, and production of oil and gas in 
                        that country; and
                            ``(II) if the foreign classification 
                        society has offices and maintains records in 
                        the United States.''.
    (b) Regulations.--
            (1) Requirement for regulations.--Notwithstanding section 
        3306 of title 46, United States Code, in implementing section 
        3305 of such title, as amended by subsection (a), the Secretary 
        and the Secretary of the Interior shall jointly issue 
        regulations specifying which systems of the vessels or 
        structures described in paragraph (16) of section 3301 of such 
        title, as added by subsection (a)(1), shall be subject to such 
        requirements. At a minimum, such systems shall include--
                    (A) mobile offshore drilling units;
                    (B) fixed and floating drilling facilities; and
                    (C) risers and blowout preventers.
            (2) Exceptions.--The Secretary and the Secretary of the 
        Interior may waive the standards established by the regulations 
        required by paragraph (1) for a system of an existing vessel or 
        structure if--
                    (A) such system is of an age or type for which 
                meeting such requirements is impractical; and
                    (B) such system poses an acceptably low level of 
                risk to the environment and to human safety.
            (3) Relationship to other laws.--Nothing in this section 
        shall be construed to alter or limit the authority and 
        responsibility of the Secretary or the Secretary of the 
        Interior provided by this or any other Act. The regulations 
        required by paragraph (1) shall be supplemental to any other 
        regulation issued by the Secretary or the Secretary of the 
        Interior under any other provisions of law.

SEC. 627. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

    (a) Designation of At-risk Areas.--The Commandant of the Coast 
Guard, in consultation the Under Secretary for Oceans and Atmosphere, 
shall identify areas in waters subject to the jurisdiction of the 
United States in which routing or other navigational measures are 
warranted to reduce the risk of oil spills and potential damage to 
natural resources. In identifying such areas, the Commandant shall give 
priority consideration to natural resources of particular ecological 
importance or economic importance, including--
            (1) commercial fisheries;
            (2) aquaculture facilities;
            (3) marine sanctuaries designated by the Secretary of 
        Commerce pursuant to the National Marine Sanctuaries Act (16 
        U.S.C. 1431 et seq.);
            (4) estuaries of national significance designated under 
        section 320 of the Federal Water Pollution Control Act (33 
        U.S.C. 1330);
            (5) critical habitat, as defined in section 3(5) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532(5));
            (6) estuarine research reserves within the National 
        Estuarine Research Reserve System established by section 315 of 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); and
            (7) national parks and national seashores administered by 
        the National Park Service under the National Park Service 
        Organic Act (16 U.S.C. 1 et seq.).
    (b) Factors Considered.--In determining whether navigational 
measures are warranted for an area under subsection (a), the Commandant 
and the Under Secretary for Oceans and Atmosphere shall consider, at a 
minimum--
            (1) the frequency of transits of vessels which are required 
        to prepare a response plan under section 311(j) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321(j));
            (2) the type and quantity of oil transported as cargo or 
        fuel;
            (3) the expected benefits of routing measures in reducing 
        risks of spills;
            (4) the costs of such measures;
            (5) the safety implications of such measures; and
            (6) the nature and value of the resources to be protected 
        by such measures.
    (c) Establishment of Routing and Other Navigational Measures.--The 
Commandant shall establish such routing or other navigational measures 
for areas identified under subsection (a).
    (d) Establishment of Areas to Be Avoided.--To the extent that the 
Commandant and the Under Secretary for Oceans and Atmosphere identify 
areas in which navigational measures are warranted for an area under 
subsection (a), the Secretary and the Under Secretary shall seek to 
establish such areas through the International Maritime Organization or 
establish comparable areas pursuant to regulations and in a manner that 
is consistent with international law.
    (e) Oil Shipment Data and Report.--
            (1) Data collection.--The Commandant of the Coast Guard, in 
        consultation with the Chief of Engineers, shall analyze data on 
        oil transported as cargo on vessels in the navigable waters of 
        the United States, including information on--
                    (A) the quantity and type of oil being transported;
                    (B) the vessels used for such transportation;
                    (C) the frequency with which each type of oil is 
                being transported; and
                    (D) the point of origin, transit route, and 
                destination of each such shipment of oil.
            (2) Quarterly report.--
                    (A) Requirement for quarterly report.--The 
                Secretary shall, not less frequently than once each 
                calendar quarter, submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on the data collected and 
                analyzed under paragraph (1).
                    (B) Format.--Each report submitted under 
                subparagraph (A) shall be submitted in a format that 
                does not disclose information exempted from disclosure.

SEC. 628. NOTICE TO STATES OF BULK OIL TRANSFERS.

    (a) In General.--A State may, by law, require a person to provide 
notice of 24 hours or more to the State and to the Coast Guard prior to 
transferring oil in bulk as cargo in an amount equivalent to 250 
barrels or more to, from, or within a vessel in State waters.
    (b) Coast Guard Assistance.--The Commandant of the Coast Guard may 
assist a State in developing appropriate methodologies for joint 
Federal and State notification of an oil transfer described in 
subsection (a) to minimize any potential burden to vessels.

SEC. 629. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    (a) Establishment.--Not later than 270 days after the date of 
enactment of this Act, the President shall establish a Gulf of Mexico 
Regional Citizens' Advisory Council (hereinafter in this section 
referred to as the ``Council'').
    (b) Goal.--The goal of the Council shall be to foster more 
effective engagement by interested stakeholders and local communities 
in providing relevant Federal agencies and the energy industry with 
advice on energy, safety, health, maritime, national defense, and 
environmental aspects of offshore energy and minerals production in the 
Gulf of Mexico.
    (c) Participation.--In establishing the Council, the President 
shall provide for the appropriate participation by relevant 
stakeholders located in the coastal areas of the Gulf of Mexico, 
including--
            (1) the commercial fin, shellfish, and charter fishing 
        industries;
            (2) the tourism, hotel, and restaurant industries;
            (3) socially vulnerable communities, including both 
        indigenous and non-indigenous communities;
            (4) marine and coastal conservation entities;
            (5) incorporated and unincorporated municipalities; and
            (6) other appropriate entities.
    (d) Consideration.--In establishing the Council, the President 
shall take into account the experience of Federal government and 
industry in working with the Prince William Sound Regional Citizens' 
Advisory Council to promote the environmentally safe operation of the 
Alyeska Pipeline marine terminal in Valdez, Alaska, and the oil tankers 
that use it.
    (e) Report to Congress Prior to Establishment.--Not later than 180 
days after the date of enactment of this Act, the President shall 
submit to Congress a plan for the appointment and operation of the 
Council. The report shall include a description of--
            (1) the legal form proposed for the Council;
            (2) the duties proposed for the Council;
            (3) the manner in which the work of the Council would 
        relate to--
                    (A) the execution by relevant Federal agencies of 
                their respective statutory authorities; and
                    (B) the activities of the energy industry;
            (4) the manner in which the appointments would be made to 
        the Council to ensure balanced representation of all relevant 
        stakeholders with respect to the goal of the Council;
            (5) the manner in which advice and recommendations from the 
        Council would be treated by the relevant Federal agencies and 
        the energy industry;
            (6) provisions relating to conflict of interest and 
        protection of sensitive or confidential information that may be 
        shared with the Council; and
            (7) the manner in which the activities of the Council would 
        be financially supported.
    (f) Annual Reports.--The President shall require that an annual 
report be submitted to Congress on the activities of the Council.

SEC. 630. VESSEL LIABILITY.

    (a) In General.--Section 1004(a) of the Oil Pollution Act of 1990 
(33 U.S.C. 2704(a)) is amended by striking paragraph (1) and inserting 
the following:
            ``(1) for a vessel that is--
                    ``(A) a tank ship that is a single-hull vessel, 
                including a single hull vessel fitted with double sides 
                only or a double bottom only, $3,300 per gross ton or 
                $93,600,000, whichever is greater;
                    ``(B) a tank ship that is a double-hull vessel, 
                $1,900 per gross ton or $16,000,000, whichever is 
                greater;
                    ``(C) a tank barge that is a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $7,000 per gross ton or 
                $29,100,000, whichever is greater; or
                    ``(D) a tank barge that is a double-hull vessel, 
                $7,000 per gross ton or $10,000,000, whichever is 
                greater;''.
    (b) Definitions.--Section 1001(34) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(34)) is amended--
            (1) by redesignating subparagraphs (A),(B), and (C) as 
        clauses (i), (ii), and (iii), respectively;
            (2) by striking ```tank vessel' means'' and inserting ``(A) 
        `tank vessel' means''; and
            (3) by inserting at the end the following:
            ``(B) `tank barge' means a non-self-propelled tank vessel; 
        and
            ``(C) `tank ship' means a self-propelled tank vessel;''.

SEC. 631. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE CASUALTIES.

    Section 6101 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(j) Notice to States and Tribal Governments.--
            ``(1) Requirement to notify.--Not later than 1 hour after 
        receiving a report of a marine casualty under this section, the 
        Secretary shall forward the report to each appropriate State 
        agency and tribal government of an Indian tribe (as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b)) that has jurisdiction 
        concurrent with the United States or adjacent to waters in 
        which the marine casualty occurred.
            ``(2) Appropriate state agency.--Each State shall identify 
        for the Secretary the appropriate State agency to receive a 
        report under paragraph (1). Such agency shall be responsible 
        for forwarding appropriate information related to such report 
        to local and tribal governments within the State.''.

SEC. 632. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

    (a) In General.--In any response to an oil spill in which the 
Commandant of the Coast Guard serves as the Federal On-Scene 
Coordinator leading a Unified Command, the Commandant, on a publicly 
accessible website, shall publish all written Incident Action Plans 
prepared and approved as a part of the response to such oil spill.
    (b) Timeliness and Duration.--The Commandant shall--
            (1) publish each Incident Action Plan pursuant to 
        subsection (a) promptly after such Plan is approved for 
        implementation by the Unified Command, and in no event later 
        than 12 hours into the operational period for which such Plan 
        is prepared; and
            (2) ensure that such plan remains remain publicly 
        accessible by website for the duration of the response to oil 
        spill.
    (c) Redaction of Personal Information.--The Commandant may redact 
information from an Incident Action Plans published pursuant to 
subsection (a) to the extent necessary to comply with applicable 
privacy laws and other requirements regarding personal information.

SEC. 633. LEAVE RETENTION AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
    ``(a) In General.--A duty assignment for an active duty member of 
the Coast Guard in support of a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to 
a spill of national significance shall be treated, for the purpose of 
section 701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
    ``(b) Definitions.--In this section:
            ``(1) Discharge.--The term `discharge' has the meaning 
        given that term in section 1001(7) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701(7)).
            ``(2) Spill of national significance.--The term `spill of 
        national significance' means a discharge of oil or a hazardous 
        substance that is declared by the Commandant to be a spill of 
        national significance.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 425 the following:

``426. Emergency leave retention authority.''.

               TITLE VII--CATASTROPHIC INCIDENT PLANNING

SEC. 701. CATASTROPHIC INCIDENT PLANNING.

    (a) Catastrophic Incident Planning Initiative.--Chapter 1 of 
subtitle C of the Post-Katrina Emergency Management Reform Act of 2006 
(6 U.S.C. 741 et seq.) is amended by adding at the end the following:

``SEC. 655. CATASTROPHIC INCIDENT PLANNING.

    ``(a) Definitions.--In this section--
            ``(1) the term `catastrophic incident plan' means a plan to 
        prevent, prepare for, protect against, respond to, and recover 
        from catastrophic incidents;
            ``(2) the term `critical infrastructure' has the meaning 
        given that term in section 1016(e) of the USA PATRIOT Act (42 
        U.S.C. 5195c(e)); and
            ``(3) the term `National Response Framework' means the 
        successor document to the National Response Plan issued in 
        January 2008, or any other successor plan prepared under 
        section 504(a)(6) of the Homeland Security Act of 2002 (6 
        U.S.C. 314(a)(6)).
    ``(b) Coordinated Planning.--
            ``(1) In general.--The President shall ensure that there is 
        a coordinated system of catastrophic incident plans throughout 
        the Federal Government.
            ``(2) Implementation.--In carrying out paragraph (1), the 
        President shall--
                    ``(A) identify risks of catastrophic incidents, 
                including across all critical infrastructure sectors;
                    ``(B) prioritize risks of catastrophic incidents to 
                determine for which risks the development of 
                catastrophic incident plans is most necessary or likely 
                to be most beneficial;
                    ``(C) ensure that Federal agencies coordinate to 
                develop comprehensive and effective catastrophic 
                incident plans to address prioritized catastrophic 
                risks; and
                    ``(D) review catastrophic incident plans developed 
                by Federal agencies to ensure the effectiveness of the 
                plans, including assessing whether--
                            ``(i) the assumptions underlying the 
                        catastrophic incident plans are realistic;
                            ``(ii) the resources identified to 
                        implement the catastrophic incident plans are 
                        adequate, including that the catastrophic 
                        incident plans address the need for surge 
                        capacity;
                            ``(iii) exercises designed to evaluate the 
                        catastrophic incident plans are adequate;
                            ``(iv) the catastrophic incident plans 
                        incorporate lessons learned from other 
                        catastrophic incidents, include those in other 
                        countries, where appropriate;
                            ``(v) the catastrophic incident plans 
                        appropriately account for new events and 
                        situations;
                            ``(vi) the catastrophic incident plans 
                        adequately address the need for situational 
                        awareness and information sharing;
                            ``(vii) the number, skills, and training of 
                        the available workforce is sufficient to 
                        implement the catastrophic incident plans;
                            ``(viii) the catastrophic incident plans 
                        reflect coordination with governmental and 
                        nongovernmental entities that would play a 
                        significant role in the response to the 
                        catastrophic incident; and
                            ``(ix) the catastrophic incident plans set 
                        forth a clear command structure and allocation 
                        of responsibilities consistent with the 
                        National Response Framework and the National 
                        Incident Management System.
    ``(c) Report.--Not later than 1 year after the date of enactment of 
the Clean Energy Jobs and Oil Company Accountability Act of 2010, and 
annually thereafter until December 31, 2020, the President shall submit 
a report to the appropriate committees of Congress that includes--
            ``(1) a discussion of the status of catastrophic incident 
        planning efforts required under this section, including a list 
        of all catastrophic incident plans in progress or completed; 
        and
            ``(2) a report on planning efforts by Federal agencies 
        required under section 653, including any certification under 
        subsection 653(d).''.
    (b) Office of Catastrophic Planning.--Title V of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following:

``SEC. 525. CATASTROPHIC INCIDENT PLANNING.

    ``(a) Definition.--In this section, the term `catastrophic incident 
plan' means a plan to prevent, prepare for, protect against, respond 
to, and recover from a catastrophic incident.
    ``(b) Establishment.--The Secretary shall establish an Office of 
Catastrophic Planning in the Agency, which shall be headed by a 
Director of Catastrophic Planning.
    ``(c) Mission.--The mission of the Office of Catastrophic Planning 
shall be to lead efforts within the Department, and to support, 
promote, and coordinate efforts throughout the Federal Government, by 
State, local and tribal governments, and by the private sector, to plan 
effectively to prevent, prepare for, protect against, respond to, and 
recover from catastrophic incidents, whether natural disasters, acts of 
terrorism, or other man-made disasters.
    ``(d) Responsibilities.--The responsibilities of the Director of 
Catastrophic Planning shall include--
            ``(1) assisting the President and Federal agencies in 
        identifying risks of catastrophic incidents for which planning 
        is likely to be most needed or beneficial, including risks 
        across all critical infrastructure sectors;
            ``(2) leading the efforts of the Department to prepare 
        catastrophic incident plans to address risks in the areas of 
        responsibility of the Department;
            ``(3) providing support to other Federal agencies by--
                    ``(A) providing guidelines, standards, training, 
                and technical assistance to assist the agencies in 
                developing effective catastrophic incident plans in the 
                areas of responsibility of the agencies;
                    ``(B) assisting the agencies in the assessment of 
                the catastrophic incident plans of the agencies, 
                including through assistance with the design and 
                evaluation of exercises; and
                    ``(C) assisting the agencies in developing tools to 
                meaningfully evaluate catastrophic incident plans 
                submitted to the agency by private sector entities;
            ``(4) ensuring coordination with State, local, and tribal 
        governments in the development of Federal catastrophic incident 
        plans;
            ``(5) providing assistance to State, local, and tribal 
        governments in developing catastrophic incident plans, 
        including supporting the development of catastrophic incident 
        annexes under section 613 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5196b);
            ``(6) promoting and supporting appropriate catastrophic 
        incident planning by private sector entities, including private 
        sector entities that own or manage critical infrastructure;
            ``(7) promoting the training and education of additional 
        emergency planners
            ``(8) assisting the Administrator in the preparation of the 
        catastrophic resource report required under section 652(b) of 
        the Post-Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 752(b));
            ``(9) assisting the President in ensuring consistency and 
        coordination across Federal catastrophic incident plans; and
            ``(10) otherwise assisting the President in implementing 
        section 655 of the Post-Katrina Emergency Management Reform Act 
        of 2006.''.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out this section, for 
each of fiscal years 2011 through 2020.
    (d) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 524 
the following:

``Sec. 525. Catastrophic incident planning.''.

SEC. 702. ALIGNMENT OF RESPONSE FRAMEWORKS.

    (a) Definitions.--In this section--
            (1) the term ``National Response Framework'' means the 
        successor document to the National Response Plan issued in 
        January 2008, or any other successor plan prepared under 
        section 504(a)(6) of the Homeland Security Act of 2002 (6 
        U.S.C. 314(a)(6));
            (2) the term ``National Contingency Plan'' means the 
        National Contingency Plan prepared under section 311(d) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(d)) or 
        revised under section 105 of the Comprehensive Environmental 
        Response, Compensation and Liability Act (42 U.S.C. 9605); and
            (3) the term ``plans'' means the National Response 
        Framework, the National Contingency Plan, and any other plan 
        the Secretary of Homeland Security and the Administrator of the 
        Environmental Protection Agency jointly determine plays a 
        significant role in guiding the response by the Federal 
        Government to the discharge of oil or other hazardous 
        substances.
    (b) Alignment of Plans.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security (in 
coordination with the Administrator of the Federal Emergency Management 
Agency and the Commandant of the Coast Guard) and the Administrator of 
the Environmental Protection Agency, in conjunction with the head of 
any other Federal agency determined appropriate by the President, shall 
review the plans and submit to Congress a report regarding--
            (1) the coordination and consistency between the plans, 
        including with respect to--
                    (A) unified command and reporting structures;
                    (B) relationships with State, local, and tribal 
                governments;
                    (C) assignment of support responsibilities among 
                Federal agencies;
            (2) lessons learned from an initial post-incident analysis 
        of the implementation of the plans during the response by the 
        Federal Government to the discharge of oil arising from the 
        explosion on and sinking of the mobile offshore drilling unit 
        Deepwater Horizon;
            (3) recommendations for modifications to the plans to 
        ensure coordination and, where appropriate, consistency between 
        the plans and to maximize the purpose of each plan, consistent 
        with statutory authorities;
            (4) planned actions to address any modifications 
        recommended under paragraph (3); and
            (5) how the plans will be integrated in the event of a 
        disaster occurring after the date of the report involving a 
        discharge of oil or other hazardous material.
    (c) Savings Clause.--Nothing in this section requires a 
modification to the National Contingency Plan or the National Response 
Framework or affects the authority of the Administrator of the 
Environmental Protection Agency or the Secretary of Homeland Security 
to modify or carry out the National Contingency Plan or the National 
Response Framework.

TITLE VIII--SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP DEEPWATER 
                HORIZON OIL SPILL AND OFFSHORE DRILLING

SEC. 801. SUBPOENA POWER FOR NATIONAL COMMISSION ON THE BP DEEPWATER 
              HORIZON OIL SPILL AND OFFSHORE DRILLING.

    (a) Subpoena Power.--The National Commission on the BP Deepwater 
Horizon Oil Spill and Offshore Drilling established by Executive Order 
No. 13543 of May 21, 2010 (referred to in this section as the 
``Commission''), may issue subpoenas to compel the attendance and 
testimony of witnesses and the production of books, records, 
correspondence, memoranda, and other documents.
    (b) Issuance.--
            (1) Authorization.--A subpoena may be issued under this 
        section only by--
                    (A) agreement of the Co-Chairs of the Commission; 
                or
                    (B) the affirmative vote of a majority of the 
                members of the Commission.
            (2) Justice department coordination.--
                    (A) Notification.--
                            (i) In general.--The Commission shall 
                        notify the Attorney General or designee of the 
                        intent of the Commission to issue a subpoena 
                        under this section, the identity of the 
                        witness, and the nature of the testimony sought 
                        before issuing such a subpoena.
                            (ii) Form and content.--The form and 
                        content of the notice shall be set forth in the 
                        guidelines to be issued under subparagraph (D).
                    (B) Conditions for objection to issuance.--The 
                Commission may not issue a subpoena under authority of 
                this section if the Attorney General objects to the 
                issuance of the subpoena on the basis that the taking 
                of the testimony is likely to interfere with any--
                            (i) Federal or State criminal investigation 
                        or prosecution; or
                            (ii) pending investigation under sections 
                        3729 through 3732 of title 31, United States 
                        Code (commonly known as the ``Civil False 
                        Claims Act'') or other Federal law providing 
                        for civil remedies, or any civil litigation to 
                        which the United States or any Federal agencies 
                        is or is likely to be a party.
                    (C) Notification of objection.--The Attorney 
                General or relevant United States Attorney shall notify 
                the Commission of an objection raised under this 
                paragraph without unnecessary delay and as set forth in 
                the guidelines to be issued under subparagraph (D).
                    (D) Guidelines.--As soon as practicable, but no 
                later than 30 days after the date of the enactment of 
                this Act, the Attorney General, after consultation with 
                the Commission, shall issue guidelines to carry out 
                this subsection.
            (3) Signature and service.--A subpoena issued under this 
        section may be--
                    (A) issued under the signature of either Co-Chair 
                or any member designated by a majority of the 
                Commission; and
                    (B) served by any person designated by the Co-
                Chairs or a member designated by a majority of the 
                Commission.
    (c) Enforcement.--
            (1) Required procedures.--
                    (A) In general.--In the case of contumacy of any 
                person issued a subpoena under this section or refusal 
                by the person to comply with the subpoena, the 
                Commission shall request the Attorney General to seek 
                enforcement of the subpoena.
                    (B) Enforcement.--On such request, the Attorney 
                General shall seek enforcement of the subpoena in a 
                court described in paragraph (2).
                    (C) Order.--The court in which the Attorney General 
                seeks enforcement of the subpoena--
                            (i) shall issue an order requiring the 
                        subpoenaed person to appear at any designated 
                        place to testify or to produce documentary or 
                        other evidence; and
                            (ii) may punish any failure to obey the 
                        order as a contempt of that court.
            (2) Jurisdiction for enforcement.--Any United States 
        district court for a judicial district in which a person issued 
        a subpoena under this section resides, is served, or may be 
        found, or in which the subpoena is returnable, shall have 
        jurisdiction to enforce the subpoena as provided in paragraph 
        (1).

            TITLE IX--CORAL REEF CONSERVATION ACT AMENDMENTS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Coral Reef Conservation Amendments 
Act of 2010''.

SEC. 902. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to or repeal 
of a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coral Reef Conservation 
Act of 2000 (16 U.S.C. 6401 et seq.).

SEC. 903. AGREEMENTS; REDESIGNATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended--
            (1) by redesignating section 208 (16 U.S.C. 6407) as 
        section 213;
            (2) by redesignating section 209 (16 U.S.C. 6408) as 
        section 214; and
            (3) by redesignating section 210 (16 U.S.C. 6409) as 
        section 215.

SEC. 904. EMERGENCY ASSISTANCE.

    Section 206 (16 U.S.C. 6405) is amended to read as follows:

``SEC. 206. EMERGENCY ASSISTANCE.

    ``The Secretary, in cooperation with the Administrator of the 
Federal Emergency Management Agency, as appropriate, may provide 
assistance to any State, local, or territorial government agency with 
jurisdiction over coral reef ecosystems to address any unforeseen or 
disaster-related circumstance pertaining to coral reef ecosystems.''.

SEC. 905. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

    Section 207 (16 U.S.C. 6406) is amended to read as follows:

``SEC. 207. EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION.

    ``(a) Establishment of Account.--The Secretary shall establish an 
account (to be called the `Emergency Response, Stabilization, and 
Restoration Account') in the Damage Assessment Restoration Revolving 
Fund established by the Department of Commerce Appropriations Act, 1991 
(Public Law 101-515; 33 U.S.C. 2706 note), for implementation of this 
title for emergency actions.
    ``(b) Deposits.--
            ``(1) Deposits.--There shall be deposited in the Emergency 
        Response, Stabilization, and Restoration Account amounts as 
        follows:
                    ``(A) Amounts appropriated for the Account.
                    ``(B) Amounts received by the United States 
                pursuant to this title.
                    ``(C) Amounts otherwise authorized for deposit in 
                the Account by this title.
            ``(2) Availability of deposits.--Amounts deposited in the 
        Account shall be available for use by the Secretary for 
        emergency response, stabilization, and restoration activities 
        under this title.''.

SEC. 906. PROHIBITED ACTIVITIES.

    (a) In General.--The Act (16 U.S.C. 6401 et seq.) is amended by 
inserting after section 207 the following:

``SEC. 208. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

    ``(a) Provisions as Complementary.--The provisions of this section 
are in addition to, and shall not affect the operation of, other 
Federal, State, or local laws or regulations providing protection to 
coral reef ecosystems.
    ``(b) Destruction, Loss, Taking, or Injury.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        is unlawful for any person to destroy, take, cause the loss of, 
        or injure any coral reef or any component thereof.
            ``(2) Exceptions.--The destruction, loss, taking, or injury 
        of a coral reef or any component thereof is not unlawful if 
        it--
                    ``(A) was caused by the use of fishing gear used in 
                a manner permitted under the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) or other Federal or State law;
                    ``(B) was caused by an activity that is authorized 
                or allowed by Federal or State law (including lawful 
                discharges from vessels, such as graywater, cooling 
                water, engine exhaust, ballast water, or sewage from 
                marine sanitation devices), unless the destruction, 
                loss, or injury resulted from actions such as vessel 
                groundings, vessel scrapings, anchor damage, excavation 
                not authorized by Federal or State permit, or other 
                similar activities;
                    ``(C) was the necessary result of bona fide marine 
                scientific research (including marine scientific 
                research activities approved by Federal, State, or 
                local permits), other than excessive sampling or 
                collecting, or actions such as vessel groundings, 
                vessel scrapings, anchor damage, excavation, or other 
                similar activities;
                    ``(D)(i) was caused by a Federal Government agency 
                during--
                            ``(I) an emergency that posed an 
                        unacceptable threat to human health or safety 
                        or to the marine environment;
                            ``(II) an emergency that posed a threat to 
                        national security; or
                            ``(III) an activity necessary for law 
                        enforcement or search and rescue; and
                    ``(ii) could not reasonably be avoided; or
                    ``(E) was caused by an action taken by the master 
                of the vessel in an emergency situation to ensure the 
                safety of the vessel or to save a life at sea.
    ``(c) Interference With Enforcement.--It is unlawful for any person 
to interfere with the enforcement of this title by--
            ``(1) refusing to permit any officer authorized to enforce 
        this title to board a vessel (other than a vessel operated by 
        the Department of Defense or United States Coast Guard) subject 
        to such person's control for the purposes of conducting any 
        search or inspection in connection with the enforcement of this 
        title;
            ``(2) resisting, opposing, impeding, intimidating, 
        harassing, bribing, interfering with, or forcibly assaulting 
        any person authorized by the Secretary to implement this title 
        or any such authorized officer in the conduct of any search or 
        inspection performed under this title; or
            ``(3) submitting false information to the Secretary or any 
        officer authorized to enforce this title in connection with any 
        search or inspection conducted under this title.
    ``(d) Violations of Title, Permit, or Regulation.--It is unlawful 
for any person to violate any provision of this title, any permit 
issued pursuant to this title, or any regulation promulgated pursuant 
to this title.
    ``(e) Possession and Distribution.--It is unlawful for any person 
to possess, sell, deliver, carry, transport, or ship by any means any 
coral taken in violation of this title.''.
    (b) Emergency Action Regulations.--The Secretary of Commerce shall 
initiate a rulemaking proceeding to prescribe the circumstances and 
conditions under which the exception in section 208(b)(2)(E) of the 
Coral Reef Conservation Act of 2000, as added by subsection (a), 
applies and shall issue a final rule pursuant to that rulemaking as 
soon as practicable but not later than 1 year after the date of the 
enactment of this Act. Nothing in this subsection shall be construed to 
require the issuance of such regulations before the exception provided 
by that section is in effect.

SEC. 907. DESTRUCTION OF CORAL REEFS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 208, as added by section 906 of this title, the following:

``SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

    ``(a) Liability.--
            ``(1) Liability to the united states.--Except as provided 
        in subsection (f), all persons who engage in an activity that 
        is prohibited under subsections (b) or (d) of section 208, or 
        create an imminent risk thereof, are liable, jointly and 
        severally, to the United States for an amount equal to the sum 
        of--
                    ``(A) response costs and damages resulting from the 
                destruction, loss, taking, or injury, or imminent risk 
                thereof, including damages resulting from the response 
                actions;
                    ``(B) costs of seizure, forfeiture, storage, and 
                disposal arising from liability under this section; and
                    ``(C) interest on that amount calculated in the 
                manner described in section 1005 of the Oil Pollution 
                Act of 1990 (33 U.S.C. 2705).
            ``(2) Liability in rem.--
                    ``(A) In general.--Any vessel used in an activity 
                that is prohibited under subsection (b) or (d) of 
                section 208, or creates an imminent risk thereof, shall 
                be liable in rem to the United States for an amount 
                equal to the sum of--
                            ``(i) response costs and damages resulting 
                        from such destruction, loss, or injury, or 
                        imminent risk thereof, including damages 
                        resulting from the response actions;
                            ``(ii) costs of seizure, forfeiture, 
                        storage, and disposal arising from liability 
                        under this section; and
                            ``(iii) interest on that amount calculated 
                        in the manner described in section 1005 of the 
                        Oil Pollution Act of 1990 (33 U.S.C. 2705).
                    ``(B) Maritime liens.--The amount of liability 
                shall constitute a maritime lien on the vessel and may 
                be recovered in an action in rem in any district court 
                of the United States that has jurisdiction over the 
                vessel.
            ``(3) Defenses.--A person or vessel is not liable under 
        this subsection if that person or vessel establishes that the 
        destruction, loss, taking, or injury was caused solely by an 
        act of God, an act of war, or an act or omission of a third 
        party (other than an employee or agent of the defendant or one 
        whose act or omission occurs in connection with a contractual 
        relationship, existing directly or indirectly with the 
        defendant), and the person or master of the vessel acted with 
        due care.
            ``(4) No limit to liability.--Nothing in chapter 305 or 
        section 30706 of title 46, United States Code, shall limit 
        liability to any person under this title.
    ``(b) Response Actions and Damage Assessment.--
            ``(1) Response actions.--The Secretary may undertake or 
        authorize all necessary actions to prevent or minimize the 
        destruction, loss, or taking of, or injury to, coral reefs, or 
        components thereof, or to minimize the risk or imminent risk of 
        such destruction, loss, or injury.
            ``(2) Damage assessment.--
                    ``(A) In general.--The Secretary shall assess 
                damages to coral reefs and shall consult with State 
                officials regarding response and damage assessment 
                actions undertaken for coral reefs within State waters.
                    ``(B) Prohibition on double recovery.--There shall 
                be no double recovery under this title for coral reef 
                damages, including the cost of damage assessment, for 
                the same incident.
    ``(c) Commencement of Civil Action for Response Costs and 
Damages.--
            ``(1) Commencement.--The Attorney General, upon the request 
        of the Secretary, may commence a civil action against any 
        person or vessel that may be liable under subsection (a) of 
        this section for response costs, seizure, forfeiture, storage, 
        or disposal costs, and damages, and interest on that amount 
        calculated in the manner described in section 1005 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2705). The Secretary, acting 
        as trustee for coral reefs for the United States, shall submit 
        a request for such an action to the Attorney General whenever a 
        person or vessel may be liable for such costs or damages.
            ``(2) Venue in civil actions.--A civil action under this 
        title may be brought in the United States district court for 
        any district in which--
                    ``(A) the defendant is located, resides, or is 
                doing business, in the case of an action against a 
                person;
                    ``(B) the vessel is located, in the case of an 
                action against a vessel;
                    ``(C) the destruction, loss, or taking of, or 
                injury to a coral reef, or component thereof, occurred 
                or in which there is an imminent risk of such 
                destruction, loss, or injury; or
                    ``(D) where some or all of the coral reef or 
                component thereof that is the subject of the action is 
                not within the territory covered by any United States 
                district court, such action may be brought either in 
                the United States district court for the district 
                closest to the location where the destruction, loss, 
                injury, or risk of injury occurred, or in the United 
                States District Court for the District of Columbia.
    ``(d) Use of Recovered Amounts.--
            ``(1) In general.--Any costs, including response costs and 
        damages recovered by the Secretary under this section shall--
                    ``(A) be deposited into an account or accounts in 
                the Damage Assessment Restoration Revolving Fund 
                established by the Department of Commerce 
                Appropriations Act, 1991 (33 U.S.C. 2706 note), or the 
                Natural Resource Damage Assessment and Restoration Fund 
                established by the Department of the Interior and 
                Related Agencies Appropriations Act, 1992 (43 U.S.C. 
                1474b), as appropriate given the location of the 
                violation;
                    ``(B) be available for use by the Secretary without 
                further appropriation and remain available until 
                expended; and
                    ``(C) be for use, as the Secretary considers 
                appropriate--
                            ``(i) to reimburse the Secretary or any 
                        other Federal or State agency that conducted 
                        activities under subsection (a) or (b) of this 
                        section for costs incurred in conducting the 
                        activity;
                            ``(ii) to be transferred to the Emergency 
                        Response, Stabilization, and Restoration 
                        Account established under section 208(d) to 
                        reimburse that account for amounts used for 
                        authorized emergency actions; and
                            ``(iii) after reimbursement of such costs, 
                        to restore, replace, or acquire the equivalent 
                        of any coral reefs, or components thereof, 
                        including the reasonable costs of monitoring, 
                        or to minimize or prevent threats of equivalent 
                        injury to, or destruction of coral reefs, or 
                        components thereof.
            ``(2) Restoration considerations.--In development of 
        restoration alternatives under paragraph (1)(C), the Secretary 
        shall consider State and territorial preferences and, if 
        appropriate, shall prioritize restoration projects with 
        geographic and ecological linkages to the injured resources.
    ``(e) Statute of Limitations.--An action for response costs or 
damages under subsection (c) shall be barred unless the complaint is 
filed not later than 3 years after the date on which the Secretary 
completes a damage assessment and restoration plan for the coral reefs, 
or components thereof, to which the action relates.
    ``(f) Federal Government Activities.--In the event of threatened or 
actual destruction of, loss of, or injury to a coral reef or component 
thereof resulting from an incident caused by a component of any 
Department or agency of the United States Government, the cognizant 
Department or agency shall satisfy its obligations under this section 
by promptly, in coordination with the Secretary, taking appropriate 
actions to respond to and mitigate the harm and restoring or replacing 
the coral reef or components thereof and reimbursing the Secretary for 
all assessment costs.''.

SEC. 908. ENFORCEMENT.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 209, as added by section 907 of this title, the following:

``SEC. 210. ENFORCEMENT.

    ``(a) In General.--The Secretary shall conduct enforcement 
activities to carry out this title.
    ``(b) Powers of Authorized Officers.--
            ``(1) In general.--Any person who is authorized to enforce 
        this title may--
                    ``(A) board, search, inspect, and seize any vessel 
                or other conveyance suspected of being used to violate 
                this title, any regulation promulgated under this 
                title, or any permit issued under this title, and any 
                equipment, stores, and cargo of such vessel, except 
                that such authority shall not exist with respect to 
                vessels owned or time chartered by a uniformed service 
                (as defined in section 101 of title 10, United States 
                Code) as warships or naval auxiliaries;
                    ``(B) seize wherever found any component of coral 
                reef taken or retained in violation of this title, any 
                regulation promulgated under this title, or any permit 
                issued under this title;
                    ``(C) seize any evidence of a violation of this 
                title, any regulation promulgated under this title, or 
                any permit issued under this title;
                    ``(D) execute any warrant or other process issued 
                by any court of competent jurisdiction;
                    ``(E) exercise any other lawful authority; and
                    ``(F) arrest any person, if there is reasonable 
                cause to believe that such person has committed an act 
                prohibited by section 208.
            ``(2) Naval auxiliary defined.--In this subsection, the 
        term `naval auxiliary' means a vessel, other than a warship, 
        that is owned by or under the exclusive control of a uniformed 
        service and used at the time of the destruction, take, loss, or 
        injury for government, non-commercial service, including combat 
        logistics force vessels, pre-positioned vessels, special 
        mission vessels, or vessels exclusively used to transport 
        military supplies and materials.
    ``(c) Civil Enforcement and Permit Sanctions.--
            ``(1) Civil administrative penalty.--
                    ``(A) In general.--Any person subject to the 
                jurisdiction of the United States who violates this 
                title or any regulation promulgated or permit issued 
                hereunder, shall be liable to the United States for a 
                civil administrative penalty of not more than $200,000 
                for each such violation, to be assessed by the 
                Secretary.
                    ``(B) Continuing violations.--Each day of a 
                continuing violation shall constitute a separate 
                violation.
                    ``(C) Determination of amount.--In determining the 
                amount of civil administrative penalty, the Secretary 
                shall take into account the nature, circumstances, 
                extent, and gravity of the prohibited acts committed 
                and, with respect to the violator, the degree of 
                culpability, and any history of prior violations, and 
                such other matters as justice may require.
                    ``(D) Consideration of ability to pay.--In 
                assessing such penalty, the Secretary may also consider 
                information related to the ability of the violator to 
                pay.
            ``(2) Permit sanctions.--For any person subject to the 
        jurisdiction of the United States who has been issued or has 
        applied for a permit under this title, and who violates this 
        title or any regulation or permit issued under this title, the 
        Secretary may deny, suspend, amend, or revoke in whole or in 
        part any such permit. For any person who has failed to pay or 
        defaulted on a payment agreement of any civil penalty or 
        criminal fine or liability assessed pursuant to any natural 
        resource law administered by the Secretary, the Secretary may 
        deny, suspend, amend or revoke in whole or in part any permit 
        issued or applied for under this title.
            ``(3) Imposition of civil judicial penalties.--
                    ``(A) In general.--Any person who violates any 
                provision of this title, any regulation promulgated or 
                permit issued thereunder, shall be subject to a civil 
                judicial penalty not to exceed $250,000 for each such 
                violation.
                    ``(B) Continuing violations.--Each day of a 
                continuing violation shall constitute a separate 
                violation.
                    ``(C) Civil actions.--The Attorney General, upon 
                the request of the Secretary, may commence a civil 
                action in an appropriate district court of the United 
                States, and such court shall have jurisdiction to award 
                civil penalties and such other relief as justice may 
                require.
                    ``(D) Amounts of civil penalties.--In determining 
                the amount of a civil penalty, the court shall take 
                into account the nature, circumstances, extent, and 
                gravity of the prohibited acts committed and, with 
                respect to the violator, the degree of culpability, any 
                history of prior violations, and such other matters as 
                justice may require.
                    ``(E) Consideration of ability to pay.--In imposing 
                such penalty, the district court may also consider 
                information related to the ability of the violator to 
                pay.
            ``(4) Notice.--No penalty or permit sanction shall be 
        assessed under this subsection until after the person charged 
        has been given notice and an opportunity for a hearing.
            ``(5) In rem jurisdiction.--A vessel used in violating this 
        title, any regulation promulgated under this title, or any 
        permit issued under this title, shall be liable in rem for any 
        civil penalty assessed for such violation. Such penalty shall 
        constitute a maritime lien on the vessel and may be recovered 
        in an action in rem in the district court of the United States 
        having jurisdiction over the vessel.
            ``(6) Collection of penalties.--
                    ``(A) In general.--If any person fails to pay an 
                assessment of a civil penalty under this section after 
                it has become a final and unappealable order, or after 
                the appropriate court has entered final judgment in 
                favor of the Secretary, the Secretary shall refer the 
                matter to the Attorney General, who shall recover the 
                amount assessed in any appropriate district court of 
                the United States (plus interest at current prevailing 
                rates from the date of the final order).
                    ``(B) Not subject to review.--In such action, the 
                validity and appropriateness of the final order 
                imposing the civil penalty shall not be subject to 
                review.
                    ``(C) Attorney's fees, costs, and nonpayment 
                penalty.--
                            ``(i) In general.--Any person who fails to 
                        pay, on a timely basis, the amount of an 
                        assessment of a civil penalty shall be required 
                        to pay, in addition to such amount and 
                        interest, attorney's fees and costs for 
                        collection proceedings and a quarterly 
                        nonpayment penalty for each quarter during 
                        which such failure to pay persists.
                            ``(ii) Amount of nonpayment penalty.--Such 
                        nonpayment penalty shall be in an amount equal 
                        to 20 percent of the aggregate amount of such 
                        person's penalties and nonpayment penalties 
                        that are unpaid as of the beginning of such 
                        quarter.
            ``(7) Compromise or other action by secretary.--The 
        Secretary may compromise, modify, or remit, with or without 
        conditions, any civil administrative penalty or permit sanction 
        which is or may be imposed under this section and that has not 
        been referred to the Attorney General for further enforcement 
        action.
            ``(8) Jurisdiction.--
                    ``(A) In general.--The several district courts of 
                the United States shall have jurisdiction over any 
                actions brought by the United States arising under this 
                section.
                    ``(B) American samoa.--For the purpose of this 
                section, American Samoa shall be included within the 
                judicial district of the District Court of the United 
                States for the District of Hawaii.
                    ``(C) Treatment of violations.--Each violation 
                shall be a separate offense and the offense shall be 
                deemed to have been committed not only in the district 
                where the violation first occurred, but also in any 
                other district as authorized by law.
    ``(d) Forfeiture.--
            ``(1) Criminal forfeiture.--
                    ``(A) In general.--A person who is convicted of an 
                offense in violation of this title shall forfeit to the 
                United States--
                            ``(i) any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        taken, obtained, or retained, in connection 
                        with or as a result of the offense, including, 
                        without limitation, any coral reef or coral 
                        reef component (or the fair market value 
                        thereof); and
                            ``(ii) any property, real or personal, used 
                        or intended to be used, in any manner, to 
                        commit or facilitate the commission of the 
                        offense, including, without limitation, any 
                        vessel (including the vessel's equipment, 
                        stores, catch and cargo), vehicle, aircraft, or 
                        other means of transportation.
                    ``(B) Application of certain provisions of 
                controlled substances act.--Pursuant to section 2461(c) 
                of title 28, United States Code, the provisions of 
                section 413 of the Controlled Substances Act (21 U.S.C. 
                853) other than subsection (d) thereof shall apply to 
                criminal forfeitures under this section.
            ``(2) Civil forfeiture.--The property set forth below shall 
        be subject to forfeiture to the United States in accordance 
        with the provisions of chapter 46 of title 18, United States 
        Code, and no property right shall exist in it:
                    ``(A) Any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of a 
                violation of this title, including, without limitation, 
                any coral reef or coral reef component (or the fair 
                market value thereof).
                    ``(B) Any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of a violation of this title, 
                including, without limitation, any vessel (including 
                the vessel's equipment, stores, catch and cargo), 
                vehicle, aircraft, or other means of transportation.
            ``(3) Application of customs laws.--
                    ``(A) In general.--All provisions of law relating 
                to seizure, summary judgment, and judicial forfeiture 
                and condemnation for violation of the customs laws, the 
                disposition of the property forfeited or condemned or 
                the proceeds from the sale thereof, the remission or 
                mitigation of such forfeitures, and the compromise of 
                claims shall apply to seizures and forfeitures 
                incurred, or alleged to have been incurred, under the 
                provisions of this title, insofar as applicable and not 
                inconsistent with the provisions hereof.
                    ``(B) Authority for actions by secretary.--For 
                seizures and forfeitures of property under this section 
                by the Secretary, such duties as are imposed upon the 
                customs officer or any other person with respect to the 
                seizure and forfeiture of property under the customs 
                law may be performed by such officers as are designated 
                by the Secretary or, upon request of the Secretary, by 
                any other agency that has authority to manage and 
                dispose of seized property.
            ``(4) Presumption.--For the purposes of this section there 
        is a rebuttable presumption that all coral reefs, or components 
        thereof, found on board a vessel that is used or seized in 
        connection with a violation of this title or of any regulation 
        promulgated under this title were taken, obtained, or retained 
        in violation of this title or of a regulation promulgated under 
        this title.
    ``(e) Payment of Storage, Care, and Other Costs.--Any person 
assessed a civil penalty for a violation of this title or of any 
regulation promulgated under this title and any claimant in a 
forfeiture action brought for such a violation, shall be liable for the 
reasonable costs incurred by the Secretary in storage, care, and 
maintenance of any property seized in connection with the violation.
    ``(f) Expenditures.--
            ``(1) Deposit and availability.--Notwithstanding section 
        3302 of title 31, United States Code, or section 311 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861), amounts received by the United States as civil 
        penalties under subsection (c) of this section, forfeitures of 
        property under subsection (d) of this section, and costs 
        imposed under subsection (e) of this section, shall--
                    ``(A) be placed into an account;
                    ``(B) be available for use by the Secretary without 
                further appropriation; and
                    ``(C) remain available until expended.
            ``(2) Use of forfeitures and costs.--Amounts received under 
        this section for forfeitures under subsection (d) and costs 
        imposed under subsection (e) shall be used to pay the 
        reasonable and necessary costs incurred by the Secretary to 
        provide temporary storage, care, maintenance, and disposal of 
        any property seized in connection with a violation of this 
        title or any regulation promulgated under this title.
            ``(3) Use of civil penalties.--Amounts received under this 
        section as civil penalties under subsection (c) of this section 
        and any amounts remaining after the operation of paragraph (2) 
        of this subsection shall--
                    ``(A) be used to stabilize, restore, or otherwise 
                manage the coral reef with respect to which the 
                violation occurred that resulted in the penalty or 
                forfeiture;
                    ``(B) be transferred to the Emergency Response, 
                Stabilization, and Restoration Account established 
                under section 207(a) or an account described in section 
                209(d)(1), to reimburse such account for amounts used 
                for authorized emergency actions;
                    ``(C) be used to conduct monitoring and enforcement 
                activities;
                    ``(D) be used to conduct research on techniques to 
                stabilize and restore coral reefs;
                    ``(E) be used to conduct activities that prevent or 
                reduce the likelihood of future damage to coral reefs;
                    ``(F) be used to stabilize, restore or otherwise 
                manage any other coral reef; or
                    ``(G) be used to pay a reward to any person who 
                furnishes information leading to an assessment of a 
                civil penalty, or to a forfeiture of property, for a 
                violation of this title or any regulation promulgated 
                under this title.
    ``(g) Criminal Enforcement.--
            ``(1) Interference with enforcement.--Any person (other 
        than a foreign government or any entity of such government) who 
        knowingly commits any act prohibited by section 208(c) of this 
        title shall be imprisoned for not more than 5 years and shall 
        be fined not more than $500,000 for individuals or $1,000,000 
        for an organization; except that if in the commission of any 
        such offense the individual uses a dangerous weapon, engages in 
        conduct that causes bodily injury to any officer authorized to 
        enforce the provisions of this title, or places any such 
        officer in fear of imminent bodily injury, the maximum term of 
        imprisonment is not more than 10 years.
            ``(2) Other knowing violations .--Any person (other than a 
        foreign government or any entity of such government) who 
        knowingly violates subsection (b), (d), or (e) of section 208 
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 5 years or both.
            ``(3) Other unknowing violations.--Any person (other than a 
        foreign government or any entity of such government) who 
        violates subsection (b), (d), or (e) of section 208, and who, 
        in the exercise of due care should know that such person's 
        conduct violates subsection (b), (d), or (e) of section 208, 
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 1 year, or both.
            ``(4) Jurisdiction.--
                    ``(A) In general.--The several district courts of 
                the United States shall have jurisdiction over any 
                actions brought by the United States arising under this 
                subsection.
                    ``(B) American samoa.--For the purpose of this 
                subsection, American Samoa shall be included within the 
                judicial district of the District Court of the United 
                States for the District of Hawaii.
                    ``(C) Treatment of violations.--Each violation 
                shall be a separate offense and the offense shall be 
                deemed to have been committed not only in the district 
                where the violation first occurred, but also in any 
                other district as authorized by law. Any offenses not 
                committed in any district are subject to the venue 
                provisions of section 3238 of title 18, United States 
                Code.
    ``(h) Subpoenas.--In the case of any investigation or hearing under 
this section or any other natural resource statute administered by the 
Under Secretary for Oceans and Atmosphere which is determined on the 
record in accordance with the procedures provided for under section 554 
of title 5, United States Code, the Secretary may issue subpoenas for 
the attendance and testimony of witnesses and the production of 
relevant papers, books, electronic files, and documents, and may 
administer oaths.
    ``(i) Coast Guard Authority Not Limited.--Nothing in this section 
shall be considered to limit the authority of the Coast Guard to 
enforce this or any other Federal law under section 89 of title 14, 
United States Code.
    ``(j) Injunctive Relief.--
            ``(1) Injunctive relief by secretary.--
                    ``(A) In general.--If the Secretary determines that 
                there is an imminent risk of destruction or loss of or 
                injury to a coral reef, or that there has been actual 
                destruction or loss of, or injury to, a coral reef 
                which may give rise to liability under section 209 of 
                this title, the Attorney General, upon request of the 
                Secretary, shall seek to obtain such relief as may be 
                necessary to abate such risk or actual destruction, 
                loss, or injury, or to restore or replace the coral 
                reef, or both.
                    ``(B) Jurisdiction.--The district courts of the 
                Unites States shall have jurisdiction in such a case to 
                order such relief as the public interest and the 
                equities of the case may require.
            ``(2) Injunctive relief by attorney general.--Upon the 
        request of the Secretary, the Attorney General may seek to 
        enjoin any person who is alleged to be in violation of any 
        provision of this title, or any regulation or permit issued 
        under this title, and the district courts shall have 
        jurisdiction to grant such relief.
    ``(k) Area of Application and Enforceability.--The area of 
application and enforceability of this title includes the internal 
waters of the United States, the territorial sea of the United States, 
as described in Presidential Proclamation 5928 of December 27, 1988, 
the Exclusive Economic Zone of the United States as described in 
Presidential Proclamation 5030 of March 10, 1983, and the continental 
shelf, consistent with international law.
    ``(l) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business, or has appointed 
an agent for the service of process, and for civil cases may also be 
served in a place not within the United States in accordance with rule 
4 of the Federal Rules of Civil Procedure.
    ``(m) Venue in Civil Actions.--A civil action under this title may 
be brought in the United States district court for any district in 
which--
            ``(1) the defendant is located, resides, or is doing 
        business, in the case of an action against a person;
            ``(2) the vessel is located, in the case of an action 
        against a vessel;
            ``(3) the destruction of, loss of, or injury to a coral 
        reef, or component thereof, occurred or in which there is an 
        imminent risk of such destruction, loss, or injury; or
            ``(4) where some or all of the coral reef or component 
        thereof that is the subject of the action is not within the 
        territory covered by any United States district court, such 
        action may be brought either in the United States district 
        court for the district closest to the location where the 
        destruction, loss, injury, or risk of injury occurred, or in 
        the United States District Court for the District of Columbia.
    ``(n) Uniformed Service Officers and Employees.--No officer or 
employee of a uniformed service (as defined in section 101 of title 10, 
United States Code) shall be held liable under this section, either in 
such officer's or employee's personal or official capacity, for any 
violation of section 208 occurring during the performance of the 
officer's or employee's official governmental duties.
    ``(o) Contract Employees.--No contract employee of a uniformed 
service (as so defined), serving as vessel master or crew member, shall 
be liable under this section for any violation of section 208 if that 
contract employee--
            ``(1) is acting as a contract employee of a uniformed 
        service under the terms of an operating contract for a vessel 
        owned by a uniformed service, or a time charter for pre-
        positioned vessels, special mission vessels, or vessels 
        exclusively transporting military supplies and materials; and
            ``(2) is engaged in an action or actions over which such 
        employee has been given no discretion (e.g., anchoring or 
        mooring at one or more designated anchorages or buoys, or 
        executing specific operational elements of a special mission 
        activity), as determined by the uniformed service controlling 
        the contract.''.

SEC. 909. REGULATIONS.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 210, as added by section 908 of this title, the following:

``SEC. 211. REGULATIONS.

    ``(a) In General.--The Secretary may issue such regulations as are 
necessary and appropriate to carry out the purposes of this title.
    ``(b) Application in Accordance With International Law.--This title 
and any regulations promulgated under this title shall be applied in 
accordance with international law.
    ``(c) Limitations With Respect to Citizenship Status.--No 
restrictions shall apply to or be enforced against a person who is not 
a citizen, national, or resident alien of the United States (including 
foreign flag vessels) unless in accordance with international law.''.

SEC. 910. JUDICIAL REVIEW.

    The Act (16 U.S.C. 6401 et seq.) is amended by inserting after 
section 211, as added by section 909 of this title, the following:

``SEC. 212. JUDICIAL REVIEW.

    ``(a) In General.--Chapter 7 of title 5, United States Code, is not 
applicable to any action taken by the Secretary under this title, 
except that--
            ``(1) review of any final agency action of the Secretary 
        taken pursuant to sections 210(c)(1) and 210(c)(2) may be had 
        only by the filing of a complaint by an interested person in 
        the United States District Court for the appropriate district; 
        any such complaint must be filed within 30 days of the date 
        such final agency action is taken; and
            ``(2) review of any final agency action of the Secretary 
        taken pursuant to other provisions of this title may be had by 
        the filing of a petition for review by an interested person in 
        the Circuit Court of Appeals of the United States for the 
        federal judicial district in which such person resides or 
        transact business which is directly affected by the action 
        taken; such petition shall be filed within 120 days from the 
        date such final agency action is taken.
    ``(b) No Review in Enforcement Proceedings.--Final agency action 
with respect to which review could have been obtained under subsection 
(a)(2) shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.
    ``(c) Cost of Litigation.--In any judicial proceeding under 
subsection (a), the court may award costs of litigation (including 
reasonable attorney and expert witness fees) to any prevailing party 
whenever it determines that such award is appropriate.''.

   DIVISION B--REDUCING OIL CONSUMPTION AND IMPROVING ENERGY SECURITY

      TITLE XX--NATURAL GAS VEHICLE AND INFRASTRUCTURE DEVELOPMENT

SEC. 2001. DEFINITIONS.

    In this title:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Incremental cost.--The term ``incremental cost'' means 
        the difference between--
                    (A) the suggested retail price of a manufacturer 
                for a qualified alternative fuel vehicle; and
                    (B) the suggested retail price of a manufacturer 
                for a vehicle that is--
                            (i) powered solely by a gasoline or diesel 
                        internal combustion engine; and
                            (ii) comparable in weight, size, and use to 
                        the vehicle.
            (3) Mixed-fuel vehicle.--The term ``mixed-fuel vehicle'' 
        means a mixed-fuel vehicle (as defined in section 30B(e)(5)(B) 
        of the Internal Revenue Code of 1986) (including vehicles with 
        a gross vehicle weight rating of 14,000 pounds or less) that 
        uses a fuel mix that is comprised of at least 75 percent 
        compressed natural gas or liquefied natural gas.
            (4) Natural gas refueling property.--The term ``natural gas 
        refueling property'' means units that dispense at least 85 
        percent by volume of natural gas, compressed natural gas, or 
        liquefied natural gas as a transportation fuel.
            (5) Qualified alternative fuel vehicle.--The term 
        ``qualified alternative fuel vehicle'' means a vehicle 
        manufactured for use in the United States that is--
                    (A) a new compressed natural gas- or liquefied 
                natural gas-fueled vehicle that is only capable of 
                operating on natural gas;
                    (B) a vehicle that is capable of operating for more 
                than 175 miles on 1 fueling of compressed or liquefied 
                natural gas and is capable of operating on gasoline or 
                diesel fuel, including vehicles with a gross vehicle 
                weight rating of 14,000 pounds or less.
            (6) Qualified manufacturer.--The term ``qualified 
        manufacturer'' means a manufacturer of qualified alternative 
        fuel vehicles or any component designed specifically for use in 
        a qualified alternative fuel vehicle.
            (7) Qualified owner.--The term ``qualified owner'' means an 
        individual that purchases a qualified alternative fuel vehicle 
        for use or lease in the United States but not for resale.
            (8) Qualified refueler.--The term ``qualified refueler'' 
        means the owner or operator of natural gas refueling property.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 2002. PROGRAM ESTABLISHMENT.

    (a) In General.--There is established within the Department a 
Natural Gas Vehicle and Infrastructure Development Program for the 
purpose of facilitating the use of natural gas in the United States as 
an alternative transportation fuel, in order to achieve the maximum 
feasible reduction in domestic oil use.
    (b) Conversion or Repowering of Vehicles.--The Secretary shall 
establish a rebate program under this title for qualified owners who 
convert or repower a conventionally fueled vehicle to operate on 
compressed natural gas or liquefied natural gas, or to a mixed-fuel 
vehicle or a bi-fuel vehicle.

SEC. 2003. REBATES.

    (a) Interim Final Rule.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall promulgate an 
        interim final rule establishing regulations that the Secretary 
        considers necessary to administer the rebates required under 
        this section.
            (2) Administration.--The interim final rule shall establish 
        a program that provides--
                    (A) rebates to qualified owners for the purchase of 
                qualified alternative fuel vehicles; and
                    (B) priority to those vehicles that the Secretary 
                determines are most likely to achieve the shortest 
                payback time on investment and the greatest market 
                penetration for natural gas vehicles.
            (3) Allocation.--Of the amount allocated for rebates under 
        this section, not more than 25 percent shall be used to provide 
        rebates to qualified owners for the purchase of qualified 
        alternative fuel vehicles that have a gross vehicle rating of 
        not more than 8,500 pounds.
    (b) Rebates.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall provide rebates for 90 percent of the incremental cost of 
        a qualified alternative fuel vehicle to a qualified owner for 
        the purchase of a qualified alternative fuel vehicles.
            (2) Maximum values.--
                    (A) Natural gas vehicles.--The maximum value of a 
                rebate under this section provided to a qualified owner 
                who places a qualified alternative fuel vehicle into 
                service by 2013 shall be--
                            (i) $8,000 for each qualified alternative 
                        fuel vehicle with a gross vehicle weight rating 
                        of not more than 8,500 pounds;
                            (ii) $16,000 for each qualified alternative 
                        fuel vehicle with a gross vehicle weight rating 
                        of more than 8,500 but not more than 14,000 
                        pounds;
                            (iii) $40,000 for each qualified 
                        alternative fuel vehicle with a gross vehicle 
                        weight rating of more than 14,000 but not more 
                        than 26,000 pounds; and
                            (iv) $64,000 for each qualified alternative 
                        fuel vehicle with a gross vehicle weight rating 
                        of more than 26,000 pounds.
                    (B) Mixed-fuel vehicles.--The maximum value of a 
                rebate under this section provided to a qualified owner 
                who places a qualified alternative fuel vehicle that is 
                a mixed-fuel vehicle into service by 2015 shall be 75 
                percent of the amount provided for rebates under this 
                section for vehicles that are only capable of operating 
                on natural gas.
                    (C) Bi-fuel vehicles.--The maximum value of a 
                rebate under this section provided to a qualified owner 
                of a vehicle described in section 2001(5)(B) shall be 
                50 percent of the amount provided for rebates under 
                this section for vehicles that are only capable of 
                operating on natural gas.
    (c) Treatment of Rebates.--For purposes of the Internal Revenue 
Code of 1986, rebates received for qualified alternative fuel vehicles 
under this section--
            (1) shall not be considered taxable income to a qualified 
        owner;
            (2) shall prohibit the qualified owner from applying for 
        any tax credit allowed under that Code for the same qualified 
        alternative fuel vehicle; and
            (3) shall be considered a credit described in paragraph (2) 
        for purposes of any limitation on the amount of the credit.
    (d) Funding.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $3,800,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 

SEC. 2004. INFRASTRUCTURE AND DEVELOPMENT GRANTS.

    (a) Interim Final Rule.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall promulgate an interim final 
rule establishing an infrastructure deployment program and a 
manufacturing development program, and any implementing regulations 
that the Secretary considers necessary, to achieve the maximum 
practicable cost-effective program to provide grants under this 
section.
    (b) Grants.--The Secretary shall provide--
            (1) grants of up to $50,000 per unit to qualified refuelers 
        for the installation of natural gas refueling property placed 
        in service between 2011 and 2015; and
            (2) grants in amounts determined to be appropriate by the 
        Secretary to qualified manufacturers for research, development, 
        and demonstration projects on engines with reduced emissions, 
        improved performance, and lower cost.
    (c) Cost Sharing.--Grants under this section shall be subject to 
the cost-sharing requirements of section 988 of the Energy Policy Act 
of 2005 (42 U.S.C. 16352).
    (d) Monitoring.--The Secretary shall--
            (1) require regular reporting of such information as the 
        Secretary considers necessary to effectively administer the 
        program from grant recipients under this section; and
            (2) conduct on-site and off-site monitoring to ensure 
        compliance with grant terms.
    (e) Funding.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $500,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation. 

SEC. 2005. LOAN PROGRAM TO ENHANCE DOMESTIC MANUFACTURING.

    (a) Interim Final Rule.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall promulgate an interim final 
rule establishing a direct loan program to provide loans to qualified 
manufacturers to pay not more than 80 percent of the cost of 
reequipping, expanding, or establishing a facility in the United States 
that will be used for the purpose of producing any new qualified 
alternative fuel motor vehicle or any eligible component.
    (b) Overall Commitment Limit.--Commitments for direct loans under 
this section shall not exceed $2,000,000,000 in total loan principal.
    (c) Cost of Direct Loans.--The cost of direct loans under this 
section (including the cost of modifying the loans) shall be determined 
in accordance with section 502 of the Federal Credit Reform Act of 1990 
(2 U.S.C. 661a).
    (d) Additional Financial and Technical Personnel.--Section 621(d) 
of the Department of Energy Organization Act (42 U.S.C. 7231(d)) is 
amended by striking ``two hundred'' and inserting ``250''.
    (e) Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, on October 1, 2010, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary for the cost of loans to carry out 
        this section $200,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.

                 TITLE XXI--PROMOTING ELECTRIC VEHICLES

SEC. 2101. SHORT TITLE.

    This title may be cited as the ``Promoting Electric Vehicles Act of 
2010''.

SEC. 2102. DEFINITIONS.

    In this title:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (2) Charging infrastructure.--The term ``charging 
        infrastructure'' means any property (not including a building) 
        if the property is used for the recharging of plug-in electric 
        drive vehicles, including electrical panel upgrades, wiring, 
        conduit, trenching, pedestals, and related equipment.
            (3) Committee.--The term ``Committee'' means the Plug-in 
        Electric Drive Vehicle Technical Advisory Committee established 
        by section 2134.
            (4) Deployment community.--The term ``deployment 
        community'' means a community selected by the Secretary to be 
        part of the targeted plug-in electric drive vehicles deployment 
        communities program under section 2116.
            (5) Electric utility.--The term ``electric utility'' has 
        the meaning given the term in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
            (6) Federal-aid system of highways.--The term ``Federal-aid 
        system of highways'' means a highway system described in 
        section 103 of title 23, United States Code.
            (7) Plug-in electric drive vehicle.--
                    (A) In general.--The term ``plug-in electric drive 
                vehicle'' has the meaning given the term in section 
                131(a)(5) of the Energy Independence and Security Act 
                of 2007 (42 U.S.C. 17011(a)(5)).
                    (B) Inclusions.--The term ``plug-in electric drive 
                vehicle'' includes--
                            (i) low speed plug-in electric drive 
                        vehicles that meet the Federal Motor Vehicle 
                        Safety Standards described in section 571.500 
                        of title 49, Code of Federal Regulations (or 
                        successor regulations); and
                            (ii) any other electric drive motor vehicle 
                        that can be recharged from an external source 
                        of motive power and that is authorized to 
                        travel on the Federal-aid system of highways.
            (8) Prize.--The term ``Prize'' means the Advanced Batteries 
        for Tomorrow Prize established by section 2122.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (10) Task force.--The term ``Task Force'' means the Plug-in 
        Electric Drive Vehicle Interagency Task Force established by 
        section 2135.

Subtitle A--National Plug-in Electric Drive Vehicle Deployment Program.

SEC. 2111. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM.

    (a) In General.--There is established within the Department of 
Energy a national plug-in electric drive vehicle deployment program for 
the purpose of assisting in the deployment of plug-in electric drive 
vehicles.
    (b) Goals.--The goals of the national program described in 
subsection (a) include--
            (1) the reduction and displacement of petroleum use by 
        accelerating the deployment of plug-in electric drive vehicles 
        in the United States;
            (2) the reduction of greenhouse gas emissions by 
        accelerating the deployment of plug-in electric drive vehicles 
        in the United States;
            (3) the facilitation of the rapid deployment of plug-in 
        electric drive vehicles;
            (4) the achievement of significant market penetrations by 
        plug-in electric drive vehicles nationally;
            (5) the establishment of models for the rapid deployment of 
        plug-in electric drive vehicles nationally, including models 
        for the deployment of residential, private, and publicly 
        available charging infrastructure;
            (6) the increase of consumer knowledge and acceptance of 
        plug-in electric drive vehicles;
            (7) the encouragement of the innovation and investment 
        necessary to achieve mass market deployment of plug-in electric 
        drive vehicles;
            (8) the facilitation of the integration of plug-in electric 
        drive vehicles into electricity distribution systems and the 
        larger electric grid while maintaining grid system performance 
        and reliability;
            (9) the provision of technical assistance to communities 
        across the United States to prepare for plug-in electric drive 
        vehicles; and
            (10) the support of workforce training across the United 
        States relating to plug-in electric drive vehicles.
    (c) Duties.--In carrying out this subtitle, the Secretary shall--
            (1) provide technical assistance to State, local, and 
        tribal governments that want to create deployment programs for 
        plug-in electric drive vehicles in the communities over which 
        the governments have jurisdiction;
            (2) perform national assessments of the potential 
        deployment of plug-in electric drive vehicles under section 
        2112;
            (3) synthesize and disseminate data from the deployment of 
        plug-in electric drive vehicles;
            (4) develop best practices for the successful deployment of 
        plug-in electric drive vehicles;
            (5) carry out workforce training under section 2114;
            (6) establish the targeted plug-in electric drive vehicle 
        deployment communities program under section 2116; and
            (7) in conjunction with the Task Force, make 
        recommendations to Congress and the President on methods to 
        reduce the barriers to plug-in electric drive vehicle 
        deployment.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act and biennially thereafter, the Secretary shall submit to 
the appropriate committees of Congress a report on the progress made in 
implementing the national program described in subsection (a) that 
includes--
            (1) a description of the progress made by--
                    (A) the technical assistance program under section 
                2113; and
                    (B) the workforce training program under section 
                2114; and
            (2) any updated recommendations of the Secretary for 
        changes in Federal programs to promote the purposes of this 
        subtitle.
    (e) National Information Clearinghouse.--The Secretary shall make 
available to the public, in a timely manner, information regarding--
            (1) the cost, performance, usage data, and technical data 
        regarding plug-in electric drive vehicles and associated 
        infrastructure, including information from the deployment 
        communities established under section 2116; and
            (2) any other educational information that the Secretary 
        determines to be appropriate.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out sections 2111 through 2113 $100,000,000 for 
the period of fiscal years 2011 through 2016.

SEC. 2112. NATIONAL ASSESSMENT AND PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall carry out a national assessment and 
develop a national plan for plug-in electric drive vehicle deployment 
that includes--
            (1) an assessment of the maximum feasible deployment of 
        plug-in electric drive vehicles by 2020 and 2030;
            (2) the establishment of national goals for market 
        penetration of plug-in electric drive vehicles by 2020 and 
        2030;
            (3) a plan for integrating the successes and barriers to 
        deployment identified by the deployment communities program 
        established under section 2116 to prepare communities across 
        the Nation for the rapid deployment of plug-in electric drive 
        vehicles;
            (4) a plan for providing technical assistance to 
        communities across the United States to prepare for plug-in 
        electric drive vehicle deployment;
            (5) a plan for quantifying the reduction in petroleum 
        consumption and the net impact on greenhouse gas emissions due 
        to the deployment of plug-in electric drive vehicles; and
            (6) in consultation with the Task Force, any 
        recommendations to the President and to Congress for changes in 
        Federal programs (including laws, regulations, and 
        guidelines)--
                    (A) to better promote the deployment of plug-in 
                electric drive vehicles; and
                    (B) to reduce barriers to the deployment of plug-in 
                electric drive vehicles.
    (b) Updates.--Not later than 2 years after the date of development 
of the plan described in subsection (a), and not less frequently than 
once every 2 years thereafter, the Secretary shall use market data and 
information from the targeted plug-in electric drive vehicle deployment 
communities program established under section 2116 and other relevant 
data to update the plan to reflect real world market conditions.

SEC. 2113. TECHNICAL ASSISTANCE.

    (a) Technical Assistance to State, Local, and Tribal Governments.--
            (1) In general.--In carrying out this subtitle, the 
        Secretary shall provide, at the request of the Governor, Mayor, 
        county executive, or the designee of such an official, 
        technical assistance to State, local, and tribal governments to 
        assist with the deployment of plug-in electric drive vehicles.
            (2) Requirements.--The technical assistance described in 
        paragraph (1) shall include--
                    (A) training on codes and standards for building 
                and safety inspectors;
                    (B) training on best practices for expediting 
                permits and inspections;
                    (C) education and outreach on frequently asked 
                questions relating to the various types of plug-in 
                electric drive vehicles and associated infrastructure, 
                battery technology, and disposal; and
                    (D) the dissemination of information regarding best 
                practices for the deployment of plug-in electric drive 
                vehicles.
            (3) Priority.--In providing technical assistance under this 
        subsection, the Secretary shall give priority to--
                    (A) communities that have established public and 
                private partnerships, including partnerships comprised 
                of--
                            (i) elected and appointed officials from 
                        each of the participating State, local, and 
                        tribal governments;
                            (ii) relevant generators and distributors 
                        of electricity;
                            (iii) public utility commissions;
                            (iv) departments of public works and 
                        transportation;
                            (v) owners and operators of property that 
                        will be essential to the deployment of a 
                        sufficient level of publicly available charging 
                        infrastructure (including privately owned 
                        parking lots or structures and commercial 
                        entities with public access locations);
                            (vi) plug-in electric drive vehicle 
                        manufacturers or retailers;
                            (vii) third-party providers of charging 
                        infrastructure or services;
                            (viii) owners of any major fleet that will 
                        participate in the program;
                            (ix) as appropriate, owners and operators 
                        of regional electric power distribution and 
                        transmission facilities; and
                            (x) other existing community coalitions 
                        recognized by the Department of Energy;
                    (B) communities that, as determined by the 
                Secretary, have best demonstrated that the public is 
                likely to embrace plug-in electric drive vehicles, 
                giving particular consideration to communities that--
                            (i) have documented waiting lists to 
                        purchase plug-in electric drive vehicles;
                            (ii) have developed projections of the 
                        quantity of plug-in electric drive vehicles 
                        supplied to dealers; and
                            (iii) have assessed the quantity of 
                        charging infrastructure installed or for which 
                        permits have been issued;
                    (C) communities that have shown a commitment to 
                serving diverse consumer charging infrastructure needs, 
                including the charging infrastructure needs for single- 
                and multi-family housing and public and privately owned 
                commercial infrastructure; and
                    (D) communities that have established regulatory 
                and educational efforts to facilitate consumer 
                acceptance of plug-in electric drive vehicles, 
                including by--
                            (i) adopting (or being in the process of 
                        adopting) streamlined permitting and 
                        inspections processes for residential charging 
                        infrastructure; and
                            (ii) providing customer informational 
                        resources, including providing plug-in electric 
                        drive information on community or other 
                        websites.
            (4) Best practices.--The Secretary shall collect and 
        disseminate information to State, local, and tribal governments 
        creating plans to deploy plug-in electric drive vehicles on 
        best practices (including codes and standards) that uses data 
        from--
                    (A) the program established by section 2116;
                    (B) the activities carried out by the Task Force; 
                and
                    (C) existing academic and industry studies of the 
                factors that contribute to the successful deployment of 
                new technologies, particularly studies relating to 
                alternative fueled vehicles.
            (5) Grants.--
                    (A) In general.--The Secretary shall establish a 
                program to provide grants to State, local, and tribal 
                governments or to partnerships of government and 
                private entities to assist the governments and 
                partnerships--
                            (i) in preparing a community deployment 
                        plan under section 2116; and
                            (ii) in preparing and implementing programs 
                        that support the deployment of plug-in electric 
                        drive vehicles.
                    (B) Application.--A State, local, or tribal 
                government that seeks to receive a grant under this 
                paragraph shall submit to the Secretary an application 
                for the grant at such time, in such form, and 
                containing such information as the Secretary may 
                prescribe.
                    (C) Use of funds.--A State, local, or tribal 
                government receiving a grant under this paragraph shall 
                use the funds--
                            (i) to develop a community deployment plan 
                        that shall be submitted to the next available 
                        competition under section 2116; and
                            (ii) to carry out activities that encourage 
                        the deployment of plug-in electric drive 
                        vehicles including--
                                    (I) planning for and installing 
                                charging infrastructure, particularly 
                                to develop and demonstrate diverse and 
                                cost-effective planning, installation, 
                                and operations options for deployment 
                                of single family and multifamily 
                                residential, workplace, and publicly 
                                available charging infrastructure;
                                    (II) updating building, zoning, or 
                                parking codes and permitting or 
                                inspection processes;
                                    (III) workforce training, including 
                                the training of permitting officials;
                                    (IV) public education described in 
                                the proposed marketing plan;
                                    (V) shifting State, local, or 
                                tribal government fleets to plug-in 
                                electric drive vehicles, at a rate in 
                                excess of the existing alternative 
                                fueled fleet vehicles acquisition 
                                requirements for Federal fleets under 
                                section 303(b)(1)(D) of the Energy 
                                Policy Act of 1992 (42 U.S.C. 
                                13212(b)(1)(D)); and
                                    (VI) any other activities, as 
                                determined to be necessary by the 
                                Secretary.
                    (D) Criteria.--The Secretary shall develop and 
                publish criteria for the selection of technical 
                assistance grants, including requirements for the 
                submission of applications under this paragraph.
                    (E) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this paragraph.
    (b) Updating Model Building Codes, Permitting and Inspection 
Processes, and Zoning or Parking Rules.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        American Society of Heating, Refrigerating and Air-Conditioning 
        Engineers, the International Code Council, and any other 
        organizations that the Secretary determines to be appropriate, 
        shall develop and publish guidance for--
                    (A) model building codes for the inclusion of 
                separate circuits for charging infrastructure, as 
                appropriate, in new construction and major renovations 
                of private residences, buildings, or other structures 
                that could provide publicly available charging 
                infrastructure;
                    (B) model construction permitting or inspection 
                processes that allow for the expedited installation of 
                charging infrastructure for purchasers of plug-in 
                electric drive vehicles (including a permitting process 
                that allows a vehicle purchaser to have charging 
                infrastructure installed not later than 1 week after a 
                request); and
                    (C) model zoning, parking rules, or other local 
                ordinances that--
                            (i) facilitate the installation of publicly 
                        available charging infrastructure, including 
                        commercial entities that provide public access 
                        to infrastructure; and
                            (ii) allow for access to publicly available 
                        charging infrastructure.
            (2) Optional adoption.--An applicant for selection for 
        technical assistance under this section or as a deployment 
        community under section 2116 shall not be required to use the 
        model building codes, permitting and inspection processes, or 
        zoning, parking rules, or other ordinances included in the 
        report under paragraph (1).
            (3) Smart grid integration.--In developing the model codes 
        or ordinances described in paragraph (1), the Secretary shall 
        consider smart grid integration.

SEC. 2114. WORKFORCE TRAINING.

    (a) Maintenance and Support.--
            (1) In general.--The Secretary, in consultation with the 
        Committee and the Task Force, shall award grants to 
        institutions of higher education and other qualified training 
        and education institutions for the establishment of programs to 
        provide training and education for vocational workforce 
        development through centers of excellence.
            (2) Purpose.--Training funded under this subsection shall 
        be intended to ensure that the workforce has the necessary 
        skills needed to work on and maintain plug-in electric drive 
        vehicles and the infrastructure required to support plug-in 
        electric drive vehicles.
            (3) Scope.--Training funded under this subsection shall 
        include training for--
                    (A) first responders;
                    (B) electricians and contractors who will be 
                installing infrastructure;
                    (C) engineers;
                    (D) code inspection officials; and
                    (E) dealers and mechanics.
    (b) Design.--The Secretary shall award grants to institutions of 
higher education and other qualified training and education 
institutions for the establishment of programs to provide training and 
education in designing plug-in electric drive vehicles and associated 
components and infrastructure to ensure that the United States can lead 
the world in this field.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000.

SEC. 2115. FEDERAL FLEETS.

    (a) In General.--Electricity consumed by Federal agencies to fuel 
plug-in electric drive vehicles--
            (1) is an alternative fuel (as defined in section 301 of 
        the Energy Policy Act of 1992 (42 U.S.C. 13218)); and
            (2) shall be accounted for under Federal fleet management 
        reporting requirements, not under Federal building management 
        reporting requirements.
    (b) Assessment and Report.--Not later than 180 days after the date 
of enactment of this Act and every 3 years thereafter, the Federal 
Energy Management Program and the General Services Administration, in 
consultation with the Task Force, shall complete an assessment of 
Federal Government fleets, including the Postal Service and the 
Department of Defense, and submit a report to Congress that describes--
            (1) for each Federal agency, which types of vehicles the 
        agency uses that would or would not be suitable for near-term 
        and medium-term conversion to plug-in electric drive vehicles, 
        taking into account the types of vehicles for which plug-in 
        electric drive vehicles could provide comparable functionality 
        and lifecycle costs;
            (2) how many plug-in electric drive vehicles could be 
        deployed by the Federal Government in 5 years and in 10 years, 
        assuming that plug-in electric drive vehicles are available and 
        are purchased when new vehicles are needed or existing vehicles 
        are replaced;
            (3) the estimated cost to the Federal Government for 
        vehicle purchases under paragraph (2); and
            (4) a description of any updates to the assessment based on 
        new market data.
    (c) Inventory and Data Collection.--
            (1) In general.--In carrying out the assessment and report 
        under subsection (b), the Federal Energy Management Program, in 
        consultation with the General Services Administration, shall--
                    (A) develop an information request for each agency 
                that operates a fleet of at least 20 motor vehicles; 
                and
                    (B) establish guidelines for each agency to use in 
                developing a plan to deploy plug-in electric drive 
                vehicles.
            (2) Agency responses.--Each agency that operates a fleet of 
        at least 20 motor vehicles shall--
                    (A) collect information on the vehicle fleet of the 
                agency in response to the information request described 
                in paragraph (1); and
                    (B) develop a plan to deploy plug-in electric drive 
                vehicles.
            (3) Analysis of responses.--The Federal Energy Management 
        Program shall--
                    (A) analyze the information submitted by each 
                agency under paragraph (2);
                    (B) approve or suggest amendments to the plan of 
                each agency to ensure that the plan is consistent with 
                the goals and requirements of this title; and
                    (C) submit a plan to Congress and the General 
                Services Administration to be used in developing the 
                pilot program described in subsection (e).
    (d) Budget Request.--Each agency of the Federal Government shall 
include plug-in electric drive vehicle purchases identified in the 
report under subsection (b) in the budget of the agency to be included 
in the budget of the United States Government submitted by the 
President under section 1105 of title 31, United States Code.
    (e) Pilot Program To Deploy Plug-In Electric Drive Vehicles in the 
Federal Fleet.--
            (1) Program.--
                    (A) In general.--The Administrator of General 
                Services shall acquire plug-in electric drive vehicles 
                and the requisite charging infrastructure to be 
                deployed in a range of locations in Federal Government 
                fleets, which may include the United States Postal 
                Service and the Department of Defense, during the 5-
                year period beginning on the date of enactment of this 
                Act.
                    (B) Expenditures.--To the maximum extent 
                practicable, expenditures under this paragraph should 
                make a contribution to the advancement of manufacturing 
                of electric drive components and vehicles in the United 
                States.
            (2) Data collection.--The Administrator of General Services 
        shall collect data regarding--
                    (A) the cost, performance, and use of plug-in 
                electric drive vehicles in the Federal fleet;
                    (B) the deployment and integration of plug-in 
                electric drive vehicles in the Federal fleet; and
                    (C) the contribution of plug-in electric drive 
                vehicles in the Federal fleet toward reducing the use 
                of fossil fuels and greenhouse gas emissions.
            (3) Report.--Not later than 6 years after the date of 
        enactment of this Act, the Administrator of General Services 
        shall submit to the appropriate committees of Congress a report 
        that--
                    (A) describes the status of plug-in electric drive 
                vehicles in the Federal fleet; and
                    (B) includes an analysis of the data collected 
                under this subsection.
            (4) Public web site.--The Federal Energy Management Program 
        shall maintain and regularly update a publicly available Web 
        site that provides information on the status of plug-in 
        electric drive vehicles in the Federal fleet.
    (f) Acquisition Priority.--Section 507(g) of the Energy Policy Act 
of 1992 (42 U.S.C. 13257(g)) is amended by adding at the end the 
following:
            ``(5) Priority.--The Secretary shall, to the maximum extent 
        practicable, prioritize the acquisition of plug-in electric 
        drive vehicles (as defined in section 131(a) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over 
        nonelectric alternative fueled vehicles.''.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated for use by the Federal Government in paying incremental 
costs to purchase or lease plug-in electric drive vehicles and the 
requisite charging infrastructure for Federal fleets $25,000,000.

SEC. 2116. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT 
              COMMUNITIES PROGRAM.

    (a) Establishment.--
            (1) In general.--There is established within the national 
        plug-in electric drive deployment program established under 
        section 2111 a targeted plug-in electric drive vehicle 
        deployment communities program (referred to in this section as 
        the ``Program'').
            (2) Existing activities.--In carrying out the Program, the 
        Secretary shall coordinate and supplement, not supplant, any 
        ongoing plug-in electric drive deployment activities under 
        section 131 of the Energy Independence and Security Act of 2007 
        (42 U.S.C. 17011).
            (3) Phase 1.--
                    (A) In general.--The Secretary shall establish a 
                competitive process to select phase 1 deployment 
                communities for the Program.
                    (B) Eligible entities.--In selecting participants 
                for the Program under paragraph (1), the Secretary 
                shall only consider applications submitted by State, 
                tribal, or local government entities (or groups of 
                State, tribal, or local government entities).
                    (C) Selection.--Not later than 1 year after the 
                date of enactment of this Act and not later than 1 year 
                after the date on which any subsequent amounts are 
                appropriated for the Program, the Secretary shall 
                select the phase 1 deployment communities under this 
                paragraph.
                    (D) Termination.--Phase 1 of the Program shall be 
                carried out for a 3-year period beginning on the date 
                funding under this title is first provided to the 
                deployment community.
            (4) Phase 2.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report that analyzes the lessons learned in phase I and, if, 
        based on the phase I analysis, the Secretary determines that a 
        phase II program is warranted, makes recommendations and 
        describes a plan for phase II, including--
                    (A) recommendations regarding--
                            (i) options for the number of additional 
                        deployment communities that should be selected;
                            (ii) the manner in which criteria for 
                        selection should be updated;
                            (iii) the manner in which incentive 
                        structures for phase 2 deployment should be 
                        changed; and
                            (iv) whether other forms of onboard energy 
                        storage for electric drive vehicles, such as 
                        fuel cells, should be included in phase 2; and
                    (B) a request for appropriations to implement phase 
                2 of the Program.
    (b) Goals.--The goals of the Program are--
            (1) to facilitate the rapid deployment of plug-in electric 
        drive vehicles, including--
                    (A) the deployment of 400,000 plug-in electric 
                drive vehicles in phase 1 in the deployment communities 
                selected under paragraph (2);
                    (B) the near-term achievement of significant market 
                penetration in deployment communities; and
                    (C) supporting the achievement of significant 
                market penetration nationally;
            (2) to establish models for the rapid deployment of plug-in 
        electric drive vehicles nationally, including for the 
        deployment of single-family and multifamily residential, 
        workplace, and publicly available charging infrastructure;
            (3) to increase consumer knowledge and acceptance of, and 
        exposure to, plug-in electric drive vehicles;
            (4) to encourage the innovation and investment necessary to 
        achieve mass market deployment of plug-in electric drive 
        vehicles;
            (5) to demonstrate the integration of plug-in electric 
        drive vehicles into electricity distribution systems and the 
        larger electric grid while maintaining or improving grid system 
        performance and reliability;
            (6) to demonstrate protocols and communication standards 
        that facilitate vehicle integration into the grid and provide 
        seamless charging for consumers traveling through multiple 
        utility distribution systems;
            (7) to investigate differences among deployment communities 
        and to develop best practices for implementing vehicle 
        electrification in various communities, including best 
        practices for planning for and facilitating the construction of 
        residential, workplace, and publicly available infrastructure 
        to support plug-in electric drive vehicles;
            (8) to collect comprehensive data on the purchase and use 
        of plug-in electric drive vehicles, including charging profile 
        data at unit and aggregate levels, to inform best practices for 
        rapidly deploying plug-in electric drive vehicles in other 
        locations, including for the installation of charging 
        infrastructure;
            (9) to reduce and displace petroleum use and reduce 
        greenhouse gas emissions by accelerating the deployment of 
        plug-in electric drive vehicles in the United States; and
            (10) to increase domestic manufacturing capacity and 
        commercialization in a manner that will establish the United 
        States as a world leader in plug-in electric drive vehicle 
        technologies.
    (c) Phase 1 Deployment Community Selection Criteria.--
            (1) In general.--The Secretary shall ensure, to the maximum 
        extent practicable, that selected deployment communities in 
        phase 1 serve as models of deployment for various communities 
        across the United States.
            (2) Selection.--In selecting communities under this 
        section, the Secretary--
                    (A) shall ensure, to the maximum extent 
                practicable, that--
                            (i) the combination of selected communities 
                        is diverse in population density, demographics, 
                        urban and suburban composition, typical 
                        commuting patterns, climate, and type of 
                        utility (including investor-owned, publicly-
                        owned, cooperatively-owned, distribution-only, 
                        and vertically integrated utilities);
                            (ii) the combination of selected 
                        communities is diverse in geographic 
                        distribution, and at least 1 deployment 
                        community is located in each Petroleum 
                        Administration for Defense District;
                            (iii) at least 1 community selected has a 
                        population of less than 125,000;
                            (iv) grants are of a sufficient amount such 
                        that each deployment community will achieve 
                        significant market penetration; and
                            (v) the deployment communities are 
                        representative of other communities across the 
                        United States;
                    (B) is encouraged to select a combination of 
                deployment communities that includes multiple models or 
                approaches for deploying plug-in electric drive 
                vehicles that the Secretary believes are reasonably 
                likely to be effective, including multiple approaches 
                to the deployment of charging infrastructure;
                    (C) in addition to the criteria described in 
                subparagraph (A), may give preference to applicants 
                proposing a greater non-Federal cost share; and
                    (D) when considering deployment community plans, 
                shall take into account previous Department of Energy 
                and other Federal investments to ensure that the 
                maximum domestic benefit from Federal investments is 
                realized.
            (3) Criteria.--
                    (A) In general.--Not later than 120 days after the 
                date of enactment of this Act, and not later than 90 
                days after the date on which any subsequent amounts are 
                appropriated for the Program, the Secretary shall 
                publish criteria for the selection of deployment 
                communities that include requirements that applications 
                be submitted by a State, tribal, or local government 
                entity (or groups of State, tribal, or local government 
                entities).
                    (B) Application requirements.--The criteria 
                published by the Secretary under subparagraph (A) shall 
                include application requirements that, at a minimum, 
                include--
                            (i) goals for--
                                    (I) the number of plug-in electric 
                                drive vehicles to be deployed in the 
                                community;
                                    (II) the expected percentage of 
                                light-duty vehicle sales that would be 
                                sales of plug-in electric drive 
                                vehicles; and
                                    (III) the adoption of plug-in 
                                electric drive vehicles (including 
                                medium- or heavy-duty vehicles) in 
                                private and public fleets during the 3-
                                year duration of the Program;
                            (ii) data that demonstrate that--
                                    (I) the public is likely to embrace 
                                plug-in electric drive vehicles, which 
                                may include--
                                            (aa) the quantity of plug-
                                        in electric drive vehicles 
                                        purchased;
                                            (bb) the number of 
                                        individuals on a waiting list 
                                        to purchase a plug-in electric 
                                        drive vehicle;
                                            (cc) projections of the 
                                        quantity of plug-in electric 
                                        drive vehicles supplied to 
                                        dealers; and
                                            (dd) any assessment of the 
                                        quantity of charging 
                                        infrastructure installed or for 
                                        which permits have been issued; 
                                        and
                                    (II) automobile manufacturers and 
                                dealers will be able to provide and 
                                service the targeted number of plug-in 
                                electric drive vehicles in the 
                                community for the duration of the 
                                program;
                            (iii) clearly defined geographic boundaries 
                        of the proposed deployment area;
                            (iv) a community deployment plan for the 
                        deployment of plug-in electric drive vehicles, 
                        charging infrastructure, and services in the 
                        deployment community;
                            (v) assurances that a majority of the 
                        vehicle deployments anticipated in the plan 
                        will be personal vehicles authorized to travel 
                        on the United States Federal-aid system of 
                        highways, and secondarily, private or public 
                        sector plug-in electric drive fleet vehicles, 
                        but may also include--
                                    (I) medium- and heavy-duty plug-in 
                                hybrid vehicles;
                                    (II) low speed plug-in electric 
                                drive vehicles that meet Federal Motor 
                                Vehicle Safety Standards described in 
                                section 571.500 of title 49, Code of 
                                Federal Regulations; and
                                    (III) any other plug-in electric 
                                drive vehicle authorized to travel on 
                                the United States Federal-aid system of 
                                highways; and
                            (vi) any other merit-based criteria, as 
                        determined by the Secretary.
            (4) Community deployment plans.--Plans for the deployment 
        of plug-in electric drive vehicles shall include--
                    (A) a proposed level of cost sharing in accordance 
                with subsection (d)(2)(C);
                    (B) documentation demonstrating a substantial 
                partnership with relevant stakeholders, including--
                            (i) a list of stakeholders that includes--
                                    (I) elected and appointed officials 
                                from each of the participating State, 
                                local, and tribal governments;
                                    (II) all relevant generators and 
                                distributors of electricity;
                                    (III) State utility regulatory 
                                authorities;
                                    (IV) departments of public works 
                                and transportation;
                                    (V) owners and operators of 
                                property that will be essential to the 
                                deployment of a sufficient level of 
                                publicly available charging 
                                infrastructure (including privately 
                                owned parking lots or structures and 
                                commercial entities with public access 
                                locations);
                                    (VI) plug-in electric drive vehicle 
                                manufacturers or retailers;
                                    (VII) third-party providers of 
                                residential, workplace, private, and 
                                publicly available charging 
                                infrastructure or services;
                                    (VIII) owners of any major fleet 
                                that will participate in the program;
                                    (IX) as appropriate, owners and 
                                operators of regional electric power 
                                distribution and transmission 
                                facilities; and
                                    (X) as appropriate, other existing 
                                community coalitions recognized by the 
                                Department of Energy;
                            (ii) evidence of the commitment of the 
                        stakeholders to participate in the partnership;
                            (iii) a clear description of the role and 
                        responsibilities of each stakeholder; and
                            (iv) a plan for continuing the engagement 
                        and participation of the stakeholders, as 
                        appropriate, throughout the implementation of 
                        the deployment plan;
                    (C) a description of the number of plug-in electric 
                drive vehicles anticipated to be plug-in electric drive 
                personal vehicles and the number of plug-in electric 
                drive vehicles anticipated to be privately owned fleet 
                or public fleet vehicles;
                    (D) a plan for deploying residential, workplace, 
                private, and publicly available charging 
                infrastructure, including--
                            (i) an assessment of the number of 
                        consumers who will have access to private 
                        residential charging infrastructure in single-
                        family or multifamily residences;
                            (ii) options for accommodating plug-in 
                        electric drive vehicle owners who are not able 
                        to charge vehicles at their place of residence;
                            (iii) an assessment of the number of 
                        consumers who will have access to workplace 
                        charging infrastructure;
                            (iv) a plan for ensuring that the charging 
                        infrastructure or plug-in electric drive 
                        vehicle be able to send and receive the 
                        information needed to interact with the grid 
                        and be compatible with smart grid technologies 
                        to the extent feasible;
                            (v) an estimate of the number and 
                        dispersion of publicly and privately owned 
                        charging stations that will be publicly or 
                        commercially available;
                            (vi) an estimate of the quantity of 
                        charging infrastructure that will be privately 
                        funded or located on private property; and
                            (vii) a description of equipment to be 
                        deployed, including assurances that, to the 
                        maximum extent practicable, equipment to be 
                        deployed will meet open, nonproprietary 
                        standards for connecting to plug-in electric 
                        drive vehicles that are either--
                                    (I) commonly accepted by industry 
                                at the time the equipment is being 
                                acquired; or
                                    (II) meet the standards developed 
                                by the Director of the National 
                                Institute of Standards and Technology 
                                under section 1305 of the Energy 
                                Independence and Security Act of 2007 
                                (42 U.S.C. 17385);
                    (E) a plan for effective marketing of and consumer 
                education relating to plug-in electric drive vehicles, 
                charging services, and infrastructure;
                    (F) descriptions of updated building codes (or a 
                plan to update building codes before or during the 
                grant period) to include charging infrastructure or 
                dedicated circuits for charging infrastructure, as 
                appropriate, in new construction and major renovations;
                    (G) descriptions of updated construction permitting 
                or inspection processes (or a plan to update 
                construction permitting or inspection processes) to 
                allow for expedited installation of charging 
                infrastructure for purchasers of plug-in electric drive 
                vehicles, including a permitting process that allows a 
                vehicle purchaser to have charging infrastructure 
                installed in a timely manner;
                    (H) descriptions of updated zoning, parking rules, 
                or other local ordinances as are necessary to 
                facilitate the installation of publicly available 
                charging infrastructure and to allow for access to 
                publicly available charging infrastructure, as 
                appropriate;
                    (I) a plan to ensure that each resident in a 
                deployment community who purchases and registers a new 
                plug-in electric drive vehicle throughout the duration 
                of the deployment community receives, in addition to 
                any Federal incentives, consumer benefits that may 
                include--
                            (i) a rebate of part of the purchase price 
                        of the vehicle;
                            (ii) reductions in sales taxes or 
                        registration fees;
                            (iii) rebates or reductions in the costs of 
                        permitting, purchasing, or installing home 
                        plug-in electric drive vehicle charging 
                        infrastructure; and
                            (iv) rebates or reductions in State or 
                        local toll road access charges;
                    (J) additional consumer benefits, such as preferred 
                parking spaces or single-rider access to high-occupancy 
                vehicle lanes for plug-in electric drive vehicles;
                    (K) a proposed plan for making necessary utility 
                and grid upgrades, including economically sound and 
                cybersecure information technology upgrades and 
                employee training, and a plan for recovering the cost 
                of the upgrades;
                    (L) a description of utility, grid operator, or 
                third-party charging service provider, policies and 
                plans for accommodating the deployment of plug-in 
                electric drive vehicles, including--
                            (i) rate structures or provisions and 
                        billing protocols for the charging of plug-in 
                        electric drive vehicles;
                            (ii) analysis of potential impacts to the 
                        grid;
                            (iii) plans for using information 
                        technology or third-party aggregators--
                                    (I) to minimize the effects of 
                                charging on peak loads;
                                    (II) to enhance reliability; and
                                    (III) to provide other grid 
                                benefits;
                            (iv) plans for working with smart grid 
                        technologies or third-party aggregators for the 
                        purposes of smart charging and for allowing 2-
                        way communication;
                    (M) a deployment timeline;
                    (N) a plan for monitoring and evaluating the 
                implementation of the plan, including metrics for 
                assessing the success of the deployment and an approach 
                to updating the plan, as appropriate; and
                    (O) a description of the manner in which any grant 
                funds applied for under subsection (d) will be used and 
                the proposed local cost share for the funds.
    (d) Phase 1 Applications and Grants.--
            (1) Applications.--
                    (A) In general.--Not later than 150 days after the 
                date of publication by the Secretary of selection 
                criteria described in subsection (c)(3), any State, 
                tribal, or local government, or group of State, tribal, 
                or local governments may apply to the Secretary to 
                become a deployment community.
                    (B) Joint sponsorship.--
                            (i) In general.--An application submitted 
                        under subparagraph (A) may be jointly sponsored 
                        by electric utilities, automobile 
                        manufacturers, technology providers, carsharing 
                        companies or organizations, third-party plug-in 
                        electric drive vehicle service providers, or 
                        other appropriated entities.
                            (ii) Disbursement of grants.--A grant 
                        provided under this subsection shall only be 
                        disbursed to a State, tribal, or local 
                        government, or group of State, tribal, or local 
                        governments, regardless of whether the 
                        application is jointly sponsored under clause 
                        (i).
            (2) Grants.--
                    (A) In general.--In each application, the applicant 
                may request up to $100,000,000 in financial assistance 
                from the Secretary to fund projects in the deployment 
                community.
                    (B) Use of funds.--Funds provided through a grant 
                under this paragraph may be used to help implement the 
                plan for the deployment of plug-in electric drive 
                vehicles included in the application, including--
                            (i) planning for and installing charging 
                        infrastructure, including offering additional 
                        incentives as described in subsection 
                        (c)(4)(I);
                            (ii) updating building codes, zoning or 
                        parking rules, or permitting or inspection 
                        processes as described in subparagraphs (F), 
                        (G), and (H) of subsection (c)(4);
                            (iii) reducing the cost and increasing the 
                        consumer adoption of plug-in electric drive 
                        vehicles through incentives as described in 
                        subsection (c)(4)(I);
                            (iv) workforce training, including training 
                        of permitting officials;
                            (v) public education and marketing 
                        described in the proposed marketing plan;
                            (vi) shifting State, tribal, or local 
                        government fleets to plug-in electric drive 
                        vehicles, at a rate in excess of the existing 
                        alternative fueled fleet vehicle acquisition 
                        requirements for Federal fleets under section 
                        303(b)(1)(D) of the Energy Policy Act of 1992 
                        (42 U.S.C. 13212(b)(1)(D)); and
                            (vii) necessary utility and grid upgrades 
                        as described in subsection (c)(4)(K).
                    (C) Cost-sharing.--
                            (i) In general.--A grant provided under 
                        this paragraph shall be subject to a minimum 
                        non-Federal cost-sharing requirement of 20 
                        percent.
                            (ii) Non-federal sources.--The Secretary 
                        shall--
                                    (I) determine the appropriate cost 
                                share for each selected applicant; and
                                    (II) require that the Federal 
                                contribution to total expenditures on 
                                activities described in clauses (ii), 
                                (iv), (v), and (vi) of subparagraph (B) 
                                not exceed 30 percent.
                            (iii) Reduction.--The Secretary may reduce 
                        or eliminate the cost-sharing requirement 
                        described in clause (i), as the Secretary 
                        determines to be necessary.
                            (iv) Calculation of amount.--In calculating 
                        the amount of the non-Federal share under this 
                        section, the Secretary--
                                    (I) may include allowable costs in 
                                accordance with the applicable cost 
                                principles, including--
                                            (aa) cash;
                                            (bb) personnel costs;
                                            (cc) the value of a 
                                        service, other resource, or 
                                        third party in-kind 
                                        contribution determined in 
                                        accordance with the applicable 
                                        circular of the Office of 
                                        Management and Budget;
                                            (dd) indirect costs or 
                                        facilities and administrative 
                                        costs; or
                                            (ee) any funds received 
                                        under the power program of the 
                                        Tennessee Valley Authority or 
                                        any Power Marketing 
                                        Administration (except to the 
                                        extent that such funds are made 
                                        available under an annual 
                                        appropriation Act);
                                    (II) shall include contributions 
                                made by State, tribal, or local 
                                government entities and private 
                                entities; and
                                    (III) shall not include--
                                            (aa) revenues or royalties 
                                        from the prospective operation 
                                        of an activity beyond the time 
                                        considered in the grant;
                                            (bb) proceeds from the 
                                        prospective sale of an asset of 
                                        an activity; or
                                            (cc) other appropriated 
                                        Federal funds.
                            (v) Repayment of federal share.--The 
                        Secretary shall not require repayment of the 
                        Federal share of a cost-shared activity under 
                        this section as a condition of providing a 
                        grant.
                            (vi) Title to property.--The Secretary may 
                        vest title or other property interests acquired 
                        under projects funded under this title in any 
                        entity, including the United States.
            (3) Selection.--Not later than 120 days after an 
        application deadline has been established under paragraph (1), 
        the Secretary shall announce the names of the deployment 
        communities selected under this subsection.
    (e) Reporting Requirements.--
            (1) In general.--The Secretary, in consultation with the 
        Committee, shall--
                    (A) determine what data will be required to be 
                collected by participants in deployment communities and 
                submitted to the Department to allow for analysis of 
                the deployment communities;
                    (B) provide for the protection of consumer privacy, 
                as appropriate; and
                    (C) develop metrics to evaluate the performance of 
                the deployment communities.
            (2) Provision of data.--As a condition of participation in 
        the Program, a deployment community shall provide any data 
        identified by the Secretary under paragraph (1).
            (3) Reports.--Not later than 3 years after the date of 
        enactment of this Act and again after the completion of the 
        Program, the Secretary shall submit to Congress a report that 
        contains--
                    (A) a description of the status of--
                            (i) the deployment communities and the 
                        implementation of the deployment plan of each 
                        deployment community;
                            (ii) the rate of vehicle deployment and 
                        market penetration of plug-in electric drive 
                        vehicles; and
                            (iii) the deployment of residential and 
                        publicly available infrastructure;
                    (B) a description of the challenges experienced and 
                lessons learned from the program to date, including the 
                activities described in subparagraph (A); and
                    (C) an analysis of the data collected under this 
                subsection.
    (f) Proprietary Information.--The Secretary shall, as appropriate, 
provide for the protection of proprietary information and intellectual 
property rights.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000,000.
    (h) Conforming Amendment.--Section 166(b)(5) of title 23, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``Before September 30, 
        2009, the State'' and inserting ``The State''; and
            (2) in subparagraph (B), by striking ``Before September 30, 
        2009, the State'' and inserting ``The State''.

SEC. 2117. FUNDING.

    (a) Targeted Plug-in Electric Drive Vehicle Deployment Communities 
Program.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out section 
        2116 $400,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        section 2116 the funds transferred under paragraph (1), without 
        further appropriation.
    (b) Other Provisions.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        subtitle (other than section 2116) $100,000,000, to remain 
        available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this subtitle (other than section 2116) the funds transferred 
        under paragraph (1), without further appropriation.

                  Subtitle B--Research and Development

SEC. 2121. RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Research and Development Program.--
            (1) In general.--The Secretary, in consultation with the 
        Committee, shall establish a program to fund research and 
        development in advanced batteries, plug-in electric drive 
        vehicle components, plug-in electric drive infrastructure, and 
        other technologies supporting the development, manufacture, and 
        deployment of plug-in electric drive vehicles and charging 
        infrastructure.
            (2) Use of funds.--The program may include funding for--
                    (A) the development of low-cost, smart-charging and 
                vehicle-to-grid connectivity technology;
                    (B) the benchmarking and assessment of open 
                software systems using nationally established 
                evaluation criteria; and
                    (C) new technologies in electricity storage or 
                electric drive components for vehicles.
            (3) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the status of the program described in 
        paragraph (1).
    (b) Secondary Use Applications Program.--
            (1) In general.--The Secretary, in consultation with the 
        Committee, shall carry out a research, development, and 
        demonstration program that builds upon any work carried out 
        under section 915 of the Energy Policy Act of 2005 (42 U.S.C. 
        16195) and--
                    (A) identifies possible uses of a vehicle battery 
                after the useful life of the battery in a vehicle has 
                been exhausted;
                    (B) assesses the potential for markets for uses 
                described in subparagraph (A) to develop, as well as 
                any barriers to the development of the markets;
                    (C) identifies the infrastructure, technology, and 
                equipment needed to manage the charging activity of the 
                batteries used in stationary sources; and
                    (D) identifies the potential uses of a vehicle 
                battery--
                            (i) with the most promise for market 
                        development; and
                            (ii) for which market development would be 
                        aided by a demonstration project.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress an initial report on the 
        findings of the program described in paragraph (1), including 
        recommendations for stationary energy storage and other 
        potential applications for batteries used in plug-in electric 
        drive vehicles.
    (c) Secondary Use Demonstration Projects.--
            (1) In general.--Based on the results of the program 
        described in subsection (b), the Secretary, in consultation 
        with the Committee, shall develop guidelines for projects that 
        demonstrate the secondary uses of vehicle batteries.
            (2) Publication of guidelines.--Not later than 30 months 
        after the date of enactment of this Act, the Secretary shall--
                    (A) publish the guidelines described in paragraph 
                (1); and
                    (B) solicit applications for funding for 
                demonstration projects.
            (3) Grant program.--Not later than 38 months after the date 
        of enactment of this Act, the Secretary shall select proposals 
        for grant funding under this section, based on an assessment of 
        which proposals are mostly likely to contribute to the 
        development of a secondary market for batteries.
    (d) Materials Recycling Study.--
            (1) In general.--The Secretary, in consultation with the 
        Committee, shall carry out a study on the recycling of 
        materials from plug-in electric drive vehicles and the 
        batteries used in plug-in electric drive vehicles.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report on the findings of 
        the study described in paragraph (1).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,535,000,000, including--
            (1) $1,500,000,000 for use in conducting the program 
        described in subsection (a) for fiscal years 2011 through 2020;
            (2) $5,000,000 for use in conducting the program described 
        in subsection (b) for fiscal years 2011 through 2016;
            (3) $25,000,000 for use in providing grants described in 
        subsection (c) for fiscal years 2011 through 2020; and
            (4) $5,000,000 for use in conducting the study described in 
        subsection (d) for fiscal years 2011 through 2013.

SEC. 2122. ADVANCED BATTERIES FOR TOMORROW PRIZE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, as part of the program described in section 1008 of the 
Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall 
establish the Advanced Batteries for Tomorrow Prize to competitively 
award cash prizes in accordance with this section to advance the 
research, development, demonstration, and commercial application of a 
500-mile vehicle battery.
    (b) Battery Specifications.--
            (1) In general.--To be eligible for the Prize, a battery 
        submitted by an entrant shall be--
                    (A) able to power a plug-in electric drive vehicle 
                authorized to travel on the United States Federal-aid 
                system of highways for at least 500 miles before 
                recharging;
                    (B) of a size that would not be cost-prohibitive or 
                create space constraints, if mass-produced; and
                    (C) cost-effective (measured in cost per kilowatt 
                hour), if mass-produced.
            (2) Additional requirements.--The Secretary, in 
        consultation with the Committee, shall establish any additional 
        battery specifications that the Secretary and the Committee 
        determine to be necessary.
    (c) Private Funds.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding section 3302 of title 31, United States Code, 
        the Secretary may accept, retain, and use funds contributed by 
        any person, government entity, or organization for purposes of 
        carrying out this subsection--
                    (A) without further appropriation; and
                    (B) without fiscal year limitation.
            (2) Restriction on participation.--An entity providing 
        private funds for the Prize may not participate in the 
        competition for the Prize.
    (d) Technical Review.--The Secretary, in consultation with the 
Committee, shall establish a technical review committee composed of 
non-Federal officers to review data submitted by Prize entrants under 
this section and determine whether the data meets the prize 
specifications described in subsection (b).
    (e) Third Party Administration.--The Secretary may select, on a 
competitive basis, a third party to administer awards provided under 
this section.
    (f) Eligibility.--To be eligible for an award under this section--
            (1) in the case of a private entity, the entity shall be 
        incorporated in and maintain a primary place of business in the 
        United States; and
            (2) in the case of an individual (whether participating as 
        a single individual or in a group), the individual shall be a 
        citizen or lawful permanent resident of the United States.
    (g) Award Amounts.--
            (1) In general.--Subject to the availability of funds to 
        carry out this section, the amount of the Prize shall be 
        $10,000,000.
            (2) Breakthrough achievement awards.--In addition to the 
        award described in paragraph (1), the Secretary, in 
        consultation with the technical review committee established 
        under subsection (d), may award cash prizes, in amounts 
        determined by the Secretary, in recognition of breakthrough 
        achievements in research, development, demonstration, and 
        commercial application of--
                    (A) activities described in subsection (b); or
                    (B) advances in battery durability, energy density, 
                and power density.
    (h) 500-Mile Battery Award Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the ``500-mile Battery 
        Fund'' (referred to in this section as the ``Fund''), to be 
        administered by the Secretary, to be available without fiscal 
        year limitation and subject to appropriation, to award amounts 
        under this section.
            (2) Transfers to fund.--The Fund shall consist of--
                    (A) such amounts as are appropriated to the Fund 
                under subsection (i); and
                    (B) such amounts as are described in subsection (c) 
                and that are provided for the Fund.
            (3) Prohibition.--Amounts in the Fund may not be made 
        available for any purpose other than a purposes described in 
        subsection (a).
            (4) Annual reports.--
                    (A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2012, the Secretary shall submit a report on the 
                operation of the Fund during the fiscal year to--
                            (i) the Committees on Appropriations of the 
                        House of Representatives and of the Senate;
                            (ii) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (iii) the Committee on Energy and Commerce 
                        of the House of Representatives.
                    (B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            (i) A statement of the amounts deposited 
                        into the Fund.
                            (ii) A description of the expenditures made 
                        from the Fund for the fiscal year, including 
                        the purpose of the expenditures.
                            (iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                            (iv) A statement of the balance remaining 
                        in the Fund at the end of the fiscal year.
            (5) Separate appropriations account.--Section 1105(a) of 
        title 31, United States Code, is amended--
                    (A) by redesignating paragraphs (35) and (36) as 
                paragraphs (36) and (37), respectively;
                    (B) by redesignating the second paragraph (33) 
                (relating to obligational authority and outlays 
                requested for homeland security) as paragraph (35); and
                    (C) by adding at the end the following:
            ``(38) a separate statement for the 500-mile Battery Fund 
        established under section 8(h) of the `Promoting Electric 
        Vehicles Act of 2010', which shall include the estimated amount 
        of deposits into the Fund, obligations, and outlays from the 
        Fund.''.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated--
            (1) $10,000,000 to carry out subsection (g)(1); and
            (2) $1,000,000 to carry out subsection (g)(2).

SEC. 2123. STUDY ON THE SUPPLY OF RAW MATERIALS.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretary and the Task Force, shall conduct a study that--
            (1) identifies the raw materials needed for the manufacture 
        of plug-in electric drive vehicles, batteries, and other 
        components for plug-in electric drive vehicles, and for the 
        infrastructure needed to support plug-in electric drive 
        vehicles;
            (2) describes the primary or original sources and known 
        reserves and resources of those raw materials;
            (3) assesses, in consultation with the National Academy of 
        Sciences, the degree of risk to the manufacture, maintenance, 
        deployment, and use of plug-in electric drive vehicles 
        associated with the supply of those raw materials; and
            (4) identifies pathways to securing reliable and resilient 
        supplies of those raw materials.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to Congress a 
report that describes the results of the study.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $1,500,000.

SEC. 2124. STUDY ON THE COLLECTION AND PRESERVATION OF DATA COLLECTED 
              FROM PLUG-IN ELECTRIC DRIVE VEHICLES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Committee, shall enter into an agreement with the National Academy of 
Sciences under which the Academy shall conduct a study that--
            (1) identifies--
                    (A) the data that may be collected from plug-in 
                electric drive vehicles, including data on the 
                location, charging patterns, and usage of plug-in 
                electric drive vehicles;
                    (B) the scientific, economic, commercial, security, 
                and historic potential of the data described in 
                subparagraph (A); and
                    (C) any laws or regulations that relate to the data 
                described in subparagraph (A); and
            (2) analyzes and provides recommendations on matters that 
        include procedures, technologies, and rules relating to the 
        collection, storage, and preservation of the data described in 
        paragraph (1)(A).
    (b) Report.--Not later than 15 months after the date of an 
agreement between the Secretary and the Academy under subsection (a), 
the National Academy of Sciences shall submit to the appropriate 
committees of Congress a report that describes the results of the study 
under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

                       Subtitle C--Miscellaneous

SEC. 2131. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE VEHICLES.

    (a) In General.--The Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2601 et seq.) is amended--
            (1) in section 111(d) (16 U.S.C. 2621(d)), by adding at the 
        end the following:
            ``(20) Plug-in electric drive vehicle planning.--
                    ``(A) Utility plan for plug-in electric drive 
                vehicles.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        each electric utility shall develop a plan to 
                        support the use of plug-in electric drive 
                        vehicles, including medium- and heavy-duty 
                        hybrid electric vehicles in the service area of 
                        the electric utility.
                            ``(ii) Requirements.--A plan under clause 
                        (i) shall investigate--
                                    ``(I) various levels of potential 
                                penetration of plug-in electric drive 
                                vehicles in the utility service area;
                                    ``(II) the potential impacts that 
                                the various levels of penetration and 
                                charging scenarios (including charging 
                                rates and daily hours of charging) 
                                would have on generation, distribution 
                                infrastructure, and the operation of 
                                the transmission grid; and
                                    ``(III) the role of third parties 
                                in providing reliable and economical 
                                charging services.
                            ``(iii) Waiver.--
                                    ``(I) In general.--An electric 
                                utility that determines that the 
                                electric utility will not be impacted 
                                by plug-in electric drive vehicles 
                                during the 5-year period beginning on 
                                the date of enactment of this paragraph 
                                may petition the Secretary to waive 
                                clause (i) for 5 years.
                                    ``(II) Approval.--Approval of a 
                                waiver under subclause (I) shall be in 
                                the sole discretion of the Secretary.
                            ``(iv) Updates.--
                                    ``(I) In general.--Each electric 
                                utility shall update the plan of the 
                                electric utility every 5 years.
                                    ``(II) Resubmission of waiver.--An 
                                electric utility that received a waiver 
                                under clause (iii) and wants the waiver 
                                to continue after the expiration of the 
                                waiver shall be required to resubmit 
                                the waiver.
                            ``(v) Exemption.--If the Secretary 
                        determines that a plan required by a State 
                        regulatory authority meets the requirements of 
                        this paragraph, the Secretary may accept that 
                        plan and exempt the electric utility submitting 
                        the plan from the requirements of clause (i).
                    ``(B) Support requirements.--Each State regulatory 
                authority (in the case of each electric utility for 
                which the authority has ratemaking authority) and each 
                municipal and cooperative utility shall--
                            ``(i) participate in any local plan for the 
                        deployment of recharging infrastructure in 
                        communities located in the footprint of the 
                        authority or utility;
                            ``(ii) require that charging infrastructure 
                        deployed is interoperable with products of all 
                        auto manufacturers to the maximum extent 
                        practicable; and
                            ``(iii) consider adopting minimum 
                        requirements for deployment of electrical 
                        charging infrastructure and other appropriate 
                        requirements necessary to support the use of 
                        plug-in electric drive vehicles.
                    ``(C) Cost recovery.--Each State regulatory 
                authority (in the case of each electric utility for 
                which the authority has ratemaking authority) and each 
                municipal and cooperative utility may consider whether, 
                and to what extent, to allow cost recovery for plans 
                and implementation of plans.
                    ``(D) Determination.--Not later than 3 years after 
                the date of enactment of this paragraph, each State 
                regulatory authority (with respect to each electric 
                utility for which the authority has ratemaking 
                authority), and each municipal and cooperative electric 
                utility, shall complete the consideration, and shall 
                make the determination, referred to in subsection (a) 
                with respect to the standard established by this 
                paragraph.'';
            (2) in section 112(c) (16 U.S.C. 2622(c))--
                    (A) in the first sentence, by striking ``Each 
                State'' and inserting the following:
            ``(1) In general.--Each State'';
                    (B) in the second sentence, by striking ``In the 
                case'' and inserting the following:
            ``(2) Specific standards.--
                    ``(A) Net metering and fossil fuel generation 
                efficiency.--In the case'';
                    (C) in the third sentence, by striking ``In the 
                case'' and inserting the following:
                    ``(B) Time-based metering and communications.--In 
                the case'';
                    (D) in the fourth sentence--
                            (i) by striking ``In the case'' and 
                        inserting the following:
                    ``(C) Interconnection.--In the case''; and
                            (ii) by striking ``paragraph (15)'' and 
                        inserting ``paragraph (15) of section 111(d)'';
                    (E) in the fifth sentence, by striking ``In the 
                case'' and inserting the following:
                    ``(D) Integrated resource planning, rate design 
                modifications, smart grid investments, smart grid 
                information.--In the case''; and
                    (F) by adding at the end the following:
                    ``(E) Plug-in electric drive vehicle planning.--In 
                the case of the standards established by paragraph (20) 
                of section 111(d), the reference contained in this 
                subsection to the date of enactment of this Act shall 
                be deemed to be a reference to the date of enactment of 
                that paragraph.''; and
            (3) in section 112(d) (16 U.S.C. 2622(d)), in the matter 
        preceding paragraph (1), by striking ``(19)'' and inserting 
        ``(20)''.
    (b) Report.--
            (1) In general.--The Secretary, in consultation with the 
        Technical Advisory Committee, shall convene a group of utility 
        stakeholders, charging infrastructure providers, third party 
        aggregators, and others, as appropriate, to discuss and 
        determine the potential models for the technically and 
        logistically challenging issues involved in using electricity 
        as a fuel for vehicles, including--
                    (A) accommodation for billing for charging a plug-
                in electric drive vehicle, both at home and at publicly 
                available charging infrastructure;
                    (B) plans for anticipating vehicle to grid 
                applications that will allow batteries in cars as well 
                as banks of batteries to be used for grid storage, 
                ancillary services provision, and backup power;
                    (C) integration of plug-in electric drive vehicles 
                with smart grid, including protocols and standards, 
                necessary equipment, and information technology 
                systems; and
                    (D) any other barriers to installing sufficient and 
                appropriate charging infrastructure.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act and biennially thereafter, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        that includes--
                    (A) the issues and model solutions described in 
                paragraph (1); and
                    (B) any other issues that the Task Force and 
                Secretary determine to be appropriate.

SEC. 2132. LOAN GUARANTEES.

    (a) Loan Guarantees for Advanced Battery Purchases for Use in 
Stationary Applications.--Subtitle B of title I of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17011 et seq.) is 
amended by adding at the end the following:

``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

    ``(a) Definitions.--In this section:
            ``(1) Qualified automotive battery.--The term `qualified 
        automotive battery' means a battery that--
                    ``(A) has at least 4 kilowatt hours of battery 
                capacity; and
                    ``(B) is designed for use in qualified plug-in 
                electric drive motor vehicles but is purchased for 
                nonautomotive applications.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) an original equipment manufacturer;
                    ``(B) an electric utility;
                    ``(C) any provider of range extension 
                infrastructure; or
                    ``(D) any other qualified entity, as determined by 
                the Secretary.
    ``(b) Loan Guarantees.--
            ``(1) In general.--The Secretary shall guarantee loans made 
        to eligible entities for the aggregate purchase of not less 
        than 200 qualified automotive batteries in a calendar year that 
        have a total minimum power rating of 1 megawatt and use 
        advanced battery technology.
            ``(2) Restriction.--As a condition of receiving a loan 
        guarantee under this section, an entity purchasing qualified 
        automotive batteries with loan funds guaranteed under this 
        section shall comply with the provisions of the Buy American 
        Act (41 U.S.C. 10a et seq.).
    ``(c) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000.''.
    (b) Loan Guarantees for Charging Infrastructure.--Section 1705(a) 
of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by 
adding at the end the following:
            ``(4) Charging infrastructure and networks of charging 
        infrastructure for plug-in drive electric vehicles, if the 
        charging infrastructure will be operational prior to December 
        31, 2016.''.

SEC. 2133. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN LANDFILLS.

    (a) Definition of Advanced Battery.--
            (1) In general.--In this section, the term ``advanced 
        battery'' means a battery that is a secondary (rechargeable) 
        electrochemical energy storage device that has enhanced energy 
        capacity.
            (2) Exclusions.--The term ``advanced battery'' does not 
        include--
                    (A) a primary (nonrechargeable) battery; or
                    (B) a lead-acid battery that is used to start or 
                serve as the principal electrical power source for a 
                plug-in electric drive vehicle.
    (b) Requirement.--An advanced battery from a plug-in electric drive 
vehicle shall be disposed of in accordance with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource 
Conservation and Recovery Act of 1976'').

SEC. 2134. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY COMMITTEE.

    (a) In General.--There is established the Plug-in Electric Drive 
Vehicle Technical Advisory Committee to advise the Secretary on the 
programs and activities under this title.
    (b) Mission.--The mission of the Committee shall be to advise the 
Secretary on technical matters, including--
            (1) the priorities for research and development;
            (2) means of accelerating the deployment of safe, 
        economical, and efficient plug-in electric drive vehicles for 
        mass market adoption;
            (3) the development and deployment of charging 
        infrastructure;
            (4) the development of uniform codes, standards, and safety 
        protocols for plug-in electric drive vehicles and charging 
        infrastructure; and
            (5) reporting on the competitiveness of the United States 
        in plug-in electric drive vehicle and infrastructure research, 
        manufacturing, and deployment.
    (c) Membership.--
            (1) Members.--
                    (A) In general.--The Committee shall consist of not 
                less than 12, but not more than 25, members.
                    (B) Representation.--The Secretary shall appoint 
                the members to Committee from among representatives 
                of--
                            (i) domestic industry;
                            (ii) institutions of higher education;
                            (iii) professional societies;
                            (iv) Federal, State, and local governmental 
                        agencies (including the National Laboratories); 
                        and
                            (v) financial, transportation, labor, 
                        environmental, electric utility, or other 
                        appropriate organizations or individuals with 
                        direct experience in deploying and marketing 
                        plug-in electric drive vehicles, as the 
                        Secretary determines to be necessary.
            (2) Terms.--
                    (A) In general.--The term of a Committee member 
                shall not be longer than 3 years.
                    (B) Staggered terms.--The Secretary may appoint 
                members to the Committee for differing term lengths to 
                ensure continuity in the functioning of the Committee.
                    (C) Reappointments.--A member of the Committee 
                whose term is expiring may be reappointed.
            (3) Chairperson.--The Committee shall have a chairperson, 
        who shall be elected by and from the members.
    (d) Review.--The Committee shall review and make recommendations to 
the Secretary on the implementation of programs and activities under 
this title.
    (e) Response.--
            (1) In general.--The Secretary shall consider and may adopt 
        any recommendation of the Committee under subsection (c).
            (2) Biennial report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act and every 2 years 
                thereafter, the Secretary shall submit to the 
                appropriate committees of Congress a report describing 
                any new recommendations of the Committee.
                    (B) Contents.--The report shall include--
                            (i) a description of the manner in which 
                        the Secretary has implemented or plans to 
                        implement the recommendations of the Committee; 
                        or
                            (ii) an explanation of the reason that a 
                        recommendation of the Committee has not been 
                        implemented.
                    (C) Timing.--The report described in this paragraph 
                shall be submitted by the Secretary at the same time 
                the President submits the budget proposal for the 
                Department of Energy to Congress.
    (f) Coordination.--The Committee shall--
            (1) hold joint annual meetings with the Hydrogen and Fuel 
        Cell Technical Advisory Committee established by section 807 of 
        the Energy Policy Act of 2005 (42 U.S.C. 16156) to help 
        coordinate the work and recommendations of the Committees; and
            (2) coordinate efforts, to the maximum extent practicable, 
        with all existing independent, departmental, and other advisory 
        Committees, as determined to be appropriate by the Secretary.
    (g) Support.--The Secretary shall provide to the Committee the 
resources necessary to carry out this section, as determined to be 
necessary by the Secretary.

SEC. 2135. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK FORCE.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the President shall establish the Plug-in 
Electric Drive Vehicle Interagency Task Force, to be chaired by the 
Secretary and which shall consist of at least 1 representative from 
each of--
            (1) the Office of Science and Technology Policy;
            (2) the Council on Environmental Quality;
            (3) the Department of Energy;
            (4) the Department of Transportation;
            (5) the Department of Defense;
            (6) the Department of Commerce (including the National 
        Institute of Standards and Technology);
            (7) the Environmental Protection Agency;
            (8) the General Services Administration; and
            (9) any other Federal agencies that the President 
        determines to be appropriate.
    (b) Mission.--The mission of the Task Force shall be to ensure 
awareness, coordination, and integration of the activities of the 
Federal Government relating to plug-in electric drive vehicles, 
including--
            (1) plug-in electric drive vehicle research and development 
        (including necessary components);
            (2) the development of widely accepted smart-grid standards 
        and protocols for charging infrastructure;
            (3) the relationship of plug-in electric drive vehicle 
        charging practices to electric utility regulation;
            (4) the relationship of plug-in electric drive vehicle 
        deployment to system reliability and security;
            (5) the general deployment of plug-in electric drive 
        vehicles in the Federal, State, and local governments and for 
        private use;
            (6) the development of uniform codes, standards, and safety 
        protocols for plug-in electric drive vehicles and charging 
        infrastructure; and
            (7) the alignment of international plug-in electric drive 
        vehicle standards.
    (c) Activities.--
            (1) In general.--In carrying out this section, the Task 
        Force may--
                    (A) organize workshops and conferences;
                    (B) issue publications; and
                    (C) create databases.
            (2) Mandatory activities.--In carrying out this section, 
        the Task Force shall--
                    (A) foster the exchange of generic, nonproprietary 
                information and technology among industry, academia, 
                and the Federal Government;
                    (B) integrate and disseminate technical and other 
                information made available as a result of the programs 
                and activities under this title;
                    (C) support education about plug-in electric drive 
                vehicles;
                    (D) monitor, analyze, and report on the effects of 
                plug-in electric drive vehicle deployment on the 
                environment and public health, including air emissions 
                from vehicles and electricity generating units; and
                    (E) review and report on--
                            (i) opportunities to use Federal programs 
                        (including laws, regulations, and guidelines) 
                        to promote the deployment of plug-in electric 
                        drive vehicles; and
                            (ii) any barriers to the deployment of 
                        plug-in electric drive vehicles, including 
                        barriers that are attributable to Federal 
                        programs (including laws, regulations, and 
                        guidelines).
    (d) Agency Cooperation.--A Federal agency--
            (1) shall cooperate with the Task Force; and
            (2) provide, on request of the Task Force, appropriate 
        assistance in carrying out this section, in accordance with 
        applicable Federal laws (including regulations).

           DIVISION C--CLEAN ENERGY JOBS AND CONSUMER SAVINGS

              TITLE XXX--HOME STAR RETROFIT REBATE PROGRAM

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Home Star Retrofit Act of 2010''.

SEC. 3002. DEFINITIONS.

    In this title:
            (1) Accredited contractor.--The term ``accredited 
        contractor'' means a residential energy efficiency contractor 
        that meets the minimum applicable requirements established 
        under subsections (a) and (b) of section 3004.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) BPI.--The term ``BPI'' means the Building Performance 
        Institute.
            (4) Certified workforce.--The term ``certified workforce'' 
        means a residential efficiency construction workforce in which 
        all persons performing installation work in the areas of 
        building envelope retrofits, duct sealing, or any other 
        additional skill category designated by the Secretary of Labor, 
        in consultation with stakeholders and the Secretary of Energy, 
        are certified through an existing certification that covers the 
        appropriate job skills under--
                    (A) an applicable third party skills standard 
                established--
                            (i) by the BPI;
                            (ii) by the North American Technician 
                        Excellence;
                            (iii) by the Laborers' International Union 
                        of North America;
                    (B) an applicable third party skills standard 
                established in the State in which the work is to be 
                performed, pursuant to a program operated by the Home 
                Builders Institute in connection with Ferris State 
                University, to be effective beginning on the date that 
                is 30 days after the date notice is provided by those 
                organizations to the Secretary that the program has 
                been established in the State unless the Secretary 
                determines, not later than 30 days after the date of 
                the notice, that the standard or certification does not 
                equal in quality the standards and certifications 
                described in subparagraph (A); or
                    (C) other standards that the Secretary shall 
                approve not later than 30 days after the date of 
                submission, in consultation with the Secretary of Labor 
                and the Administrator.
            (5) Conditioned space.--The term ``conditioned space'' 
        means the area of a home that is--
                    (A) intended for habitation; and
                    (B) intentionally heated or cooled.
            (6) Contractor.--The term ``contractor'' means a 
        residential efficiency contracting business entity.
            (7) DOE.--The term ``DOE'' means the Department of Energy.
            (8) Electric utility.--The term ``electric utility'' means 
        any person or State agency that delivers or sells electric 
        energy at retail, including nonregulated utilities and 
        utilities that are subject to State regulation and Federal 
        power marketing administrations.
            (9) EPA.--The term ``EPA'' means the Environmental 
        Protection Agency.
            (10) Federal rebate processing system.--The term ``Federal 
        Rebate Processing System'' means the Federal Rebate Processing 
        System established under section 3003(b).
            (11) Gold star home retrofit program.--The term ``Gold Star 
        Home Retrofit Program'' means the Gold Star Home Retrofit 
        Program established under section 3008.
            (12) Home.--The term ``home'' means a principal residential 
        dwelling unit in a building with no more than 4 dwelling units 
        that--
                    (A) is located in the United States; and
                    (B) was constructed before the date of enactment of 
                this Act.
            (13) Homeowner.--The term ``homeowner'' means the resident 
        or non-resident owner of record of a home.
            (14) Home star loan program.--The term ``Home Star loan 
        program'' means the Home Star efficiency loan program 
        established under section 3015(a).
            (15) Home star retrofit rebate program.--The term ``Home 
        Star Retrofit Rebate Program'' means the Home Star Retrofit 
        Rebate Program established under section 3003(a).
            (16) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (17) Natural gas utility.--The term ``natural gas utility'' 
        means any person or State agency that transports, distributes, 
        or sells natural gas at retail, including nonregulated 
        utilities and utilities that are subject to State regulation.
            (18) Qualified contractor.--The term ``qualified 
        contractor'' means a contractor that meets minimum applicable 
        requirements established under section 3004(a).
            (19) Quality assurance framework.--The term ``quality 
        assurance framework'' means a policy adopted by a State to 
        develop high standards for ensuring quality in ongoing 
        efficiency retrofit activities in which the State has a role, 
        including operation of the quality assurance program and 
        creating significant employment opportunities, in particular 
        for targeted workers.
            (20) Quality assurance program.--
                    (A) In general.--The term ``quality assurance 
                program'' means a program established under this title 
                or recognized by the Secretary under this title, to 
                oversee the delivery of home efficiency retrofit 
                programs to ensure that work is performed in accordance 
                with standards and criteria established under this 
                title.
                    (B) Inclusions.--For purposes of subparagraph (A), 
                delivery of retrofit programs includes delivery of 
                quality assurance reviews of rebate applications and 
                field inspections for a portion of customers receiving 
                rebates and conducted by a quality assurance provider, 
                with the consent of participating consumers and without 
                delaying rebate payments to participating contractors.
            (21) Quality assurance provider.--The term ``quality 
        assurance provider'' means any entity that meets the minimum 
        applicable requirements established under section 3006.
            (22) Rebate aggregator.--The term ``rebate aggregator'' 
        means an entity that meets the requirements of section 3005.
            (23) RESNET.--The term ``RESNET'' means the Residential 
        Energy Services Network, which is a nonprofit certification and 
        standard setting organization for home energy raters that 
        evaluate the energy performance of a home.
            (24) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (25) Silver star home retrofit program.--The term ``Silver 
        Star Home Retrofit Program'' means the Silver Star Home 
        Retrofit Program established under section 3007.
            (26) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the United States Virgin Islands; and
                    (H) any other territory or possession of the United 
                States.
            (27) Targeted worker.--The term ``targeted worker'' means--
                    (A) an individual who (as determined by the 
                Secretary of Labor, in consultation with the Secretary 
                of Energy)--
                            (i) is old enough to be employed under the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 201 
                        et seq.) and State law;
                            (ii) resides in an area with high or 
                        chronic unemployment and low median household 
                        incomes; and
                            (iii) is unemployed or underemployed; or
                    (B) a veteran of Operation Iraqi Freedom or 
                Operation Enduring Freedom.
            (28) Vendor.--The term ``vendor'' means any retailer that 
        sells directly to homeowners and contractors the materials used 
        for the savings measures under section 3007.
            (29) Watersense product or service.--The term ``WaterSense 
        product or service'' means a water-efficient product or service 
        that meets specifications established by the Administrator 
        under the WaterSense Program of the Environmental Protection 
        Agency.

SEC. 3003. HOME STAR RETROFIT REBATE PROGRAM.

    (a) In General.--The Secretary shall establish the Home Star 
Retrofit Rebate Program.
    (b) Federal Rebate Processing System.--
            (1) Requirements.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the Secretary of the Treasury and the 
                Administrator, shall--
                            (i) establish a Federal Rebate Processing 
                        System which shall serve as a database and 
                        information technology system that will allow 
                        rebate aggregators to submit claims for 
                        reimbursement using standard data protocols;
                            (ii) establish a national retrofit website 
                        that provides information on the Home Star 
                        Retrofit Rebate Program, including--
                                    (I) how to determine whether 
                                particular efficiency measures are 
                                eligible for rebates; and
                                    (II) how to participate in the 
                                program;
                            (iii) make available, on a designated 
                        website, model forms for compliance with all 
                        applicable requirements of this title, to be 
                        submitted by--
                                    (I) each qualified contractor on 
                                completion of an eligible home 
                                retrofit;
                                    (II) each quality assurance 
                                provider on completion of field 
                                verification; and
                                    (III) each purchaser of a 
                                WaterSense product or service; and
                            (iv) subject to section 3016, provide such 
                        administrative and technical support to rebate 
                        aggregators and States as is necessary to carry 
                        out this title.
                    (B) Distribution of funds.--Not later than 10 days 
                after the date of receipt of bundled rebate 
                applications from a rebate aggregator, the Secretary 
                shall distribute funds to the rebate aggregator on 
                approved claims for reimbursement made to the Federal 
                Rebate Processing System.
                    (C) Funding availability.--The Secretary shall 
                post, on a weekly basis, on the national retrofit 
                website established under subparagraph (A)(ii) 
                information on--
                            (i) the total number of rebate claims 
                        approved for reimbursement; and
                            (ii) the total amount of funds disbursed 
                        for rebates.
                    (D) Program adjustment or termination.--Based on 
                the information described in subparagraph (C), the 
                Secretary shall announce a termination date and reserve 
                funding to process the rebate applications that are in 
                the Federal Rebate Processing System prior to the 
                termination date to ensure that all valid applications 
                made to the program for rebate reimbursement are paid.
            (2) Model forms.--In carrying out this section, the 
        Secretary shall consider the model forms developed by the 
        National Home Performance Council.
    (c) Administrative and Technical Support.--Effective beginning not 
later than 30 days after the date of enactment of this Act, the 
Secretary shall provide such administrative and technical support to 
rebate aggregators and States as is necessary to carry out this title.
    (d) Public Information Campaign.--Not later than 60 days after the 
date of enactment of this Act, the Administrator shall develop and 
implement a public education campaign that describes, at a minimum--
            (1) the benefits of home energy and water-saving retrofits;
            (2) the availability of rebates for--
                    (A) the installation of qualifying efficiency 
                measures; and
                    (B) whole home efficiency improvements; and
            (3) the requirements for qualified contractors and 
        accredited contractors.
    (e) Limitation.--Silver Star rebates provided under section 3007 
and Gold Star rebates provided under section 3008 may be provided for 
the same home only if--
            (1) Silver Star rebates are awarded prior to Gold Star 
        rebates;
            (2) savings obtained from measures under the Silver Star 
        Home Retrofit Program are not counted towards the simulated 
        savings that determine the value of a rebate under the Gold 
        Star Home Retrofit Program; and
            (3) the combined Silver Star and Gold Star rebates provided 
        to the individual homeowner do not exceed $8,000.
    (f) Availability.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall ensure that Home Star 
retrofit rebates are available to all homeowners in the United States 
to the maximum extent practicable.

SEC. 3004. CONTRACTORS.

    (a) Contractor Qualifications for Silver Star Home Retrofit 
Program.--A contractor may perform retrofit work under the Silver Star 
Home Retrofit Program only if the contractor meets or provides--
            (1) all applicable contractor licensing requirements 
        established by the applicable State or, if none exist at the 
        State level, the Secretary;
            (2) insurance coverage of at least $1,000,000 for general 
        liability, and for such other purposes and in such other 
        amounts as required by the State;
            (3) warranties to homeowners that completed work will--
                    (A) be free of significant defects;
                    (B) be installed in accordance with the 
                specifications of the manufacturer; and
                    (C) perform properly for a period of at least 1 
                year after the date of completion of the work;
            (4) an agreement to provide the owner of a home, through a 
        discount, the full economic value of all rebates received under 
        this title with respect to the home; and
            (5) an agreement to provide the homeowner, before a 
        contract is executed between the contractor and a homeowner 
        covering the eligible work, a notice of --
                    (A) the rebate amount the contractor intends to 
                apply for with respect to eligible work under this 
                title; and
                    (B) the means by which the rebate will be passed 
                through as a discount to the homeowner.
    (b) Contractor Qualifications for Gold Star Home Retrofit 
Program.--
            (1) In general.--A contractor may perform retrofit work 
        under the Gold Star Home Retrofit Program only if the 
        contractor--
                    (A) meets the requirements for qualified 
                contractors under subsection (a);
                    (B) is accredited--
                            (i) by the BPI; or
                            (ii) under other standards that the 
                        Secretary shall approve not later than 30 days 
                        after the date of submission, in consultation 
                        with the Administrator, under an equivalent 
                        accreditation approved by the Secretary under 
                        which the contractor, at a minimum--
                                    (I) educates the consumer on the 
                                value of comprehensive energy retrofit 
                                work;
                                    (II) meets whole house contracting 
                                standards in conducting home 
                                performance work relating to home 
                                energy auditing, health and safety 
                                testing, heating, air-conditioning, and 
                                heat pumps;
                                    (III) employs sufficient levels of 
                                staff who are certified to the 
                                standards covering the appropriate 
                                whole house energy audits and retrofit 
                                upgrades;
                                    (IV) maintains calibrated 
                                diagnostic equipment for use in 
                                conducting energy retrofitting, 
                                assessment, and health and safety 
                                testing on the house;
                                    (V) records and maintains all 
                                project information for review during 
                                the quality assurance inspection;
                                    (VI) maintains quality assurance 
                                records of internal reviews of the 
                                operation and performance of the 
                                business;
                                    (VII) adopts a customer dispute 
                                resolution policy that establishes a 
                                specific time line in resolving any 
                                disputes with the consumer; and
                                    (VIII) meets such other standards 
                                as are required by the Secretary;
                    (C) except as provided in paragraph (2), effective 
                1 year after the date on which funds are provided under 
                this title, employs a certified workforce; and
                    (D) effective beginning 1 year after the date of 
                enactment of this Act, meets all requirements of an 
                applicable State quality assurance framework.
            (2) Exception.--A contractor described in paragraph (1)(C) 
        may employ a person who is not certified to perform 
        installation work covered under section 3002(4) if the 
        employee--
                    (A) has not worked for the contractor or on Home 
                Star projects for a period of more than 180 days;
                    (B) is supervised on each project by a fellow 
                employee who is certified under section 3002(4) to 
                perform the applicable covered work;
                    (C) is the only person who performs covered 
                installation work on a project and has not been 
                certified under section 3002(4); and
                    (D) is directly employed by the contractor or the 
                subcontractor of the contractor, and not self employed, 
                or employed through a temporary employment agency, 
                staffing service, or other intermediary.
    (c) Health and Safety Requirements.--Nothing in this title relieves 
any contractor from the obligation to comply with applicable Federal, 
State, and local health and safety code requirements.

SEC. 3005. REBATE AGGREGATORS.

    (a) In General.--The Secretary shall develop a network of rebate 
aggregators that can facilitate the delivery of rebates to 
participating contractors and vendors for discounts provided to 
homeowners for efficiency retrofit work.
    (b) Responsibilities.--Rebate aggregators shall--
            (1) review the proposed rebate application for completeness 
        and accuracy;
            (2) review measures under the Silver Star Home Retrofit 
        Program and savings under the Gold Star Home Retrofit Program 
        for eligibility in accordance with this title;
            (3) provide data to the Federal Data Processing Center 
        consistent with data protocols established by the Secretary; 
        and
            (4) distribute funds received from DOE to contractors, 
        vendors, or other persons.
    (c) Processing Rebate Applications.--A rebate aggregator shall--
            (1) submit the rebate application to the Federal Rebate 
        Processing Center not later than 14 days after the date of 
        receipt of a rebate application from a contractor; and
            (2) distribute funds to the contractor not later than 6 
        days after the date of receipt from the Federal Rebate 
        Processing System.
    (d) Eligibility.--To be eligible to apply to the Secretary for 
approval as a rebate aggregator, an entity shall be--
            (1) a Home Performance with Energy Star partner;
            (2) an entity administering a residential efficiency 
        retrofit program established or approved by a State;
            (3) a Federal Power Marketing Administration, an electric 
        utility, or a natural gas utility that has--
                    (A) an approved residential efficiency retrofit 
                program; and
                    (B) an established quality assurance provider 
                network; or
            (4) an entity that demonstrates to the Secretary that the 
        entity can perform the functions of an rebate aggregator, 
        without disrupting existing residential retrofits in the States 
        that are incorporating the Home Star Program, including 
        demonstration of--
                    (A) corporate status or status as a State or local 
                government;
                    (B) the capability to provide electronic data to 
                the Federal Rebate Processing System;
                    (C) a financial system that is capable of tracking 
                the distribution of rebates to participating 
                contractors; and
                    (D) coordination and cooperation by the entity with 
                the appropriate State office regarding participation in 
                the existing efficiency programs that will be 
                delivering the Home Star Program.
    (e) Application to Become a Rebate Aggregator.--Not later than 30 
days after the date of receipt of an application of an entity seeking 
to become a rebate aggregator, the Secretary shall approve or deny the 
application on the basis of the eligibility criteria under subsection 
(d).
    (f) Application Priority.--In reviewing applications from entities 
seeking to become rebate aggregators, the Secretary shall give priority 
to entities that commit--
            (1) to reviewing applications for participation in the 
        program from all qualified contractors within a defined 
        geographic region; and
            (2) to processing rebate applications more rapidly than the 
        minimum requirements established under the program.
    (g) Public Utility Commission Efficiency Targets.--The Secretary 
shall--
            (1) develop guidelines for States to use to allow utilities 
        participating as rebate aggregators to count the savings from 
        the participation of the utilities toward State-level savings 
        targets; and
            (2) work with States to assist in the adoption of the 
        guidelines for the purposes and duration of the Home Star 
        Retrofit Rebate Program.

SEC. 3006. QUALITY ASSURANCE PROVIDERS.

    (a) In General.--An entity shall be considered a quality assurance 
provider under this title if the entity--
            (1) is independent of the contractor;
            (2) confirms the qualifications of contractors or 
        installers of home efficiency retrofits;
            (3) confirms compliance with the requirements of a 
        ``certified workforce''; and
            (4) performs field inspections and other measures required 
        to confirm the compliance of the retrofit work under the Silver 
        Star program, and the retrofit work and the use of software 
        simulation savings under the Gold Star program, based on the 
        requirements of this title.
    (b) Inclusions.--An entity shall be considered a quality assurance 
provider under this title if the entity is qualified through--
            (1) the International Code Council;
            (2) the BPI;
            (3) the RESNET;
            (4) a State;
            (5) a State-approved residential efficiency retrofit 
        program; or
            (6) any other entity designated by the Secretary, in 
        consultation with the Administrator.

SEC. 3007. SILVER STAR HOME RETROFIT PROGRAM.

    (a) In General.--If the energy-efficiency or water-saving retrofit 
of a home is carried out after the date of enactment of this Act in 
accordance with this section, a rebate shall be awarded for the energy 
or water savings retrofit of a home for the installation of savings 
measures--
            (1) selected from the list of energy and water savings 
        measures described in subsection (b);
            (2) installed in the home by a qualified contractor not 
        later than 1 year after the date of enactment of this Act;
            (3) carried out in compliance with this section; and
            (4) subject to the maximum amount limitations established 
        under subsection (d)(4).
    (b) Energy and Water Savings Measures.--Subject to subsection (c), 
a rebate shall be awarded under this section for the installation of 
the following energy or water savings measures for a home energy or 
water retrofit that meet technical standards established under this 
section:
            (1) Whole house air-sealing measures (including interior 
        and exterior measures and using sealants, caulks, insulating 
        foams, gaskets, weather-stripping, mastics, and other building 
        materials), in accordance with BPI standards or other 
        procedures approved by the Secretary.
            (2) Attic insulation measures that--
                    (A) include sealing of air leakage between the 
                attic and the conditioned space, in accordance with BPI 
                standards or the attic portions of the DOE or EPA 
                thermal bypass checklist or other procedures approved 
                by the Secretary;
                    (B) add at least R-19 insulation to existing 
                insulation;
                    (C) result in at least R-38 insulation in DOE 
                climate zones 1 through 4 and at least R-49 insulation 
                in DOE climate zones 5 through 8, including existing 
                insulation, within the limits of structural capacity; 
                and
                    (D) cover at least--
                            (i) 100 percent of an accessible attic; or
                            (ii) 75 percent of the total conditioned 
                        footprint of the house.
            (3) Duct seal or replacement that--
                    (A) is installed in accordance with BPI standards 
                or other procedures approved by the Secretary; and
                    (B) in the case of duct replacement, replaces and 
                seals at least 50 percent of a distribution system of 
                the home.
            (4) Wall insulation that--
                    (A) is installed in accordance with BPI standards 
                or other procedures approved by the Secretary;
                    (B) is to full-stud thickness; and
                    (C) covers at least 75 percent of the total 
                external wall area of the home.
            (5) Crawl space insulation or basement wall and rim joist 
        insulation that is installed in accordance with BPI standards 
        or other procedures approved by the Secretary--
                    (A) covers at least 500 square feet of crawl space 
                or basement wall and adds at least--
                            (i) R-19 of cavity insulation or R-15 of 
                        continuous insulation to existing crawl space 
                        insulation; or
                            (ii) R-13 of cavity insulation or R-10 of 
                        continuous insulation to basement walls; and
                    (B) fully covers the rim joist with at least R-10 
                of new continuous or R-13 of cavity insulation.
            (6) Window replacement that replaces at least 8 exterior 
        windows, or 75 percent of the exterior windows in a home, 
        whichever is less, with windows that--
                    (A) are certified by the National Fenestration 
                Rating Council; and
                    (B) comply with criteria applicable to windows 
                under section 25(c) of the Internal Revenue Code of 
                1986.
            (7) Door replacement that replaces at least 1 exterior door 
        with doors that comply with criteria applicable to doors under 
        the 2010 Energy Star specification for doors.
            (8) Skylight replacement that replaces at least 1 skylight 
        with skylights that comply with criteria applicable to 
        skylights under the 2010 Energy Star specification for 
        skylights.
            (9)(A) Heating system replacement with--
                    (i) a natural gas or propane furnace with an AFUE 
                rating of 95 or greater;
                    (ii) a natural gas or propane boiler with an AFUE 
                rating of 90 or greater;
                    (iii) an oil furnace with an AFUE rating of 86 or 
                greater and that uses an electrically commutated blower 
                motor;
                    (iv) an oil boiler with an AFUE rating of 86 or 
                greater and that has temperature reset or thermal purge 
                controls; or
                    (v) a wood or wood pellet furnace, boiler, or 
                stove, if--
                            (I) the new system--
                                    (aa) meets at least 75 percent of 
                                the heating demands of the home; and
                                    (bb) in the case of a wood stove, 
                                replaces an existing wood stove with a 
                                stove that is EPA-certified, if a 
                                voucher is provided by the installer or 
                                other responsible party certifying that 
                                the old stove has been removed and made 
                                inoperable;
                            (II) the home has a distribution system 
                        (such as ducts, vents, blowers, or affixed 
                        fans) that allows heat from the wood stove, 
                        furnace, or boiler to reach all or most parts 
                        of the home; and
                            (III) an independent test laboratory 
                        approved by the Secretary or the Administrator 
                        certifies that the new system--
                                    (aa) has thermal efficiency (with a 
                                lower heating value) of at least 75 
                                percent for stoves and 80 percent for 
                                furnaces and boilers; and
                                    (bb) has particulate emissions of 
                                less than 3.0 grams per hour for wood 
                                stoves or pellet stoves, and less than 
                                0.32 lbs per million BTU for outdoor 
                                boilers and furnaces.
            (B) A rebate may be provided under this section for the 
        replacement of a furnace or boiler described in clauses (i) 
        through (iv) of subparagraph (A) only if the new furnace or 
        boiler is installed in accordance with ANSI/ACCA Standard 5 QI 
        - 2007.
            (10) Automatic water temperature controllers that vary 
        boiler water temperature in response to changes in outdoor 
        temperature or the demand for heat, if the retrofit is to an 
        existing boiler and not in conjunction with a new boiler.
            (11) Air-conditioner or heat-pump replacement with a new 
        unit that--
                    (A) is installed in accordance with ANSI/ACCA 
                Standard 5 QI-2007; and
                    (B) meets or exceeds--
                            (i) in the case of an air-source 
                        conditioner, SEER 16 and EER 13;
                            (ii) in the case of an air-source heat 
                        pump, SEER 15, EER 12.5, and HSPF 8.5; and
                            (iii) in the case of a geothermal heat 
                        pump, Energy Star tier 2 efficiency 
                        requirements.
            (12) Replacement of or with--
                    (A) a natural gas or propane water heater with a 
                condensing storage water heater with an energy factor 
                of 0.80 or more or a condensing storage water heater or 
                tankless water heater with a thermal efficiency of 90 
                percent or more;
                    (B) a tankless natural gas or propane water heater 
                with an energy factor of at least .82;
                    (C) a natural gas or propane storage water heater 
                with an energy factor of at least .67;
                    (D) an indirect water heater with an insulated 
                storage tank that--
                            (i) has a storage capacity of at least 30 
                        gallons and is insulated to at least R-16; and
                            (ii) is installed in conjunction with a 
                        qualifying boiler described in paragraph (7);
                    (E) an electric water heater with an energy factor 
                of 2.0 or more;
                    (F) a water heater with a solar hot water system 
                that--
                            (i) is certified by the Solar Rating and 
                        Certification Corporation under specification 
                        SRCC-OG-300; or
                            (ii) meets technical standards established 
                        by the State of Hawaii; or
                    (G) a water heater installed in conjunction with a 
                qualifying geothermal heat pump described in paragraph 
                (11) that provides domestic water heating through the 
                use of--
                            (i) year-round demand water heating 
                        capability; or
                            (ii) a desuperheater.
            (13) Storm windows that--
                    (A) are installed on a least 5 single-glazed 
                windows that do not have storm windows;
                    (B) are installed in a home listed on or eligible 
                for listing in the National Register of Historic 
                Places; and
                    (C) comply with any procedures that the Secretary 
                may establish for storm windows (including 
                installation).
            (14) Roof replacement that replaces at least 75 percent of 
        the roof area with energy-saving roof products certified under 
        the Energy Star program.
            (15) Window films that are installed on at least 8 exterior 
        windows, doors, or skylights, or 75 percent of the total 
        exterior square footage of glass, whichever is more, in a home 
        with window films that--
                    (A) are certified by the National Fenestration 
                Rating Council;
                    (B) have a Solar Heat Gain Coefficient of 0.43 or 
                less with a visible light-to-solar heat gain ratio of 
                at least 1.1 in 2009 International Energy Conservation 
                Code climate zones 1 through 8; and
                    (C) are certified to reduce the U-factor of the 
                National Fenestration Rating Council dual pane 
                reference window by 0.05 or greater and are only 
                applied to nonmetal frame dual pane windows in 2009 
                International Energy Conservation Code climate zones 4 
                through 8.
            (16) WaterSense products or services.
    (c) Installation Costs.--Measures described in paragraphs (1) 
through (16) of subsection (b) shall include expenditures for labor and 
other installation-related costs (including venting system modification 
and condensate disposal) properly allocable to the onsite preparation, 
assembly, or original installation of the component.
    (d) Amount of Rebate.--
            (1) In general.--Except as provided in paragraphs (2) 
        through (4), the amount of a rebate provided under this section 
        shall be $1,000 per measure for the installation of savings 
        measures described in subsection (b)
            (2) Higher rebate amount.--Except as provided in paragraph 
        (4), the amount of a rebate provided to the owner of a home or 
        designee under this section shall be $1,500 per measure for--
                    (A) attic insulation and air sealing described in 
                subsection (b)(2);
                    (B) wall insulation described in subsection (b)(4);
                    (C) a heating system described in subsection 
                (b)(9); and
                    (D) an air-conditioner or heat-pump replacement 
                described in subsection (b)(11).
            (3) Lower rebate amount.--Except as provided in paragraph 
        (4), the amount of a rebate provided under this section shall 
        be--
                    (A) $125 per door for the installation of up to a 
                maximum of 2 Energy Star doors described in subsection 
                (b)(7) for each home;
                    (B) $125 per skylight for the installation of up to 
                a maximum of 2 Energy Star skylights described in 
                subsection (b)(8) for each home;
                    (C) $750 for a maximum of 1 natural gas or propane 
                tankless water heater described in subsection 
                (b)(12)(B) for each home;
                    (D) $450 for a maximum of 1 natural gas or propane 
                storage water heater described in subsection (b)(12)(C) 
                for each home;
                    (E) $250 for rim joist insulation described in 
                subsection (b)(5)(B);
                    (F) $50 for each storm window described in 
                subsection (b)(13);
                    (G) $500 for a desuperheater described in 
                subsection (b)(12)(G)(ii);
                    (H) $500 for a wood or pellet stove that has a 
                heating capacity of at least 28,000 BTU per hour (using 
                the upper end of the range listed in the EPA list of 
                Certified Wood Stoves) and meets all of the 
                requirements of subsection (b)(9)(A)(v) other than the 
                requirements in items (aa) and (bb) of subsection 
                (b)(9)(A)(v)(I);
                    (I) $250 for an automatic water temperature 
                controller described in subsection (b)(10);
                    (J) $500 for a roof described in subsection 
                (b)(14);
                    (K) $500 for window films described in subsection 
                (b)(15); and
                    (L) $150 for any combination of WaterSense products 
                or services described in subsection (b)(16), if the 
                total cost of all WaterSense products or services is at 
                least $300.
            (4) Maximum amount.--The total amount of a rebate provided 
        to the owner of a home or designee under this section shall not 
        exceed the lower of--
                    (A) $3,000;
                    (B) the sum of the amounts per measure specified in 
                paragraphs (1) through (3);
                    (C) 50 percent of the total cost of the installed 
                measures; or
                    (D) if the Secretary finds that the net value to 
                the homeowner of the rebates is less than the amount of 
                the rebates, the actual net value to the homeowner.
    (e) Insulation Products Purchased Without Installation Services.--
            (1) In general.--A rebate shall be awarded under this 
        section if--
                    (A) the measure--
                            (i) is--
                                    (I) a whole house air-sealing 
                                measure described in subsection (b)(1);
                                    (II) an attic insulation measure 
                                described in subsection (b)(2);
                                    (III) a duct seal or replacement 
                                measure described in subsection (b)(3);
                                    (IV) a wall insulation measure 
                                described in subsection (b)(4); or
                                    (V) a crawl space insulation 
                                measure or basement wall and rim joist 
                                insulation measure described in 
                                subsection (b)(5);
                            (ii) is purchased by a homeowner for 
                        installation by the homeowner in a home 
                        identified by the address of the homeowner;
                            (iii) is identified and attributed to a 
                        specific home in a submission by the vendor to 
                        a rebate aggregator;
                            (iv) is not part of--
                                    (I) a savings measure described in 
                                paragraphs (6) through (11) of 
                                subsection (b); and
                                    (II) a retrofit for which a rebate 
                                is provided under the Gold Star Home 
                                Retrofit Program; and
                            (v) is not part of a savings measure 
                        described in paragraphs (1) through (5) in 
                        subsection (b) for which the homeowner received 
                        or will receive contracting services; or
                    (B) educational material on proper installation of 
                the product is provided to the homeowner, including 
                material on air sealing while insulating.
            (2) Amount.--A rebate under this subsection shall be 
        awarded in an amount equal to 50 percent of the total cost of 
        the products described in paragraph (1), but not to exceed $250 
        per home.
    (f) Qualification for Rebate Under Silver Star Home Retrofit 
Program.--On submission of a claim by a rebate aggregator to the system 
established under section 3005, the Secretary shall provide 
reimbursement to the rebate aggregator for reduced-cost energy-
efficiency measures installed in a home, if--
            (1) the measures undertaken for the retrofit are--
                    (A) eligible measures described on the list 
                established under subsection (b);
                    (B) installed properly in accordance with 
                applicable technical specifications; and
                    (C) installed by a qualified contractor;
            (2) the amount of the rebate does not exceed the maximum 
        amount described in subsection (d)(4);
            (3) not less than--
                    (A) 20 percent of the retrofits performed by each 
                qualified contractor under this section are randomly 
                subject to a third-party field verification of all work 
                associated with the retrofit by a quality assurance 
                provider; or
                    (B) in the case of qualified contractor that uses a 
                certified workforce, 10 percent of the retrofits 
                performed under this section are randomly subject to a 
                third-party field verification of all work associated 
                with the retrofit by a quality assurance provider; and
            (4)(A) the installed measures will be brought into 
        compliance with the specifications and quality standards for 
        the Home Star Retrofit Rebate Program, by the installing 
        qualified contractor, at no additional cost to the homeowner, 
        not later than 14 days after the date of notification of a 
        defect, if a field verification by a quality assurance provider 
        finds that corrective work is needed;
            (B) a subsequent quality assurance visit is conducted to 
        evaluate the remedy not later than 7 days after notification by 
        the contractor that the defect has been corrected; and
            (C) notification of disposition of the visit occurs not 
        later than 7 days after the date of that visit.
    (g) Homeowner Complaints.--
            (1) In general.--During the 1-year warranty period, a 
        homeowner may make a complaint under the quality assurance 
        program that compliance with the requirements of this section 
        has not been achieved.
            (2) Verification.--
                    (A) In general.--The quality assurance program 
                shall provide that, on receiving a complaint under 
                paragraph (1), an independent quality assurance 
                provider shall conduct field verification on the 
                retrofit work performed by the contractor.
                    (B) Administration.--A verification under this 
                paragraph shall be--
                            (i) in addition to verifications conducted 
                        under subsection (f)(3); and
                            (ii) corrected in accordance with 
                        subsection (f)(4).
    (h) Audits.--
            (1) In general.--On making payment for a submission under 
        this section, the Secretary shall review rebate requests to 
        determine whether program requirements were met in all 
        respects.
            (2) Incorrect payment.--On a determination of the Secretary 
        under paragraph (1) that a payment was made incorrectly to a 
        party, the Secretary may--
                    (A) recoup the amount of the incorrect payment; or
                    (B) withhold the amount of the incorrect payment 
                from the next payment made to the party pursuant to a 
                subsequent request.

SEC. 3008. GOLD STAR HOME RETROFIT PROGRAM.

    (a) In General.--If the energy efficiency or water savings retrofit 
of a home is carried out after the date of enactment of this Act by an 
accredited contractor in accordance with this section, a rebate shall 
be awarded for retrofits that achieve whole home energy or water 
savings.
    (b) Amount of Rebate.--
            (1) Energy savings.--Subject to subsection (e), the amount 
        of a rebate provided to the owner of a home or a designee of 
        the owner for energy savings under this section shall be--
                    (A) $3,000 for a 20-percent reduction in whole home 
                energy consumption; and
                    (B) an additional $1,000 for each additional 5-
                percent reduction up to the lower of--
                            (i) $8,000; or
                            (ii) 50 percent of the total retrofit cost 
                        (including the cost of audit and diagnostic 
                        procedures).
            (2) Water savings.--Subject to subsection (e), the amount 
        of a rebate provided to the owner of a home or a designee of 
        the owner for a reduction in water consumption under this 
        section shall be--
                    (A) $500 for measures that achieve a 20-percent 
                reduction in water consumption; and
                    (B) an additional $100 for each additional 5-
                percent reduction in water consumption up to the lower 
                of--
                            (i) $1,200; or
                            (ii) 50 percent of the total retrofit cost 
                        (including the cost of audit and diagnostic 
                        procedures).
    (c) Energy and Water Savings.--
            (1) In general.--Reductions in whole home energy or water 
        consumption under this section shall be determined by a 
        comparison of the simulated energy or water consumption of the 
        home before and after the retrofit of the home.
            (2) Documentation.--The percent improvement in energy or 
        water consumption under this section shall be documented 
        through--
                    (A)(i) the use of a whole home simulation software 
                program that has been approved as a commercial 
                alternative under the Weatherization Assistance Program 
                for Low-Income Persons established under part A of 
                title IV of the Energy Conservation and Production Act 
                (42 U.S.C. 6861 et seq.); or
                    (ii) a equivalent performance test established by 
                the Secretary, in consultation with the Administrator; 
                or
                    (B)(i) the use of a whole home simulation software 
                program that has been approved under RESNET Publication 
                No. 06-001 (or a successor publication approved by the 
                Secretary);
                    (ii) an equivalent performance test established by 
                the Secretary; or
                    (iii) a State-certified equivalent rating network, 
                as specified by IRS Notice 2008-35; or
                    (iv) a HERS rating system required by State law.
            (3) Monitoring.--The Secretary--
                    (A) shall continuously monitor the software 
                packages used for determining rebates under this 
                section; and
                    (B) may disallow the use of software programs that 
                improperly assess energy or water savings.
            (4) Assumptions and testing.--The Secretary may--
                    (A) establish simulation tool assumptions for the 
                establishment of the pre-retrofit energy or water 
                consumption;
                    (B) require compliance with software performance 
                tests covering--
                            (i) mechanical system performance;
                            (ii) duct distribution system efficiency;
                            (iii) hot water performance; or
                            (iv) other measures; and
                    (C) require the simulation of pre-retrofit energy 
                or water usage to be bounded by metered pre-retrofit 
                energy or water usage.
            (5) Recommended measures.--The simulation tool shall have 
        the ability at a minimum to assess the savings associated with 
        all the measures for which incentives are specifically provided 
        under the Silver Star Home Retrofit Program.
            (6) Quantification of water savings.--Not later than 180 
        days after the date of enactment of this Act, the Secretary, in 
        consultation with the Administrator, shall make public an 
        approved methodology for use in quantifying reductions in water 
        consumption for the purpose of carrying out this section.
    (d) Qualification for Rebate Under Gold Star Home Retrofit 
Program.--On submission of a claim by a rebate aggregator to the system 
established under section 3005, the Secretary shall provide 
reimbursement to the rebate aggregator for reduced-cost whole-home 
retrofits, if--
            (1) the retrofit is performed by an accredited contractor;
            (2) the amount of the reimbursement is not more than the 
        amount described in subsection (b);
            (3) documentation described in subsection (c) is 
        transmitted with the claim;
            (4) a home receiving a whole-home retrofit is subject to 
        random third-party field verification by a quality assurance 
        provider in accordance with subsection (e); and
            (5)(A) the installed measures will be brought into 
        compliance with the specifications and quality standards for 
        the Home Star Retrofit Rebate Program, by the installing 
        qualified contractor, at no additional cost to the homeowner, 
        not later than 14 days after the date of notification of a 
        defect if a field verification by a quality assurance provider 
        finds that corrective work is needed;
            (B) a subsequent quality assurance visit is conducted to 
        evaluate the remedy not later than 7 days after notification by 
        the contractor that the defect has been corrected; and
            (C) notification of disposition of the visit occurs not 
        later than 7 days after the date of that visit.
    (e) Verification.--
            (1) In general.--Subject to paragraph (2), all work 
        installed in a home receiving a whole-home retrofit by an 
        accredited contractor under this section shall be subject to 
        random third-party field verification by a quality assurance 
        provider at a rate of--
                    (A) 15 percent; or
                    (B) in the case of work performed by an accredited 
                contractor using a certified workforce, 10 percent.
            (2) Verification not required.--A home shall not be subject 
        to random third-party field verification under this section 
        if--
                    (A) a post-retrofit home energy or water rating is 
                conducted by an eligible certifier in accordance with--
                            (i) RESNET Publication No. 06-001 (or a 
                        successor publication approved by the 
                        Secretary);
                            (ii) a State-certified equivalent rating 
                        network, as specified in IRS Notice 2008-35; or
                            (iii) a HERS rating system required by 
                        State law;
                    (B) the eligible certifier is independent of the 
                qualified contractor or accredited contractor in 
                accordance with RESNET Publication No. 06-001 (or a 
                successor publication approved by the Secretary); and
                    (C) the rating includes field verification of 
                measures.
    (f) Homeowner Complaints.--
            (1) In general.--A homeowner may make a complaint under the 
        quality assurance program during the 1-year warranty period 
        that compliance with the requirements of this section has not 
        been achieved.
            (2) Verification.--
                    (A) In general.--The quality assurance program 
                shall provide that, on receiving a complaint under 
                paragraph (1), an independent quality assurance 
                provider shall conduct field verification on the 
                retrofit work performed by the contractor.
                    (B) Administration.--A verification under this 
                paragraph shall be--
                            (i) in addition to verifications conducted 
                        under subsection (e)(1); and
                            (ii) corrected in accordance with 
                        subsection (e).
    (g) Audits.--
            (1) In general.--On making payment for a submission under 
        this section, the Secretary shall review rebate requests to 
        determine whether program requirements were met in all 
        respects.
            (2) Incorrect payment.--On a determination of the Secretary 
        under paragraph (1) that a payment was made incorrectly to a 
        party, the Secretary may--
                    (A) recoup the amount of the incorrect payment; or
                    (B) withhold the amount of the incorrect payment 
                from the next payment made to the party pursuant to a 
                subsequent request.

SEC. 3009. GRANTS TO STATES AND INDIAN TRIBES.

    (a) In General.--A State or Indian tribe that receives a grant 
under subsection (d) shall use the grant for--
            (1) administrative costs;
            (2) oversight of quality assurance programs;
            (3) development and implementation of ongoing quality 
        assurance framework;
            (4) establishment and delivery of financing pilots in 
        accordance with this title;
            (5) coordination with existing residential retrofit 
        programs and infrastructure development to assist deployment of 
        the Home Star program;
            (6) assisting in the delivery of services to rental units; 
        and
            (7) the costs of carrying out the responsibilities of the 
        State or Indian tribe under the Silver Star Home Retrofit 
        Program and the Gold Star Home Retrofit Program.
    (b) Initial Grants.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall make the initial grants 
available under this section.
    (c) Indian Tribes.--The Secretary shall reserve an appropriate 
amount of funding to be made available to carry out this section for 
each fiscal year to make grants available to Indian tribes under this 
section.
    (d) State Allotments.--From the amounts made available to carry out 
this section for each fiscal year remaining after the reservation 
required under subsection (c), the Secretary shall make grants 
available to States in accordance with section 3016.
    (e) Quality Assurance Programs.--
            (1) In general.--A State or Indian tribe may use a grant 
        made under this section to carry out a quality assurance 
        program that is--
                    (A) operated as part of a State energy conservation 
                plan established under part D of title III of the 
                Energy Policy and Conservation Act (42 U.S.C. 6321 et 
                seq.);
                    (B) managed by the office or the designee of the 
                office that is--
                            (i) responsible for the development of the 
                        plan under section 362 of that Act (42 U.S.C. 
                        6322); and
                            (ii) to the maximum extent practicable, 
                        conducting an existing efficiency program; and
                    (C) in the case of a grant made to an Indian tribe, 
                managed by an entity designated by the Indian tribe to 
                carry out a quality assurance program or a national 
                quality assurance program manager.
            (2) Noncompliance.--If the Secretary determines that a 
        State or Indian tribe has not provided or cannot provide 
        adequate oversight over a quality assurance program to ensure 
        compliance with this title, the Secretary may--
                    (A) withhold further quality assurance funds from 
                the State or Indian tribe; and
                    (B) require that quality assurance providers 
                operating in the State or by the Indian tribe be 
                overseen by a national quality assurance program 
                manager selected by the Secretary.
    (f) Implementation.--A State or Indian tribe that receives a grant 
under this section may implement a quality assurance program through 
the State, the Indian tribe, or a third party designated by the State 
or Indian tribe, including--
            (1) an energy or water service company;
            (2) an electric utility;
            (3) a natural gas utility;
            (4) a third-party administrator designated by the State or 
        Indian tribe;
            (5) a unit of local government; or
            (6) a public or private water utility.
    (g) Public-private Partnerships.--A State or Indian tribe that 
receives a grant under this section are encouraged to form partnerships 
with utilities, energy service companies, and other entities--
            (1) to assist in marketing a program;
            (2) to facilitate consumer financing;
            (3) to assist in implementation of the Silver Star Home 
        Retrofit Program and the Gold Star Home Retrofit Program, 
        including installation of qualified retrofit measures; and
            (4) to assist in implementing quality assurance programs.
    (h) Coordination of Rebate and Existing State-sponsored Programs.--
            (1) In general.--A State or Indian tribe shall, to the 
        maximum extent practicable, prevent duplication through 
        coordination of a program authorized under this title with--
                    (A) the Energy Star appliance rebates program 
                authorized under the American Recovery and Reinvestment 
                Act of 2009 (Public Law 111-5; 123 Stat. 115); and
                    (B) comparable programs planned or operated by 
                States, political subdivisions, electric and natural 
                gas utilities, Federal power marketing administrations, 
                and Indian tribes.
            (2) Existing programs.--In carrying out this subsection, a 
        State or Indian tribe shall--
                    (A) give priority to--
                            (i) comprehensive retrofit programs in 
                        existence on the date of enactment of this Act, 
                        including programs under the supervision of 
                        State utility regulators; and
                            (ii) using Home Star funds made available 
                        under this title to enhance and extend existing 
                        programs; and
                    (B) seek to enhance and extend existing programs by 
                coordinating with administrators of the programs.

SEC. 3010. QUALITY ASSURANCE FRAMEWORK.

    (a) In General.--Not later than 180 days after the date that the 
Secretary initially provides funds to a State under this title, the 
State shall submit to the Secretary a plan to implement a quality 
assurance framework.
    (b) Model State Plans.--The Secretary shall--
            (1) as soon as practicable after the date of enactment of 
        this Act, solicit the submission of model State quality 
        assurance framework plans that are consistent with this 
        section; and
            (2) not later than 60 days after the date of enactment or 
        the receipt of funding to carry out this title (whichever is 
        later), approve 1 or more such model plans that incorporate 
        nationally consistent high standards for optional use by 
        States.
    (c) Implementation.--The State shall--
            (1) develop a quality assurance framework in consultation 
        with industry stakeholders, including representatives of 
        efficiency program managers, contractors, and environmental, 
        efficiency, and labor organizations; and
            (2) implement the quality assurance framework not later 
        than 1 year after the date of enactment of this Act.
    (d) Components.--The quality assurance framework established under 
this section shall include--
            (1) a requirement that contractors performing covered 
        retrofits meet--
                    (A) the accreditation, workforce certification, and 
                all other requirements established under section 
                3004(b); and
                    (B) minimum standards for accredited contractors, 
                including--
                            (i) compliance with applicable Federal, 
                        State, and local laws;
                            (ii) maintenance of records needed to 
                        verify compliance; and
                            (iii) use of independent contractors only 
                        when appropriately classified as such pursuant 
                        to Revenue Ruling 87-41 and section 530 of the 
                        Revenue Act of 1978 and relevant State law;
            (2) maintenance of a list of accredited contractors;
            (3) requirements for maintenance and delivery to the 
        Federal Rebate Processing System of information needed to 
        verify compliance and ensure appropriate compensation for 
        quality assurance providers;
            (4) targets and realistic plans for--
                    (A) the recruitment of minority- and women-owned 
                small business enterprises;
                    (B) the employment of graduates of training 
                programs that primarily serve targeted workers;
                    (C) the employment of targeted workers; and
                    (D) the availability of financial assistance under 
                the Home Star loan program to--
                            (i) public use microdata areas that have a 
                        poverty rate of 12 percent or more; and
                            (ii) homeowners served by units of local 
                        government in jurisdictions that have an 
                        unemployment rate that is 2 percent higher than 
                        the national unemployment rate;
            (5) a plan to link workforce training for efficiency 
        retrofits with training for the broader range of skills and 
        occupations in construction or emerging clean energy 
        industries;
            (6) quarterly reports to the Secretary on the progress of 
        implementation of the quality assurance framework and any 
        success in meeting the targets and plans; and
            (7) maintenance of a list of qualified quality assurance 
        providers and minimum standards for the quality assurance 
        providers.
    (e) Noncompliance.--If the Secretary determines that a State that 
has elected to implement a quality assurance program, but has failed to 
plan, develop, or implement a quality assurance framework in accordance 
with this section, the Secretary shall suspend further grants for State 
administration pursuant to section 3016(b)(1).
    (f) Coordination.--The Secretary shall take reasonable steps 
consistent with the existing authority of the Secretary to promote 
coordination between State quality assurance frameworks and any 
residential retrofit program funded in whole or in part by the 
Secretary, which may include the adoption of standards established 
under the quality assurance frameworks and the use of participating 
accredited contractors.
    (g) Exclusions.--The quality assurance frameworks shall not apply 
to any measures or activities under the Silver Star Home Retrofit 
Program.

SEC. 3011. REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report on the use of funds 
under this title.
    (b) Contents.--The report shall include a description of--
            (1) the savings produced as a result of this title;
            (2) the direct and indirect employment created as a result 
        of the programs supported by the funds provided under this 
        title;
            (3) the specific entities implementing the efficiency 
        programs;
            (4) the beneficiaries who received the efficiency 
        improvements;
            (5) the manner in which funds provided under this title 
        were used;
            (6) the sources (such as mortgage lenders, utility 
        companies, and local governments) and types of financing used 
        by the beneficiaries to finance the retrofit expenses that were 
        not covered by grants provided under this title; and
            (7) the results of verification requirements; and
            (8) any other information the Secretary considers 
        appropriate
    (c) Noncompliance.--If the Secretary determines that a rebate 
aggregator, State, or Indian tribe has not provided the information 
required under this section, the Secretary shall provide to the rebate 
aggregator, State, or Indian tribe a period of at least 90 days to 
provide any necessary information, subject to penalties imposed by the 
Secretary for entities other than States and Indian tribes, which may 
include withholding of funds or reduction of future grant amounts.

SEC. 3012. ADMINISTRATION.

    (a) In General.--Subject to section 3016(b), not later than 30 days 
after the date of enactment of this Act, the Secretary shall provide 
such administrative and technical support to rebate aggregators, 
States, and Indian tribes as is necessary to carry out the functions 
designated to States under this title.
    (b) Appointment of Personnel.--Notwithstanding the provisions of 
title 5, United States Code, governing appointments in the competitive 
service and General Schedule classifications and pay rates, the 
Secretary may appoint such professional and administrative personnel as 
the Secretary considers necessary to carry out this title.
    (c) Rate of Pay.--The rate of pay for a person appointed under 
subsection (a) shall not exceed the maximum rate payable for GS-15 of 
the General Schedule under chapter 53 of title 5, United States Code.
    (d) Consultants.--Notwithstanding section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253), the 
Secretary may retain such consultants on a noncompetitive basis as the 
Secretary considers necessary to carry out this title.
    (e) Contracting.--In carrying out this title, the Secretary may 
waive all or part of any provision of the Competition in Contracting 
Act of 1984 (Public Law 98-369; 98 Stat. 1175), an amendment made by 
that Act, or the Federal Acquisition Regulation on a determination that 
circumstances make compliance with the provisions contrary to the 
public interest.
    (f) Regulations.--
            (1) In general.--Notwithstanding section 553 of title 5, 
        United States Code, the Secretary may issue regulations that 
        the Secretary, in the sole discretion of the Secretary, 
        determines necessary to carry out the Home Star Retrofit Rebate 
        Program.
            (2) Deadline.--If the Secretary determines that regulations 
        described in paragraph (1) are necessary, the regulations shall 
        be issued not later than 60 days after the date of the 
        enactment of this Act.
            (3) Limitations.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall not use the authority provided under 
                this subsection--
                            (i) to develop, adopt, or implement a 
                        public labeling system that rates and compares 
                        the energy or water performance of 1 home with 
                        another home; or
                            (ii) to require the public disclosure of an 
                        energy or water performance evaluation or 
                        rating developed for any specific home.
                    (B) Administration.--Nothing in this paragraph 
                precludes--
                            (i) the computation, collection, or use by 
                        the Secretary, rebate aggregators, quality 
                        assurance providers, or States, for the 
                        purposes of carrying out sections 3007 and 
                        3008, of information on the rating and 
                        comparison of the energy and water performance 
                        of homes with and without energy or water 
                        efficiency features or an energy or water 
                        performance evaluation or rating;
                            (ii) the use and publication of aggregate 
                        data (without identifying individual homes or 
                        participants) based on information referred to 
                        in clause (i) to determine or demonstrate the 
                        performance of the Home Star program; or
                            (iii) the provision of information referred 
                        to in clause (i) with respect to a specific 
                        home--
                                    (I) to the State, homeowner, 
                                quality assurance provider, rebate 
                                aggregator, or contractor performing 
                                retrofit work on that home, or an 
                                entity providing Home Star services, as 
                                necessary to enable carrying out this 
                                title; or
                                    (II) for purposes of prosecuting 
                                fraud or abuse.
            (4) Watersense products or services.--In issuing 
        regulations under this subsection, the Secretary shall 
        coordinate with the Administrator to carry out the provisions 
        of the Home Star Retrofit Rebate Program relating to WaterSense 
        products or services.
    (g) Information Collection.--Chapter 35 of title 44, United States 
Code, shall not apply to any information collection requirement 
necessary for the implementation of the Home Star Retrofit Rebate 
Program.
    (h) Adjustment of Rebate Amounts.--Effective beginning on the date 
that is 180 days after the date of enactment of this Act, the Secretary 
may, after not less than 30 days public notice, prospectively adjust 
the rebate amounts provided in this section based on--
            (1) the use of the Silver Star Home Retrofit Program and 
        the Gold Star Home Retrofit Program; and
            (2) other program data.

SEC. 3013. TREATMENT OF REBATES.

    (a) In General.--For purposes of the Internal Revenue Code of 1986, 
rebates received for eligible measures under this title--
            (1) shall not be considered taxable income to a homeowner;
            (2) shall prohibit the consumer from applying for a tax 
        credit allowed under section 25C or 25D of that Code for the 
        same eligible measures performed in the home of the homeowner; 
        and
            (3) shall be considered a credit allowed under section 25C 
        or 25D of that Code for purposes of any limitation on the 
        amount of the credit under that section.
    (b) Notice.--
            (1) In general.--A participating contractor shall provide 
        notice to a homeowner of the provisions of subsection (a) 
        before eligible work is performed in the home of the homeowner.
            (2) Notice in rebate form.--A homeowner shall be notified 
        of the provisions of subsection (a) in the appropriate rebate 
        form developed by the Secretary, in consultation with the 
        Secretary of the Treasury.
            (3) Availability of rebate form.--A participating 
        contractor shall obtain the rebate form on a designated website 
        in accordance with section 3003(b)(1)(A)(iii).

SEC. 3014. PENALTIES.

    (a) In General.--It shall be unlawful for any person to violate 
this title (including any regulation issued under this title), other 
than a violation as the result of a clerical error.
    (b) Civil Penalty.--Any person who commits a violation of this 
title shall be liable to the United States for a civil penalty in an 
amount that is not more than the higher of--
            (1) $15,000 for each violation; or
            (2) 3 times the value of any associated rebate under this 
        title.
    (c) Administration.--The Secretary may--
            (1) assess and compromise a penalty imposed under 
        subsection (b); and
            (2) require from any entity the records and inspections 
        necessary to enforce this title.
    (d) Exclusion.--A State may bar a contractor from receiving receive 
rebates under this title if the contractor has committed repeated 
violations of this title.
    (e) Fraud.--In addition to any civil penalty, any person who 
commits a fraudulent violation of this title shall be subject to 
criminal prosecution.

SEC. 3015. HOME STAR EFFICIENCY LOAN PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible participant.--The term ``eligible 
        participant'' means a homeowner who receives financial 
        assistance from a qualified financing entity to carry out 
        energy or water efficiency or renewable energy improvements to 
        an existing home or other residential building of the homeowner 
        in accordance with the Gold Star Home Retrofit Program or the 
        Silver Star Home Retrofit Program.
            (2) Program.--The term ``program'' means the Home Star 
        Efficiency Loan Program established under subsection (b).
            (3) Qualified financing entity.--The term ``qualified 
        financing entity'' means a State, political subdivision of a 
        State, tribal government, electric utility, natural gas 
        utility, nonprofit or community-based organization, energy 
        service company, retailer, public water system, or any other 
        qualified entity that--
                    (A) meets the eligibility requirements of this 
                section; and
                    (B) is designated by the Governor of a State in 
                accordance with subsection (e).
            (4) Qualified loan program mechanism.--The term ``qualified 
        loan program mechanism'' means a loan program that is--
                    (A) administered by a qualified financing entity; 
                and
                    (B) principally funded--
                            (i) by funds provided by or overseen by a 
                        State or local government; or
                            (ii) through the energy loan program of the 
                        Federal National Mortgage Association.
    (b) Establishment.--The Secretary shall establish a Home Star 
Efficiency Loan Program under which the Secretary shall make funds 
available to States to support financial assistance provided by 
qualified financing entities for making, to existing homes, efficiency 
improvements that qualify under the Gold Star Home Retrofit Program or 
the Silver Star Home Retrofit Program.
    (c) Eligibility of Qualified Financing Entities.--To be eligible to 
participate in the program, a qualified financing entity shall--
            (1) offer a financing product under which eligible 
        participants may pay over time for the cost to the eligible 
        participant (after all applicable Federal, State, local, and 
        other rebates or incentives are applied) of making improvements 
        described in subsection (b);
            (2) require all financed improvements to be performed by 
        contractors in a manner that meets minimum standards that are 
        at least as stringent as the standards provided under sections 
        3007 and 3008; and
            (3) establish standard underwriting criteria to determine 
        the eligibility of program applicants, which criteria shall be 
        consistent with--
                    (A) with respect to unsecured consumer loan 
                programs, standard underwriting criteria used under the 
                energy loan program of the Federal National Mortgage 
                Association; or
                    (B) with respect to secured loans or other forms of 
                financial assistance, commercially recognized best 
                practices applicable to the form of financial 
                assistance being provided (as determined by the 
                designated entity administering the program in the 
                State).
    (d) Allocation.--In making funds available to States for each 
fiscal year under this section, the Secretary shall use the formula 
used to allocate funds to States to carry out State energy conservation 
plans established under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.).
    (e) Qualified Financing Entities.--Before making funds available to 
a State under this section, the Secretary shall require the Governor of 
the State to provide to the Secretary a letter of assurance that the 
State--
            (1) has 1 or more qualified financing entities that meet 
        the requirements of this section;
            (2) has established a qualified loan program mechanism 
        that--
                    (A) includes a methodology to ensure credible 
                energy or water savings or renewable energy generation;
                    (B) incorporates an effective repayment mechanism, 
                which may include--
                            (i) on-utility-bill repayment;
                            (ii) tax assessment or other form of 
                        property assessment financing;
                            (iii) municipal service charges;
                            (iv) energy, water, or energy or water 
                        efficiency services contracts;
                            (v) efficiency power purchase agreements;
                            (vi) unsecured loans applying the 
                        underwriting requirements of the energy loan 
                        program of the Federal National Mortgage 
                        Association; or
                            (vii) alternative contractual repayment 
                        mechanisms that have been demonstrated to have 
                        appropriate risk mitigation features; and
                    (C) will provide, in a timely manner, all 
                information regarding the administration of the program 
                as the Secretary may require to permit the Secretary to 
                meet the reporting requirements of subsection (h).
    (f) Use of Funds.--Funds made available to States under the program 
may be used to support financing products offered by qualified 
financing entities to eligible participants for eligible efficiency 
work, by providing--
            (1) interest rate reductions;
            (2) loan loss reserves or other forms of credit 
        enhancement;
            (3) revolving loan funds from which qualified financing 
        entities may offer direct loans; or
            (4) other debt instruments or financial products 
        necessary--
                    (A) to maximize leverage provided through available 
                funds; and
                    (B) to support widespread deployment of efficiency 
                finance programs.
    (g) Use of Repayment Funds.--In the case of a revolving loan fund 
established by a State described in subsection (f)(3), a qualified 
financing entity may use funds repaid by eligible participants under 
the program to provide financial assistance for additional eligible 
participants to make improvements described in subsection (b) in a 
manner that is consistent with this section or other such criteria as 
are prescribed by the State.
    (h) Program Evaluation.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress a program 
evaluation that describes--
            (1) how many eligible participants have participated in the 
        program;
            (2) how many jobs have been created through the program, 
        directly and indirectly;
            (3) what steps could be taken to promote further deployment 
        of energy and water efficiency and renewable energy retrofits;
            (4) the quantity of verifiable energy and water savings, 
        homeowner energy and water bill savings, and other benefits of 
        the program; and
            (5) the performance of the programs carried out by 
        qualified financing entities under this section, including 
        information on the rate of default and repayment.
    (i) Credit Support for Financing Programs.--Section 1705 of the 
Energy Policy Act of 2005 (42 U.S.C. 16516) (as amended by section 
2132(b)) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(5) Energy and water efficiency projects, including 
        projects to retrofit residential, commercial, and industrial 
        buildings, facilities, and equipment, including financing 
        programs that finance the retrofitting of residential, 
        commercial, and industrial buildings, facilities, and 
        equipment.''.
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Credit Support for Financing Programs.--
            ``(1) In general.--In the case of programs that finance the 
        retrofitting of residential, commercial, and industrial 
        buildings, facilities, and equipment described in subsection 
        (a)(4), the Secretary may--
                    ``(A) offer loan guarantees for portfolios of debt 
                obligations; and
                    ``(B) purchase or make commitments to purchase 
                portfolios of debt obligations.
            ``(2) Term.--Notwithstanding section 1702(f), the term of 
        any debt obligation that receives credit support under this 
        subsection shall require full repayment over a period not to 
        exceed the lesser of--
                    ``(A) 30 years; and
                    ``(B) the projected weighted average useful life of 
                the measure or system financed by the debt obligation 
                or portfolio of debt obligations (as determined by the 
                Secretary).
            ``(3) Underwriting.--The Secretary may--
                    ``(A) delegate underwriting responsibility for 
                portfolios of debt obligations under this subsection to 
                financial institutions that meet qualifications 
                determined by the Secretary; and
                    ``(B) determine an appropriate percentage of loans 
                in a portfolio to review in order to confirm sound 
                underwriting.
            ``(4) Administration.--Subsections (c) and (d)(3) of 
        section 1702 and subsection (c) of this section shall not apply 
        to loan guarantees made under this subsection.''.
    (j) Termination of Effectiveness.--The authority provided by this 
section and the amendments made by this section terminates effective on 
the date that is 2 years after the date of enactment of this Act.

SEC. 3016. FUNDING.

    (a) Funding.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        title $5,000,000,000, to remain available until September 30, 
        2012.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this title the funds transferred under paragraph (1), without 
        further appropriation. 
            (3) Maintenance of funding.--Funds provided under this 
        section shall supplement and not supplant any Federal and State 
        funding provided to carry out efficiency programs in existence 
        on the date of enactment of this Act.
    (b) Grants to States.--
            (1) In general.--Of the amount provided under subsection 
        (a), $380,000,000 or not more than 6 percent, whichever is 
        less, shall be used to carry out section 3009.
            (2) Distribution to state energy offices.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary shall--
                            (i) provide to State energy offices 25 
                        percent of the funds described in paragraph 
                        (1); and
                            (ii) determine a formula to provide the 
                        balance of funds to State energy offices 
                        through a performance-based system.
                    (B) Allocation.--
                            (i) Allocation formula.--Funds described in 
                        subparagraph (A)(i) shall be made available in 
                        accordance with the allocation formula for 
                        State energy conservation plans established 
                        under part D of title III of the Energy Policy 
                        and Conservation Act (42 U.S.C.6321 et seq.).
                            (ii) Performance-based system.--The balance 
                        of the funds described in subparagraph (A)(ii) 
                        shall be made available in accordance with the 
                        performance-based system described in 
                        subparagraph (A)(ii) designed to support the 
                        objectives of achieving efficiency gains, 
                        employment of underemployed workers, and 
                        implementing quality assurance programs and 
                        frameworks in participating States.
    (c) Quality Assurance Costs.--
            (1) In general.--Of the amount provided under subsection 
        (a), not more than 5 percent shall be used to carry out the 
        quality assurance provisions of this title.
            (2) Management.--Funds provided under this subsection shall 
        be overseen by--
                    (A) State energy offices described in subsection 
                (b)(2); or
                    (B) other entities determined by the Secretary to 
                be eligible to carry out quality assurance functions 
                under this title.
            (3) Distribution to quality assurance providers or rebate 
        aggregators.--The Secretary shall use funds provided under this 
        subsection to compensate quality assurance providers, or rebate 
        aggregators, for services under the Silver Star Home Retrofit 
        Program or the Gold Star Home Retrofit Program through the 
        Federal Rebate Processing Center based on the services provided 
        to contractors under a quality assurance program and rebate 
        aggregation.
            (4) Incentives.--The amount of incentives provided to 
        quality assurance providers or rebate aggregators shall be--
                    (A)(i) in the case of the Silver Star Home Retrofit 
                Program--
                            (I) $25 per rebate review and submission 
                        provided under the program; and
                            (II) $150 for each field inspection 
                        conducted under the program; and
                    (ii) in the case of the Gold Star Home Retrofit 
                Program--
                            (I) $35 for each rebate review and 
                        submission provided under the program; and
                            (II) $300 for each field inspection 
                        conducted under the program; or
                    (B) such other amounts as the Secretary considers 
                necessary to carry out the quality assurance provisions 
                of this title.
    (d) Tracking of Rebates and Expenditures.--Of the amount provided 
under subsection (a), not more than $150,000,000 shall be used for 
costs associated with database systems to track rebates and 
expenditures under this title and related administrative costs incurred 
by the Secretary.
    (e) Public Education and Coordination.--Of the amount provided 
under subsection (a), not more than $10,000,000 shall be used for costs 
associated with public education and coordination with the Federal 
Energy Star program incurred by the Administrator.
    (f) Indian Tribes.--Of the amount provided under subsection (a), 
the Secretary shall reserve not more than 3 percent to make grants 
available to Indian tribes under this section.
    (g) Silver Star Home Retrofit Program.--
            (1) In general.--In the case of the Silver Star Home 
        Retrofit Program, of the amount provided under subsection (a) 
        after funds are provided in accordance with subsections (b) 
        through (f), \2/3\ of the remaining funds for the 1-year period 
        beginning on the date of enactment of this Act (less any 
        amounts required under subsection (f)) shall be used by the 
        Secretary to provide rebates and incentives authorized under 
        the Silver Star Home Retrofit Program.
            (2) Products purchased without installation services.--Of 
        the amounts made available for the Silver Star Home Retrofit 
        Program under this section, not more than $250,000,000 shall be 
        made available for rebates under section 3007(e).
    (h) Gold Star Home Retrofit Program.--
            (1) In general.--In the case of the Gold Star Home Retrofit 
        Program, of the amount provided under subsection (a) after 
        funds are provided in accordance with subsections (b) through 
        (g), \1/3\ of the remaining funds for the 2-year period 
        beginning on the date of enactment of this Act (less any 
        amounts required under subsection (f)) shall be used by the 
        Secretary to provide rebates and incentives authorized under 
        the Gold Star Home Retrofit Program.
            (2) Water efficiency retrofits.--Of the amounts made 
        available for the Gold Star Home Retrofit Program under this 
        section, $70,000,000 shall be made available for rebates for 
        water efficiency retrofits under section 3008.
    (i) Program Review and Backstop Funding.--
            (1) Review and analysis.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                perform a State-by-State analysis and review the 
                distribution of Home Star retrofit rebates under this 
                title.
                    (B) Rental units.--Not later than 120 days after 
                the date of enactment of this Act, the Secretary shall 
                perform a review and analysis, with input and review 
                from the Secretary of Housing and Urban Development, of 
                the procedures for delivery of services to rental 
                units.
            (2) Adjustment.--The Secretary may allocate technical 
        assistance funding to assist States that, as determined by the 
        Secretary--
                    (A) have not sufficiently benefitted from the Home 
                Star Retrofit Rebate Program; or
                    (B) in which rental units have not been adequately 
                served.
    (j) Return of Undisbursed Funds.--
            (1) Silver star home retrofit program.--If the Secretary 
        has not disbursed all the funds available for rebates under the 
        Silver Star Home Retrofit Program by the date that is 1 year 
        after the date of enactment of this Act, any undisbursed funds 
        shall be made available to the Gold Star Home Retrofit Program.
            (2) Gold star home retrofit program.--If the Secretary has 
        not disbursed all the funds available for rebates under the 
        Gold Star Home Retrofit Program by the date that is 2 years 
        after the date of enactment of this Act, any undisbursed funds 
        shall be returned to the Treasury.
    (k) Financing.--Of the amounts allocated to the States under 
subsection (b), not less than $200,000,000 shall be used to carry out 
the financing provisions of this title in accordance with section 3015.

                 DIVISION D--PROTECTING THE ENVIRONMENT

    TITLE XL--LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Land and Water Conservation 
Authorization and Funding Act of 2010''.

SEC. 4002. PERMANENT AUTHORIZATION; FULL FUNDING.

    (a) Purposes.--The purposes of the amendments made by subsection 
(b) are--
            (1) to provide consistent and reliable authority for, and 
        for the funding of, the land and water conservation fund 
        established under section 2 of the Land and Water Conservation 
        Fund Act of 1965 (16 U.S.C. 460l-5); and
            (2) to maximize the effectiveness of the fund for future 
        generations.
    (b) Amendments.--
            (1) Permanent authorization.--Section 2 of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is 
        amended--
                    (A) in the matter preceding subsection (a), by 
                striking ``During the period ending September 30, 2015, 
                there'' and inserting ``There''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``through 
                        September 30, 2015''; and
                            (ii) in paragraph (2), by striking ``: 
                        Provided,'' and all that follows through the 
                        end of the sentence and inserting a period..
            (2) Full funding.--Section 3 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to 
        read as follows:

``SEC. 3. AVAILABILITY OF FUNDS.

    ``(a) In General.--
            ``(1) Fiscal years 2011 through 2015.--For each of fiscal 
        years 2011 through 2015, $900,000,000 of amounts covered into 
        the fund under section 2 shall be available for expenditure to 
        carry out the purposes of this Act, without further 
        appropriation.
            ``(2) Fiscal year 2016.--For fiscal year 2016--
                    ``(A) $425,000,000 of amounts covered into the fund 
                under section 2 shall be available for expenditure to 
                carry out the purposes of this Act, without further 
                appropriation; and
                    ``(B) the remainder of amounts covered into the 
                fund shall be available subject to appropriations, 
                which may be made without fiscal year limitation.
            ``(3) Fiscal years 2017 through 2020.--For each of fiscal 
        years 2017 through 2020, amounts covered into the fund under 
        section 2 shall be available for expenditure to carry out the 
        purposes of this Act subject to appropriations, which may be 
        made without fiscal year limitation.
            ``(4) Fiscal year 2021 and subsequent fiscal years.--For 
        fiscal year 2021 and each fiscal year thereafter--
                    ``(A) $500,000,000 of amounts covered into the fund 
                under section 2 shall be available to carry out the 
                purposes of this Act, without further appropriation; 
                and
                    ``(B) the remainder of amounts covered into the 
                fund shall be available subject to appropriations, 
                which may be made without fiscal year limitation.
    ``(b) Uses.--Amounts made available for obligation or expenditure 
from the fund may be obligated or expended only as provided in this 
Act.''.
    (c) Allocation of Land and Water Conservation Fund for State and 
Federal Purposes.--Section 5 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-7) is amended--
            (1) in the first sentence, by inserting ``or expenditures'' 
        after ``appropriations'';
            (2) in the second sentence--
                    (A) by inserting ``or expenditures'' after 
                ``appropriations''; and
                    (B) by inserting before the period at the end the 
                following: ``, including the amounts to be allocated 
                from the fund for Federal and State purposes''; and
            (3) by striking ``Those appropriations from'' and all that 
        follows through the end of the section.
    (d) Conforming Amendments.--Section 6(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended --
            (1) in the matter preceding paragraph (1), by inserting 
        ``or expended'' after ``appropriated'';
            (2) in paragraph (1)--
                    (A) by inserting ``or expenditures'' after 
                ``appropriations''; and
                    (B) by striking ``; and'' and inserting a period; 
                and
            (3) in the first sentence of paragraph (2), by inserting 
        ``or expenditure'' after ``appropriation''.
    (e) Federal Land Acquisition Projects.--Section 7(a) of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)) is 
amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively;
            (2) in the matter preceding paragraph (2) (as redesignated 
        by paragraph (1), by striking ``Moneys appropriated'' and all 
        that follows through ``subpurposes'' and inserting the 
        following:
            ``(1) Priority list.--
                    ``(A) In general.--The President shall transmit, as 
                part of the annual budget proposal, a priority list for 
                Federal land acquisition projects.
                    ``(B) Availability of amounts.--
                            ``(i) In general.--Amounts shall be made 
                        available from the fund, without further 
                        appropriation, on the date that is 15 days 
                        after the date on which the Congress adjourns 
                        sine die for each year, for the projects on the 
                        priority list of the President, unless prior to 
                        that date, legislation is enacted establishing 
                        an alternate priority list, in which case 
                        amounts from the fund shall be made available, 
                        without further appropriation, for expenditure 
                        on the projects on the alternate priority list.
                            ``(ii) Alternate priority list.--If 
                        Congress enacts legislation establishing an 
                        alternate priority list and the priority list 
                        provides for less than the amount made 
                        available for that fiscal year under this 
                        subsection, the difference between that amount 
                        and the amount required to fund projects on the 
                        alternate priority list shall be available for 
                        expenditure, without further appropriation, in 
                        accordance with the priority list submitted by 
                        the President.
                    ``(C) Duties of secretaries.--
                            ``(i) In general.--In developing the annual 
                        land acquisition priority list required under 
                        subparagraph (A), the President shall require 
                        the Secretary of the Interior and the Secretary 
                        of Agriculture to develop the priority list for 
                        the sites under the jurisdiction of that 
                        Secretary.
                            ``(ii) Consultation.--The Secretary of the 
                        Interior and the Secretary of Agriculture shall 
                        prepare the priority list described in 
                        subparagraph (A) in consultation with the head 
                        of each affected Federal agency.
                            ``(iii) Recreational access.--
                                    ``(I) In general.--In preparing the 
                                priority list under subparagraph (A), 
                                the Secretary of the Interior and the 
                                Secretary of Agriculture shall ensure 
                                that not less than 1.5 percent of the 
                                annual authorized funding amount is 
                                made available each year for projects 
                                that secure recreational public access 
                                to existing Federal public land for 
                                hunting, fishing, and other 
                                recreational purposes through 
                                easements, rights-of-way, or fee title 
                                acquisitions.
                                    ``(II) Acquisition of land.--For 
                                each recreational access project 
                                carried out under subclause (I), the 
                                land or interest in land shall be 
                                acquired by the Federal Government only 
                                from willing sellers.''; and
            (3) in paragraph (2) (as redesignated by paragraph (1)), by 
        striking ``For the acquisition of land'' and all that follows 
        through ``as follows:'' and inserting the following:
            ``(3) Use of funds.--Amounts from the fund for the 
        acquisition of land, waters, or interests in land or waters 
        under this Act shall be used as follows:''.
    (f) Conforming Amendment.--Section 9 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-10a) is amended in the 
first sentence by striking ``section 7(a)(1) of this Act'' and 
inserting ``section 7(a)(2)''.

     TITLE XLI--NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE PROTECTION

SEC. 4101. SHORT TITLE.

    This title may be cited as the ``National Wildlife Refuge System 
Resource Protection Act of 2010''.

SEC. 4102. DEFINITIONS.

    In this title:
            (1) Damages.--The term ``damages'' includes, when used in 
        connection with compensation--
                    (A) compensation for--
                            (i)(I) the cost of replacing, restoring, 
                        rehabilitating, or acquiring the equivalent of 
                        a refuge system resource; and
                            (II) the value of any significant loss of 
                        use of a refuge system resource pending its 
                        restoration or replacement or the acquisition 
                        of an equivalent resource; or
                            (ii) the value of the refuge system 
                        resource if the resource cannot be replaced or 
                        restored; and
                    (B) the cost of damage assessments under this 
                section.
            (2) Fish and wildlife service system resource.--
                    (A) In general.--The term ``Fish and Wildlife 
                Service system resource'' means any living or nonliving 
                resource that is located within the boundaries of a 
                unit of--
                            (i) the National Wildlife Refuge System;
                            (ii) the National Fish Hatchery System; or
                            (iii) other land managed by the United 
                        States Fish and Wildlife Service.
                    (B) Exclusion.--The term ``Fish and Wildlife 
                Service system resource'' does not include a resource 
                owned by a non-Federal entity.
            (3) Marine or aquatic refuge system resource.--
                    (A) In general.--The term ``marine or aquatic 
                refuge system resource'' means any living or nonliving 
                part of a marine or aquatic regimen that is located 
                within the boundaries of a unit of--
                            (i) the National Wildlife Refuge System; or
                            (ii) the National Fish Hatchery System.
                    (B) Exclusion.--The term ``marine or aquatic refuge 
                system resource'' does not include a resource owned by 
                a non-Federal entity.
            (4) Refuge system resource.--The term ``refuge system 
        resource'' means--
                    (A) a Fish and Wildlife Service system resource; 
                and
                    (B) a marine or aquatic refuge system resource.
            (5) Regimen.--The term ``regimen'' means a water column and 
        submerged land, up to the high-tide or high-water line.
            (6) Response costs.--The term ``response costs'' means the 
        costs of actions taken by the Secretary--
                    (A) to prevent or minimize destruction or loss of 
                or injury to refuge system resources;
                    (B) to abate or minimize the imminent risk of such 
                destruction, loss, or injury; or
                    (C) to monitor ongoing effects of incidents causing 
                such destruction, loss, or injury.

SEC. 4103. LIABILITY.

    (a) In General.--Subject to subsection (c), any person that 
destroys, damages, causes the loss of, or injures any refuge system 
resource is liable to the United States for response costs and damages 
resulting from the destruction, loss, or injury.
    (b) Liability in Rem.--Any instrumentality (including a vessel, 
vehicle, aircraft, or other equipment) that destroys, causes the loss 
of, or injures any refuge system resource shall be liable in rem to the 
United States for response costs and damages resulting from the 
destruction, loss, or injury to the same extent as a person is liable 
under subsection (a).
    (c) Defenses.--A person shall not be liable under this section if 
the person establishes that--
            (1) the destruction, loss of, or injury to the refuge 
        system resource was caused solely by an act of God or act of 
        war, if the person exercised due care to employ safety 
        precautions and best management practices to minimize potential 
        destruction, loss, or injury in advance of an act of God or act 
        of war;
            (2) the person acted with due care, and the destruction, 
        loss of, or injury to the refuge system resource was caused 
        solely by an act or omission of a third party, other than an 
        employee or agent of the person; or
            (3) the destruction, loss, or injury to the refuge system 
        resource was caused by an activity authorized by Federal or 
        State law, if the activity was conducted in accordance with 
        Federal and State law.
    (d) Scope.--Liability under this section shall be in addition to 
any other liability that may arise under Federal or State law.

SEC. 4104. ACTIONS.

    (a) Civil Actions for Response Costs and Damages.--
            (1) In general.--If the Secretary makes a finding of damage 
        to a refuge system resource or makes a finding that, absent 
        response costs, damage to a refuge system resource will occur 
        and the Secretary requests the Attorney General to initiate 
        action, the Attorney General may commence a civil action in the 
        United States district court for the appropriate district 
        against any person that may be liable under section 4103 for 
        response costs and damages.
            (2) Requests for action.--The Secretary shall submit a 
        request for an action described in paragraph (1) to the 
        Attorney General if a person may be liable or an 
        instrumentality may be liable in rem for response costs and 
        damages under section 4103.
    (b) Response Actions and Assessment of Damages.--
            (1) In general.--The Secretary shall take all necessary 
        actions--
                    (A) to prevent or minimize the destruction, loss 
                of, or injury to a refuge system resource; or
                    (B) to minimize the imminent risk of such 
                destruction, loss, or injury.
            (2) Monitoring.--The Secretary shall assess and monitor 
        damages to refuge system resources.

SEC. 4105. USE OF RECOVERED AMOUNTS.

    (a) In General.--Subject to subsections (b) and (c), response costs 
and damages recovered by the Secretary under this title or amounts 
recovered by the Federal Government under any Federal, State, or local 
law (including regulations) or otherwise as a result of damage to any 
living or nonliving resource located within a unit managed by the 
United States Fish and Wildlife Service (other than resources owned by 
a non-Federal entity) shall be available to the Secretary, without 
further appropriation--
            (1) to reimburse response costs and damage assessments 
        incurred by the Secretary or other Federal agencies as the 
        Secretary considers appropriate; or
            (2) to restore, replace, or acquire the equivalent of 
        resources that were the subject of an action and to monitor and 
        study the resources.
    (b) Acquisition.--No funds may be used under subsection (a) to 
acquire any land, water, or interest or right in land or water unless 
the acquisition is--
            (1) specifically approved in advance in an appropriations 
        Act; and
            (2) consistent with any limitations contained in the 
        organic law authorizing the refuge unit.
    (c) Excess Funds.--Any amounts remaining after expenditures 
pursuant to subsection (a) shall be deposited into the general fund of 
the Treasury.

SEC. 4106. DONATIONS.

    (a) In General.--The Secretary may accept donations of money or 
services for expenditure or employment to meet expected, immediate, or 
ongoing response costs.
    (b) Availability.--The donations may be expended or employed at any 
time after the acceptance of the donation, without further 
appropriation.

              TITLE XLII--GULF COAST ECOSYSTEM RESTORATION

SEC. 4201. GULF COAST ECOSYSTEM RESTORATION.

    (a) Definitions.--In this section:
            (1) Comprehensive plan.--The term ``comprehensive plan'' 
        means the comprehensive plan required by subsection (c).
            (2) Governors.--The term ``Governors'' means the Governors 
        of each of the States of Alabama, Florida, Louisiana, and 
        Mississippi.
            (3) Gulf coast ecosystem.--The term ``Gulf Coast 
        ecosystem'' means the coastal zones (as determined pursuant to 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.)) of the States of Alabama, Florida, Louisiana, and 
        Mississippi and adjacent State waters and areas of the outer 
        Continental Shelf, adversely impacted by the blowout and 
        explosion of the mobile offshore drilling unit Deepwater 
        Horizon that occurred on April 20, 2010, and resulting 
        hydrocarbon releases into the environment.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Task force.--The term ``Task Force'' means the Gulf 
        Coast Ecosystem Restoration Task Force established by 
        subsection (g).
    (b) Gulf Coast Ecosystem Restoration.--
            (1) In general.--The Chair of the Task Force shall 
        undertake restoration activities in the Gulf Coast ecosystem in 
        accordance with this section.
            (2) Funding.--Subject to appropriations, of amounts in the 
        Oil Spill Liability Trust Fund, there shall be available to the 
        Chair of the Task Force to carry out this section 
        $2,500,000,000 for the period of fiscal years 2012 through 
        2021.
            (3) Authorized uses.--Amounts under paragraph (2) shall be 
        available to the Chair of the Task Force for the conservation, 
        protection, and restoration of the Gulf Coast ecosystem in 
        accordance with the comprehensive plan.
    (c) Comprehensive Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and after notice and opportunity for 
        public comment, the Chair of the Task Force shall develop a 
        proposed comprehensive plan for the purpose of long-term 
        conservation, protection, and restoration of biological 
        integrity, productivity, and ecosystem functions in the Gulf 
        Coast ecosystem.
            (2) Existing plans.--The Chair of the Task Force shall 
        incorporate, to the maximum extent practicable, any applicable 
        plans developed by local, State and Federal agencies for the 
        restoration of coastal wetland and other areas of the Gulf 
        Coast ecosystem.
    (d) Critical and Emergency Restoration Projects and Activities.--If 
the Chair of the Task Force, in cooperation with the Governors, 
determines that a restoration project or activity will produce 
independent, immediate, and substantial conservation, protection, or 
restoration benefits, and will be consistent with overall restoration 
goals, the Chair of the Task Force shall proceed expeditiously with the 
implementation of the project or activity in accordance with laws 
(including regulations) in existence on the date of enactment of this 
Act.
    (e) Priority Projects.--
            (1) List.--
                    (A) In general.--The comprehensive plan shall 
                include a list of specific projects to be funded and 
                carried out during the subsequent 3-year period.
                    (B) Prerequisites.--Each project listed in the 
                comprehensive plan shall be--
                            (i) consistent with the strategies 
                        identified in the comprehensive plan; and
                            (ii) cost-effective.
                    (C) Updates.--The Task Force shall update annually 
                the list of projects in the comprehensive plan.
            (2) Selection.--The Task Force shall select projects and 
        activities to carry out under this section--
                    (A) based on the best available science;
                    (B) without regard to geographic location; and
                    (C) with the highest priority to projects and 
                activities that will achieve the greatest contribution 
                in restoring--
                            (i) the ability of Gulf Coast ecosystems to 
                        become self-sustaining;
                            (ii) biological productivity; and
                            (iii) ecosystem function in the Gulf of 
                        Mexico.
    (f) Cost Sharing.--The Federal share of projects and activities 
conducted under this section shall not exceed 65 percent, as determined 
by the Task Force.
    (g) Gulf Coast Ecosystem Restoration Task Force.--
            (1) In general.--There is established the Gulf Coast 
        Ecosystem Restoration Task Force.
            (2) Membership.--The Task Force shall consist of the 
        following members or, in the case of a Federal agency, a 
        designee at the level of Assistant Secretary or the equivalent:
                    (A) The Secretary of the Interior.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Army.
                    (D) The Attorney General.
                    (E) The Secretary of Homeland Security.
                    (F) The Administrator of the Environmental 
                Protection Agency.
                    (G) The Commandant of the Coast Guard.
                    (H) The Secretary of Transportation.
                    (I) The Secretary of Agriculture.
                    (J) A representative of each affected Indian tribe, 
                appointed by the Secretary based on the recommendations 
                of the tribal chairman.
                    (K) 2 representatives of each of the States of 
                Alabama, Florida, Louisiana, and Mississippi, appointed 
                by the Governor of each State, respectively.
                    (L) 2 representatives of local government within 
                each of the States of Alabama, Florida, Louisiana, and 
                Mississippi, appointed by the Governor of each State, 
                respectively.
            (3) Chair.--The chair of the Task Force shall be a Federal 
        official appointed by the President.
            (4) Duties.--The Task Force shall--
                    (A) consult with, and provide recommendations to, 
                the Chair of the Task Force during development of the 
                comprehensive plan;
                    (B) coordinate the development of consistent 
                policies, strategies, plans, programs, projects, 
                activities, and priorities for addressing the 
                restoration of the Gulf Coast ecosystem;
                    (C) establish a Gulf Coast-based working group 
                composed of representatives of members of the Task 
                Force and other local agencies and representatives as 
                appropriate for purposes of recommending, coordinating, 
                and implementing policies, programs, activities, and 
                projects to accomplish Gulf Coast ecosystem 
                restoration;
                    (D) coordinate scientific and other research 
                associated with restoration of the Gulf Coast 
                ecosystem;
                    (E) prepare an integrated financial plan and 
                coordinated budget requests for the funds proposed to 
                be expended by the agencies represented on the Task 
                Force; and
                    (F) submit an annual report to Congress that 
                summarizes the activities of the Task Force and the 
                policies, plans, activities, and projects for 
                restoration of the Gulf Coast ecosystem.
            (5) Application of federal advisory committee act.--The 
        Task Force and the working group established under paragraph 
        (4)(C) shall not be considered to be advisory committees under 
        the Federal Advisory Committee Act (5 U.S.C. App.).
    (h) Relationship to Other Law and Authority.--Nothing in this 
section preempts or otherwise affects any Federal law or limits the 
authority of any Federal agency.

              TITLE XLIII--HYDRAULIC FRACTURING CHEMICALS

SEC. 4301. DISCLOSURE OF HYDRAULIC FRACTURING CHEMICALS.

    (a) Disclosure.--Title III of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11041 et seq.) is amended by 
adding at the end the following:

``SEC. 331. DISCLOSURE OF HYDRAULIC FRACTURING CHEMICALS.

    ``(a) In General.--
            ``(1) State authority.--A State that permits oil and 
        natural gas drilling--
                    ``(A) may require any person using hydraulic 
                fracturing for an oil or natural gas well in the State 
                to disclose to the State, not later than 30 days after 
                completion of drilling the well, the list of chemicals 
                used in each hydraulic fracturing process (identified 
                by well location and number), including the chemical 
                constituents of mixtures, Chemical Abstracts Service 
                registry numbers, and material safety data sheets; and
                    ``(B) shall make any such disclosure available to 
                the public, including a posting of the information 
                online.
            ``(2) Disclosure if no state implementation.--If a State 
        that permits oil and natural gas drilling does not require and 
        make available disclosures in accordance with paragraph (1) by 
        December 31, 2011, or ceases to require and make available 
        disclosures in accordance with paragraph (1) after that date, 
        the operator of the oil or natural gas well in the State shall 
        make available to the public online, not later than 30 days 
        after completion of drilling the well, the list of chemicals 
        used in each hydraulic fracturing process (identified by well 
        location and number), including the chemical constituents of 
        mixtures, Chemical Abstracts Service registry numbers, and 
        material safety data sheets.
    ``(b) Proprietary Chemical Formulas; Medical Emergencies.--
            ``(1) In general.--Except as provided in this subsection, 
        this section does not require the disclosure of proprietary 
        chemical formulas used in hydraulic fracturing.
            ``(2) Disclosure in medical emergencies.--
                    ``(A) In general.--If the State or the 
                Administrator, or a treating physician or nurse, 
                determines that a medical emergency exists and the 
                proprietary chemical formulas, or the identity, of 1 or 
                more chemical constituents used in hydraulic fracturing 
                is necessary for medical treatment, the person using 
                hydraulic fracturing shall immediately disclose the 
                proprietary chemical formulas or the identity of the 
                chemical constituents to the State, the Administrator, 
                or that treating physician or nurse, regardless of the 
                existence of a written statement of need or a 
                confidentiality agreement.
                    ``(B) Statement of need.--The person using 
                hydraulic fracturing may require a written statement of 
                need and a confidentiality agreement as soon thereafter 
                as circumstances permit.
    ``(c) Thresholds Inapplicable.--Threshold limitations under this 
Act shall not apply to disclosures made under this section.''.
    (b) Enforcement.--Section 325(c)(2) of the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(c)(2)) is amended 
by striking ``section 311 or 323(b)'' and inserting ``section 311, 
323(b), 331(a)(2), or 331(b)''.

                   TITLE XLIV--WATERSHED RESTORATION

SEC. 4401. WATERSHED RESTORATION.

    (a) In General.--The Secretary of Agriculture shall conduct a 
program of watershed restoration and job stabilization for the purposes 
of--
            (1) performing landscape scale restoration, reducing 
        hazardous fuels, increasing employment, and maintaining 
        infrastructure in timber communities; or
            (2) making biomass available for sustainable economic 
        development.
    (b) Eligible Projects.--The program conducted under this section 
may include projects and activities for--
            (1) preparing and implementing riparian corridor 
        improvements;
            (2) fish and wildlife habitat improvements;
            (3) invasive species eradications;
            (4) nonsystem road decommissioning;
            (5) appropriate road density achievement;
            (6) forest health improvements; and
            (7) sustainable timber harvest and fuels treatments, 
        specifically for reducing the potential effects that fires pose 
        to water quality and communities.
    (c) Funding.--On October 1, 2010, out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the Treasury shall 
transfer to the Secretary of Agriculture $75,000,000, to remain 
available until expended, for use in carrying out this section.
    (d) Termination of Program.--The program conducted under this 
section shall terminate on the date that is 10 years after the date of 
enactment of this Act.
    (e) No Effect on Compliance With Laws.--Nothing in this section 
affects or limits the application of, or obligation to comply with, any 
law, including any public health or environmental law.

                   DIVISION E--FISCAL RESPONSIBILITY

SEC. 5001. MODIFICATIONS WITH RESPECT TO OIL SPILL LIABILITY TRUST 
              FUND.

    (a) Extension of Application of Oil Spill Liability Trust Fund 
Financing Rate.--Paragraph (2) of section 4611(f) of the Internal 
Revenue Code of 1986 is amended by striking ``December 31, 2017'' and 
inserting ``December 31, 2020''.
    (b) Increase in Oil Spill Liability Trust Fund Financing Rate.--
Subparagraph (B) of section 4611(c)(2) of the Internal Revenue Code of 
1986 is amended to read as follows:
                    ``(B) the Oil Spill Liability Trust Fund financing 
                rate is 45 cents a barrel.''.
    (c) Increase in Per Incident Limitations on Expenditures.--
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``$1,000,000,000'' in clause (i) and 
        inserting ``$5,000,000,000'';
            (2) by striking ``$500,000,000'' in clause (ii) and 
        inserting ``$2,500,000,000''; and
            (3) by striking ``$1,000,000,000 per incident, etc'' in the 
        heading and inserting ``Per incident limitations''.
    (d) Effective Date.--
            (1) Extension of financing rate.--Except as provided in 
        paragraph (2), the amendments made by this section shall take 
        effect on the date of the enactment of this Act.
            (2) Increase in financing rate.--The amendment made by 
        subsection (b) shall apply to crude oil received and petroleum 
        products entered during calendar quarters beginning more than 
        60 days after the date of the enactment of this Act.

                       DIVISION F--MISCELLANEOUS

SEC. 6001. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                                       Calendar No. 493

111th CONGRESS

  2d Session

                                S. 3663

_______________________________________________________________________

                                 A BILL

 To promote clean energy jobs and oil company accountability, and for 
                            other purposes.

_______________________________________________________________________

                             July 29, 2010

            Read the second time and placed on the calendar
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