II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Energy Jobs 

5 and Oil Company Accountability Act of 2010’’. 


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into 6 divi4 sions as follows: 

5 (1) Division A–Oil Spill Response and Account6 ability. 

7 (2) Division B–Reducing Oil Consumption and 

8 Improving Energy Security. 

9 (3) Division C–Clean Energy Jobs and Con10 sumer Savings. 

11 (4) Division D–Protecting the Environment. 

12 (5) Division E–Fiscal Responsibility. 

13 (5) Division F–Miscellaneous. 

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

15 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. 


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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. 


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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. 


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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 plugin 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. 


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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. 

1 DIVISION A—OIL SPILL RE2 SPONSE AND ACCOUNT3 ABILITY 

4 TITLE I—REMOVAL OF LIMITS 

5 ON LIABILITY FOR OFFSHORE 

6 FACILITIES 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Big Oil Bailout Pre9 vention Unlimited Liability Act of 2010’’. 

10 SEC. 102. REMOVAL OF LIMITS ON LIABILITY FOR OFF11 SHORE FACILITIES. 

12 (a) IN GENERAL.—Section 1004(a)(3) of the Oil Pol13 lution Act of 1990 (33 U.S.C. 2704(a)(3)) is amended by 

14 striking ‘‘plus $75,000,000’’ and inserting ‘‘and the liabil15 ity of the responsible party under section 1002’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall apply to all claims or actions brought 


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1 within the limitations period applicable to the claims or 

2 action, including any claims or actions pending on the date 

3 of enactment of this Act and any claims arising from 

4 events occurring prior to the date of enactment of this 

5 Act. 

6 SEC. 103. CLAIMS PROCEDURE. 

7 (a) WAITING PERIOD.—Section 1013(c)(2) of the Oil 

8 Pollution Act of 1990 (33 U.S.C. 2713(c)(2)) is amended 

9 by striking ‘‘settled by any person by payment within 90 

10 days’’ and inserting ‘‘settled in whole by any person by 

11 payment within 30 days’’. 

12 (b) PROCESSING OF CLAIMS.—Section 1012(a)(4) of 

13 the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is 

14 amended by inserting before the semicolon at the end the 

15 following: ‘‘and, in the event of a spill of national signifi16 cance, administrative and personnel costs to process 

17 claims (including the costs of commercial claims proc18 essing, expert services, training, and technical services)’’. 

19 SEC. 104. OIL AND HAZARDOUS SUBSTANCE RESPONSE 

20 PLANNING. 

21 (a) AREA COMMITTEES.—Section 311(j)(4)(A) of the 

22 Federal Water Pollution Control Act (33 U.S.C. 

23 1321(j)(4)(A)) is amended— 

24 (1) by striking ‘‘from qualified’’ and inserting 

25 ‘‘from— 


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1 ‘‘(i) qualified’’; 

2 (2) by striking the period at the end and insert3 ing ‘‘; and’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(ii) individuals representing industry, con6 servation, and the general public.’’. 

7 (b) NATIONAL RESPONSE SYSTEM.—Section 

8 311(j)(5) of the Federal Water Pollution Control Act (33 

9 U.S.C. 1321(j)(5)) is amended— 

10 (1) in subparagraph (A), by adding at the end 

11 the following: 

12 ‘‘(iii) The President shall ensure that 

13 the regulations promulgated pursuant to 

14 this paragraph are designed to prevent, to 

15 the maximum extent practicable, injury to 

16 the economy, jobs, and the environment, 

17 including to prevent— 

18 ‘‘(I) loss of, destruction of, or in19 jury to, real or personal property; 

20 ‘‘(II) loss of subsistence use of 

21 natural resources; 

22 ‘‘(III) loss of revenue; 

23 ‘‘(IV) loss of profits or earning 

24 capacity; 


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1 ‘‘(V) an increase in the cost of 

2 providing public services to remove a 

3 discharge; and 

4 ‘‘(VI) loss of, destruction of, or 

5 injury to, natural resources. 

6 ‘‘(iv) The President shall promulgate 

7 regulations that clarify the requirements of 

8 a response plan in accordance with sub9 paragraph (D).’’; 

10 (2) by striking subparagraph (D) and inserting 

11 the following: 

12 ‘‘(D) A response plan required under this 

13 paragraph shall— 

14 ‘‘(i) be consistent with the require15 ments of the National Contingency Plan 

16 and Area Contingency Plans; 

17 ‘‘(ii) identify the qualified individual 

18 having full authority to implement removal 

19 actions, and require immediate commu20 nications between that individual and the 

21 appropriate Federal official and the per22 sons providing personnel and equipment 

23 pursuant to clause (iii); 

24 ‘‘(iii) identify, and ensure by contract 

25 or other means approved by the President 


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1 the availability of, private personnel and 

2 equipment in the quantities necessary, 

3 staged and available in the appropriate re4 gion to respond immediately to and sustain 

5 the response effort for as long as nec6 essary— 

7 ‘‘(I) to remove, to the maximum 

8 extent practicable, a worst-case dis9 charge (including a discharge result10 ing from fire or an explosion); 

11 ‘‘(II) to mitigate damage from a 

12 discharge; and 

13 ‘‘(III) to prevent or reduce a sub14 stantial threat of such a discharge; 

15 ‘‘(iv) demonstrate, to the maximum 

16 extent practicable, the financial capability 

17 to pay for removal costs and damages; 

18 ‘‘(v) describe the training, equipment 

19 testing, periodic unannounced drills, and 

20 response actions of persons on the vessel 

21 or at the facility, to be carried out under 

22 the plan to ensure the safety of the vessel 

23 or facility and to meet the requirements of 

24 this subparagraph; 


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1 ‘‘(vi) describe the environmental ef2 fects of the response plan methodologies 

3 and equipment; 

4 ‘‘(vii) describe the process for commu5 nication and coordination with Federal, 

6 State, and local agencies before, during, 

7 and after a response to a discharge; 

8 ‘‘(viii) identify the effective daily re9 covery capacity for the quantity of oil or 

10 hazardous substance that will be removed 

11 under the response plan immediately fol12 lowing the discharge and at regular, identi13 fied periods; 

14 ‘‘(ix) in the case of oil production, 

15 drilling, and workover facilities, describe 

16 the specific measures to be used in re17 sponse to a blowout or other event involv18 ing loss of well control; 

19 ‘‘(x) identify provisions for the owner 

20 or operator of a tank vessel, nontank ves21 sel, or facility to report the actual quantity 

22 of oil or a hazardous substance removed at 

23 regular, identified periods following the 

24 discharge; 


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1 ‘‘(xi) identify potential economic and 

2 ecological impacts of a worst-case dis3 charge and response activities to prevent 

4 or mitigate, to the maximum extent prac5 ticable, those impacts in the event of a dis6 charge; 

7 ‘‘(xii) be updated periodically; and 

8 ‘‘(xiii) be resubmitted for approval of 

9 each significant change.’’; 

10 (3) in subparagraph (E), by striking clauses (i) 

11 through (v) and inserting the following: 

12 ‘‘(i) require notice of a new proposed 

13 response plan or significant modification to 

14 an existing response plan for an offshore 

15 facility to be published in the Federal Reg16 ister and provide for a public comment pe17 riod for the plan of at least 30 days, tak18 ing into appropriate consideration security 

19 concerns and any proprietary issues other20 wise provided by law; 

21 ‘‘(ii) promptly review the response 

22 plan; 

23 ‘‘(iii) require amendments to any plan 

24 that does not meet the requirements of this 

25 paragraph; 


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1 ‘‘(iv) approve any plan only after find2 ing, based on evidence in the record, 

3 that— 

4 ‘‘(I) the response plan meets the 

5 requirements of subparagraph (D); 

6 ‘‘(II) the methods and equipment 

7 proposed to be used under the re8 sponse plan are demonstrated to be 

9 technologically feasible in the area 

10 and under the conditions in which the 

11 tank vessel, nontank vessel, or facility 

12 is proposed to operate; 

13 ‘‘(III) the available scientific in14 formation about the area allows for 

15 identification of potential impacts to 

16 ecological areas and protection of 

17 those areas in the event of a dis18 charge, including adequate surveys of 

19 wildlife; and 

20 ‘‘(IV) the response plan describes 

21 the quantity of oil likely to be re22 moved in the event of a worst-case 

23 discharge; 

24 ‘‘(v) obtain the written concurrence of 

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1 mines have a significant responsibility to 

2 remove, mitigate damage from, or prevent 

3 or reduce a substantial threat of the worst4 case discharge of oil or a hazardous sub5 stance; 

6 ‘‘(vi) review each plan periodically 

7 thereafter and require each plan to be up8 dated not less often than once every 5 

9 years, with each update considered a sig10 nificant change requiring approval by the 

11 President; 

12 ‘‘(vii) require an update of a plan pur13 suant to clause (vi) to include the best 

14 available technology and methods to con15 tain and remove, to the maximum extent 

16 practicable, a worst-case discharge (includ17 ing a discharge resulting from fire or ex18 plosion), and to mitigate or prevent a sub19 stantial threat of such a discharge; and 

20 ‘‘(viii) in the case of a plan for a 

21 nontank vessel, consider any applicable 

22 State-mandated response plan in effect on 

23 August 9, 2004, and ensure consistency to 

24 the maximum extent practicable.’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(J) TECHNOLOGY STANDARDS.—The 

2 President may establish requirements and guid3 ance for using the best available technology and 

4 methods in response plans, which shall be based 

5 on performance metrics and standards when6 ever practicable. 

7 ‘‘(K) APPROVAL OF EXISTING PLANS.— 

8 ‘‘(i) IN GENERAL.—The President 

9 shall— 

10 ‘‘(I) implement an expedited re11 view process of all response plans that 

12 were valid and approved on the day 

13 before the date of enactment of this 

14 subparagraph to identify those re15 sponse plans that do not meet the re16 quirements of this section; and 

17 ‘‘(II) require those response 

18 plans to be amended to conform to 

19 the requirements of this section as 

20 soon as practicable after the date of 

21 enactment of this subparagraph. 

22 ‘‘(ii) EXISTING PLANS.—Notwith23 standing any other provision of this sec24 tion, a response plan that was valid and 


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1 approved on the day before the date of en2 actment of this subparagraph— 

3 ‘‘(I) shall remain valid and ap4 proved until required to be updated 

5 pursuant to clause (i); and 

6 ‘‘(II) shall not be found not to be 

7 valid and approved as a result of the 

8 enactment of this subparagraph. 

9 ‘‘(iii) PUBLIC NOTICE.—The President 

10 shall provide public notice of the process 

11 for updating response plans required by 

12 clause (i).’’. 

13 (c) DEFINITIONS.—Section 311(a)(24)(B) of the 

14 Federal Water Pollution Control Act (33 U.S.C. 

15 1321(a)(24)(B)) is amended by inserting ‘‘, including 

16 from an unanticipated and uncontrolled blowout or other 

17 loss of well control,’’ after ‘‘foreseeable discharge’’. 

18 SEC. 105. REPORTS. 

19 Not later than 180 days after the date of enactment 

20 of this Act and every 90 days thereafter until all claims 

21 resulting from the blowout and explosion of the mobile off22 shore drilling unit Deepwater Horizon that occurred April 

23 20, 2010, and resulting hydrocarbon releases into the en24 vironment, have been paid, the administrator of the fund 


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1 described in paragraph (1) shall submit to Congress a re2 port that describes— 

3 (1) the status of the compensation fund estab4 lished by British Petroleum Company to pay claims 

5 resulting from the blowout and explosion; and 

6 (2) each claim that has been paid from that 

7 fund. 

8 SEC. 106. TRUST FUND ADVANCE AUTHORITY. 

9 Section 6002(b)(2) of the Oil Pollution Act of 1990 

10 (33 U.S.C. 2752(b)(2)) is amended by striking ‘‘the dis11 charge of oil that began in 2010 in connection with the 

12 explosion on, and sinking of, the mobile offshore drilling 

13 unit Deepwater Horizon,’’ and inserting ‘‘a spill of na14 tional significance,’’. 

15 TITLE II—FEDERAL RESEARCH 

16 AND TECHNOLOGIES FOR OIL 

17 SPILL PREVENTION AND RE18 SPONSE 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Federal Research and 

21 Technologies for Oil Spill Prevention and Response Act 

22 of 2010’’. 

23 SEC. 202. PURPOSES. 

24 The purposes of this title are— 


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1 (1) to maintain and enhance the world-class re2 search and facilities of the Federal Government; and 

3 (2) to ensure that there are adequate knowl4 edge, practices, and technologies to detect, respond 

5 to, contain, and clean up oil spills, whether onshore 

6 or on the outer Continental Shelf. 

7 SEC. 203. INTERAGENCY COMMITTEE. 

8 Section 7001(a) of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2761(b)) is amended by striking paragraph (4) and 

10 inserting the following: 

11 ‘‘(4) CHAIRMAN.— 

12 ‘‘(A) IN GENERAL.—A representative of 

13 the National Oceanic and Atmospheric Admin14 istration, the Environmental Protection Agency, 

15 Coast Guard, or the Department of the Interior 

16 shall serve as Chairman of the Interagency 

17 Committee (referred to in this section as the 

18 ‘Chairman’). 

19 ‘‘(B) ROTATION.—The responsibility to 

20 chair the Interagency Committee shall rotate 

21 between representatives of each of the agencies 

22 described in subparagraph (A) every 2 years.’’. 


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1 SEC. 204. SCIENCE AND TECHNOLOGY ADVICE AND GUID2 ANCE. 

3 Section 7001(b) of the Oil Pollution Act of 1990 (33 

4 U.S.C. 2761(b)) is amended by striking paragraph (2) and 

5 inserting the following: 

6 ‘‘(2) SCIENCE AND TECHNOLOGY ADVISORY

7 BOARD.— 

8 ‘‘(A) IN GENERAL.—The Chairman shall 

9 enter into appropriate arrangements with the 

10 National Academy of Sciences to establish an 

11 independent committee, to be known as the 

12 ‘Science and Technology Advisory Board’, to 

13 provide scientific and technical advice to the 

14 Interagency Committee relating to research car15 ried out pursuant to the program established 

16 under subsection (c), including— 

17 ‘‘(i) the identification of knowledge 

18 gaps that the program should address; 

19 ‘‘(ii) the establishment of scientific 

20 and technical priorities; 

21 ‘‘(iii) the provision of advice and guid22 ance in the preparation of— 

23 ‘‘(I) the report required under 

24 paragraph (3); 

25 ‘‘(II) the update required under 

26 paragraph (4); and 


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1 ‘‘(III) the plan required under 

2 subsection (c)(14); and 

3 ‘‘(iv) an annual review of the results 

4 and effectiveness of the program, including 

5 successful technology development. 

6 ‘‘(B) REPORTS.—Reports and rec7 ommendations of the Board shall promptly be 

8 made available to Congress and the public. 

9 ‘‘(C) NATIONAL INSTITUTE OF STANDARDS

10 AND TECHNOLOGY.—The National Institute of 

11 Standards and Technology shall provide the 

12 Interagency Committee with advice and guid13 ance on issues relating to quality assurance and 

14 standards measurements relating to activities of 

15 the Interagency Committee under this section. 

16 ‘‘(3) REPORTS ON CURRENT STATE OF OIL

17 SPILL PREVENTION AND RESPONSE CAPABILITIES.— 

18 ‘‘(A) IN GENERAL.—Not later than 1 year 

19 after the date of the enactment of this para20 graph, the Interagency Committee shall submit 

21 to Congress a report on the current state of oil 

22 spill prevention and response capabilities that— 

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1 tions of higher education, and corporate 

2 entities; 

3 ‘‘(ii) assesses the current status of 

4 knowledge on oil pollution prevention, re5 sponse, and mitigation technologies; 

6 ‘‘(iii) identifies regional oil pollution 

7 research needs and priorities for a coordi8 nated program of research at the regional 

9 level developed in consultation with State 

10 and local governments and Indian tribes; 

11 ‘‘(iv) assesses the current state of spill 

12 response equipment, and determines areas 

13 in need of improvement, including the 

14 quantity, age, quality, and effectiveness of 

15 the equipment and necessary technological 

16 improvements; 

17 ‘‘(v) assesses the current state of real18 time data available to mariners, including 

19 water level, currents, weather information, 

20 and predictions, and assesses whether lack 

21 of timely information increases the risk of 

22 discharges of oil; 

23 ‘‘(vi) assesses the capacity of the Na24 tional Oceanic and Atmospheric Adminis25 tration to respond, restore, and rehabilitate 


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1 marine sanctuaries, monuments, sea tur2 tles, and other protected species; 

3 ‘‘(vii) establishes goals for improved 

4 oil discharge prevention and response on 

5 which to target research for the following 

6 5-year period before the next report is sub7 mitted under subparagraph (B); and 

8 ‘‘(viii) includes such recommendations 

9 as the Committee considers appropriate. 

10 ‘‘(B) QUINQUENNIAL UPDATES.—The 

11 Interagency Committee shall submit a report 

12 every fifth year after the first report of the 

13 Interagency Committee submitted under sub14 paragraph (A) that updates the information 

15 contained in the previous report of the Inter16 agency Committee under this paragraph. 

17 ‘‘(4) IMPLEMENTATION PLAN UPDATE.—Not 

18 later than 1 year after the date of enactment of this 

19 paragraph, the Interagency Committee shall update 

20 the implementation plan required under paragraph 

21 (1) to reflect the findings of the report required 

22 under paragraph (3) and the requirements of this 

23 title. 

24 ‘‘(5) ADDITIONAL ADVICE AND GUIDANCE.—In 

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1 mittee under this title, the Interagency Committee 

2 shall accept comments and input from State and 

3 local governments, Indian tribes, industry represent4 atives, and other stakeholders.’’. 

5 SEC. 205. OIL POLLUTION RESEARCH AND DEVELOPMENT 

6 PROGRAM. 

7 (a) IN GENERAL.—Section 7001(c) of the Oil Pollu8 tion Act of 1990 (33 U.S.C. 2761(c)) is amended— 

9 (1) in paragraph (2)— 

10 (A) in subparagraph (C), by striking ‘‘and 

11 bioremediation’’ and inserting ‘‘bioremediation, 

12 containment vessels, booms, and skimmers, par13 ticularly under worst-case release scenarios’’; 

14 (B) by striking subparagraph (H) and in15 serting the following: 

16 ‘‘(H) research and development of methods 

17 to respond to, restore, and rehabilitate natural 

18 resources and ecosystem health and services 

19 damaged by oil discharges;’’; 

20 (C) in subparagraph (I), by striking ‘‘and’’ 

21 at the end; 

22 (D) by redesignating subparagraph (J) as 

23 subparagraph (L); and 

24 (E) by inserting after subparagraph (I) the 

25 following: 


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1 ‘‘(J) research, development, and dem2 onstration of new or improved technologies and 

3 systems to contain, respond to, and clean up a 

4 discharge of oil in extreme or harsh conditions 

5 on the outer Continental Shelf; 

6 ‘‘(K) research to evaluate the relative ef7 fectiveness and environmental impacts (includ8 ing human and environmental toxicity) of 

9 dispersants; and’’; 

10 (2) by striking paragraphs (8) and (9); 

11 (3) by redesignating paragraphs (3) through 

12 (7) and (10) and (11) as paragraphs (4) through (8) 

13 and (11) and (12), respectively; 

14 (4) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) AUTHORIZATION OF AGENCY OIL DIS17 CHARGE RESEARCH AND DEVELOPMENT PRO18 GRAMS.— 

19 ‘‘(A) IN GENERAL.—The Secretary of the 

20 Interior, in coordination with the program es21 tablished under this subsection, the Interagency 

22 Committee, and such other agencies as the 

23 President may designate, shall carry out a pro24 gram of research, development, technology dem25 onstration, and risk assessment to address 


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1 issues associated with the detection of, response 

2 to, and mitigation and cleanup of discharges of 

3 oil occurring on Federal land managed by the 

4 Department of the Interior, whether onshore or 

5 on the outer Continental Shelf. 

6 ‘‘(B) SPECIFIC AREAS OF FOCUS.—The 

7 program established under this paragraph shall 

8 provide for research, development, demonstra9 tion, validation, personnel training, and other 

10 activities relating to new and improved tech11 nologies that are effective at preventing or miti12 gating oil discharges and that protect the envi13 ronment, including technologies, materials, 

14 methods, and practices— 

15 ‘‘(i) to detect the release of hydro16 carbons from leaking exploration or pro17 duction equipment; 

18 ‘‘(ii) to characterize the rates of flow 

19 from leaking exploration and production 

20 equipment in locations that are remote or 

21 difficult to access; 

22 ‘‘(iii) to protect the safety of workers 

23 addressing hydrocarbon releases from ex24 ploration and production equipment; 


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1 ‘‘(iv) to control or contain the release 

2 of hydrocarbons from a blowout or other 

3 loss of well control; and 

4 ‘‘(v) in coordination with the Adminis5 trator and the Secretary of Commerce, for 

6 environmental assessment, restoration, and 

7 long-term monitoring.’’; 

8 (5) in paragraph (5) (as redesignated by para9 graph (3))— 

10 (A) by striking subparagraphs (B) and 

11 (C); 

12 (B) in the matter preceding clause (i), by 

13 striking ‘‘(A) The Committee’’ and inserting 

14 ‘‘The Department of Commerce, in coordination 

15 with the Environmental Protection Agency and 

16 the Department of the Interior,’’; 

17 (C) by redesignating clauses (i) through 

18 (iv) as subparagraphs (A) through (D), respec19 tively; 

20 (D) in subparagraph (A) (as redesignated 

21 by subparagraphs (C)), by striking the period 

22 at the end and inserting the following: ‘‘, in23 cluding— 

24 ‘‘(i) fundamental scientific character25 ization of the behavior of oil and natural 


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1 gas in and on soil and water, including 

2 miscibility, plume behavior, emulsification, 

3 physical separation, and chemical and bio4 logical degradation; 

5 ‘‘(ii) behavior and effects of 

6 emulsified, dispersed, and submerged oil in 

7 water; and 

8 ‘‘(iii) modeling, simulation, and pre9 diction of oil flows from releases and the 

10 trajectories of releases on the surface, the 

11 subsurface, and in water.’’; and 

12 (E) by adding at the end the following: 

13 ‘‘(E) The evaluation of direct and indirect 

14 environmental effects of acute and chronic oil 

15 discharges on natural resources, including im16 pacts on marine sanctuaries and monuments, 

17 protected areas, and protected species. 

18 ‘‘(F) The monitoring, modeling, and eval19 uation of the near- and long-term effects of 

20 major spills and long-term cumulative effects of 

21 smaller endemic spills.’’; 

22 (6) in paragraph (6) (as redesignated by para23 graph (3))— 


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1 (A) by redesignating subparagraphs (A) 

2 through (D) as clauses (i) through (iv), respec3 tively; 

4 (B) by striking ‘‘The United States Coast 

5 Guard’’ and inserting the following: 

6 ‘‘(A) IN GENERAL.—The Coast Guard’’; 

7 and 

8 (C) by adding at the end the following: 

9 ‘‘(B) EXTREME ENVIRONMENTAL CONDI10 TION DEMONSTRATION PROJECTS.— 

11 ‘‘(i) IN GENERAL.—The Secretary of 

12 the Interior, in conjunction with the heads 

13 of such other agencies as the President 

14 may designate, shall conduct deepwater, 

15 ultra deepwater, and other extreme envi16 ronment oil discharge response demonstra17 tion projects for the purpose of developing 

18 and demonstrating new integrated deep19 water oil discharge mitigation and response 

20 systems that use the information and im21 plement the improved practices and tech22 nologies developed through the program 

23 under this subsection. 

24 ‘‘(ii) REQUIREMENTS.—The mitiga25 tion and response systems developed under 


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1 clause (i) shall use technologies and man2 agement practices for improving the re3 sponse capabilities to deepwater oil dis4 charges, including— 

5 ‘‘(I) improved oil flow monitoring 

6 and calculation; 

7 ‘‘(II) improved oil discharge re8 sponse capability; 

9 ‘‘(III) improved subsurface miti10 gation technologies; 

11 ‘‘(IV) improved capability to 

12 track and predict the flow and effects 

13 of oil discharges in both subsurface 

14 and surface areas for the purposes of 

15 making oil mitigation and response 

16 decisions; and 

17 ‘‘(V) any other activities nec18 essary to achieve the purposes of the 

19 program.’’; 

20 (7) by inserting after paragraph (8) (as redesig21 nated by paragraph (3)) the following: 

22 ‘‘(9) RESEARCH CENTERS OF EXCELLENCE.— 

23 ‘‘(A) RESPONSE TECHNOLOGIES FOR

24 DEEPWATER, ULTRA DEEPWATER, AND OTHER

25 EXTREME ENVIRONMENT OIL DISCHARGES.— 


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1 ‘‘(i) ESTABLISHMENT.—The Secretary 

2 of the Interior shall establish at 1 or more 

3 institutions of higher education a research 

4 center of excellence for the research, devel5 opment, and demonstration of technologies 

6 necessary to respond to, contain, mitigate, 

7 and clean up deepwater, ultra deepwater, 

8 and other extreme-environment discharges 

9 of oil. 

10 ‘‘(ii) GRANTS.—The Secretary shall 

11 provide grants to the research center of ex12 cellence established under clause (i) to con13 duct and oversee basic and applied re14 search in the technologies described in that 

15 clause. 

16 ‘‘(B) OIL DISCHARGE RESPONSE AND RES17 TORATION.— 

18 ‘‘(i) ESTABLISHMENT.—The Under19 secretary of Commerce for Oceans and At20 mosphere, in coordination with the Admin21 istrator and the Secretary of the Interior, 

22 shall establish at 1 or more institutions of 

23 higher education a research center of excel24 lence for research and innovation in the 

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1 age assessment and restoration relating to 

2 discharges of oil. 

3 ‘‘(ii) GRANTS.—The Undersecretary 

4 of Commerce for Oceans and Atmosphere 

5 shall provide grants to the research center 

6 of excellence established under clause (i) to 

7 conduct and oversee basic and applied re8 search in the areas described in that 

9 clause. 

10 ‘‘(C) OTHER RESEARCH CENTERS OF EX11 CELLENCE.—Any agency that is a member of 

12 the Interagency Committee may establish such 

13 other research centers of excellence as the agen14 cy determines to be necessary for the research, 

15 development, and demonstration of technologies 

16 necessary to carry out the program established 

17 under this subsection. 

18 ‘‘(10) PILOT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Secretary of the 

20 Interior, the Commandant of the Coast Guard, 

21 and the Administrator shall jointly conduct a 

22 pilot program to conduct field tests, in the 

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1 nologies developed under the program estab2 lished under this subsection. 

3 ‘‘(B) RESULTS.—The results of the field 

4 tests conducted under subparagraph (A) shall 

5 be used— 

6 ‘‘(i) to refine oil discharge technology 

7 research and development; and 

8 ‘‘(ii) to assist the Secretary of the In9 terior, the Commandant of the Coast 

10 Guard, and the Administrator in the devel11 opment of safety and environmental regu12 lations under this Act and other applicable 

13 laws.’’; 

14 (8) by striking paragraph (11) (as redesignated 

15 by paragraph (3)) and inserting the following: 

16 ‘‘(11) GRANTS.— 

17 ‘‘(A) IN GENERAL.—In carrying out the 

18 research and development program established 

19 under this subsection, the Department of the 

20 Interior, the Environmental Protection Agency, 

21 the National Oceanic and Atmospheric Admin22 istration, and the Coast Guard shall each estab23 lish a program to enter into contracts and coop24 erative agreements and make competitive 

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1 tional Laboratories, research institutions, other 

2 persons, or groups of institutions of higher edu3 cation, research institutions, and other persons, 

4 for the purposes of conducting the program es5 tablished under this subsection. 

6 ‘‘(B) APPLICATIONS AND CONDITIONS.—In 

7 carrying out this paragraph, each agency— 

8 ‘‘(i) shall establish a notification and 

9 application procedure; 

10 ‘‘(ii) may establish such conditions 

11 and require such assurances as may be ap12 propriate to ensure the efficiency and in13 tegrity of the grant program; and 

14 ‘‘(iii) may make grants under the pro15 gram on a matching or nonmatching basis. 

16 ‘‘(C) PRIORITIES.—Contracts, cooperative 

17 agreements, and grants provided under this 

18 subparagraph shall address research and tech19 nology priorities described in the research and 

20 technology plan required under paragraph 

21 (13).’’; and 

22 (9) by adding at the end the following: 

23 ‘‘(13) RESEARCH AND TECHNOLOGY PLAN.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date of enactment of this paragraph, 


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1 and every 2 years thereafter, the Interagency 

2 Committee shall develop and publish a research 

3 and technology plan for the program established 

4 under this subsection. 

5 ‘‘(B) CONTENTS.—The plan under this 

6 paragraph shall— 

7 ‘‘(i) identify research needs and op8 portunities; 

9 ‘‘(ii) propose areas of focus for the 

10 program; 

11 ‘‘(iii) establish program priorities, in12 cluding priorities for— 

13 ‘‘(I) demonstration projects 

14 under paragraph (7); 

15 ‘‘(II) the research centers of ex16 cellence under paragraph (9); and 

17 ‘‘(III) research funding provided 

18 under paragraph (11); and 

19 ‘‘(iv) estimate— 

20 ‘‘(I) the extent of resources need21 ed to conduct the program; and 

22 ‘‘(II) timetables for completing 

23 research tasks under the program. 

24 ‘‘(C) PUBLICATION.—The Interagency 

25 Committee shall timely publish— 


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1 ‘‘(i) the plan under this paragraph; 

2 and 

3 ‘‘(ii) a review of the plan by the 

4 Board. 

5 ‘‘(14) PEER REVIEW OF PROPOSALS AND RE6 SEARCH.— 

7 ‘‘(A) IN GENERAL.—Any provision of 

8 funds under the program established under this 

9 subsection shall be made only after the agency 

10 providing the funding has carried out an impar11 tial peer review of the scientific and technical 

12 merit of the proposals for the funding. 

13 ‘‘(B) REQUIREMENTS.—The agency pro14 viding funding shall ensure that any research 

15 conducted under the program shall be peer-re16 viewed, transparent, and made available to the 

17 public. 

18 ‘‘(15) FUNDING.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graphs (B) through (E), of amounts in the Oil 

21 Spill Liability Trust Fund, $25,000,000 for 

22 each of fiscal years 2010 through 2020 shall be 

23 available, without further appropriation and 

24 without fiscal year limitation, to carry out the 

25 program under this section. 


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1 ‘‘(B) ANNUAL EXPENDITURE PLAN.— 

2 ‘‘(i) IN GENERAL.—The President 

3 shall transmit, as part of the annual budg4 et proposal, a plan for the expenditure of 

5 funds under this paragraph. 

6 ‘‘(ii) RESEARCH AND TECHNOLOGY

7 PLAN.—The plan developed pursuant to 

8 clause (i) shall be consistent with the re9 search and technology plan developed 

10 under paragraph (13). 

11 ‘‘(C) AVAILABILITY OF AMOUNTS.—On the 

12 date that is 15 days after the date on which the 

13 Congress adjourns sine die for each year, 

14 amounts shall be made available from the Oil 

15 Spill Liability Trust Fund, without further ap16 propriation, for the programs and projects in 

17 the expenditure plan of the President, unless 

18 prior to that date, a law is enacted establishing 

19 a different expenditure plan. 

20 ‘‘(D) ALTERNATE EXPENDITURE PLAN.— 

21 If Congress enacts a law establishing an alter22 nate expenditure plan and the expenditure plan 

23 provides for less than the annual funding 

24 amount under subparagraph (A), the difference 

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1 ternate expenditure plan shall be available for 

2 expenditure, without further appropriation, in 

3 accordance with the expenditure plan submitted 

4 by the President. 

5 ‘‘(E) ROLE OF INTERAGENCY COM6 MITTEE.—In developing the annual expenditure 

7 plan under subparagraph (B), the President 

8 shall consider the recommendations of the 

9 Interagency Committee.’’. 

10 (b) FUNDING.—Section 7001 of the Oil Pollution Act 

11 of 1990 (33 U.S.C. 2761) is amended by striking sub12 section (f) and inserting the following: 

13 ‘‘(f) FUNDING.— 

14 ‘‘(1) IN GENERAL.—In addition to amounts 

15 made available subsection (c)(15), not to exceed 

16 $20,000,000 of the amounts in the Fund shall be 

17 available each fiscal year to each of the Secretary of 

18 Commerce, the Administrator of the Environmental 

19 Protection Agency, and the Secretary of the Interior 

20 to carry out this section. 

21 ‘‘(2) APPROPRIATIONS.—Funding authorized 

22 under paragraph (1) shall be subject to appropria23 tions.’’. 


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1 (c) USES OF OIL SPILL LIABILITY TRUST FUND.— 

2 Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 

3 (33 U.S.C. 2712(a)(5)(A)) is amended— 

4 (1) by striking ‘‘$25,000,000’’ and inserting 

5 ‘‘$50,000,000’’; and 

6 (2) by inserting before the semicolon at the end 

7 the following: ‘‘, of which not less than 40 percent 

8 shall be used each fiscal year to conduct research, 

9 development, and evaluation of oil spill response and 

10 removal technologies and methods consistent with 

11 the research and technology plan developed under 

12 section 7001(c)(13)’’. 

13 TITLE III—OUTER CONTINENTAL 

14 SHELF REFORM 

15 SEC. 301. SHORT TITLE. 

16 This title may be cited as the ‘‘Outer Continental 

17 Shelf Reform Act of 2010’’. 

18 SEC. 302. PURPOSES. 

19 The purposes of this title are— 

20 (1) to rationalize and reform the responsibilities 

21 of the Secretary of the Interior with respect to the 

22 management of the outer Continental Shelf in order 

23 to improve the management, oversight, account24 ability, safety, and environmental protection of all 

25 the resources on the outer Continental Shelf; 


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1 (2) to provide independent development and en2 forcement of safety and environmental laws (includ3 ing regulations) governing— 

4 (A) energy development and mineral ex5 traction activities on the outer Continental 

6 Shelf; and 

7 (B) related offshore activities; and 

8 (3) to ensure a fair return to the taxpayer 

9 from, and independent management of, royalty and 

10 revenue collection and disbursement activities from 

11 mineral and energy resources. 

12 SEC. 303. DEFINITIONS. 

13 In this title: 

14 (1) DEPARTMENT.—The term ‘‘Department’’ 

15 means the Department of the Interior. 

16 (2) OUTER CONTINENTAL SHELF.—The term 

17 ‘‘outer Continental Shelf’’ has the meaning given the 

18 term in section 2 of the Outer Continental Shelf 

19 Lands Act (43 U.S.C. 1331). 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 SEC. 304. NATIONAL POLICY FOR THE OUTER CONTI23 NENTAL SHELF. 

24 Section 3 of the Outer Continental Shelf Lands Act 

25 (43 U.S.C. 1332) is amended— 


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1 (1) by striking paragraph (3) and inserting the 

2 following: 

3 ‘‘(3) the outer Continental Shelf is a vital na4 tional resource reserve held by the Federal Govern5 ment for the public, which should be managed in a 

6 manner that— 

7 ‘‘(A) recognizes the need of the United 

8 States for domestic sources of energy, food, 

9 minerals, and other resources; 

10 ‘‘(B) minimizes the potential impacts of 

11 development of those resources on the marine 

12 and coastal environment and on human health 

13 and safety; and 

14 ‘‘(C) acknowledges the long-term economic 

15 value to the United States of the balanced and 

16 orderly management of those resources that 

17 safeguards the environment and respects the 

18 multiple values and uses of the outer Conti19 nental Shelf;’’; 

20 (2) in paragraph (4)(C), by striking the period 

21 at the end and inserting a semicolon; 

22 (3) in paragraph (5), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (4) by redesignating paragraph (6) as para25 graph (7); 


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1 (5) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) exploration, development, and production 

4 of energy and minerals on the outer Continental 

5 Shelf should be allowed only when those activities 

6 can be accomplished in a manner that provides rea7 sonable assurance of adequate protection against 

8 harm to life, health, the environment, property, or 

9 other users of the waters, seabed, or subsoil; and’’; 

10 and 

11 (6) in paragraph (7) (as so redesignated)— 

12 (A) by striking ‘‘should be’’ and inserting 

13 ‘‘shall be’’; and 

14 (B) by adding ‘‘best available’’ after 

15 ‘‘using’’. 

16 SEC. 305. STRUCTURAL REFORM OF OUTER CONTINENTAL 

17 SHELF PROGRAM MANAGEMENT. 

18 (a) IN GENERAL.—The Outer Continental Shelf 

19 Lands Act (43 U.S.C. 1331 et seq.) is amended by adding 

20 to the end the following: 

21 ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CONTINENTAL 

22 SHELF PROGRAM MANAGEMENT. 

23 ‘‘(a) LEASING, PERMITTING, AND REGULATION BU24 REAUS.— 

25 ‘‘(1) ESTABLISHMENT OF BUREAUS.— 


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1 ‘‘(A) IN GENERAL.—Subject to the discre2 tion granted by Reorganization Plan Number 3 

3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), 

4 the Secretary shall establish in the Department 

5 of the Interior not more than 2 bureaus to 

6 carry out the leasing, permitting, and safety 

7 and environmental regulatory functions vested 

8 in the Secretary by this Act and the Federal Oil 

9 and Gas Royalty Management Act of 1982 (30 

10 U.S.C. 1701 et seq.) related to the outer Conti11 nental Shelf. 

12 ‘‘(B) CONFLICTS OF INTEREST.—In estab13 lishing the bureaus under subparagraph (A), 

14 the Secretary shall ensure, to the maximum ex15 tent practicable, that any potential organiza16 tional conflicts of interest related to leasing, 

17 revenue creation, environmental protection, and 

18 safety are eliminated. 

19 ‘‘(2) DIRECTOR.—Each bureau shall be headed 

20 by a Director, who shall be appointed by the Presi21 dent, by and with the advice and consent of the Sen22 ate. 

23 ‘‘(3) COMPENSATION.—Each Director shall be 

24 compensated at the rate provided for level V of the 


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1 Executive Schedule under section 5316 of title 5, 

2 United States Code. 

3 ‘‘(4) QUALIFICATIONS.—Each Director shall be 

4 a person who, by reason of professional background 

5 and demonstrated ability and experience, is specially 

6 qualified to carry out the duties of the office. 

7 ‘‘(b) ROYALTY AND REVENUE OFFICE.— 

8 ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to 

9 the discretion granted by Reorganization Plan Num10 ber 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), 

11 the Secretary shall establish in the Department of 

12 the Interior an office to carry out the royalty and 

13 revenue management functions vested in the Sec14 retary by this Act and the Federal Oil and Gas Roy15 alty Management Act of 1982 (30 U.S.C. 1701 et 

16 seq.). 

17 ‘‘(2) DIRECTOR.—The office established under 

18 paragraph (1) shall be headed by a Director, who 

19 shall be appointed by the President, by and with the 

20 advice and consent of the Senate. 

21 ‘‘(3) COMPENSATION.—The Director shall be 

22 compensated at the rate provided for level V of the 

23 Executive Schedule under section 5316 of title 5, 

24 United States Code. 


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1 ‘‘(4) QUALIFICATIONS.—The Director shall be a 

2 person who, by reason of professional background 

3 and demonstrated ability and experience, is specially 

4 qualified to carry out the duties of the office. 

5 ‘‘(c) OCS SAFETY AND ENVIRONMENTAL ADVISORY

6 BOARD.— 

7 ‘‘(1) ESTABLISHMENT.—The Secretary shall es8 tablish, under the Federal Advisory Committee Act 

9 (5 U.S.C. App.), an Outer Continental Shelf Safety 

10 and Environmental Advisory Board (referred to in 

11 this subsection as the ‘Board’), to provide the Sec12 retary and the Directors of the bureaus established 

13 under this section with independent peer-reviewed 

14 scientific and technical advice on safe and environ15 mentally compliant energy and mineral resource ex16 ploration, development, and production activities. 

17 ‘‘(2) MEMBERSHIP.— 

18 ‘‘(A) SIZE.— 

19 ‘‘(i) IN GENERAL.—The Board shall 

20 consist of not more than 12 members, cho21 sen to reflect a range of expertise in sci22 entific, engineering, management, and 

23 other disciplines related to safe and envi24 ronmentally compliant energy and mineral 


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1 resource exploration, development, and 

2 production activities. 

3 ‘‘(ii) CONSULTATION.—The Secretary 

4 shall consult with the National Academy of 

5 Sciences and the National Academy of En6 gineering to identify potential candidates 

7 for membership on the Board. 

8 ‘‘(B) TERM.—The Secretary shall appoint 

9 Board members to staggered terms of not more 

10 than 4 years, and shall not appoint a member 

11 for more than 2 consecutive terms. 

12 ‘‘(C) CHAIR.—The Secretary shall appoint 

13 the Chair for the Board. 

14 ‘‘(3) MEETINGS.—The Board shall— 

15 ‘‘(A) meet not less than 3 times per year; 

16 and 

17 ‘‘(B) at least once per year, shall host a 

18 public forum to review and assess the overall 

19 safety and environmental performance of outer 

20 Continental Shelf energy and mineral resource 

21 activities. 

22 ‘‘(4) REPORTS.—Reports of the Board shall— 

23 ‘‘(A) be submitted to Congress; and 

24 ‘‘(B) made available to the public in an 

25 electronically accessible form. 


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1 ‘‘(5) TRAVEL EXPENSES.—Members of the 

2 Board, other than full-time employees of the Federal 

3 Government, while attending a meeting of the Board 

4 or while otherwise serving at the request of the Sec5 retary or the Director while serving away from their 

6 homes or regular places of business, may be allowed 

7 travel expenses, including per diem in lieu of subsist8 ence, as authorized by section 5703 of title 5, 

9 United States Code, for individuals in the Federal 

10 Government serving without pay. 

11 ‘‘(d) SPECIAL PERSONNEL AUTHORITIES.— 

12 ‘‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL

13 PERSONNEL.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding sec15 tions 3104, 3304, and 3309 through 3318 of 

16 title 5, United States Code, the Secretary may, 

17 upon a determination that there is a severe 

18 shortage of candidates or a critical hiring need 

19 for particular positions, recruit and directly ap20 point highly qualified accountants, scientists, 

21 engineers, or critical technical personnel into 

22 the competitive service, as officers or employees 

23 of any of the organizational units established 

24 under this section. 


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1 ‘‘(B) REQUIREMENTS.—In exercising the 

2 authority granted under subparagraph (A), the 

3 Secretary shall ensure that any action taken by 

4 the Secretary— 

5 ‘‘(i) is consistent with the merit prin6 ciples of chapter 23 of title 5, United 

7 States Code; and 

8 ‘‘(ii) complies with the public notice 

9 requirements of section 3327 of title 5, 

10 United States Code. 

11 ‘‘(2) CRITICAL PAY AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding sec13 tion 5377 of title 5, United States Code, and 

14 without regard to the provisions of that title 

15 governing appointments in the competitive serv16 ice or the Senior Executive Service and chap17 ters 51 and 53 of that title (relating to classi18 fication and pay rates), the Secretary may es19 tablish, fix the compensation of, and appoint in20 dividuals to critical positions needed to carry 

21 out the functions of any of the organizational 

22 units established under this section, if the Sec23 retary certifies that— 

24 ‘‘(i) the positions— 


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1 ‘‘(I) require expertise of an ex2 tremely high level in a scientific or 

3 technical field; and 

4 ‘‘(II) any of the organizational 

5 units established in this section would 

6 not successfully accomplish an impor7 tant mission without such an indi8 vidual; and 

9 ‘‘(ii) exercise of the authority is nec10 essary to recruit an individual exceptionally 

11 well qualified for the position. 

12 ‘‘(B) LIMITATIONS.—The authority grant13 ed under subparagraph (A) shall be subject to 

14 the following conditions: 

15 ‘‘(i) The number of critical positions 

16 authorized by subparagraph (A) may not 

17 exceed 40 at any 1 time in either of the 

18 bureaus established under this section. 

19 ‘‘(ii) The term of an appointment 

20 under subparagraph (A) may not exceed 4 

21 years. 

22 ‘‘(iii) An individual appointed under 

23 subparagraph (A) may not have been an 

24 employee of the Department of the Interior 


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1 during the 2-year period prior to the date 

2 of appointment. 

3 ‘‘(iv) Total annual compensation for 

4 any individual appointed under subpara5 graph (A) may not exceed the highest total 

6 annual compensation payable at the rate 

7 determined under section 104 of title 3, 

8 United States Code. 

9 ‘‘(v) An individual appointed under 

10 subparagraph (A) may not be considered 

11 to be an employee for purposes of sub12 chapter II of chapter 75 of title 5, United 

13 States Code. 

14 ‘‘(C) NOTIFICATION.—Each year, the Sec15 retary shall submit to Congress a notification 

16 that lists each individual appointed under this 

17 paragraph. 

18 ‘‘(3) REEMPLOYMENT OF CIVILIAN RETIR19 EES.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding part 

21 553 of title 5, Code of Federal Regulations (re22 lating to reemployment of civilian retirees to 

23 meet exceptional employment needs), or suc24 cessor regulations, the Secretary may approve 

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1 ticular position without reduction or termi2 nation of annuity if the hiring of the individual 

3 is necessary to carry out a critical function of 

4 any of the organizational units established 

5 under this section for which suitably qualified 

6 candidates do not exist. 

7 ‘‘(B) LIMITATIONS.—An annuitant hired 

8 with full salary and annuities under the author9 ity granted by subparagraph (A)— 

10 ‘‘(i) shall not be considered an em11 ployee for purposes of subchapter III of 

12 chapter 83 and chapter 84 of title 5, 

13 United States Code; 

14 ‘‘(ii) may not elect to have retirement 

15 contributions withheld from the pay of the 

16 annuitant; 

17 ‘‘(iii) may not use any employment 

18 under this paragraph as a basis for a sup19 plemental or recomputed annuity; and 

20 ‘‘(iv) may not participate in the Thrift 

21 Savings Plan under subchapter III of 

22 chapter 84 of title 5, United States Code. 

23 ‘‘(C) LIMITATION ON TERM.—The term of 

24 employment of any individual hired under sub25 paragraph (A) may not exceed an initial term 


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1 of 2 years, with an additional 2-year appoint2 ment under exceptional circumstances. 

3 ‘‘(e) CONTINUITY OF AUTHORITY.—Subject to the 

4 discretion granted by Reorganization Plan Number 3 of 

5 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), any reference 

6 in any law, rule, regulation, directive, or instruction, or 

7 certificate or other official document, in force immediately 

8 prior to the date of enactment of this section— 

9 ‘‘(1) to the Minerals Management Service that 

10 pertains to any of the duties and authorities de11 scribed in this section shall be deemed to refer and 

12 apply to the appropriate bureaus and offices estab13 lished under this section; 

14 ‘‘(2) to the Director of the Minerals Manage15 ment Service that pertains to any of the duties and 

16 authorities described in this section shall be deemed 

17 to refer and apply to the Director of the bureau or 

18 office under this section to whom the Secretary has 

19 assigned the respective duty or authority; and 

20 ‘‘(3) to any other position in the Minerals Man21 agement Service that pertains to any of the duties 

22 and authorities described in this section shall be 

23 deemed to refer and apply to that same or equiva24 lent position in the appropriate bureau or office es25 tablished under this section.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 5316 of 

2 title 5, United States Code, is amended by striking ‘‘Direc3 tor, Bureau of Mines, Department of the Interior’’ and 

4 inserting the following: 

5 ‘‘ ‘‘Bureau Directors, Department of the Inte6 rior (2). 

7 ‘‘ ‘‘Director, Royalty and Revenue Office, De8 partment of the Interior.’’. 

9 SEC. 306. SAFETY, ENVIRONMENTAL, AND FINANCIAL RE10 FORM OF THE OUTER CONTINENTAL SHELF 

11 LANDS ACT. 

12 (a) DEFINITIONS.—Section 2 of the Outer Conti13 nental Shelf Lands Act (43 U.S.C. 1331) is amended by 

14 adding at the end the following: 

15 ‘‘(r) SAFETY CASE.—The term ‘safety case’ means 

16 a complete set of safety documentation that provides a 

17 basis for determining whether a system is adequately safe 

18 for a given application in a given environment.’’. 

19 (b) ADMINISTRATION OF LEASING.—Section 5(a) of 

20 the Outer Continental Shelf Lands Act (43 U.S.C. 

21 1334(a)) is amended in the second sentence— 

22 (1) by striking ‘‘The Secretary may at any 

23 time’’ and inserting ‘‘The Secretary shall’’; and 


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1 (2) by inserting after ‘‘provide for’’ the fol2 lowing: ‘‘operational safety, the protection of the ma3 rine and coastal environment,’’. 

4 (c) MAINTENANCE OF LEASES.—Section 6 of the 

5 Outer Continental Shelf Lands Act (43 U.S.C. 1335) is 

6 amended by adding at the end the following: 

7 ‘‘(f) REVIEW OF BOND AND SURETY AMOUNTS.— 

8 Not later than May 1, 2011, and every 5 years thereafter, 

9 the Secretary shall— 

10 ‘‘(1) review the minimum financial responsi11 bility requirements for mineral leases under sub12 section (a)(11); and 

13 ‘‘(2) adjust for inflation based on the Consumer 

14 Price Index for all Urban Consumers published by 

15 the Bureau of Labor Statistics of the Department of 

16 Labor, and recommend to Congress any further 

17 changes to existing financial responsibility require18 ments necessary to permit lessees to fulfill all obliga19 tions under this Act or the Oil Pollution Act of 1990 

20 (33 U.S.C. 2701 et seq.). 

21 ‘‘(g) PERIODIC FISCAL REVIEWS AND REPORTS.— 

22 ‘‘(1) ROYALTY RATES.— 

23 ‘‘(A) IN GENERAL.—Not later than 1 year 

24 after the date of enactment of this subsection 

25 and every 4 years thereafter, the Secretary shall 


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1 carry out a review of, and prepare a report that 

2 describes— 

3 ‘‘(i) the royalty and rental rates in4 cluded in new offshore oil and gas leases 

5 and the rationale for the rates; 

6 ‘‘(ii) whether, in the view of the Sec7 retary, the royalty and rental rates de8 scribed in subparagraph (A) would yield a 

9 fair return to the public while promoting 

10 the production of oil and gas resources in 

11 a timely manner; and 

12 ‘‘(iii) whether, based on the review, 

13 the Secretary intends to modify the royalty 

14 or rental rates. 

15 ‘‘(B) PUBLIC PARTICIPATION.—In carrying 

16 out a review and preparing a report under sub17 paragraph (A), the Secretary shall provide to 

18 the public an opportunity to participate. 

19 ‘‘(2) COMPARATIVE REVIEW OF FISCAL SYS20 TEM.— 

21 ‘‘(A) IN GENERAL.—Not later than 1 year 

22 after the date of enactment of this subsection 

23 and every 4 years thereafter, the Secretary in 

24 consultation with the Secretary of the Treasury, 

25 shall carry out a comprehensive review of all 


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1 components of the Federal offshore oil and gas 

2 fiscal system, including requirements for bonus 

3 bids, rental rates, royalties, oil and gas taxes, 

4 income taxes and other significant financial ele5 ments, and oil and gas fees. 

6 ‘‘(B) INCLUSIONS.—The review shall in7 clude— 

8 ‘‘(i) information and analyses com9 paring the offshore bonus bids, rents, roy10 alties, taxes, and fees of the Federal Gov11 ernment to the offshore bonus bids, rents, 

12 royalties, taxes, and fees of other resource 

13 owners (including States and foreign coun14 tries); and 

15 ‘‘(ii) an assessment of the overall off16 shore oil and gas fiscal system in the 

17 United States, as compared to foreign 

18 countries. 

19 ‘‘(C) INDEPENDENT ADVISORY COM20 MITTEE.—In carrying out a review under this 

21 paragraph, the Secretary shall convene and seek 

22 the advice of an independent advisory com23 mittee comprised of oil and gas and fiscal ex24 perts from States, Indian tribes, academia, the 


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1 energy industry, and appropriate nongovern2 mental organizations. 

3 ‘‘(D) REPORT.—The Secretary shall pre4 pare a report that contains— 

5 ‘‘(i) the contents and results of the re6 view carried out under this paragraph for 

7 the period covered by the report; and 

8 ‘‘(ii) any recommendations of the Sec9 retary and the Secretary of the Treasury 

10 based on the contents and results of the 

11 review. 

12 ‘‘(E) COMBINED REPORT.—The Secretary 

13 may combine the reports required by para14 graphs (1) and (2)(D) into 1 report. 

15 ‘‘(3) REPORT DEADLINE.—Not later than 30 

16 days after the date on which the Secretary completes 

17 each report under this subsection, the Secretary 

18 shall submit copies of the report to— 

19 ‘‘(A) the Committee on Energy and Nat20 ural Resources of the Senate; 

21 ‘‘(B) the Committee on Finance of the 

22 Senate; 

23 ‘‘(C) the Committee on Natural Resources 

24 of the House of Representatives; and 


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1 ‘‘(D) the Committee on Ways and Means 

2 of the House of Representatives.’’. 

3 (d) LEASES, EASEMENTS, AND RIGHTS-OF-WAY.— 

4 Section 8 of the Outer Continental Shelf Lands Act (43 

5 U.S.C. 1337) is amended by striking subsection (d) and 

6 inserting the following: 

7 ‘‘(d) DISQUALIFICATION FROM BIDDING.—No bid 

8 for a lease may be submitted by any entity that the Sec9 retary finds, after prior public notice and opportunity for 

10 a hearing— 

11 ‘‘(1) is not meeting due diligence, safety, or en12 vironmental requirements on other leases; or 

13 ‘‘(2)(A) is a responsible party for a vessel or a 

14 facility from which oil is discharged, for purposes of 

15 section 1002 of the Oil Pollution Act of 1990 (33 

16 U.S.C. 2702); and 

17 ‘‘(B) has failed to meet the obligations of the 

18 responsible party under that Act to provide com19 pensation for covered removal costs and damages.’’. 

20 (e) EXPLORATION PLANS.—Section 11 of the Outer 

21 Continental Shelf Lands Act (43 U.S.C. 1340) is amend22 ed— 

23 (1) in subsection (c)— 

24 (A) in the fourth sentence of paragraph 

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1 mission’’ and inserting ‘‘by the deadline de2 scribed in paragraph (5)’’; 

3 (B) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) MINIMUM REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—An exploration plan 

7 submitted under this subsection shall include, 

8 in such degree of detail as the Secretary by reg9 ulation may require— 

10 ‘‘(i) a complete description and sched11 ule of the exploration activities to be un12 dertaken; 

13 ‘‘(ii) a description of the equipment to 

14 be used for the exploration activities, in15 cluding— 

16 ‘‘(I) a description of the drilling 

17 unit; 

18 ‘‘(II) a statement of the design 

19 and condition of major safety-related 

20 pieces of equipment; 

21 ‘‘(III) a description of any new 

22 technology to be used; and 

23 ‘‘(IV) a statement demonstrating 

24 that the equipment to be used meets 


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1 the best available technology require2 ments under section 21(b); 

3 ‘‘(iii) a map showing the location of 

4 each well to be drilled; 

5 ‘‘(iv)(I) a scenario for the potential 

6 blowout of the well involving the highest 

7 expected volume of liquid hydrocarbons; 

8 and 

9 ‘‘(II) a complete description of a re10 sponse plan to control the blowout and 

11 manage the accompanying discharge of hy12 drocarbons, including— 

13 ‘‘(aa) the technology and timeline 

14 for regaining control of the well; and 

15 ‘‘(bb) the strategy, organization, 

16 and resources to be used to avoid 

17 harm to the environment and human 

18 health from hydrocarbons; and 

19 ‘‘(v) any other information determined 

20 to be relevant by the Secretary. 

21 ‘‘(B) DEEPWATER WELLS.— 

22 ‘‘(i) IN GENERAL.—Before conducting 

23 exploration activities in water depths 

24 greater than 500 feet, the holder of a lease 

25 shall submit to the Secretary for approval 


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1 a deepwater operations plan prepared by 

2 the lessee in accordance with this subpara3 graph. 

4 ‘‘(ii) TECHNOLOGY REQUIREMENTS.— 

5 A deepwater operations plan under this 

6 subparagraph shall be based on the best 

7 available technology to ensure safety in 

8 carrying out the exploration activity and 

9 the blowout response plan. 

10 ‘‘(iii) SYSTEMS ANALYSIS RE11 QUIRED.—The Secretary shall not approve 

12 a deepwater operations plan under this 

13 subparagraph unless the plan includes a 

14 technical systems analysis of— 

15 ‘‘(I) the safety of the proposed 

16 exploration activity; 

17 ‘‘(II) the blowout prevention 

18 technology; and 

19 ‘‘(III) the blowout and spill re20 sponse plans.’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(5) DEADLINE FOR APPROVAL.— 

23 ‘‘(A) IN GENERAL.—In the case of a lease 

24 issued under a sale held after March 17, 2010, 

25 the deadline for approval of an exploration plan 


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1 referred to in the fourth sentence of paragraph 

2 (1) is— 

3 ‘‘(i) the date that is 90 days after the 

4 date on which the plan or the modifica5 tions to the plan are submitted; or 

6 ‘‘(ii) the date that is not later than an 

7 additional 180 days after the deadline de8 scribed in clause (i), if the Secretary 

9 makes a finding that additional time is 

10 necessary to complete any environmental, 

11 safety, or other reviews. 

12 ‘‘(B) EXISTING LEASES.—In the case of a 

13 lease issued under a sale held on or before 

14 March 17, 2010, the Secretary, with the con15 sent of the holder of the lease, may extend the 

16 deadline applicable to the lease for such addi17 tional time as the Secretary determines is nec18 essary to complete any environmental, safety, or 

19 other reviews.’’; 

20 (2) by redesignating subsections (e) through (h) 

21 as subsections (f) through (i), respectively; and 

22 (3) by striking subsection (d) and inserting the 

23 following: 

24 ‘‘(d) DRILLING PERMITS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall, by 

2 regulation, require that any lessee operating under 

3 an approved exploration plan obtain a permit— 

4 ‘‘(A) before the lessee drills a well in ac5 cordance with the plan; and 

6 ‘‘(B) before the lessee significantly modi7 fies the well design originally approved by the 

8 Secretary. 

9 ‘‘(2) ENGINEERING REVIEW REQUIRED.—The 

10 Secretary may not grant any drilling permit until 

11 the date of completion of a full review of the well 

12 system by not less than 2 agency engineers, includ13 ing a written determination that— 

14 ‘‘(A) critical safety systems (including 

15 blowout prevention) will use best available tech16 nology; and 

17 ‘‘(B) blowout prevention systems will in18 clude redundancy and remote triggering capa19 bility. 

20 ‘‘(3) MODIFICATION REVIEW REQUIRED.—The 

21 Secretary may not approve any modification of a 

22 permit without a determination, after an additional 

23 engineering review, that the modification will not 

24 compromise the safety of the well system previously 

25 approved. 


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1 ‘‘(4) OPERATOR SAFETY AND ENVIRONMENTAL

2 MANAGEMENT REQUIRED.—The Secretary may not 

3 grant any drilling permit or modification of the per4 mit until the date of completion and approval of a 

5 safety and environmental management plan that— 

6 ‘‘(A) is to be used by the operator during 

7 all well operations; and 

8 ‘‘(B) includes— 

9 ‘‘(i) a description of the expertise and 

10 experience level of crew members who will 

11 be present on the rig; and 

12 ‘‘(ii) designation of at least 2 environ13 mental and safety managers that— 

14 ‘‘(I) are employees of the oper15 ator; 

16 ‘‘(II) would be present on the rig 

17 at all times; and 

18 ‘‘(III) have overall responsibility 

19 for the safety and environmental man20 agement of the well system and spill 

21 response plan; and 

22 ‘‘(C) not later than May 1, 2012, requires 

23 that all employees on the rig meet the training 

24 and experience requirements under section 

25 21(b)(4). 


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1 ‘‘(e) DISAPPROVAL OF EXPLORATION PLAN.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall dis3 approve an exploration plan submitted under this 

4 section if the Secretary determines that, because of 

5 exceptional geological conditions in the lease areas, 

6 exceptional resource values in the marine or coastal 

7 environment, or other exceptional circumstances, 

8 that— 

9 ‘‘(A) implementation of the exploration 

10 plan would probably cause serious harm or 

11 damage to life (including fish and other aquatic 

12 life), property, mineral deposits, national secu13 rity or defense, or the marine, coastal or human 

14 environments; 

15 ‘‘(B) the threat of harm or damage would 

16 not disappear or decrease to an acceptable ex17 tent within a reasonable period of time; and 

18 ‘‘(C) the advantages of disapproving the 

19 exploration plan outweigh the advantages of ex20 ploration. 

21 ‘‘(2) COMPENSATION.—If an exploration plan is 

22 disapproved under this subsection, the provisions of 

23 subparagraphs (B) and (C) of section 25(h)(2) shall 

24 apply to the lease and the plan or any modified plan, 

25 except that the reference in section 25(h)(2)(C) to a 


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1 development and production plan shall be considered 

2 to be a reference to an exploration plan.’’. 

3 (f) OUTER CONTINENTAL SHELF LEASING PRO4 GRAM.—Section 18 of the Outer Continental Shelf Lands 

5 Act (43 U.S.C. 1344) is amended— 

6 (1) in subsection (a)— 

7 (A) in the second sentence, by inserting 

8 after ‘‘national energy needs’’ the following: 

9 ‘‘and the need for the protection of the marine 

10 and coastal environment and resources’’; 

11 (B) in paragraph (1), by striking ‘‘con12 siders’’ and inserting ‘‘gives equal consideration 

13 to’’; and 

14 (C) in paragraph (3), by striking ‘‘, to the 

15 maximum extent practicable,’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (3), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (4), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(5) provide technical review and oversight of 

23 the exploration plan and a systems review of the 

24 safety of the well design and other operational deci25 sions; 


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1 ‘‘(6) conduct regular and thorough safety re2 views and inspections, and; 

3 ‘‘(7) enforce all applicable laws (including regu4 lations).’’; 

5 (3) in the second sentence of subsection (d)(2), 

6 by inserting ‘‘, the head of an interested Federal 

7 agency,’’ after ‘‘Attorney General’’; 

8 (4) in the first sentence of subsection (g), by in9 serting before the period at the end the following: ‘‘, 

10 including existing inventories and mapping of ma11 rine resources previously undertaken by the Depart12 ment of the Interior and the National Oceanic and 

13 Atmospheric Administration, information provided 

14 by the Department of Defense, and other available 

15 data regarding energy or mineral resource potential, 

16 navigation uses, fisheries, aquaculture uses, rec17 reational uses, habitat, conservation, and military 

18 uses on the outer Continental Shelf’’; and 

19 (5) by adding at the end the following: 

20 ‘‘(i) RESEARCH AND DEVELOPMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall carry 

22 out a program of research and development to en23 sure the continued improvement of methodologies for 

24 characterizing resources of the outer Continental 

25 Shelf and conditions that may affect the ability to 


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1 develop and use those resources in a safe, sound, 

2 and environmentally responsible manner. 

3 ‘‘(2) INCLUSIONS.—Research and development 

4 activities carried out under paragraph (1) may in5 clude activities to provide accurate estimates of en6 ergy and mineral reserves and potential on the outer 

7 Continental Shelf and any activities that may assist 

8 in filling gaps in environmental data needed to de9 velop each leasing program under this section. 

10 ‘‘(3) LEASING ACTIVITIES.—Research and de11 velopment activities carried out under paragraph (1) 

12 shall not be considered to be leasing or pre-leasing 

13 activities for purposes of this Act.’’. 

14 (g) ENVIRONMENTAL STUDIES.—Section 20 of the 

15 Outer Continental Shelf Lands Act (43 U.S.C. 1346) is 

16 amended— 

17 (1) by redesignating subsections (a) through (f) 

18 as subsections (b) through (g), respectively; 

19 (2) by inserting before subsection (b) (as so re20 designated) the following: 

21 ‘‘(a) COMPREHENSIVE AND INDEPENDENT STUD22 IES.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall develop 

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1 ronmental and other resource data that are relevant 

2 to carrying out the purposes of this Act, including 

3 assessments under subsection (g) . 

4 ‘‘(2) SCOPE OF RESEARCH.—The programs 

5 under this subsection shall include— 

6 ‘‘(A) the gathering of baseline data in 

7 areas before energy or mineral resource devel8 opment activities occur; 

9 ‘‘(B) ecosystem research and monitoring 

10 studies to support integrated resource manage11 ment decisions; and 

12 ‘‘(C) the improvement of scientific under13 standing of the fate, transport, and effects of 

14 discharges and spilled materials, including deep 

15 water hydrocarbon spills, in the marine environ16 ment. 

17 ‘‘(3) USE OF DATA.—The Secretary shall en18 sure that information from the studies carried out 

19 under this section— 

20 ‘‘(A) informs the management of energy 

21 and mineral resources on the outer Continental 

22 Shelf including any areas under consideration 

23 for oil and gas leasing; and 

24 ‘‘(B) contributes to a broader coordination 

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1 tivities within the context of best available 

2 science. 

3 ‘‘(4) INDEPENDENCE.—The Secretary shall cre4 ate a program within the appropriate bureau estab5 lished under section 32 that shall— 

6 ‘‘(A) be programmatically separate and 

7 distinct from the leasing program; 

8 ‘‘(B) carry out the environmental studies 

9 under this section; 

10 ‘‘(C) conduct additional environmental 

11 studies relevant to the sound management of 

12 energy and mineral resources on the outer Con13 tinental Shelf; 

14 ‘‘(D) provide for external scientific review 

15 of studies under this section, including through 

16 appropriate arrangements with the National 

17 Academy of Sciences; and 

18 ‘‘(E) subject to the restrictions of sub19 sections (g) and (h) of section 18, make avail20 able to the public studies conducted and data 

21 gathered under this section.’’; and 

22 (3) in the first sentence of subsection (b)(1) (as 

23 so redesignated), by inserting ‘‘every 3 years’’ after 

24 ‘‘shall conduct’’. 


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1 (h) SAFETY RESEARCH AND REGULATIONS.—Section 

2 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 

3 1347) is amended— 

4 (1) in the first sentence of subsection (a), by 

5 striking ‘‘Upon the date of enactment of this sec6 tion,’’ and inserting ‘‘Not later than May 1, 2011, 

7 and every 3 years thereafter,’’; 

8 (2) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) BEST AVAILABLE TECHNOLOGIES AND PRAC11 TICES.— 

12 ‘‘(1) IN GENERAL.—In exercising respective re13 sponsibilities under this Act, the Secretary, and the 

14 Secretary of the Department in which the Coast 

15 Guard is operating, shall require, on all new drilling 

16 and production operations and, to the maximum ex17 tent practicable, on existing operations, the use of 

18 the best available and safest technologies and prac19 tices, if the failure of equipment would have a sig20 nificant effect on safety, health, or the environment. 

21 ‘‘(2) IDENTIFICATION OF BEST AVAILABLE

22 TECHNOLOGIES.—Not later than May 1, 2011, and 

23 not later than every 3 years thereafter, the Secretary 

24 shall identify and publish an updated list of best 

25 available technologies for key areas of well design 


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1 and operation, including blowout prevention and 

2 blowout and oil spill response. 

3 ‘‘(3) SAFETY CASE.—Not later than May 1, 

4 2011, the Secretary shall promulgate regulations re5 quiring a safety case be submitted along with each 

6 new application for a permit to drill on the outer 

7 Continental Shelf. 

8 ‘‘(4) EMPLOYEE TRAINING.— 

9 ‘‘(A) IN GENERAL.—Not later than May 1, 

10 2011, the Secretary shall promulgate regula11 tions setting standards for training for all 

12 workers on offshore facilities (including mobile 

13 offshore drilling units) conducting energy and 

14 mineral resource exploration, development, and 

15 production operations on the outer Continental 

16 Shelf. 

17 ‘‘(B) REQUIREMENTS.—The training 

18 standards under this paragraph shall require 

19 that employers of workers described in subpara20 graph (A)— 

21 ‘‘(i) establish training programs ap22 proved by the Secretary; and 

23 ‘‘(ii) demonstrate that employees in24 volved in the offshore operations meet 


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1 standards that demonstrate the aptitude of 

2 the employees in critical technical skills. 

3 ‘‘(C) EXPERIENCE.—The training stand4 ards under this section shall require that any 

5 offshore worker with less than 5 years of ap6 plied experience in offshore facilities operations 

7 pass a certification requirement after receiving 

8 the appropriate training. 

9 ‘‘(D) MONITORING TRAINING COURSES.— 

10 The Secretary shall ensure that Department 

11 employees responsible for inspecting offshore fa12 cilities monitor, observe, and report on training 

13 courses established under this paragraph, in14 cluding attending a representative number of 

15 the training sessions, as determined by the Sec16 retary.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(g) TECHNOLOGY RESEARCH AND RISK ASSESS19 MENT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall carry 

21 out a program of research, development, and risk as22 sessment to address technology and development 

23 issues associated with outer Continental Shelf en24 ergy and mineral resource activities, with the pri25 mary purpose of informing the role of research, deVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 velopment, and risk assessment relating to safety, 

2 environmental protection, and spill response. 

3 ‘‘(2) SPECIFIC AREAS OF FOCUS.—The program 

4 under this subsection shall include research, develop5 ment, and other activities related to— 

6 ‘‘(A) risk assessment, using all available 

7 data from safety and compliance records both 

8 within the United States and internationally; 

9 ‘‘(B) analysis of industry trends in tech10 nology, investment, and interest in frontier 

11 areas; 

12 ‘‘(C) analysis of incidents investigated 

13 under section 22; 

14 ‘‘(D) reviews of best available technologies, 

15 including technologies associated with pipelines, 

16 blowout preventer mechanisms, casing, well de17 sign, and other associated infrastructure related 

18 to offshore energy development; 

19 ‘‘(E) oil spill response and mitigation; 

20 ‘‘(F) risks associated with human factors; 

21 and 

22 ‘‘(G) renewable energy operations. 

23 ‘‘(3) INFORMATION SHARING ACTIVITIES.— 

24 ‘‘(A) DOMESTIC ACTIVITIES.—The Sec25 retary shall carry out programs to facilitate the 


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1 exchange and dissemination of scientific and 

2 technical information and best practices related 

3 to the management of safety and environmental 

4 issues associated with energy and mineral re5 source exploration, development, and produc6 tion. 

7 ‘‘(B) INTERNATIONAL COOPERATION.— 

8 The Secretary shall carry out programs to co9 operate with international organizations and 

10 foreign governments to share information and 

11 best practices related to the management of 

12 safety and environmental issues associated with 

13 energy and mineral resource exploration, devel14 opment, and production. 

15 ‘‘(4) REPORTS.—The program under this sub16 section shall provide to the Secretary, each Bureau 

17 Director under section 32, and the public quarterly 

18 reports that address— 

19 ‘‘(A) developments in each of the areas 

20 under paragraph (2); and 

21 ‘‘(B)(i) any accidents that have occurred in 

22 the past quarter; and 

23 ‘‘(ii) appropriate responses to the acci24 dents. 


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1 ‘‘(5) INDEPENDENCE.—The Secretary shall cre2 ate a program within the appropriate bureau estab3 lished under section 32 that shall— 

4 ‘‘(A) be programmatically separate and 

5 distinct from the leasing program; 

6 ‘‘(B) carry out the studies, analyses, and 

7 other activities under this subsection; 

8 ‘‘(C) provide for external scientific review 

9 of studies under this section, including through 

10 appropriate arrangements with the National 

11 Academy of Sciences; and 

12 ‘‘(D) make available to the public studies 

13 conducted and data gathered under this section. 

14 ‘‘(6) USE OF DATA.—The Secretary shall en15 sure that the information from the studies and re16 search carried out under this section inform the de17 velopment of safety practices and regulations as re18 quired by this Act and other applicable laws.’’. 

19 (i) ENFORCEMENT.—Section 22 of the Outer Conti20 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 

21 (1) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) in the first sentence, by inserting 

24 ‘‘, each loss of well control, blowout, activa25 tion of the blowout preventer, and other 


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1 accident that presented a serious risk to 

2 human or environmental safety,’’ after 

3 ‘‘fire’’; and 

4 (ii) in the last sentence, by inserting 

5 ‘‘as a condition of the lease’’ before the pe6 riod at the end; 

7 (B) in the last sentence of paragraph (2), 

8 by inserting ‘‘as a condition of lease’’ before the 

9 period at the end; 

10 (2) in subsection (e)— 

11 (A) by striking ‘‘(e) The’’ and inserting the 

12 following: 

13 ‘‘(e) REVIEW OF ALLEGED SAFETY VIOLATIONS.— 

14 ‘‘(1) IN GENERAL.—The’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) INVESTIGATION.—The Secretary shall in17 vestigate any allegation from any employee of the 

18 lessee or any subcontractor of the lessee made under 

19 paragraph (1).’’; and 

20 (3) by adding at the end of the section the fol21 lowing: 

22 ‘‘(g) INDEPENDENT INVESTIGATION.— 

23 ‘‘(1) IN GENERAL.—At the request of the Sec24 retary, the National Transportation Safety Board 

25 may conduct an independent investigation of any acVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 cident, occurring in the outer Continental Shelf and 

2 involving activities under this Act, that does not oth3 erwise fall within the definition of an accident or 

4 major marine casualty, as those terms are used in 

5 chapter 11 of title 49, United States Code. 

6 ‘‘(2) TRANSPORTATION ACCIDENT.—For pur7 poses of an investigation under this subsection, the 

8 accident that is the subject of the request by the 

9 Secretary shall be determined to be a transportation 

10 accident within the meaning of that term in chapter 

11 11 of title 49, United States Code. 

12 ‘‘(h) INFORMATION ON CAUSES AND CORRECTIVE

13 ACTIONS.— 

14 ‘‘(1) IN GENERAL.—For each incident inves15 tigated under this section, the Secretary shall 

16 promptly make available to all lessees and the public 

17 technical information about the causes and correc18 tive actions taken. 

19 ‘‘(2) PUBLIC DATABASE.—All data and reports 

20 related to an incident described in paragraph (1) 

21 shall be maintained in a database that is available 

22 to the public. 

23 ‘‘(i) INSPECTION FEE.— 

24 ‘‘(1) IN GENERAL.—To the extent necessary to 

25 fund the inspections described in this paragraph, the 


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1 Secretary shall collect a non-refundable inspection 

2 fee, which shall be deposited in the Ocean Energy 

3 Enforcement Fund established under paragraph (3), 

4 from the designated operator for facilities subject to 

5 inspection under subsection (c). 

6 ‘‘(2) ESTABLISHMENT.—The Secretary shall es7 tablish, by rule, inspection fees— 

8 ‘‘(A) at an aggregate level equal to the 

9 amount necessary to offset the annual expenses 

10 of inspections of outer Continental Shelf facili11 ties (including mobile offshore drilling units) by 

12 the Department of the Interior; and 

13 ‘‘(B) using a schedule that reflects the dif14 ferences in complexity among the classes of fa15 cilities to be inspected. 

16 ‘‘(3) OCEAN ENERGY ENFORCEMENT FUND.— 

17 There is established in the Treasury a fund, to be 

18 known as the ‘Ocean Energy Enforcement Fund’ 

19 (referred to in this subsection as the ‘Fund’), into 

20 which shall be deposited amounts collected under 

21 paragraph (1) and which shall be available as pro22 vided under paragraph (4). 

23 ‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 

24 section 3302 of title 31, United States Code, all 


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1 amounts collected by the Secretary under this sec2 tion— 

3 ‘‘(A) shall be credited as offsetting collec4 tions; 

5 ‘‘(B) shall be available for expenditure only 

6 for purposes of carrying out inspections of 

7 outer Continental Shelf facilities (including mo8 bile offshore drilling units) and the administra9 tion of the inspection program; 

10 ‘‘(C) shall be available only to the extent 

11 provided for in advance in an appropriations 

12 Act; and 

13 ‘‘(D) shall remain available until expended. 

14 ‘‘(5) ANNUAL REPORTS.— 

15 ‘‘(A) IN GENERAL.—Not later than 60 

16 days after the end of each fiscal year beginning 

17 with fiscal year 2011, the Secretary shall sub18 mit to the Committee on Energy and Natural 

19 Resources of the Senate and the Committee on 

20 Natural Resources of the House of Representa21 tives a report on the operation of the Fund dur22 ing the fiscal year. 

23 ‘‘(B) CONTENTS.—Each report shall in24 clude, for the fiscal year covered by the report, 

25 the following: 


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1 ‘‘(i) A statement of the amounts de2 posited into the Fund. 

3 ‘‘(ii) A description of the expenditures 

4 made from the Fund for the fiscal year, in5 cluding the purpose of the expenditures. 

6 ‘‘(iii) Recommendations for additional 

7 authorities to fulfill the purpose of the 

8 Fund. 

9 ‘‘(iv) A statement of the balance re10 maining in the Fund at the end of the fis11 cal year.’’. 

12 (j) REMEDIES AND PENALTIES.—Section 24 of the 

13 Outer Continental Shelf Lands Act (43 U.S.C. 1350) is 

14 amended— 

15 (1) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) CIVIL PENALTY.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

19 through (3), if any person fails to comply with this 

20 Act, any term of a lease or permit issued under this 

21 Act, or any regulation or order issued under this 

22 Act, the person shall be liable for a civil administra23 tive penalty of not more than $75,000 for each day 

24 of continuance of each failure. 


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1 ‘‘(2) ADMINISTRATION.—The Secretary may as2 sess, collect, and compromise any penalty under 

3 paragraph (1). 

4 ‘‘(3) HEARING.—No penalty shall be assessed 

5 under this subsection until the person charged with 

6 a violation has been given the opportunity for a 

7 hearing. 

8 ‘‘(4) ADJUSTMENT.—The penalty amount speci9 fied in this subsection shall increase each year to re10 flect any increases in the Consumer Price Index for 

11 All Urban Consumers published by the Bureau of 

12 Labor Statistics of the Department of Labor.’’; 

13 (2) in subsection (c)— 

14 (A) in the first sentence, by striking 

15 ‘‘$100,000’’ and inserting ‘‘$10,000,000’’; and 

16 (B) by adding at the end the following: 

17 ‘‘The penalty amount specified in this sub18 section shall increase each year to reflect any 

19 increases in the Consumer Price Index for All 

20 Urban Consumers published by the Bureau of 

21 Labor Statistics of the Department of Labor.’’; 

22 and 

23 (3) in subsection (d), by inserting ‘‘, or with 

24 reckless disregard,’’ after ‘‘knowingly and willfully’’. 


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1 (k) OIL AND GAS DEVELOPMENT AND PRODUC2 TION.—Section 25 of the Outer Continental Shelf Lands 

3 Act (43 U.S.C. 1351) is amended by striking ‘‘, other than 

4 the Gulf of Mexico,’’ each place it appears in subsections 

5 (a)(1), (b), and (e)(1). 

6 (l) CONFLICTS OF INTEREST.—Section 29 of the 

7 Outer Continental Shelf Lands Act (43 U.S.C. 1355) is 

8 amended to read as follows: 

9 ‘‘SEC. 29. CONFLICTS OF INTEREST. 

10 ‘‘(a) RESTRICTIONS ON EMPLOYMENT.—No full-time 

11 officer or employee of the Department of the Interior who 

12 directly or indirectly discharges duties or responsibilities 

13 under this Act shall— 

14 ‘‘(1) within 2 years after his employment with 

15 the Department has ceased— 

16 ‘‘(A) knowingly act as agent or attorney 

17 for, or otherwise represent, any other person 

18 (except the United States) in any formal or in19 formal appearance before; 

20 ‘‘(B) with the intent to influence, make 

21 any oral or written communication on behalf of 

22 any other person (except the United States) to; 

23 or 

24 ‘‘(C) knowingly aid, advise, or assist in— 


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1 ‘‘(i) representing any other person 

2 (except the United States in any formal or 

3 informal appearance before; or 

4 ‘‘(ii) making, with the intent to influ5 ence, any oral or written communication 

6 on behalf of any other person (except the 

7 United States) to, 

8 any department, agency, or court of the United 

9 States, or any officer or employee thereof, in connec10 tion with any judicial or other proceeding, applica11 tion, request for a ruling or other determination, 

12 regulation, order lease, permit, rulemaking, inspec13 tion, enforcement action, or other particular matter 

14 involving a specific party or parties in which the 

15 United States is a party or has a direct and sub16 stantial interest which was actually pending under 

17 his official responsibility as an officer or employee 

18 within a period of one year prior to the termination 

19 of such responsibility or in which he participated 

20 personally and substantially as an officer or em21 ployee; 

22 ‘‘(2) within 1 year after his employment with 

23 the Department has ceased— 

24 ‘‘(A) knowingly act as agent or attorney 

25 for, or otherwise represent, any other person 


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1 (except the United States) in any formal or in2 formal appearance before; 

3 ‘‘(B) with the intent to influence, make 

4 any oral or written communication on behalf of 

5 any other person (except the United States) to; 

6 or 

7 ‘‘(C) knowingly aid , advise, or assist in — 

8 ‘‘(i) representing any other person 

9 (except the United States in any formal or 

10 informal appearance before, or 

11 ‘‘(ii) making, with the intent to influ12 ence, any oral or written communication 

13 on behalf of any other person (except the 

14 United States) to, 

15 the Department of the Interior, or any officer or em16 ployee thereof, in connection with any judicial, rule17 making, regulation, order, lease, permit, regulation, 

18 inspection, enforcement action, or other particular 

19 matter which is pending before the Department of 

20 the Interior or in which the Department has a direct 

21 and substantial interest; or 

22 ‘‘(3) accept employment or compensation, dur23 ing the 1-year period beginning on the date on which 

24 employment with the Department has ceased, from 


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1 any person (other than the United States) that has 

2 a direct and substantial interest— 

3 ‘‘(A) that was pending under the official 

4 responsibility of the employee as an officer or 

5 employee of the Department during the 1-year 

6 period preceding the termination of the respon7 sibility; or 

8 ‘‘(B) in which the employee participated 

9 personally and substantially as an officer or em10 ployee. 

11 ‘‘(b) PRIOR EMPLOYMENT RELATIONSHIPS.—No 

12 full-time officer or employee of the Department of the In13 terior who directly or indirectly discharges duties or re14 sponsibilities under this Act shall participate personally 

15 and substantially as a Federal officer or employee, 

16 through decision, approval, disapproval, recommendation, 

17 the rendering of advice, investigation, or otherwise, in a 

18 proceeding, application, request for a ruling or other de19 termination, contract, claim, controversy, charge, accusa20 tion, inspection, enforcement action, or other particular 

21 matter in which, to the knowledge of the officer or em22 ployee— 

23 ‘‘(1) the officer or employee or the spouse, 

24 minor child, or general partner of the officer or em25 ployee has a financial interest; 


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1 ‘‘(2) any organization in which the officer or 

2 employee is serving as an officer, director, trustee, 

3 general partner, or employee has a financial interest; 

4 ‘‘(3) any person or organization with whom the 

5 officer or employee is negotiating or has any ar6 rangement concerning prospective employment has a 

7 financial interest; or 

8 ‘‘(4) any person or organization in which the of9 ficer or employee has, within the preceding 1-year 

10 period, served as an officer, director, trustee, general 

11 partner, agent, attorney, consultant, contractor, or 

12 employee has a financial interest. 

13 ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No full-time 

14 officer or employee of the Department of the Interior who 

15 directly or indirectly discharges duties or responsibilities 

16 under this Act shall, directly or indirectly, solicit or accept 

17 any gift in violation of subpart B of part 2635 of title 

18 V, Code of Federal Regulations (or successor regulations). 

19 ‘‘(d) EXEMPTIONS.—The Secretary may, by rule, ex20 empt from this section clerical and support personnel who 

21 do not conduct inspections, perform audits, or otherwise 

22 exercise regulatory or policy making authority under this 

23 Act. 

24 ‘‘(e) PENALTIES.— 


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1 ‘‘(1) CRIMINAL PENALTIES.—Any person who 

2 violates paragraph (1) or (2) of subsection (a) or 

3 subsection (b) shall be punished in accordance with 

4 section 216 of title 18, United States Code. 

5 ‘‘(2) CIVIL PENALTIES.—Any person who vio6 lates subsection (a)(3) or (c) shall be punished in ac7 cordance with subsection (b) of section 216 of title 

8 18, United States Code.’’. 

9 SEC. 307. STUDY ON THE EFFECT OF THE MORATORIA ON 

10 NEW DEEPWATER DRILLING IN THE GULF OF 

11 MEXICO ON EMPLOYMENT AND SMALL BUSI12 NESSES. 

13 (a) IN GENERAL.—The Department of Energy, act14 ing through the Energy Information Administration, shall 

15 publish a monthly study evaluating the effect of the mora16 toria resulting from the blowout and explosion of the mo17 bile offshore drilling unit Deepwater Horizon that occurred 

18 on April 20, 2010, and resulting hydrocarbon releases into 

19 the environment, on employment and small businesses. 

20 (b) REPORT.—Not later than 60 days after the date 

21 of enactment of this Act and at the beginning of each 

22 month thereafter during the effective period of the mora23 toria described in subsection (a), the Secretary of Energy, 

24 acting through the Energy Information Administration, 

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1 sources of the Senate and the Committee on Energy and 

2 Commerce of the House of Representatives a report re3 garding the results of the study conducted under sub4 section (a), including— 

5 (1) a survey of the effect of the moratoria on 

6 deepwater drilling on employment in the industries 

7 directly involved in oil and natural gas exploration in 

8 the outer Continental Shelf; 

9 (2) a survey of the effect of the moratoria on 

10 employment in the industries indirectly involved in 

11 oil and natural gas exploration in the outer Conti12 nental Shelf, including suppliers of supplies or serv13 ices and customers of industries directly involved in 

14 oil and natural gas exploration; 

15 (3) an estimate of the effect of the moratoria 

16 on the revenues of small business located near the 

17 Gulf of Mexico and, to the maximum extent prac18 ticable, throughout the United States; and 

19 (4) any recommendations to mitigate possible 

20 negative effects on small business concerns resulting 

21 from the moratoria. 

22 SEC. 308. REFORM OF OTHER LAW. 

23 Section 388(b) of the Energy Policy Act of 2005 (43 

24 U.S.C. 1337 note; Public Law 109–58) is amended by 

25 adding at the end the following: 


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1 ‘‘(4) FEDERAL AGENCIES.—Any head of a Fed2 eral department or agency shall, on request of the 

3 Secretary, provide to the Secretary all data and in4 formation that the Secretary determines to be nec5 essary for the purpose of including the data and in6 formation in the mapping initiative, except that no 

7 Federal department or agency shall be required to 

8 provide any data or information that is privileged or 

9 proprietary.’’. 

10 SEC. 309. SAFER OIL AND GAS PRODUCTION. 

11 (a) PROGRAM AUTHORITY.—Section 999A of the En12 ergy Policy Act of 2005 (42 U.S.C. 16371) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘ultra-deepwater’’ and in15 serting ‘‘deepwater’’; and 

16 (B) by inserting ‘‘well control and accident 

17 prevention,’’ after ‘‘safe operations,’’; 

18 (2) in subsection (b)— 

19 (A) by striking paragraph (1) and insert20 ing the following: 

21 ‘‘(1) Deepwater architecture, well control and 

22 accident prevention, and deepwater technology, in23 cluding drilling to deep formations in waters greater 

24 than 500 feet.’’; and 


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1 (B) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) Safety technology research and develop4 ment for drilling activities aimed at well control and 

5 accident prevention performed by the Office of Fos6 sil Energy of the Department.’’; and 

7 (3) in subsection (d)— 

8 (A) in the subsection heading, by striking 

9 ‘‘NATIONAL ENERGY TECHNOLOGY LABORA10 TORY’’ and inserting ‘‘OFFICE OF FOSSIL EN11 ERGY OF THE DEPARTMENT’’; and 

12 (B) by striking ‘‘National Energy Tech13 nology Laboratory’’ and inserting ‘‘Office of 

14 Fossil Energy of the Department’’. 

15 (b) DEEPWATER AND UNCONVENTIONAL ONSHORE

16 NATURAL GAS AND OTHER PETROLEUM RESEARCH AND

17 DEVELOPMENT PROGRAM.—Section 999B of the Energy 

18 Policy Act of 2005 (42 U.S.C. 16372) is amended— 

19 (1) in the section heading, by striking ‘‘ULTRA20 DEEPWATER AND UNCONVENTIONAL ONSHORE

21 NATURAL GAS AND OTHER PETROLEUM’’ and 

22 inserting ‘‘SAFE OIL AND GAS PRODUCTION AND

23 ACCIDENT PREVENTION’’; 

24 (2) in subsection (a), by striking ‘‘, by increas25 ing’’ and all that follows through the period at the 


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1 end and inserting ‘‘and the safe and environmentally 

2 responsible exploration, development, and production 

3 of hydrocarbon resources.’’; 

4 (3) in subsection (c)(1)— 

5 (A) by redesignating subparagraphs (D) 

6 and (E) as subparagraphs (E) and (F), respec7 tively; and 

8 (B) by inserting after subparagraph (C) 

9 the following: 

10 ‘‘(D) projects will be selected on a competi11 tive, peer-reviewed basis.’’; and 

12 (4) in subsection (d)— 

13 (A) in paragraph (6), by striking ‘‘ultra14 deepwater’’ and inserting ‘‘deepwater’’; 

15 (B) in paragraph (7)— 

16 (i) in subparagraph (A)— 

17 (I) in the subparagraph heading, 

18 by striking ‘‘ULTRA-DEEPWATER’’ and 

19 inserting ‘‘DEEPWATER’’; 

20 (II) by striking ‘‘development 

21 and’’ and inserting ‘‘research, develop22 ment, and’’; and 

23 (III) by striking ‘‘as well as’’ and 

24 all that follows through the period at 

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1 proving operational safety of drilling 

2 activities, including well integrity sys3 tems, well control, blowout prevention, 

4 the use of non-toxic materials, and in5 tegrated systems approach-based 

6 management for exploration and pro7 duction in deepwater.’’; 

8 (ii) in subparagraph (B), by striking 

9 ‘‘and environmental mitigation’’ and in10 serting ‘‘use of non-toxic materials, drilling 

11 safety, and environmental mitigation and 

12 accident prevention’’; 

13 (iii) in subparagraph (C), by inserting 

14 ‘‘safety and accident prevention, well con15 trol and systems integrity,’’ after ‘‘includ16 ing’’; and 

17 (iv) by adding at the end the fol18 lowing: 

19 ‘‘(D) SAFETY AND ACCIDENT PREVENTION

20 TECHNOLOGY RESEARCH AND DEVELOP21 MENT.—Awards from allocations under section 

22 999H(d)(4) shall be expended on areas includ23 ing— 

24 ‘‘(i) development of improved cement25 ing and casing technologies; 


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1 ‘‘(ii) best management practices for 

2 cementing, casing, and other well control 

3 activities and technologies; 

4 ‘‘(iii) development of integrity and 

5 stewardship guidelines for— 

6 ‘‘(I) well-plugging and abandon7 ment; 

8 ‘‘(II) development of wellbore 

9 sealant technologies; and 

10 ‘‘(III) improvement and stand11 ardization of blowout prevention de12 vices.’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(8) STUDY; REPORT.— 

15 ‘‘(A) STUDY.—As soon as practicable after 

16 the date of enactment of this paragraph, the 

17 Secretary shall enter into an arrangement with 

18 the National Academy of Sciences under which 

19 the Academy shall conduct a study to deter20 mine— 

21 ‘‘(i) whether the benefits provided 

22 through each award under this subsection 

23 during calendar year 2011 have been maxi24 mized; and 


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1 ‘‘(ii) the new areas of research that 

2 could be carried out to meet the overall ob3 jectives of the program. 

4 ‘‘(B) REPORT.—Not later than January 1, 

5 2012, the Secretary shall submit to the appro6 priate committees of Congress a report that 

7 contains a description of the results of the 

8 study conducted under subparagraph (A). 

9 ‘‘(C) OPTIONAL UPDATES.—The Secretary 

10 may update the report described in subpara11 graph (B) for the 5-year period beginning on 

12 the date described in that subparagraph and 

13 each 5-year period thereafter.’’; 

14 (5) in subsection (e)— 

15 (A) in paragraph (2)— 

16 (i) in the second sentence of subpara17 graph (A), by inserting ‘‘to the Secretary 

18 for review’’ after ‘‘submit’’; and 

19 (ii) in the first sentence of subpara20 graph (B), by striking ‘‘Ultra-Deepwater’’ 

21 and all that follows through ‘‘and such Ad22 visory Committees’’ and inserting ‘‘Pro23 gram Advisory Committee established 

24 under section 999D(a), and the Advisory 

25 Committee’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA3 TIONS FOR IMPLEMENTATION.—The Secretary, in 

4 consultation with the Secretary of the Interior and 

5 the Administrator of the Environmental Protection 

6 Agency, shall publish in the Federal Register an an7 nual report on the research findings of the program 

8 carried out under this section and any recommenda9 tions for implementation that the Secretary, in con10 sultation with the Secretary of the Interior and the 

11 Administrator of the Environmental Protection 

12 Agency, determines to be necessary.’’; 

13 (6) in subsection (i)— 

14 (A) in the subsection heading, by striking 

15 ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and 

16 inserting ‘‘DEPARTMENT OF THE INTERIOR’’; 

17 and 

18 (B) by striking ‘‘, through the United 

19 States Geological Survey,’’; and 

20 (7) in the first sentence of subsection (j), by 

21 striking ‘‘National Energy Technology Laboratory’’ 

22 and inserting ‘‘Office of Fossil Energy of the De23 partment’’. 

24 (c) ADDITIONAL REQUIREMENTS FOR AWARDS.— 

25 Section 999C(b) of the Energy Policy Act of 2005 (42 


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1 U.S.C. 16373(b)) is amended by striking ‘‘an ultra-deep2 water technology or an ultra-deepwater architecture’’ and 

3 inserting ‘‘a deepwater technology’’. 

4 (d) PROGRAM ADVISORY COMMITTEE.—Section 

5 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) 

6 is amended to read as follows: 

7 ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. 

8 ‘‘(a) ESTABLISHMENT.—Not later than 270 days 

9 after the date of enactment of the Outer Continental Shelf 

10 Reform Act of 2010, the Secretary shall establish an advi11 sory committee to be known as the ‘Program Advisory 

12 Committee’ (referred to in this section as the ‘Advisory 

13 Committee’). 

14 ‘‘(b) MEMBERSHIP.— 

15 ‘‘(1) IN GENERAL.—The Advisory Committee 

16 shall be composed of members appointed by the Sec17 retary, including— 

18 ‘‘(A) individuals with extensive research 

19 experience or operational knowledge of hydro20 carbon exploration and production; 

21 ‘‘(B) individuals broadly representative of 

22 the affected interests in hydrocarbon produc23 tion, including interests in environmental pro24 tection and safety operations; 


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1 ‘‘(C) representatives of Federal agencies, 

2 including the Environmental Protection Agency 

3 and the Department of the Interior; 

4 ‘‘(D) State regulatory agency representa5 tives; and 

6 ‘‘(E) other individuals, as determined by 

7 the Secretary. 

8 ‘‘(2) LIMITATIONS.— 

9 ‘‘(A) IN GENERAL.—The Advisory Com10 mittee shall not include individuals who are 

11 board members, officers, or employees of the 

12 program consortium. 

13 ‘‘(B) CATEGORICAL REPRESENTATION.—In 

14 appointing members of the Advisory Committee, 

15 the Secretary shall ensure that no class of indi16 viduals described in any of subparagraphs (A), 

17 (B), (D), or (E) of paragraph (1) comprises 

more than 1 18 ⁄3 of the membership of the Advi19 sory Committee. 

20 ‘‘(c) SUBCOMMITTEES.—The Advisory Committee 

21 may establish subcommittees for separate research pro22 grams carried out under this subtitle. 

23 ‘‘(d) DUTIES.—The Advisory Committee shall— 


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1 ‘‘(1) advise the Secretary on the development 

2 and implementation of programs under this subtitle; 

3 and 

4 ‘‘(2) carry out section 999B(e)(2)(B). 

5 ‘‘(e) COMPENSATION.—A member of the Advisory 

6 Committee shall serve without compensation but shall be 

7 entitled to receive travel expenses in accordance with sub8 chapter I of chapter 57 of title 5, United States Code. 

9 ‘‘(f) PROHIBITION.—The Advisory Committee shall 

10 not make recommendations on funding awards to par11 ticular consortia or other entities, or for specific 

12 projects.’’. 

13 (e) DEFINITIONS.—Section 999G of the Energy Pol14 icy Act of 2005 (42 U.S.C. 16377) is amended— 

15 (1) in paragraph (1), by striking ‘‘200 but less 

16 than 1,500 meters’’ and inserting ‘‘500 feet’’; 

17 (2) by striking paragraphs (8), (9), and (10); 

18 (3) by redesignating paragraphs (2) through 

19 (7) and (11) as paragraphs (4) through (9) and 

20 (10), respectively; 

21 (4) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) DEEPWATER ARCHITECTURE.—The term 

24 ‘deepwater architecture’ means the integration of 

25 technologies for the exploration for, or production of, 


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1 natural gas or other petroleum resources located at 

2 deepwater depths. 

3 ‘‘(3) DEEPWATER TECHNOLOGY.—The term 

4 ‘deepwater technology’ means a discrete technology 

5 that is specially suited to address 1 or more chal6 lenges associated with the exploration for, or produc7 tion of, natural gas or other petroleum resources lo8 cated at deepwater depths.’’; and 

9 (5) in paragraph (10) (as redesignated by para10 graph (3)), by striking ‘‘in an economically inacces11 sible geological formation, including resources of 

12 small producers’’. 

13 (f) FUNDING.—Section 999H of the Energy Policy 

14 Act of 2005 (42 U.S.C. 16378) is amended— 

15 (1) in the first sentence of subsection (a) by 

16 striking ‘‘Ultra-Deepwater and Unconventional Nat17 ural Gas and Other Petroleum Research Fund’’ and 

18 inserting ‘‘Safe and Responsible Energy Production 

19 Research Fund’’; 

20 (2) in subsection (d)— 

21 (A) in paragraph (1), by striking ‘‘35 per22 cent’’ and inserting ‘‘21.5 percent’’; 

23 (B) in paragraph (2), by striking ‘‘32.5 

24 percent’’ and inserting ‘‘21 percent’’; 

25 (C) in paragraph (4)— 


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1 (i) by striking ‘‘25 percent’’ and in2 serting ‘‘30 percent’’; 

3 (ii) by striking ‘‘complementary re4 search’’ and inserting ‘‘safety technology 

5 research and development’’; and 

6 (iii) by striking ‘‘contract manage7 ment,’’ and all that follows through the pe8 riod at the end and inserting ‘‘and contract 

9 management.’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(5) 20 percent shall be used for research ac12 tivities required under sections 20 and 21 of the 

13 Outer Continental Shelf Lands Act (43 U.S.C. 1346, 

14 1347).’’. 

15 (3) in subsection (f), by striking ‘‘Ultra-Deep16 water and Unconventional Natural Gas and Other 

17 Petroleum Research Fund’’ and inserting ‘‘Safer Oil 

18 and Gas Production and Accident Prevention Re19 search Fund’’. 

20 (g) CONFORMING AMENDMENT.—Subtitle J of title 

21 IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 

22 et seq.) is amended in the subtitle heading by striking 

23 ‘‘Ultra-Deepwater and Unconventional Nat24 ural Gas and Other Petroleum Resources’’ and 


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1 inserting ‘‘Safer Oil and Gas Production and Ac2 cident Prevention’’. 

3 SEC. 310. NATIONAL COMMISSION ON OUTER CONTI4 NENTAL SHELF OIL SPILL PREVENTION. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Legislative branch the National Commission on Outer 

7 Continental Shelf Oil Spill Prevention (referred to in this 

8 section as the ‘‘Commission’’). 

9 (b) PURPOSES.—The purposes of the Commission 

10 are— 

11 (1) to examine and report on the facts and 

12 causes relating to the Deepwater Horizon explosion 

13 and oil spill of 2010; 

14 (2) to ascertain, evaluate, and report on the evi15 dence developed by all relevant governmental agen16 cies regarding the facts and circumstances sur17 rounding the incident; 

18 (3) to build upon the investigations of other en19 tities, and avoid unnecessary duplication, by review20 ing the findings, conclusions, and recommendations 

21 of— 

22 (A) the Committees on Energy and Nat23 ural Resources and Commerce, Science, and 

24 Transportation of the Senate; 


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1 (B) the Committee on Natural Resources 

2 and the Subcommittee on Oversight and Inves3 tigations of the House of Representatives; and 

4 (C) other Executive branch, congressional, 

5 or independent commission investigations into 

6 the Deepwater Horizon incident of 2010, other 

7 fatal oil platform accidents and major spills, 

8 and major oil spills generally; 

9 (4) to make a full and complete accounting of 

10 the circumstances surrounding the incident, and the 

11 extent of the preparedness of the United States for, 

12 and immediate response of the United States to, the 

13 incident; and 

14 (5) to investigate and report to the President 

15 and Congress findings, conclusions, and rec16 ommendations for corrective measures that may be 

17 taken to prevent similar incidents. 

18 (c) COMPOSITION OF COMMISSION.— 

19 (1) MEMBERS.—The Commission shall be com20 posed of 10 members, of whom— 

21 (A) 1 member shall be appointed by the 

22 President, who shall serve as Chairperson of the 

23 Commission; 

24 (B) 1 member shall be appointed by the 

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1 er of the Senate from the Republican Party and 

2 the majority or minority (as the case may be) 

3 leader of the House of Representatives from the 

4 Republican Party, who shall serve as Vice 

5 Chairperson of the Commission; 

6 (C) 2 members shall be appointed by the 

7 senior member of the leadership of the Senate 

8 from the Democratic Party; 

9 (D) 2 members shall be appointed by the 

10 senior member of the leadership of the House 

11 of Representatives from the Republican Party; 

12 (E) 2 members shall be appointed by the 

13 senior member of the leadership of the Senate 

14 from the Republican Party; and 

15 (F) 2 members shall be appointed by the 

16 senior member of the leadership of the House 

17 of Representatives from the Democratic Party. 

18 (2) QUALIFICATIONS; INITIAL MEETING.— 

19 (A) POLITICAL PARTY AFFILIATION.—Not 

20 more than 5 members of the Commission shall 

21 be from the same political party. 

22 (B) NONGOVERNMENTAL APPOINTEES.— 

23 An individual appointed to the Commission may 

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1 eral Government or any State or local govern2 ment. 

3 (C) OTHER QUALIFICATIONS.—It is the 

4 sense of Congress that individuals appointed to 

5 the Commission should be prominent United 

6 States citizens, with national recognition and 

7 significant depth of experience and expertise in 

8 such areas as— 

9 (i) engineering; 

10 (ii) environmental compliance; 

11 (iii) health and safety law (particu12 larly oil spill legislation); 

13 (iv) oil spill insurance policies; 

14 (v) public administration; 

15 (vi) oil and gas exploration and pro16 duction; 

17 (vii) environmental cleanup; and 

18 (viii) fisheries and wildlife manage19 ment. 

20 (D) DEADLINE FOR APPOINTMENT.—All 

21 members of the Commission shall be appointed 

22 on or before September 15, 2010. 

23 (E) INITIAL MEETING.—The Commission 

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1 mission as soon as practicable after the date of 

2 enactment of this Act. 

3 (3) QUORUM; VACANCIES.— 

4 (A) IN GENERAL.—After the initial meet5 ing of the Commission, the Commission shall 

6 meet upon the call of the Chairperson or a ma7 jority of the members of the Commission. 

8 (B) QUORUM.—6 members of the Commis9 sion shall constitute a quorum. 

10 (C) VACANCIES.—Any vacancy in the Com11 mission shall not affect the powers of the Com12 mission, but shall be filled in the same manner 

13 in which the original appointment was made. 

14 (d) FUNCTIONS OF COMMISSION.— 

15 (1) IN GENERAL.—The functions of the Com16 mission are— 

17 (A) to conduct an investigation that— 

18 (i) investigates relevant facts and cir19 cumstances relating to the Deepwater Ho20 rizon incident of April 20, 2010, and the 

21 associated oil spill thereafter, including any 

22 relevant legislation, Executive order, regu23 lation, plan, policy, practice, or procedure; 

24 and 


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1 (ii) may include relevant facts and cir2 cumstances relating to— 

3 (I) permitting agencies; 

4 (II) environmental and worker 

5 safety law enforcement agencies; 

6 (III) national energy require7 ments; 

8 (IV) deepwater and 

9 ultradeepwater oil and gas exploration 

10 and development; 

11 (V) regulatory specifications, 

12 testing, and requirements for offshore 

13 oil and gas well explosion prevention; 

14 (VI) regulatory specifications, 

15 testing, and requirements offshore oil 

16 and gas well casing and cementing 

17 regulation; 

18 (VII) the role of congressional 

19 oversight and resource allocation; and 

20 (VIII) other areas of the public 

21 and private sectors determined to be 

22 relevant to the Deepwater Horizon in23 cident by the Commission; 

24 (B) to identify, review, and evaluate the 

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1 cident of April 20, 2010, regarding the struc2 ture, coordination, management policies, and 

3 procedures of the Federal Government, and, if 

4 appropriate, State and local governments and 

5 nongovernmental entities, and the private sec6 tor, relative to detecting, preventing, and re7 sponding to those incidents; and 

8 (C) to submit to the President and Con9 gress such reports as are required under this 

10 section containing such findings, conclusions, 

11 and recommendations as the Commission deter12 mines to be appropriate, including proposals for 

13 organization, coordination, planning, manage14 ment arrangements, procedures, rules, and reg15 ulations. 

16 (2) RELATIONSHIP TO INQUIRY BY CONGRES17 SIONAL COMMITTEES.—In investigating facts and 

18 circumstances relating to energy policy, the Commis19 sion shall— 

20 (A) first review the information compiled 

21 by, and any findings, conclusions, and rec22 ommendations of, the committees identified in 

23 subparagraphs (A) and (B) of subsection 

24 (b)(3); and 


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1 (B) after completion of that review, pursue 

2 any appropriate area of inquiry, if the Commis3 sion determines that— 

4 (i) those committees have not inves5 tigated that area; 

6 (ii) the investigation of that area by 

7 those committees has not been completed; 

8 or 

9 (iii) new information not reviewed by 

10 the committees has become available with 

11 respect to that area. 

12 (e) POWERS OF COMMISSION.— 

13 (1) HEARINGS AND EVIDENCE.—The Commis14 sion or, on the authority of the Commission, any 

15 subcommittee or member of the Commission, may, 

16 for the purpose of carrying out this section— 

17 (A) hold such hearings, meet and act at 

18 such times and places, take such testimony, re19 ceive such evidence, and administer such oaths; 

20 and 

21 (B) require, by subpoena or otherwise, the 

22 attendance and testimony of such witnesses and 

23 the production of such books, records, cor24 respondence, memoranda, papers, documents, 

25 tapes, and materials; 


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1 as the Commission or such subcommittee or member con2 siders to be advisable. 

3 (2) SUBPOENAS.— 

4 (A) ISSUANCE.— 

5 (i) IN GENERAL.—A subpoena may be 

6 issued under this paragraph only— 

7 (I) by the agreement of the 

8 Chairperson and the Vice Chair9 person; or 

10 (II) by the affirmative vote of 6 

11 members of the Commission. 

12 (ii) SIGNATURE.—Subject to clause 

13 (i), a subpoena issued under this para14 graph— 

15 (I) shall bear the signature of the 

16 Chairperson or any member des17 ignated by a majority of the Commis18 sion; 

19 (II) and may be served by any 

20 person or class of persons designated 

21 by the Chairperson or by a member 

22 designated by a majority of the Com23 mission for that purpose. 

24 (B) ENFORCEMENT.— 


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1 (i) IN GENERAL.—In the case of con2 tumacy or failure to obey a subpoena 

3 issued under subparagraph (A), the United 

4 States district court for the district in 

5 which the subpoenaed person resides, is 

6 served, or may be found, or where the sub7 poena is returnable, may issue an order re8 quiring the person to appear at any des9 ignated place to testify or to produce docu10 mentary or other evidence. 

11 (ii) JUDICIAL ACTION FOR NON12 COMPLIANCE.—Any failure to obey the 

13 order of the court may be punished by the 

14 court as a contempt of that court. 

15 (iii) ADDITIONAL ENFORCEMENT.—In 

16 the case of any failure of any witness to 

17 comply with any subpoena or to testify 

18 when summoned under authority of this 

19 subsection, the Commission may, by major20 ity vote, certify a statement of fact consti21 tuting such failure to the appropriate 

22 United States attorney, who may bring the 

23 matter before the grand jury for action, 

24 under the same statutory authority and 

25 procedures as if the United States attorney 


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1 had received a certification under sections 

2 102 through 104 of the Revised Statutes 

3 (2 U.S.C. 192 through 194). 

4 (3) CONTRACTING.—The Commission may, to 

5 such extent and in such amounts as are provided in 

6 appropriation Acts, enter into contracts to enable 

7 the Commission to discharge the duties of the Com8 mission under this section. 

9 (4) INFORMATION FROM FEDERAL AGENCIES.— 

10 (A) IN GENERAL.—The Commission may 

11 secure directly from any Executive department, 

12 bureau, agency, board, commission, office, inde13 pendent establishment, or instrumentality of the 

14 Federal Government, information, suggestions, 

15 estimates, and statistics for the purposes of this 

16 section. 

17 (B) COOPERATION.—Each Federal depart18 ment, bureau, agency, board, commission, of19 fice, independent establishment, or instrumen20 tality shall, to the extent authorized by law, fur21 nish information, suggestions, estimates, and 

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1 ity of the Commission, or any member des2 ignated by a majority of the Commission. 

3 (C) RECEIPT, HANDLING, STORAGE, AND

4 DISSEMINATION.—Information shall be received, 

5 handled, stored, and disseminated only by mem6 bers of the Commission and the staff of the 

7 Commission in accordance with all applicable 

8 laws (including regulations and Executive or9 ders). 

10 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

11 (A) GENERAL SERVICES ADMINISTRA12 TION.—The Administrator of General Services 

13 shall provide to the Commission on a reimburs14 able basis administrative support and other 

15 services for the performance of the functions of 

16 the Commission. 

17 (B) OTHER DEPARTMENTS AND AGEN18 CIES.—In addition to the assistance prescribed 

19 in subparagraph (A), departments and agencies 

20 of the United States may provide to the Com21 mission such services, funds, facilities, staff, 

22 and other support services as are determined to 

23 be advisable and authorized by law. 

24 (6) GIFTS.—The Commission may accept, use, 

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1 erty, including travel, for the direct advancement of 

2 the functions of the Commission. 

3 (7) POSTAL SERVICES.—The Commission may 

4 use the United States mails in the same manner and 

5 under the same conditions as departments and agen6 cies of the United States. 

7 (f) PUBLIC MEETINGS AND HEARINGS.— 

8 (1) PUBLIC MEETINGS AND RELEASE OF PUB9 LIC VERSIONS OF REPORTS.—The Commission 

10 shall— 

11 (A) hold public hearings and meetings, to 

12 the extent appropriate; and 

13 (B) release public versions of the reports 

14 required under paragraphs (1) and (2) of sub15 section (j). 

16 (2) PUBLIC HEARINGS.—Any public hearings of 

17 the Commission shall be conducted in a manner con18 sistent with the protection of proprietary or sensitive 

19 information provided to or developed for or by the 

20 Commission as required by any applicable law (in21 cluding a regulation or Executive order). 

22 (g) STAFF OF COMMISSION.— 

23 (1) IN GENERAL.— 

24 (A) APPOINTMENT AND COMPENSATION.— 


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1 (i) IN GENERAL.—The Chairperson, 

2 in consultation with the Vice Chairperson 

3 and in accordance with rules agreed upon 

4 by the Commission, may, without regard to 

5 the civil service laws (including regula6 tions), appoint and fix the compensation of 

7 a staff director and such other personnel 

8 as are necessary to enable the Commission 

9 to carry out the functions of the Commis10 sion. 

11 (ii) MAXIMUM RATE OF PAY.—No rate 

12 of pay fixed under this subparagraph may 

13 exceed the equivalent of that payable for a 

14 position at level V of the Executive Sched15 ule under section 5316 of title 5, United 

16 States Code. 

17 (B) PERSONNEL AS FEDERAL EMPLOY18 EES.— 

19 (i) IN GENERAL.—The staff director 

20 and any personnel of the Commission who 

21 are employees shall be considered to be 

22 employees under section 2105 of title 5, 

23 United States Code, for purposes of chap24 ters 63, 81, 83, 84, 85, 87, 89, and 90 of 

25 that title. 


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1 (ii) MEMBERS OF COMMISSION.— 

2 Clause (i) shall not apply to members of 

3 the Commission. 

4 (2) DETAILEES.— 

5 (A) IN GENERAL.—An employee of the 

6 Federal Government may be detailed to the 

7 Commission without reimbursement. 

8 (B) CIVIL SERVICE STATUS.—The detail of 

9 the employee shall be without interruption or 

10 loss of civil service status or privilege. 

11 (3) PROCUREMENT OF TEMPORARY AND INTER12 MITTENT SERVICES.—The Chairperson of the Com13 mission may procure temporary and intermittent 

14 services in accordance with section 3109(b) of title 

15 5, United States Code, at rates for individuals that 

16 do not exceed the daily equivalent of the annual rate 

17 of basic pay prescribed for level V of the Executive 

18 Schedule under section 5316 of that title. 

19 (h) COMPENSATION AND TRAVEL EXPENSES.— 

20 (1) COMPENSATION OF MEMBERS.— 

21 (A) NON-FEDERAL EMPLOYEES.—A mem22 ber of the Commission who is not an officer or 

23 employee of the Federal Government shall be 

24 compensated at a rate equal to the daily equiva25 lent of the annual rate of basic pay prescribed 


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1 for level IV of the Executive Schedule under 

2 section 5315 of title 5, United States Code, for 

3 each day (including travel time) during which 

4 the member is engaged in the performance of 

5 the duties of the Commission. 

6 (B) FEDERAL EMPLOYEES.—A member of 

7 the Commission who is an officer or employee 

8 of the Federal Government shall serve without 

9 compensation in addition to the compensation 

10 received for the services of the member as an 

11 officer or employee of the Federal Government. 

12 (2) TRAVEL EXPENSES.—A member of the 

13 Commission shall be allowed travel expenses, includ14 ing per diem in lieu of subsistence, at rates author15 ized for an employee of an agency under subchapter 

16 I of chapter 57 of title 5, United States Code, while 

17 away from the home or regular place of business of 

18 the member in the performance of the duties of the 

19 Commission. 

20 (i) SECURITY CLEARANCES FOR COMMISSION MEM21 BERS AND STAFF.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the appropriate Federal agencies or departments 

24 shall cooperate with the Commission in expeditiously 

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1 sion appropriate security clearances, to the max2 imum extent practicable, pursuant to existing proce3 dures and requirements. 

4 (2) PROPRIETARY INFORMATION.—No person 

5 shall be provided with access to proprietary informa6 tion under this section without the appropriate secu7 rity clearances. 

8 (j) REPORTS OF COMMISSION; ADJOURNMENT.— 

9 (1) INTERIM REPORTS.—The Commission may 

10 submit to the President and Congress interim re11 ports containing such findings, conclusions, and rec12 ommendations for corrective measures as have been 

13 agreed to by a majority of members of the Commis14 sion. 

15 (2) FINAL REPORT.—Not later than 180 days 

16 after the date of the enactment of this Act, the 

17 Commission shall submit to the President and Con18 gress a final report containing such findings, conclu19 sions, and recommendations for corrective measures 

20 as have been agreed to by a majority of members of 

21 the Commission. 

22 (3) TEMPORARY ADJOURNMENT.— 

23 (A) IN GENERAL.—The Commission, and 

24 all the authority provided under this section, 

25 shall adjourn and be suspended, respectively, on 


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1 the date that is 60 days after the date on which 

2 the final report is submitted under paragraph 

3 (2). 

4 (B) ADMINISTRATIVE ACTIVITIES BEFORE

5 TERMINATION.—The Commission may use the 

6 60-day period referred to in subparagraph (A) 

7 for the purpose of concluding activities of the 

8 Commission, including— 

9 (i) providing testimony to committees 

10 of Congress concerning reports of the 

11 Commission; and 

12 (ii) disseminating the final report sub13 mitted under paragraph (2). 

14 (C) RECONVENING OF COMMISSION.—The 

15 Commission shall stand adjourned until such 

16 time as the President or the Secretary of 

17 Homeland Security declares an oil spill of na18 tional significance to have occurred, at which 

19 time— 

20 (i) the Commission shall reconvene in 

21 accordance with subsection (c)(3); and 

22 (ii) the authority of the Commission 

23 under this section shall be of full force and 

24 effect. 

25 (k) FUNDING.— 


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1 (1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this section— 

4 (A) $10,000,000 for the first fiscal year in 

5 which the Commission convenes; and 

6 (B) $3,000,000 for each fiscal year there7 after in which the Commission convenes. 

8 (2) AVAILABILITY.—Amounts made available to 

9 carry out this section shall be available— 

10 (A) for transfer to the Commission for use 

11 in carrying out the functions and activities of 

12 the Commission under this section; and 

13 (B) until the date on which the Commis14 sion adjourns for the fiscal year under sub15 section (j)(3). 

16 (l) NONAPPLICABILITY OF FEDERAL ADVISORY COM17 MITTEE ACT.—The Federal Advisory Committee Act (5 

18 U.S.C. App.) shall not apply to the Commission. 

19 SEC. 311. SAVINGS PROVISIONS. 

20 (a) EXISTING LAW.—All regulations, rules, stand21 ards, determinations, contracts and agreements, memo22 randa of understanding, certifications, authorizations, ap23 pointments, delegations, results and findings of investiga24 tions, or any other actions issued, made, or taken by, or 

25 pursuant to or under, the authority of any law (including 


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1 regulations) that resulted in the assignment of functions 

2 or activities to the Secretary, the Director of the Minerals 

3 Management Service (including by delegation from the 

4 Secretary), or the Department (as related to the imple5 mentation of the purposes referenced in this title) that 

6 were in effect on the date of enactment of this Act shall 

7 continue in full force and effect after the date of enact8 ment of this Act unless previously scheduled to expire or 

9 until otherwise modified or rescinded by this title or any 

10 other Act. 

11 (b) EFFECT ON OTHER AUTHORITIES.—This title 

12 does not amend or alter the provisions of other applicable 

13 laws, unless otherwise noted. 

14 TITLE IV—ENVIRONMENTAL 

15 CRIMES ENFORCEMENT 

16 SEC. 401. SHORT TITLE. 

17 This title may be cited as the ‘‘Environmental Crimes 

18 Enforcement Act of 2010’’. 

19 SEC. 402. ENVIRONMENTAL CRIMES. 

20 (a) SENTENCING GUIDELINES.— 

21 (1) DIRECTIVE.—Pursuant to its authority 

22 under section 994 of title 28, United States Code, 

23 and in accordance with this subsection, the United 

24 States Sentencing Commission shall review and 

25 amend the Federal Sentencing Guidelines and policy 


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1 statements applicable to persons convicted of of2 fenses under the Federal Water Pollution Control 

3 Act (33 U.S.C. 1251 et seq.), in order to reflect the 

4 intent of Congress that penalties for the offenses be 

5 increased in comparison to those provided on the 

6 date of enactment of this Act under the guidelines 

7 and policy statements, and appropriately account for 

8 the actual harm to the public and the environment 

9 from the offenses. 

10 (2) REQUIREMENTS.—In amending the Federal 

11 Sentencing Guidelines and policy statements under 

12 paragraph (1), the United States Sentencing Com13 mission shall— 

14 (A) ensure that the guidelines and policy 

15 statements, including section 2Q1.2 of the Fed16 eral Sentencing Guidelines (and any successor 

17 thereto), reflect— 

18 (i) the serious nature of the offenses 

19 described in paragraph (1); 

20 (ii) the need for an effective deterrent 

21 and appropriate punishment to prevent the 

22 offenses; and 

23 (iii) the effectiveness of incarceration 

24 in furthering the objectives described in 

25 clauses (i) and (ii); 


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1 (B) consider the extent to which the guide2 lines appropriately account for the actual harm 

3 to public and the environment resulting from 

4 the offenses; 

5 (C) ensure reasonable consistency with 

6 other relevant directives and guidelines and 

7 Federal statutes; 

8 (D) make any necessary conforming 

9 changes to guidelines; and 

10 (E) ensure that the guidelines relating to 

11 offenses under the Federal Water Pollution 

12 Control Act (33 U.S.C. 1251 et seq.) ade13 quately meet the purposes of sentencing, as set 

14 forth in section 3553(a)(2) of title 18, United 

15 States Code. 

16 (b) RESTITUTION.—Section 3663A(c)(1) of title 18, 

17 United States Code, is amended— 

18 (1) in clause (ii), by striking ‘‘or’’ at the end; 

19 (2) in clause (iii), by striking ‘‘and’’ at the end 

20 and inserting ‘‘or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(iv) an offense under section 309(c) of 

23 the Federal Water Pollution Control Act (33 

24 U.S.C. 1319(c)); and’’. 


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1 TITLE V—FAIRNESS IN 

2 ADMIRALTY AND MARITIME LAW 

3 SEC. 501. SHORT TITLE. 

4 This title may be cited as the ‘‘Fairness in Admiralty 

5 and Maritime Law Act’’. 

6 SEC. 502. REPEAL OF LIMITATION OF SHIPOWNERS’ LIABIL7 ITY ACT OF 1851. 

8 (a) IN GENERAL.—Chapter 305 of title 46, United 

9 States Code, is amended as follows: 

10 (1) Subsection (a) of section 30505 is amended 

11 to read as follows: 

12 ‘‘(a) IN GENERAL.—Except as provided in section 

13 30506 of this title, the liability of the owner of a vessel 

14 for any claim, debt, or liability described in subsection (b) 

15 shall not exceed three times the value of the vessel and 

16 pending freight. If the vessel has more than one owner, 

17 the proportionate share of the liability of any one owner 

18 shall not exceed that owner’s proportionate interest in the 

19 vessel and pending freight.’’. 

20 (2) Subsection (c) of section 30505 is amended 

21 to read as follows: 

22 ‘‘(c) CLAIMS NOT SUBJECT TO LIMITATION.—Sub23 section (a) does not apply— 

24 ‘‘(1) to a claim for wages; or 


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1 ‘‘(2) to a claim resulting from a discharge of oil 

2 from a vessel or offshore facility, as those terms are 

3 defined in section 1001 of the Oil Pollution Act of 

4 1990 (33 U.S.C. 2701).’’. 

5 (3) Subsection (c) of section 30511 is amended 

6 to read as follows: 

7 ‘‘(c) CESSATION OF OTHER ACTIONS.—At the time 

8 that an action is brought under this section and the owner 

9 has complied with subsection (b), all claims and pro10 ceedings against the owner related to the matter in ques11 tion which are subject to limitation under section 30505 

12 shall cease.’’. 

13 SEC. 503. ASSESSMENT OF PUNITIVE DAMAGES IN MARI14 TIME LAW. 

15 (a) IN GENERAL.—Chapter 301 of title 46, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 30107. Punitive damages 

19 ‘‘In a civil action for damages arising out of a mari20 time tort, punitive damages may be assessed without re21 gard to the amount of compensatory damages assessed in 

22 the action.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 for chapter 301 of title 46, United States Code, is amend25 ed by adding at the end the following: 

‘‘30107. Punitive damages.’’. 


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

2 ACT. 

3 (a) IN GENERAL.—Chapter 303 of title 46, United 

4 States Code, is amended— 

5 (1) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

6 section 30302; 

7 (2) by inserting ‘‘and nonpecuniary loss’’ after 

8 ‘‘pecuniary loss’’ in section 30303; 

9 (3) by striking ‘‘sustained by’’ and all that fol10 lows in section 30303 and inserting ‘‘sustained, plus 

11 a fair compensation for the decedent’s pain and suf12 fering. In this section, the term ‘nonpecuniary loss’ 

13 means the loss of care, comfort, and companion14 ship.’’; 

15 (4) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

16 section 30305; and 

17 (5) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

18 section 30306. 

19 (b) AVIATION ACCIDENTS.— 

20 (1) IN GENERAL.—Section 30307 of title 46, 

21 United States Code, is amended— 

22 (A) by striking subsection (a) and insert23 ing the following: 

24 ‘‘(a) DEFINITIONS.— 

25 ‘‘(1) COMMERCIAL AVIATION; GENERAL AVIA26 TION.—The terms ‘commercial aviation’ and ‘general 


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1 aviation’ have the same meaning as those terms, re2 spectively, as used in subtitle VII of title 49, United 

3 States Code. 

4 ‘‘(2) NONPECUNIARY DAMAGES.—The term 

5 ‘nonpecuniary damages’ means damages for loss of 

6 care, comfort, and companionship.’’; 

7 (B) by inserting ‘‘or general aviation’’ 

8 after ‘‘commercial aviation’’ in subsections (b) 

9 and (c); and 

10 (C) by adding at the end thereof the fol11 lowing: 

12 ‘‘(d) PROCEDURE.—Notwithstanding sections 30302, 

13 30305, and 30306, an action to which this section applies 

14 may be brought in admiralty and may not be brought in 

15 law.’’. 

16 (2) CONFORMING AMENDMENTS.— 

17 (A) SECTION HEADING.—Section 30307 of 

18 title 46, United States Code, is amended by 

19 striking the section heading and inserting 

20 ‘‘Aviation accidents’’. 

21 (B) CLERICAL AMENDMENT.—The table of 

22 contents for chapter 303 of title 46, United 

23 States Code, is amended by striking the item 

24 relating to section 30307 and inserting the fol25 lowing: 

‘‘30307. Aviation accidents.’’. 


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1 (c) APPLICATION TO FISHING VESSELS.— 

2 (1) IN GENERAL.—None of the amendments 

3 made by this section shall apply with respect to a 

4 fishing vessel. 

5 (2) FISHING VESSEL DEFINED.—In this sub6 section, the term ‘‘fishing vessel’’ means— 

7 (A) a vessel, boat, ship, or other watercraft 

8 that is used for, equipped to be used for, or of 

9 a type normally used for— 

10 (i) charter fishing (as defined in sec11 tion 3(3) of the Magnuson-Stevens Fishery 

12 Conservation and Management Act (16 

13 U.S.C. 1802(3))); 

14 (ii) commercial fishing (as defined in 

15 section 3(4) of such Act (16 U.S.C. 

16 1802(4))); or 

17 (iii) aiding or assisting one or more 

18 vessels at sea in the performance of any 

19 activity relating to commercial fishing (as 

20 so defined), including preparation, supply, 

21 storage, refrigeration, transportation, or 

22 processing; but 

23 (B) does not include a passenger vessel (as 

24 defined in section 2101(22) of title 46, United 

25 States Code). 


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1 SEC. 505. EFFECTIVE DATE. 

2 This title and the amendments made by this title 

3 shall apply to— 

4 (1) causes of action and claims arising after 

5 April 19, 2010; and 

6 (2) actions commenced before the date of enact7 ment of this Act that have not been finally adju8 dicated, including appellate review, as of that date. 

9 TITLE VI—SECURING HEALTH 

10 FOR OCEAN RESOURCES AND 

11 ENVIRONMENT (SHORE) 

12 SEC. 601. SHORT TITLE. 

13 This title may be cited as the ‘‘Securing Health for 

14 Ocean Resources and Environment Act’’ or the ‘‘SHORE 

15 Act’’. 

16 Subtitle A—National Oceanic and 

17 Atmospheric Administration Oil 

18 Spill Response, Containment, 

19 and Prevention 

20 SEC. 611. IMPROVEMENTS TO NATIONAL OCEANIC AND AT21 MOSPHERIC ADMINISTRATION OIL SPILL RE22 SPONSE, CONTAINMENT, AND PREVENTION. 

23 (a) REVIEW OF ABILITY OF NATIONAL OCEANIC AND

24 ATMOSPHERIC ADMINISTRATION TO RESPOND TO OIL

25 SPILLS.— 


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1 (1) COMPREHENSIVE REVIEW REQUIRED.—Not 

2 later than 1 year after the date of the enactment of 

3 this Act, the Under Secretary for Oceans and At4 mosphere shall conduct a comprehensive review of 

5 the current capacity of the National Oceanic and At6 mospheric Administration to respond to oil spills. 

7 (2) ELEMENTS.—The review conducted under 

8 paragraph (1) shall include the following: 

9 (A) A comparison of oil spill modeling re10 quirements with the state-of-the-art oil spill 

11 modeling with respect to near shore and off12 shore areas. 

13 (B) Development of recommendations on 

14 priorities for improving forecasting of oil spill, 

15 trajectories, and impacts. 

16 (C) An inventory of the products and tools 

17 of the National Oceanic and Atmospheric Ad18 ministration that can aid in assessment of the 

19 potential risk and impacts of oil spills. Such 

20 products and tools may include environmental 

21 sensitivity index maps, the United States Inte22 grated Ocean Observing System, and regional 

23 information coordinating entities established as 

24 part of such System, and oil spill trajectory 

25 models. 


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1 (D) An identification of the baseline ocean2 ographic and climate data required to support 

3 state of the art modeling. 

4 (E) An assessment of the Administration’s 

5 ability to respond to the effects of an oil spill 

6 on its trust resources, including— 

7 (i) marine sanctuaries, monuments, 

8 and other protected areas; 

9 (ii) marine mammals, sea turtles, and 

10 other protected species, and efforts to re11 habilitate such species. 

12 (3) REPORT.—Upon completion of the review 

13 required by paragraph (1), the Under Secretary 

14 shall submit to Congress a report on such review, in15 cluding the findings of the Under Secretary with re16 spect to such review. 

17 (b) OIL SPILL TRAJECTORY MODELING.— 

18 (1) IN GENERAL.—The Under Secretary for 

19 Oceans and Atmosphere and the Secretary of the In20 terior shall be responsible for developing and main21 taining oil spill trajectory modeling capabilities to 

22 aid oil spill response and natural resource damage 

23 assessment, including taking such actions as may be 

24 required by subsections (c) through (g). 


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1 (2) REAL-TIME TRAJECTORY MODELING.—The 

2 Under Secretary shall have primary responsibility 

3 for real-time trajectory modeling. 

4 (3) LONG-TERM TRAJECTORY MODELING.—The 

5 Secretary of the Interior shall have primary respon6 sibility for long-term trajectory modeling. 

7 (4) COORDINATION WITH NATIONAL LABORA8 TORIES.—In carrying out this subsection, the Under 

9 Secretary and the Secretary of the Interior shall co10 ordinate with National Laboratories with established 

11 oil spill modeling expertise. 

12 (c) ENVIRONMENTAL SENSITIVITY INDEX.— 

13 (1) UPDATE.—Beginning not later than 180 

14 days after the date of the enactment of this Act and 

15 not less frequently than once every 7 years there16 after, the Under Secretary shall update the environ17 mental sensitivity index products of the National 

18 Oceanic and Atmospheric Administration for each 

19 coastal area of the United States and for each off20 shore area of the United States that is leased or 

21 under consideration for leasing for offshore energy 

22 production. 

23 (2) EXPANDED COVERAGE.—Not later than 270 

24 days after the date of the enactment of this Act, the 

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1 ticable, create an environmental sensitivity index 

2 product for each area described in paragraph (1) for 

3 which the National Oceanic and Atmospheric Ad4 ministration did not have an environmental sensi5 tivity index product on the day before the date of 

6 the enactment of this Act. 

7 (3) ENVIRONMENTAL SENSITIVITY INDEX

8 PRODUCT DEFINED.—In this subsection, the term 

9 ‘‘environmental sensitivity index product’’ means a 

10 map or similar tool that is utilized to identify sen11 sitive shoreline, coastal or offshore, resources prior 

12 to an oil spill event in order to set baseline priorities 

13 for protection and plan cleanup strategies, typically 

14 including information relating to shoreline type, bio15 logical resources, and human use resources. 

16 (4) RELATIONSHIP TO OTHER LAWS.—Nothing 

17 in this subsection shall be construed to alter or limit 

18 the authority or responsibility of the Secretary of the 

19 Interior provided by this or any other Act. 

20 (d) SUBSEA HYDROCARBON REVIEW AND PRO21 GRAM.— 

22 (1) REVIEW REQUIRED.—Not later than 180 

23 days after the date of the enactment of this Act, the 

24 Under Secretary shall, in consultation with the Ad25 ministrator of the Environmental Protection Agency 


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1 and the Secretary of the Interior, conduct a com2 prehensive review of the current state of the Na3 tional Oceanic and Atmospheric Administration to 

4 observe, monitor, map, and track subsea hydro5 carbons, including a review of the effect of subsea 

6 hydrocarbons and dispersants at varying concentra7 tions on living marine resources. 

8 (2) ELEMENTS OF REVIEW.—The review con9 ducted under paragraph (1) shall include the fol10 lowing: 

11 (A) A review of protocol for the application 

12 of dispersants that contemplates the variables 

13 of temperature, pressure, and depth of the site 

14 of release of hydrocarbons. 

15 (B) A review of technological capabilities 

16 to detect the presence of subsea hydrocarbons 

17 at various concentrations and at various depths 

18 within a water column resulting from releases 

19 of oil and natural gas after a spill. 

20 (C) A review of technological capabilities 

21 for expeditiously identifying the source 

22 (‘‘fingerprinting’’) of subsea hydrocarbons. 

23 (D) A review of coastal and ocean current 

24 modeling as it relates to predicting the trajec25 tory of oil and natural gas. 


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1 (E) A review of the effect of varying con2 centrations of hydrocarbons on all levels of the 

3 food web, including evaluations of seafood safe4 ty, toxicity to individuals, negative impacts to 

5 reproduction, bioaccumulation, growth, and 

6 such other matters as the Under Secretary and 

7 the Administrator think appropriate. 

8 (F) Development of recommendations on 

9 priorities for improving forecasting of move10 ment of subsea hydrocarbon. 

11 (G) Development of recommendations for 

12 implementation of a Subsea Hydrocarbon Moni13 toring and Assessment program within the Of14 fice of Response and Restoration. 

15 (3) PROGRAM REQUIRED.—Not later than 1 

16 year after the date of the enactment of this Act, the 

17 Under Secretary shall, in consultation with the Ad18 ministrator of the Environmental Protection Agency 

19 and the Secretary of Interior, establish a hydro20 carbon monitoring and assessment program that is 

21 based on the recommendations developed under the 

22 comprehensive review required by paragraph (1). 

23 (e) NATIONAL INFORMATION CENTER ON OIL

24 SPILLS.—The Under Secretary shall, in cooperation with 

25 the Interagency Coordinating Committee on Oil Pollution 


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1 Research, establish a national information center on oil 

2 spills that— 

3 (1) includes scientific information and research 

4 on oil spill preparedness, response, and restoration; 

5 (2) serves as a single access point for emer6 gency responders for such scientific data; 

7 (3) provides outreach and utilizes communica8 tion mechanisms to inform partners, the public, and 

9 local communities about the availability of oil spill 

10 preparedness, prevention, response, and restoration 

11 information and services and otherwise improves 

12 public understanding and minimizes impacts of oil 

13 spills; and 

14 (4) applies the data interoperability standards 

15 developed by the Integrated Coastal Ocean Observa16 tion System øto all for free and open access to all 

17 relevant Federal and non-Federal data using, to the 

18 extent practicable, the existing infrastructure of the 

19 regional information coordinating entities developed 

20 as part of the Integrated Coastal Ocean Observing 

21 System as a portal for accessing non-federal data¿. 

22 (f) INITIATIVE ON OIL SPILLS FROM AGING AND

23 ABANDONED OIL INFRASTRUCTURE.—Not later than 270 

24 days after the date of the enactment of this Act, the Under 

25 Secretary shall establish an initiative— 


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1 (1) to determine the significance, response, fre2 quency, size, potential fate, and potential effects, in3 cluding those on sensitive habitats, of oil spills re4 sulting from aging and abandoned oil infrastructure; 

5 and 

6 (2) to formulate recommendations on how best 

7 to address such spills. 

8 (g) INVENTORY OF OFFSHORE ABANDONED OR

9 SUNKEN VESSELS.—Not later than 270 days after the 

10 date of the enactment of this Act, the Under Secretary 

11 shall, in consultation with the Secretary of the Interior, 

12 develop an inventory of offshore abandoned or sunken ves13 sels in the exclusive economic zone of the United States 

14 and identify priorities (based on amount of oil, feasibility 

15 of oil recovery, fate and effects of oil if released, and cost16 benefit of preemptive action) for potential preemptive re17 moval of oil or other actions that may be effective to miti18 gate the risk of oil spills from offshore abandoned or sunk19 en vessels. 

20 (h) QUINQUENNIAL REPORT ON ECOLOGICAL BASE21 LINES, IMPORTANT ECOLOGICAL AREAS, AND ECONOMIC

22 RISKS.— 

23 (1) IN GENERAL.—Not later than 270 days 

24 after the date of enactment of this Act, and not less 

25 frequently than once every 5 years thereafter, the 


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1 Under Secretary shall submit to Congress a report 

2 that, with respect to regions that are leased or are 

3 under consideration for leasing for offshore energy 

4 production— 

5 (A) characterizes ecological baselines; 

6 (B) identifies important ecological areas, 

7 critical habitats, and migratory behaviors; and 

8 (C) identifies potential risks posed by hy9 drocarbon development to these resources. 

10 (2) IMPORTANT ECOLOGICAL AREA DEFINED.— 

11 In this subsection, the term ‘‘important ecological 

12 area’’ means an area that contributes significantly 

13 to marine ecosystem health. 

14 (3) RELATIONSHIP TO OTHER LAWS.—Nothing 

15 in this subsection shall be construed to alter or limit 

16 the authority and responsibility of the Secretary of 

17 the Interior provided by this or any other Act. 

18 SEC. 612. USE OF OIL SPILL LIABILITY TRUST FUND FOR 

19 PREPAREDNESS, RESPONSE, DAMAGE AS20 SESSMENT, AND RESTORATION. 

21 Section 1012(a)(5) of the Oil Pollution Act of 1990 

22 (33 U.S.C. 2712(a)(5)) is amended— 

23 (1) by redesignating subparagraphs (B) and 

24 (C) as subparagraphs (C) and (D), respectively; and 


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1 (2) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B)(i) not more than $5,000,000 in each 

4 fiscal year shall be available to the Under Sec5 retary for Oceans and Atmosphere and the As6 sistant Secretary of the Interior for Fish and 

7 Wildlife and Parks without further appropria8 tion for expenses incurred by, and activities re9 lated to, preparedness, response, restoration, 

10 and damage assessment capabilities of the Na11 tional Oceanic and Atmospheric Administration, 

12 the United States Fish and Wildlife Service, 

13 and other relevant agencies; and 

14 ‘‘(ii) in a fiscal year in which an oil spill 

15 of national significance occurs, not more than 

16 $25 million shall be available to Federal trust17 ees designated by the President pursuant to 

18 section 1006 (b)(2);’’. 

19 SEC. 613. INVESTMENT OF AMOUNTS IN DAMAGE ASSESS20 MENT AND RESTORATION REVOLVING FUND 

21 IN INTEREST-BEARING OBLIGATIONS. 

22 The Secretary of the Treasury shall invest such a 

23 portion of the amounts in the Damage Assessment and 

24 Restoration Revolving Fund described in title I of the De25 partments of Commerce, Justice, and State, the Judiciary, 


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1 and Related Agencies Appropriations Act of 1991 (33 

2 U.S.C. 2706 note) as is not required to meet current with3 drawals, as determined by the Secretary, in interest-bear4 ing obligations of the United States in accordance with 

5 section 9602 of the Internal Revenue Code of 1986. 

6 SEC. 614. STRENGTHENING COASTAL STATE OIL SPILL 

7 PLANNING AND RESPONSE. 

8 The Coastal Zone Management Act of 1972 (16 

9 U.S.C. 1451 et seq.) is amended adding at the end the 

10 following new section: 

11 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE12 SPONSE AND PLANNING. 

13 ‘‘(a) GRANTS TO STATES.—The Secretary may make 

14 grants to eligible coastal states— 

15 ‘‘(1) to revise management programs approved 

16 under section 306 and National Estuarine Research 

17 Reserves approved under section 315 to identify and 

18 implement new enforceable policies and procedures 

19 to ensure sufficient response capabilities at the State 

20 level to address the environmental, economic and so21 cial impacts of oil spills or other accidents resulting 

22 from Outer Continental Shelf energy activities with 

23 the potential to affect and land or water use or nat24 ural resource of the coastal zone; 


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1 ‘‘(2) to undertake regionally based coastal and 

2 marine spatial planning that would assist in data 

3 collection, oil spill preparedness activities, and en4 ergy facility siting; and 

5 ‘‘(3) to review and revise where necessary appli6 cable enforceable policies within approved coastal 

7 State management programs affecting coastal en8 ergy activities and energy to ensure that these poli9 cies are consistent with— 

10 ‘‘(A) other emergency response plans and 

11 policies developed under Federal or State law; 

12 and 

13 ‘‘(B) new policies and procedures developed 

14 under paragraph (1). 

15 ‘‘(b) ELEMENTS.—New enforceable policies and pro16 cedures developed by coastal states with grants awarded 

17 under this section shall be coordinated with Area Contin18 gency Plans developed pursuant to section 311(j)(4) of the 

19 Federal Water Pollution Control Act (33 U.S.C. 

20 1321(j)(4)) and shall consider, but not be limited to— 

21 ‘‘(1) other existing emergency response plans, 

22 procedures and enforceable policies developed under 

23 other Federal or State law that affect the coastal 

24 zone; 


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1 ‘‘(2) identification of critical infrastructure es2 sential to facilitate spill or accident response activi3 ties; 

4 ‘‘(3) identification of coordination, logistics and 

5 communication networks between Federal and State 

6 government agencies, and between State agencies 

7 and affected local communities, to ensure the effi8 cient and timely dissemination of data and other in9 formation; 

10 ‘‘(4) inventories of shore locations and infra11 structure and equipment necessary to respond to oil 

12 spills or other accidents resulting from Outer Conti13 nental Shelf energy activities; 

14 ‘‘(5) identification and characterization of sig15 nificant or sensitive marine ecosystems or other 

16 areas possessing important conservation, rec17 reational, ecological, historic, or aesthetic values; 

18 ‘‘(6) inventories and surveys of shore locations 

19 and infrastructure capable of supporting alternative 

20 energy development; 

21 ‘‘(7) observing capabilities necessary to assess 

22 ocean conditions before, during, and after an oil 

23 spill; and 

24 ‘‘(8) other information or actions as may be 

25 necessary. 


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1 ‘‘(c) GUIDELINES.—The Secretary shall, within 180 

2 days after the date of enactment of this section and after 

3 consultation with the Administrator of the Environmental 

4 Protection Agency, the Commandant of the Coast Guard, 

5 and the coastal states, publish guidelines for the applica6 tion for and use of grants under this section. 

7 ‘‘(d) PARTICIPATION.—Coastal states shall provide 

8 opportunity for public participation in developing new en9 forceable policies and procedures under this section pursu10 ant to subsections (d)(1) of (e) of section 306, especially 

11 by relevant Federal agencies, relevant Area Committees 

12 established pursuant to section 311(j)(4) of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1321(j)(4)), other 

14 coastal state agencies, local governments, regional organi15 zations, port authorities, and other interested parties and 

16 stakeholders, public and private, that are related to, or 

17 affected by Outer Continental Shelf energy activities. 

18 ‘‘(e) ANNUAL GRANTS.— 

19 ‘‘(1) IN GENERAL.—For each of fiscal years 

20 2011 through 2015, the Secretary may make a 

21 grant to a coastal state to develop new enforceable 

22 policies and procedures as required under this sec23 tion. 

24 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

25 AWARDS.—The amount of any grant to any one 


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1 coastal state under this section shall not exceed 

2 $750,000 for any fiscal year. 

3 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE4 QUIRED.—A coastal state shall not be required to 

5 contribute any portion of the cost of a grant award6 ed under this section. 

7 ‘‘(4) SECRETARIAL REVIEW AND LIMIT ON

8 AWARDS.—After an initial grant is made to a coastal 

9 state under this section, no subsequent grant may be 

10 made to that coastal state under this section unless 

11 the Secretary finds that the coastal state is satisfac12 torily developing revisions to address offshore energy 

13 impacts. No coastal state is eligible to receive grants 

14 under this section for more than 2 fiscal years. 

15 ‘‘(f) APPLICABILITY.—The requirements of this sec16 tion shall only apply if appropriations are provided to the 

17 Secretary to make grants under this section to enable 

18 States to develop new or revised enforceable policies and 

19 procedures. Further, this section shall not be construed 

20 to convey any new authority to any coastal state, or repeal 

21 or supersede any existing authority of any coastal state, 

22 to regulate the siting, licensing, leasing, or permitting of 

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1 ernment. Nothing in this section repeals or supersedes any 

2 existing coastal state authority. 

3 ‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec4 retary shall, as authorized under section 310(a) and to 

5 the extent practicable, make available to coastal states the 

6 resources and capabilities of the National Oceanic and At7 mospheric Administration to provide technical assistance 

8 to the coastal states to prepare revisions to approved man9 agement programs to meet the requirements under this 

10 section.’’. 

11 SEC. 615. GULF OF MEXICO LONG-TERM MARINE ENVIRON12 MENTAL MONITORING AND RESEARCH PRO13 GRAM. 

14 (a) ENVIRONMENTAL MONITORING AND RESEARCH

15 PROGRAM REQUIRED.— 

16 (1) IN GENERAL.—As soon as practicable after 

17 the date of the enactment of this Act and subject to 

18 the availability of appropriations or other sources of 

19 funding, the Secretaries and the Administrator shall 

20 jointly establish and carry out a long-term marine 

21 environmental monitoring and research program for 

22 the marine and coastal environment of the Gulf of 

23 Mexico to ensure that the Federal Government has 

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1 pacts on trust resources located in the Gulf of Mex2 ico and Southeast region resulting from the oil spill 

3 caused by the mobile offshore drilling unit Deep4 water Horizon. 

5 (2) PERIOD OF PROGRAM.—The Secretaries and 

6 the Administrator shall carry out the program re7 quired by paragraph (1) during the 10-year period 

8 beginning on the date of the commencement of the 

9 program. The Secretaries and the Administrator 

10 may extend such period upon a determination by the 

11 Secretaries and the Administrator that additional 

12 monitoring and research is warranted. 

13 (b) SCOPE OF PROGRAM.—The program established 

14 under subsection (a) shall include the following: 

15 (1) Monitoring and research of the physical, 

16 chemical, and biological characteristics of the af17 fected marine, coastal, and estuarine areas of the 

18 Gulf of Mexico and other regions of the exclusive 

19 economic zone of the United States and adjacent re20 gions affected by the oil spill caused by the mobile 

21 offshore drilling unit Deepwater Horizon. 

22 (2) The fate, transport, and persistence of oil 

23 released during the spill and spatial distribution 

24 throughout the water column, including in-situ burn 

25 residues. 


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1 (3) The fate, transport, and persistence of 

2 chemical dispersants applied in-situ or on surface 

3 waters. 

4 (4) Identification of lethal and sub-lethal im5 pacts to shellfish, fish, and wildlife resources that 

6 utilize habitats located within the affected region. 

7 (5) Impacts to regional, State, and local econo8 mies that depend on the natural resources of the af9 fected area, including commercial and recreational 

10 fisheries, tourism, and other wildlife-dependent 

11 recreation. 

12 (6) The development of criteria for the protec13 tion of marine aquatic life. 

14 (7) Other elements considered necessary by the 

15 Secretaries and the Administrator to ensure a com16 prehensive marine research and monitoring program 

17 to comprehend and understand the implications to 

18 trust resources caused by the oil spill from the mo19 bile offshore drilling unit Deepwater Horizon. 

20 (c) COOPERATION AND CONSULTATION.—In devel21 oping the research and monitoring program established 

22 under subsection (a), the Secretaries and the Adminis23 trator shall consult with— 


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1 (1) the National Ocean Research Leadership 

2 Council established under section 7902 of title 10, 

3 United States Code; 

4 (2) such representatives from the Gulf coast 

5 States and affected countries as the Secretary con6 siders appropriate; 

7 (3) academic institutions and other research or8 ganizations; 

9 (4) regional information coordination entities; 

10 and 

11 (5) such other experts with expertise in long12 term environmental monitoring and research of the 

13 marine environment as the Secretary considers ap14 propriate. 

15 (d) AVAILABILITY OF DATA.—Upon review by and 

16 approval of the Attorney General regarding impacts on 

17 legal claims or litigation involving the United States, data 

18 and information generated through the program estab19 lished under subsection (a) shall be managed and archived 

20 according to the standards developed under section 12304 

21 of the Integrated Coastal and Ocean Observation System 

22 Act of 2009 (33 U.S.C. 3603) to ensure that it is acces23 sible and available to governmental and non-governmental 

24 personnel and to the general public for their use and infor25 mation. 


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1 (e) REPORT.—Not later than 1 year after the date 

2 of the commencement of the program under subsection (a) 

3 and biennially thereafter, the Secretaries and the Adminis4 trator shall jointly submit to Congress a comprehensive 

5 report— 

6 (1) summarizing the activities and findings of 

7 the program; and 

8 (2) detailing areas and issues requiring future 

9 monitoring and research. 

10 (f) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency. 

14 (2) GULF COAST STATE.—The term ‘‘Gulf coast 

15 State’’ means each of the States of Texas, Lou16 isiana, Mississippi, Alabama, and Florida. 

17 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

18 means the Secretary of Commerce, acting through 

19 the Under Secretary for Oceans and Atmosphere, 

20 and the Secretary of the Interior. 

21 (4) TRUST RESOURCES.—The term ‘‘trust re22 sources’’ means the living and non-living natural re23 sources belonging to, managed by, held in trust by, 

24 appertaining to, or otherwise controlled by the 


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1 United States, any State, an Indian Tribe, or a local 

2 government. 

3 SEC. 616. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL 

4 SPILL PREVENTION. 

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

6 acting through the Under Secretary for Oceans and At7 mosphere and in collaboration with the heads of other 

8 agencies or departments of the United States with appro9 priate Arctic science expertise, direct research and take 

10 action to improve the ability of the United States to con11 duct oil spill prevention, response, and recovery in Arctic 

12 waters. 

13 (b) INCLUSIONS.—Research and action under this 

14 section shall include the prioritization of resources— 

15 (1) to address— 

16 (A) ecological baselines and environmental 

17 sensitivity indexes, including stock assessments 

18 of marine mammals and other protected species 

19 in the Arctic; 

20 (B) identification of ecological important 

21 areas, sensitive habitats, and migratory behav22 iors; 

23 (C) the development of oil spill trajectory 

24 models in Arctic marine conditions; 


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1 (D) the collection of observational data es2 sential for response strategies in the event of an 

3 oil spill during both open water and ice-covered 

4 seasons, including data relating to oil spill tra5 jectory models that include data on— 

6 (i) currents; 

7 (ii) winds; 

8 (iii) weather; 

9 (iv) waves; and 

10 (v) ice forecasting; 

11 (E) the development of a robust oper12 ational monitoring program during the open 

13 water and ice-covered seasons; 

14 (F) improvements in technologies and un15 derstanding of cold water oil recovery planning 

16 and restoration implementation; and 

17 (G) the integration of local and traditional 

18 knowledge into oil recovery research studies; 

19 and 

20 (2) to establish a robust geospatial framework 

21 for safe navigation and oil spill response through in22 creased— 

23 (A) hydrographic and bathymetric sur24 veying, mapping, and navigational charting; 

25 (B) geodetic positioning; and 


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1 (C) monitoring of tides, sea levels, and cur2 rents in the Arctic. 

3 Subtitle B—Improving Coast Guard 

4 Response and Inspection Capacity 

5 SEC. 621. SECRETARY DEFINED. 

6 In this subtitle, except as otherwise specifically pro7 vided, the term ‘‘Secretary’’ means the Secretary of the 

8 Secretary of the Department in which the Coast Guard 

9 is operating. 

10 SEC. 622. ARCTIC MARITIME READINESS AND OIL SPILL 

11 PREVENTION. 

12 (a) IN GENERAL.—The Commandant of the Coast 

13 Guard shall assess and take action to reduce the risk and 

14 improve the capability of the United States to respond to 

15 a maritime disaster in the United States Beaufort and 

16 Chukchi Seas. 

17 (b) MATTERS TO BE ADDRESSED.—The assessment 

18 and actions referred to in subsection (a) shall include the 

19 prioritization of resources to address the following: 

20 (1) Oil spill prevention and response capabilities 

21 and infrastructure. 

22 (2) The coordination of contingency plans and 

23 agreements with other agencies and departments of 

24 the United States, industry, and foreign govern25 ments to respond to an Arctic oil spill. 


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1 (3) The expansion of search and rescue capa2 bilities, infrastructure, and logistics, including im3 provements of the Search and Rescue Optimal Plan4 ning System. 

5 (4) The provisional designation of places of ref6 uge. 

7 (5) The evaluation and enhancement of naviga8 tional infrastructure. 

9 (6) The evaluation and enhancement of vessel 

10 monitoring, tracking, and automated identification 

11 systems and navigational aids and communications 

12 infrastructure for safe navigation and marine acci13 dent prevention in the Arctic. 

14 (7) Shipping traffic risk assessments for the 

15 Bering Strait and the Chukchi and Beaufort Seas. 

16 (8) The integration of local and traditional 

17 knowledge and concerns into prevention and re18 sponse strategies. 

19 SEC. 623. ADVANCE PLANNING AND PROMPT DECISION 

20 MAKING IN CLOSING AND REOPENING FISH21 ING GROUNDS. 

22 (a) REQUIREMENT THAT AREA CONTINGENCY

23 PLANS CONTAIN AREA-SPECIFIC PROTOCOLS AND STAND24 ARDS.— 


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1 (1) COOPERATION WITH STATE AND LOCAL OF2 FICIALS.—Section 311(j)(4)(B)(ii) of the Federal 

3 Water Pollution Control Act (33 U.S.C. 

4 1321(j)(4)(B)(ii)) is amended by striking the semi5 colon after ‘‘wildlife’’ and inserting a comma and 

6 ‘‘including advance planning with respect to the clos7 ing and reopening of fishing grounds following an oil 

8 spill;’’. 

9 (2) FRAMEWORK.—Section 311(j)(4)(C) of the 

10 Federal Water Pollution Control Act (33 U.S.C. 

11 1321(j)(4)(C)) is amended— 

12 (A) by redesignating clauses (vii) and (viii) 

13 as clauses (viii) and (ix), respectively; and 

14 (B) by inserting after clause (vi) the fol15 lowing: 

16 ‘‘(vii) develop a framework for ad17 vance planning and decision making with 

18 respect to the closing and reopening of 

19 fishing grounds following an oil spill, in20 cluding protocols and standards for the 

21 closing and reopening of fishing areas;’’. 

22 (b) NATIONAL GUIDANCE.—Section 311(j)(4)(D) of 

23 the Federal Water Pollution Control Act (33 U.S.C. 

24 1321(j)(4)(D)) is amended— 

25 (1) in clause (i) by striking ‘‘and’’ at the end; 


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1 (2) in clause (ii) by striking the period and in2 serting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(iii) acting through the Commandant 

5 of the Coast Guard and in consultation 

6 with the Under Secretary for Oceans and 

7 Atmosphere and any other government en8 tities deemed appropriate, issue guidance 

9 for Area Committees to use in developing 

10 a framework for advance planning and de11 cision making with respect to the closing 

12 and reopening of fishing grounds following 

13 an oil spill, which guidance shall include 

14 model protocols and standards for the clos15 ing and reopening of fishing areas.’’. 

16 (c) RELATIONSHIP TO OTHER LAWS.—Nothing in 

17 this section shall be construed as changing or affecting 

18 in any way the authorities or responsibilities of the Under 

19 Secretary for Oceans and Atmosphere under the Magnu20 son-Stevens Fishery Conservation and Management Act 

21 (16 U.S.C. 1801 et seq.). 

22 SEC. 624. OIL SPILL TECHNOLOGY EVALUATION. 

23 (a) IN GENERAL.—The Secretary and the Secretary 

24 of the Interior (in this section referred to as the ‘‘Secre25 taries’’) and the Administrator of the Environmental ProVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 tection Agency (in this section referred to as the ‘‘Admin2 istrator’’) shall establish a program for the formal evalua3 tion and validation of oil pollution containment and re4 moval methods and technologies. 

5 (b) APPROVAL.—The program required by subsection 

6 (a) shall establish a process for new methods and tech7 nologies to be submitted, evaluated, and gain validation 

8 for use in spill responses and inclusion in response plans. 

9 Following each validation, the Secretaries and the Admin10 istrator shall consider whether the method or technology 

11 meets a performance capability warranting designation of 

12 a new standard for best available technology or methods. 

13 Any such new standard shall be incorporated into each 

14 update of a response plan submitted pursuant to section 

15 311(j)(5)(E)(vii) of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1321(j)(5)), as amended by section 

17 104(b)(3) of this Act. 

18 (c) TECHNOLOGY CLEARINGHOUSE.—All tech19 nologies and methods validated under this section shall be 

20 included in the comprehensive list of spill removal re21 sources maintained by the Coast Guard through the Na22 tional Response Unit. 

23 (d) CONSULTATION.—The Secretaries and the Ad24 ministrator shall consult with the Under Secretary for 


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1 Oceans and Atmosphere and the Secretary of Transpor2 tation in carrying out this section 

3 SEC. 625. COAST GUARD INSPECTIONS. 

4 (a) IN GENERAL.—The Secretary shall increase the 

5 frequency and comprehensiveness of safety inspections of 

6 all United States and foreign-flag tank vessels that enter 

7 a United States port or place, including increasing the fre8 quency and comprehensiveness of inspections of vessel age, 

9 hull configuration, and past violations of any applicable 

10 discharge and safety regulations under United States and 

11 international law that may indicate that the class societies 

12 inspecting such vessels may be substandard, and other fac13 tors relevant to the potential risk of an oil spill. 

14 (b) ENHANCED VERIFICATION OF STRUCTURAL CON15 DITION.—The Secretary shall adopt, as part of the Sec16 retary’s inspection requirements for tank vessels, addi17 tional procedures for enhancing the verification of the re18 ported structural condition of such vessels, taking into ac19 count the Condition Assessment Scheme adopted by the 

20 International Maritime Organization by Resolution 94(46) 

21 on April 27, 2001. 

22 SEC. 626. CERTIFICATE OF INSPECTION REQUIREMENTS. 

23 (a) IN GENERAL.—Chapter 33 of title 46, United 

24 States Code, is amended— 


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1 (1) in section 3301, by adding at the end the 

2 following: 

3 ‘‘(16) vessels and other structures, fixed or 

4 floating, including those which dynamically hold po5 sition or are attached to the seabed or subsoil, which 

6 are capable of exploring for, drilling for, developing, 

7 or producing oil or gas.’’; and 

8 (2) in section 3305(a)(1)— 

9 (A) by amending subparagraph (E) to read 

10 as follows: 

11 ‘‘(E) is in a condition to be operated with safety 

12 to life and property, including, for the entities de13 scribed in paragraph (16) of section 3301, those sys14 tems specified in regulations required by paragraph 

15 (3);’’; 

16 (B) in subparagraph (F), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding the following: 

19 ‘‘(G) for vessels and other structures described 

20 in paragraph (16) of section 3301, complies with the 

21 highest relevant classification, certification, rating, 

22 and inspection standards for vessels or structures of 

23 the same age and type imposed by— 

24 ‘‘(i) the American Bureau of Shipping; or 


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1 ‘‘(ii) another classification society approved 

2 by the Secretary and the Secretary of the Inte3 rior as meeting acceptable standards for such a 

4 society, except that the classification of vessels 

5 or structures under this section by a foreign 

6 classification society may be accepted by the 

7 Secretary and the Secretary of the Interior 

8 only— 

9 ‘‘(I) to the extent that the government 

10 of the foreign country in which the society 

11 is headquartered accepts classification by 

12 the American Bureau of Shipping of ves13 sels and structures used in the offshore ex14 ploration, development, and production of 

15 oil and gas in that country; and 

16 ‘‘(II) if the foreign classification soci17 ety has offices and maintains records in 

18 the United States.’’. 

19 (b) REGULATIONS.— 

20 (1) REQUIREMENT FOR REGULATIONS.—Not21 withstanding section 3306 of title 46, United States 

22 Code, in implementing section 3305 of such title, as 

23 amended by subsection (a), the Secretary and the 

24 Secretary of the Interior shall jointly issue regula25 tions specifying which systems of the vessels or 


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1 structures described in paragraph (16) of section 

2 3301 of such title, as added by subsection (a)(1), 

3 shall be subject to such requirements. At a min4 imum, such systems shall include— 

5 (A) mobile offshore drilling units; 

6 (B) fixed and floating drilling facilities; 

7 and 

8 (C) risers and blowout preventers. 

9 (2) EXCEPTIONS.—The Secretary and the Sec10 retary of the Interior may waive the standards es11 tablished by the regulations required by paragraph 

12 (1) for a system of an existing vessel or structure 

13 if— 

14 (A) such system is of an age or type for 

15 which meeting such requirements is impractical; 

16 and 

17 (B) such system poses an acceptably low 

18 level of risk to the environment and to human 

19 safety. 

20 (3) RELATIONSHIP TO OTHER LAWS.—Nothing 

21 in this section shall be construed to alter or limit the 

22 authority and responsibility of the Secretary or the 

23 Secretary of the Interior provided by this or any 

24 other Act. The regulations required by paragraph 

25 (1) shall be supplemental to any other regulation 


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1 issued by the Secretary or the Secretary of the Inte2 rior under any other provisions of law. 

3 SEC. 627. NAVIGATIONAL MEASURES FOR PROTECTION OF 

4 NATURAL RESOURCES. 

5 (a) DESIGNATION OF AT-RISK AREAS.—The Com6 mandant of the Coast Guard, in consultation the Under 

7 Secretary for Oceans and Atmosphere, shall identify areas 

8 in waters subject to the jurisdiction of the United States 

9 in which routing or other navigational measures are war10 ranted to reduce the risk of oil spills and potential damage 

11 to natural resources. In identifying such areas, the Com12 mandant shall give priority consideration to natural re13 sources of particular ecological importance or economic 

14 importance, including— 

15 (1) commercial fisheries; 

16 (2) aquaculture facilities; 

17 (3) marine sanctuaries designated by the Sec18 retary of Commerce pursuant to the National Ma19 rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 

20 (4) estuaries of national significance designated 

21 under section 320 of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1330); 

23 (5) critical habitat, as defined in section 3(5) of 

24 the Endangered Species Act of 1973 (16 U.S.C. 

25 1532(5)); 


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1 (6) estuarine research reserves within the Na2 tional Estuarine Research Reserve System estab3 lished by section 315 of the Coastal Zone Manage4 ment Act of 1972 (16 U.S.C. 1461); and 

5 (7) national parks and national seashores ad6 ministered by the National Park Service under the 

7 National Park Service Organic Act (16 U.S.C. 1 et 

8 seq.). 

9 (b) FACTORS CONSIDERED.—In determining whether 

10 navigational measures are warranted for an area under 

11 subsection (a), the Commandant and the Under Secretary 

12 for Oceans and Atmosphere shall consider, at a min13 imum— 

14 (1) the frequency of transits of vessels which 

15 are required to prepare a response plan under sec16 tion 311(j) of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1321(j)); 

18 (2) the type and quantity of oil transported as 

19 cargo or fuel; 

20 (3) the expected benefits of routing measures in 

21 reducing risks of spills; 

22 (4) the costs of such measures; 

23 (5) the safety implications of such measures; 

24 and 


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1 (6) the nature and value of the resources to be 

2 protected by such measures. 

3 (c) ESTABLISHMENT OF ROUTING AND OTHER NAVI4 GATIONAL MEASURES.—The Commandant shall establish 

5 such routing or other navigational measures for areas 

6 identified under subsection (a). 

7 (d) ESTABLISHMENT OF AREAS TO BE AVOIDED.— 

8 To the extent that the Commandant and the Under Sec9 retary for Oceans and Atmosphere identify areas in which 

10 navigational measures are warranted for an area under 

11 subsection (a), the Secretary and the Under Secretary 

12 shall seek to establish such areas through the Inter13 national Maritime Organization or establish comparable 

14 areas pursuant to regulations and in a manner that is con15 sistent with international law. 

16 (e) OIL SHIPMENT DATA AND REPORT.— 

17 (1) DATA COLLECTION.—The Commandant of 

18 the Coast Guard, in consultation with the Chief of 

19 Engineers, shall analyze data on oil transported as 

20 cargo on vessels in the navigable waters of the 

21 United States, including information on— 

22 (A) the quantity and type of oil being 

23 transported; 

24 (B) the vessels used for such transpor25 tation; 


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1 (C) the frequency with which each type of 

2 oil is being transported; and 

3 (D) the point of origin, transit route, and 

4 destination of each such shipment of oil. 

5 (2) QUARTERLY REPORT.— 

6 (A) REQUIREMENT FOR QUARTERLY RE7 PORT.—The Secretary shall, not less frequently 

8 than once each calendar quarter, submit to the 

9 Committee on Commerce, Science, and Trans10 portation of the Senate and the Committee on 

11 Energy and Commerce of the House of Rep12 resentatives a report on the data collected and 

13 analyzed under paragraph (1). 

14 (B) FORMAT.—Each report submitted 

15 under subparagraph (A) shall be submitted in 

16 a format that does not disclose information ex17 empted from disclosure. 

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

19 (a) IN GENERAL.—A State may, by law, require a 

20 person to provide notice of 24 hours or more to the State 

21 and to the Coast Guard prior to transferring oil in bulk 

22 as cargo in an amount equivalent to 250 barrels or more 

23 to, from, or within a vessel in State waters. 

24 (b) COAST GUARD ASSISTANCE.—The Commandant 

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1 propriate methodologies for joint Federal and State notifi2 cation of an oil transfer described in subsection (a) to min3 imize any potential burden to vessels. 

4 SEC. 629. GULF OF MEXICO REGIONAL CITIZENS’ ADVISORY 

5 COUNCIL. 

6 (a) ESTABLISHMENT.—Not later than 270 days after 

7 the date of enactment of this Act, the President shall es8 tablish a Gulf of Mexico Regional Citizens’ Advisory Coun9 cil (hereinafter in this section referred to as the ‘‘Coun10 cil’’). 

11 (b) GOAL.—The goal of the Council shall be to foster 

12 more effective engagement by interested stakeholders and 

13 local communities in providing relevant Federal agencies 

14 and the energy industry with advice on energy, safety, 

15 health, maritime, national defense, and environmental as16 pects of offshore energy and minerals production in the 

17 Gulf of Mexico. 

18 (c) PARTICIPATION.—In establishing the Council, the 

19 President shall provide for the appropriate participation 

20 by relevant stakeholders located in the coastal areas of the 

21 Gulf of Mexico, including— 

22 (1) the commercial fin, shellfish, and charter 

23 fishing industries; 

24 (2) the tourism, hotel, and restaurant indus25 tries; 


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1 (3) socially vulnerable communities, including 

2 both indigenous and non-indigenous communities; 

3 (4) marine and coastal conservation entities; 

4 (5) incorporated and unincorporated municipali5 ties; and 

6 (6) other appropriate entities. 

7 (d) CONSIDERATION.—In establishing the Council, 

8 the President shall take into account the experience of 

9 Federal government and industry in working with the 

10 Prince William Sound Regional Citizens’ Advisory Council 

11 to promote the environmentally safe operation of the 

12 Alyeska Pipeline marine terminal in Valdez, Alaska, and 

13 the oil tankers that use it. 

14 (e) REPORT TO CONGRESS PRIOR TO ESTABLISH15 MENT.—Not later than 180 days after the date of enact16 ment of this Act, the President shall submit to Congress 

17 a plan for the appointment and operation of the Council. 

18 The report shall include a description of— 

19 (1) the legal form proposed for the Council; 

20 (2) the duties proposed for the Council; 

21 (3) the manner in which the work of the Coun22 cil would relate to— 

23 (A) the execution by relevant Federal 

24 agencies of their respective statutory authori25 ties; and 


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1 (B) the activities of the energy industry; 

2 (4) the manner in which the appointments 

3 would be made to the Council to ensure balanced 

4 representation of all relevant stakeholders with re5 spect to the goal of the Council; 

6 (5) the manner in which advice and rec7 ommendations from the Council would be treated by 

8 the relevant Federal agencies and the energy indus9 try; 

10 (6) provisions relating to conflict of interest and 

11 protection of sensitive or confidential information 

12 that may be shared with the Council; and 

13 (7) the manner in which the activities of the 

14 Council would be financially supported. 

15 (f) ANNUAL REPORTS.—The President shall require 

16 that an annual report be submitted to Congress on the 

17 activities of the Council. 

18 SEC. 630. VESSEL LIABILITY. 

19 (a) IN GENERAL.—Section 1004(a) of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2704(a)) is amended by strik21 ing paragraph (1) and inserting the following: 

22 ‘‘(1) for a vessel that is— 

23 ‘‘(A) a tank ship that is a single-hull ves24 sel, including a single hull vessel fitted with 

25 double sides only or a double bottom only, 


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1 $3,300 per gross ton or $93,600,000, whichever 

2 is greater; 

3 ‘‘(B) a tank ship that is a double-hull ves4 sel, $1,900 per gross ton or $16,000,000, 

5 whichever is greater; 

6 ‘‘(C) a tank barge that is a single-hull ves7 sel, including a single-hull vessel fitted with 

8 double sides only or a double bottom only, 

9 $7,000 per gross ton or $29,100,000, whichever 

10 is greater; or 

11 ‘‘(D) a tank barge that is a double-hull 

12 vessel, $7,000 per gross ton or $10,000,000, 

13 whichever is greater;’’. 

14 (b) DEFINITIONS.—Section 1001(34) of the Oil Pol15 lution Act of 1990 (33 U.S.C. 2701(34)) is amended— 

16 (1) by redesignating subparagraphs (A),(B), 

17 and (C) as clauses (i), (ii), and (iii), respectively; 

18 (2) by striking ‘‘ ‘tank vessel’ means’’ and in19 serting ‘‘(A) ‘tank vessel’ means’’; and 

20 (3) by inserting at the end the following: 

21 ‘‘(B) ‘tank barge’ means a non-self-propelled 

22 tank vessel; and 

23 ‘‘(C) ‘tank ship’ means a self-propelled tank 

24 vessel;’’. 


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1 SEC. 631. PROMPT INTERGOVERNMENTAL NOTICE OF MA2 RINE CASUALTIES. 

3 Section 6101 of title 46, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(j) NOTICE TO STATES AND TRIBAL GOVERN6 MENTS.— 

7 ‘‘(1) REQUIREMENT TO NOTIFY.—Not later 

8 than 1 hour after receiving a report of a marine cas9 ualty under this section, the Secretary shall forward 

10 the report to each appropriate State agency and 

11 tribal government of an Indian tribe (as defined in 

12 section 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 450b)) that has ju14 risdiction concurrent with the United States or adja15 cent to waters in which the marine casualty oc16 curred. 

17 ‘‘(2) APPROPRIATE STATE AGENCY.—Each 

18 State shall identify for the Secretary the appropriate 

19 State agency to receive a report under paragraph 

20 (1). Such agency shall be responsible for forwarding 

21 appropriate information related to such report to 

22 local and tribal governments within the State.’’. 

23 SEC. 632. PROMPT PUBLICATION OF OIL SPILL INFORMA24 TION. 

25 (a) IN GENERAL.—In any response to an oil spill in 

26 which the Commandant of the Coast Guard serves as the 


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1 Federal On-Scene Coordinator leading a Unified Com2 mand, the Commandant, on a publicly accessible website, 

3 shall publish all written Incident Action Plans prepared 

4 and approved as a part of the response to such oil spill. 

5 (b) TIMELINESS AND DURATION.—The Commandant 

6 shall— 

7 (1) publish each Incident Action Plan pursuant 

8 to subsection (a) promptly after such Plan is ap9 proved for implementation by the Unified Command, 

10 and in no event later than 12 hours into the oper11 ational period for which such Plan is prepared; and 

12 (2) ensure that such plan remains remain pub13 licly accessible by website for the duration of the re14 sponse to oil spill. 

15 (c) REDACTION OF PERSONAL INFORMATION.—The 

16 Commandant may redact information from an Incident 

17 Action Plans published pursuant to subsection (a) to the 

18 extent necessary to comply with applicable privacy laws 

19 and other requirements regarding personal information. 

20 SEC. 633. LEAVE RETENTION AUTHORITY. 

21 (a) IN GENERAL.—Chapter 11 of title 14, United 

22 States Code, is amended by inserting after section 425 the 

23 following: 


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1 ‘‘§ 426. Emergency leave retention authority 

2 ‘‘(a) IN GENERAL.—A duty assignment for an active 

3 duty member of the Coast Guard in support of a declara4 tion of a major disaster or emergency by the President 

5 under the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5121 et seq.) or in re7 sponse to a spill of national significance shall be treated, 

8 for the purpose of section 701(f)(2) of title 10, as a duty 

9 assignment in support of a contingency operation. 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) DISCHARGE.—The term ‘discharge’ has 

12 the meaning given that term in section 1001(7) of 

13 the Oil Pollution Act of 1990 (33 U.S.C. 2701(7)). 

14 ‘‘(2) SPILL OF NATIONAL SIGNIFICANCE.—The 

15 term ‘spill of national significance’ means a dis16 charge of oil or a hazardous substance that is de17 clared by the Commandant to be a spill of national 

18 significance.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by inserting after the item relating 

21 to section 425 the following: 

‘‘426. Emergency leave retention authority.’’. 


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1 TITLE VII—CATASTROPHIC 

2 INCIDENT PLANNING 

3 SEC. 701. CATASTROPHIC INCIDENT PLANNING. 

4 (a) CATASTROPHIC INCIDENT PLANNING INITIA5 TIVE.—Chapter 1 of subtitle C of the Post-Katrina Emer6 gency Management Reform Act of 2006 (6 U.S.C. 741 

7 et seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 655. CATASTROPHIC INCIDENT PLANNING. 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘catastrophic incident plan’ 

11 means a plan to prevent, prepare for, protect 

12 against, respond to, and recover from catastrophic 

13 incidents; 

14 ‘‘(2) the term ‘critical infrastructure’ has the 

15 meaning given that term in section 1016(e) of the 

16 USA PATRIOT Act (42 U.S.C. 5195c(e)); and 

17 ‘‘(3) the term ‘National Response Framework’ 

18 means the successor document to the National Re19 sponse Plan issued in January 2008, or any other 

20 successor plan prepared under section 504(a)(6) of 

21 the Homeland Security Act of 2002 (6 U.S.C. 

22 314(a)(6)). 

23 ‘‘(b) COORDINATED PLANNING.— 


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1 ‘‘(1) IN GENERAL.—The President shall ensure 

2 that there is a coordinated system of catastrophic in3 cident plans throughout the Federal Government. 

4 ‘‘(2) IMPLEMENTATION.—In carrying out para5 graph (1), the President shall— 

6 ‘‘(A) identify risks of catastrophic inci7 dents, including across all critical infrastructure 

8 sectors; 

9 ‘‘(B) prioritize risks of catastrophic inci10 dents to determine for which risks the develop11 ment of catastrophic incident plans is most nec12 essary or likely to be most beneficial; 

13 ‘‘(C) ensure that Federal agencies coordi14 nate to develop comprehensive and effective cat15 astrophic incident plans to address prioritized 

16 catastrophic risks; and 

17 ‘‘(D) review catastrophic incident plans de18 veloped by Federal agencies to ensure the effec19 tiveness of the plans, including assessing wheth20 er— 

21 ‘‘(i) the assumptions underlying the 

22 catastrophic incident plans are realistic; 

23 ‘‘(ii) the resources identified to imple24 ment the catastrophic incident plans are 

25 adequate, including that the catastrophic 


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1 incident plans address the need for surge 

2 capacity; 

3 ‘‘(iii) exercises designed to evaluate 

4 the catastrophic incident plans are ade5 quate; 

6 ‘‘(iv) the catastrophic incident plans 

7 incorporate lessons learned from other cat8 astrophic incidents, include those in other 

9 countries, where appropriate; 

10 ‘‘(v) the catastrophic incident plans 

11 appropriately account for new events and 

12 situations; 

13 ‘‘(vi) the catastrophic incident plans 

14 adequately address the need for situational 

15 awareness and information sharing; 

16 ‘‘(vii) the number, skills, and training 

17 of the available workforce is sufficient to 

18 implement the catastrophic incident plans; 

19 ‘‘(viii) the catastrophic incident plans 

20 reflect coordination with governmental and 

21 nongovernmental entities that would play a 

22 significant role in the response to the cata23 strophic incident; and 

24 ‘‘(ix) the catastrophic incident plans 

25 set forth a clear command structure and 


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1 allocation of responsibilities consistent with 

2 the National Response Framework and the 

3 National Incident Management System. 

4 ‘‘(c) REPORT.—Not later than 1 year after the date 

5 of enactment of the Clean Energy Jobs and Oil Company 

6 Accountability Act of 2010, and annually thereafter until 

7 December 31, 2020, the President shall submit a report 

8 to the appropriate committees of Congress that includes— 

9 ‘‘(1) a discussion of the status of catastrophic 

10 incident planning efforts required under this section, 

11 including a list of all catastrophic incident plans in 

12 progress or completed; and 

13 ‘‘(2) a report on planning efforts by Federal 

14 agencies required under section 653, including any 

15 certification under subsection 653(d).’’. 

16 (b) OFFICE OF CATASTROPHIC PLANNING.—Title V 

17 of the Homeland Security Act of 2002 (6 U.S.C. 101 et 

18 seq.) is amended by adding at the end the following: 

19 ‘‘SEC. 525. CATASTROPHIC INCIDENT PLANNING. 

20 ‘‘(a) DEFINITION.—In this section, the term ‘cata21 strophic incident plan’ means a plan to prevent, prepare 

22 for, protect against, respond to, and recover from a cata23 strophic incident. 

24 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab25 lish an Office of Catastrophic Planning in the Agency, 


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1 which shall be headed by a Director of Catastrophic Plan2 ning. 

3 ‘‘(c) MISSION.—The mission of the Office of Cata4 strophic Planning shall be to lead efforts within the De5 partment, and to support, promote, and coordinate efforts 

6 throughout the Federal Government, by State, local and 

7 tribal governments, and by the private sector, to plan ef8 fectively to prevent, prepare for, protect against, respond 

9 to, and recover from catastrophic incidents, whether nat10 ural disasters, acts of terrorism, or other man-made disas11 ters. 

12 ‘‘(d) RESPONSIBILITIES.—The responsibilities of the 

13 Director of Catastrophic Planning shall include— 

14 ‘‘(1) assisting the President and Federal agen15 cies in identifying risks of catastrophic incidents for 

16 which planning is likely to be most needed or bene17 ficial, including risks across all critical infrastructure 

18 sectors; 

19 ‘‘(2) leading the efforts of the Department to 

20 prepare catastrophic incident plans to address risks 

21 in the areas of responsibility of the Department; 

22 ‘‘(3) providing support to other Federal agen23 cies by— 

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1 cies in developing effective catastrophic incident 

2 plans in the areas of responsibility of the agen3 cies; 

4 ‘‘(B) assisting the agencies in the assess5 ment of the catastrophic incident plans of the 

6 agencies, including through assistance with the 

7 design and evaluation of exercises; and 

8 ‘‘(C) assisting the agencies in developing 

9 tools to meaningfully evaluate catastrophic inci10 dent plans submitted to the agency by private 

11 sector entities; 

12 ‘‘(4) ensuring coordination with State, local, 

13 and tribal governments in the development of Fed14 eral catastrophic incident plans; 

15 ‘‘(5) providing assistance to State, local, and 

16 tribal governments in developing catastrophic inci17 dent plans, including supporting the development of 

18 catastrophic incident annexes under section 613 of 

19 the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5196b); 

21 ‘‘(6) promoting and supporting appropriate cat22 astrophic incident planning by private sector entities, 

23 including private sector entities that own or manage 

24 critical infrastructure; 


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1 ‘‘(7) promoting the training and education of 

2 additional emergency planners 

3 ‘‘(8) assisting the Administrator in the prepara4 tion of the catastrophic resource report required 

5 under section 652(b) of the Post-Katrina Emergency 

6 Management Reform Act of 2006 (6 U.S.C. 752(b)); 

7 ‘‘(9) assisting the President in ensuring consist8 ency and coordination across Federal catastrophic 

9 incident plans; and 

10 ‘‘(10) otherwise assisting the President in im11 plementing section 655 of the Post-Katrina Emer12 gency Management Reform Act of 2006.’’. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated such sums as are necessary 

15 to carry out this section, for each of fiscal years 2011 

16 through 2020. 

17 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of contents in section 1(b) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

20 inserting after the item relating to section 524 the fol21 lowing: 

‘‘Sec. 525. Catastrophic incident planning.’’. 

22 SEC. 702. ALIGNMENT OF RESPONSE FRAMEWORKS. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘National Response Framework’’ 

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1 sponse Plan issued in January 2008, or any other 

2 successor plan prepared under section 504(a)(6) of 

3 the Homeland Security Act of 2002 (6 U.S.C. 

4 314(a)(6)); 

5 (2) the term ‘‘National Contingency Plan’’ 

6 means the National Contingency Plan prepared 

7 under section 311(d) of the Federal Water Pollution 

8 Control Act (33 U.S.C. 1321(d)) or revised under 

9 section 105 of the Comprehensive Environmental 

10 Response, Compensation and Liability Act (42 

11 U.S.C. 9605); and 

12 (3) the term ‘‘plans’’ means the National Re13 sponse Framework, the National Contingency Plan, 

14 and any other plan the Secretary of Homeland Secu15 rity and the Administrator of the Environmental 

16 Protection Agency jointly determine plays a signifi17 cant role in guiding the response by the Federal 

18 Government to the discharge of oil or other haz19 ardous substances. 

20 (b) ALIGNMENT OF PLANS.—Not later than 1 year 

21 after the date of enactment of this Act, the Secretary of 

22 Homeland Security (in coordination with the Adminis23 trator of the Federal Emergency Management Agency and 

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1 junction with the head of any other Federal agency deter2 mined appropriate by the President, shall review the plans 

3 and submit to Congress a report regarding— 

4 (1) the coordination and consistency between 

5 the plans, including with respect to— 

6 (A) unified command and reporting struc7 tures; 

8 (B) relationships with State, local, and 

9 tribal governments; 

10 (C) assignment of support responsibilities 

11 among Federal agencies; 

12 (2) lessons learned from an initial post-incident 

13 analysis of the implementation of the plans during 

14 the response by the Federal Government to the dis15 charge of oil arising from the explosion on and sink16 ing of the mobile offshore drilling unit Deepwater 

17 Horizon; 

18 (3) recommendations for modifications to the 

19 plans to ensure coordination and, where appropriate, 

20 consistency between the plans and to maximize the 

21 purpose of each plan, consistent with statutory au22 thorities; 

23 (4) planned actions to address any modifica24 tions recommended under paragraph (3); and 


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1 (5) how the plans will be integrated in the event 

2 of a disaster occurring after the date of the report 

3 involving a discharge of oil or other hazardous mate4 rial. 

5 (c) SAVINGS CLAUSE.—Nothing in this section re6 quires a modification to the National Contingency Plan 

7 or the National Response Framework or affects the au8 thority of the Administrator of the Environmental Protec9 tion Agency or the Secretary of Homeland Security to 

10 modify or carry out the National Contingency Plan or the 

11 National Response Framework. 

12 TITLE VIII—SUBPOENA POWER 

13 FOR NATIONAL COMMISSION 

14 ON THE BP DEEPWATER HO15 RIZON OIL SPILL AND OFF16 SHORE DRILLING 

17 SEC. 801. SUBPOENA POWER FOR NATIONAL COMMISSION 

18 ON THE BP DEEPWATER HORIZON OIL SPILL 

19 AND OFFSHORE DRILLING. 

20 (a) SUBPOENA POWER.—The National Commission 

21 on the BP Deepwater Horizon Oil Spill and Offshore 

22 Drilling established by Executive Order No. 13543 of May 

23 21, 2010 (referred to in this section as the ‘‘Commis24 sion’’), may issue subpoenas to compel the attendance and 

25 testimony of witnesses and the production of books, 


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1 records, correspondence, memoranda, and other docu2 ments. 

3 (b) ISSUANCE.— 

4 (1) AUTHORIZATION.—A subpoena may be 

5 issued under this section only by— 

6 (A) agreement of the Co-Chairs of the 

7 Commission; or 

8 (B) the affirmative vote of a majority of 

9 the members of the Commission. 

10 (2) JUSTICE DEPARTMENT COORDINATION.— 

11 (A) NOTIFICATION.— 

12 (i) IN GENERAL.—The Commission 

13 shall notify the Attorney General or des14 ignee of the intent of the Commission to 

15 issue a subpoena under this section, the 

16 identity of the witness, and the nature of 

17 the testimony sought before issuing such a 

18 subpoena. 

19 (ii) FORM AND CONTENT.—The form 

20 and content of the notice shall be set forth 

21 in the guidelines to be issued under sub22 paragraph (D). 

23 (B) CONDITIONS FOR OBJECTION TO

24 ISSUANCE.—The Commission may not issue a 

25 subpoena under authority of this section if the 


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1 Attorney General objects to the issuance of the 

2 subpoena on the basis that the taking of the 

3 testimony is likely to interfere with any— 

4 (i) Federal or State criminal inves5 tigation or prosecution; or 

6 (ii) pending investigation under sec7 tions 3729 through 3732 of title 31, 

8 United States Code (commonly known as 

9 the ‘‘Civil False Claims Act’’) or other 

10 Federal law providing for civil remedies, or 

11 any civil litigation to which the United 

12 States or any Federal agencies is or is like13 ly to be a party. 

14 (C) NOTIFICATION OF OBJECTION.—The 

15 Attorney General or relevant United States At16 torney shall notify the Commission of an objec17 tion raised under this paragraph without unnec18 essary delay and as set forth in the guidelines 

19 to be issued under subparagraph (D). 

20 (D) GUIDELINES.—As soon as practicable, 

21 but no later than 30 days after the date of the 

22 enactment of this Act, the Attorney General, 

23 after consultation with the Commission, shall 

24 issue guidelines to carry out this subsection. 


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1 (3) SIGNATURE AND SERVICE.—A subpoena 

2 issued under this section may be— 

3 (A) issued under the signature of either 

4 Co-Chair or any member designated by a ma5 jority of the Commission; and 

6 (B) served by any person designated by the 

7 Co-Chairs or a member designated by a major8 ity of the Commission. 

9 (c) ENFORCEMENT.— 

10 (1) REQUIRED PROCEDURES.— 

11 (A) IN GENERAL.—In the case of contu12 macy of any person issued a subpoena under 

13 this section or refusal by the person to comply 

14 with the subpoena, the Commission shall re15 quest the Attorney General to seek enforcement 

16 of the subpoena. 

17 (B) ENFORCEMENT.—On such request, the 

18 Attorney General shall seek enforcement of the 

19 subpoena in a court described in paragraph (2). 

20 (C) ORDER.—The court in which the At21 torney General seeks enforcement of the sub22 poena— 

23 (i) shall issue an order requiring the 

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1 ignated place to testify or to produce docu2 mentary or other evidence; and 

3 (ii) may punish any failure to obey 

4 the order as a contempt of that court. 

5 (2) JURISDICTION FOR ENFORCEMENT.—Any 

6 United States district court for a judicial district in 

7 which a person issued a subpoena under this section 

8 resides, is served, or may be found, or in which the 

9 subpoena is returnable, shall have jurisdiction to en10 force the subpoena as provided in paragraph (1). 

11 TITLE IX—CORAL REEF CON12 SERVATION ACT AMEND13 MENTS 

14 SEC. 901. SHORT TITLE. 

15 This title may be cited as the ‘‘Coral Reef Conserva16 tion Amendments Act of 2010’’. 

17 SEC. 902. AMENDMENT OF CORAL REEF CONSERVATION 

18 ACT OF 2000. 

19 Except as otherwise expressly provided, whenever in 

20 this title an amendment or repeal is expressed in terms 

21 of an amendment to or repeal of a section or other provi22 sion, the reference shall be considered to be made to a 

23 section or other provision of the Coral Reef Conservation 

24 Act of 2000 (16 U.S.C. 6401 et seq.). 


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1 SEC. 903. AGREEMENTS; REDESIGNATIONS. 

2 The Act (16 U.S.C. 6401 et seq.) is amended— 

3 (1) by redesignating section 208 (16 U.S.C. 

4 6407) as section 213; 

5 (2) by redesignating section 209 (16 U.S.C. 

6 6408) as section 214; and 

7 (3) by redesignating section 210 (16 U.S.C. 

8 6409) as section 215. 

9 SEC. 904. EMERGENCY ASSISTANCE. 

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

11 follows: 

12 ‘‘SEC. 206. EMERGENCY ASSISTANCE. 

13 ‘‘The Secretary, in cooperation with the Adminis14 trator of the Federal Emergency Management Agency, as 

15 appropriate, may provide assistance to any State, local, 

16 or territorial government agency with jurisdiction over 

17 coral reef ecosystems to address any unforeseen or dis18 aster-related circumstance pertaining to coral reef eco19 systems.’’. 

20 SEC. 905. EMERGENCY RESPONSE, STABILIZATION, AND 

21 RESTORATION. 

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

23 follows: 


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1 ‘‘SEC. 207. EMERGENCY RESPONSE, STABILIZATION, AND 

2 RESTORATION. 

3 ‘‘(a) ESTABLISHMENT OF ACCOUNT.—The Secretary 

4 shall establish an account (to be called the ‘Emergency 

5 Response, Stabilization, and Restoration Account’) in the 

6 Damage Assessment Restoration Revolving Fund estab7 lished by the Department of Commerce Appropriations 

8 Act, 1991 (Public Law 101–515; 33 U.S.C. 2706 note), 

9 for implementation of this title for emergency actions. 

10 ‘‘(b) DEPOSITS.— 

11 ‘‘(1) DEPOSITS.—There shall be deposited in 

12 the Emergency Response, Stabilization, and Restora13 tion Account amounts as follows: 

14 ‘‘(A) Amounts appropriated for the Ac15 count. 

16 ‘‘(B) Amounts received by the United 

17 States pursuant to this title. 

18 ‘‘(C) Amounts otherwise authorized for de19 posit in the Account by this title. 

20 ‘‘(2) AVAILABILITY OF DEPOSITS.—Amounts 

21 deposited in the Account shall be available for use 

22 by the Secretary for emergency response, stabiliza23 tion, and restoration activities under this title.’’. 

24 SEC. 906. PROHIBITED ACTIVITIES. 

25 (a) IN GENERAL.—The Act (16 U.S.C. 6401 et seq.) 

26 is amended by inserting after section 207 the following: 


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1 ‘‘SEC. 208. PROHIBITED ACTIVITIES AND SCOPE OF PROHI2 BITIONS. 

3 ‘‘(a) PROVISIONS AS COMPLEMENTARY.—The provi4 sions of this section are in addition to, and shall not affect 

5 the operation of, other Federal, State, or local laws or reg6 ulations providing protection to coral reef ecosystems. 

7 ‘‘(b) DESTRUCTION, LOSS, TAKING, OR INJURY.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), it is unlawful for any person to destroy, 

10 take, cause the loss of, or injure any coral reef or 

11 any component thereof. 

12 ‘‘(2) EXCEPTIONS.—The destruction, loss, tak13 ing, or injury of a coral reef or any component 

14 thereof is not unlawful if it— 

15 ‘‘(A) was caused by the use of fishing gear 

16 used in a manner permitted under the Magnu17 son-Stevens Fishery Conservation and Manage18 ment Act (16 U.S.C. 1801 et seq.) or other 

19 Federal or State law; 

20 ‘‘(B) was caused by an activity that is au21 thorized or allowed by Federal or State law (in22 cluding lawful discharges from vessels, such as 

23 graywater, cooling water, engine exhaust, bal24 last water, or sewage from marine sanitation 

25 devices), unless the destruction, loss, or injury 

26 resulted from actions such as vessel groundings, 


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1 vessel scrapings, anchor damage, excavation not 

2 authorized by Federal or State permit, or other 

3 similar activities; 

4 ‘‘(C) was the necessary result of bona fide 

5 marine scientific research (including marine sci6 entific research activities approved by Federal, 

7 State, or local permits), other than excessive 

8 sampling or collecting, or actions such as vessel 

9 groundings, vessel scrapings, anchor damage, 

10 excavation, or other similar activities; 

11 ‘‘(D)(i) was caused by a Federal Govern12 ment agency during— 

13 ‘‘(I) an emergency that posed an un14 acceptable threat to human health or safe15 ty or to the marine environment; 

16 ‘‘(II) an emergency that posed a 

17 threat to national security; or 

18 ‘‘(III) an activity necessary for law 

19 enforcement or search and rescue; and 

20 ‘‘(ii) could not reasonably be avoided; or 

21 ‘‘(E) was caused by an action taken by the 

22 master of the vessel in an emergency situation 

23 to ensure the safety of the vessel or to save a 

24 life at sea. 


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1 ‘‘(c) INTERFERENCE WITH ENFORCEMENT.—It is 

2 unlawful for any person to interfere with the enforcement 

3 of this title by— 

4 ‘‘(1) refusing to permit any officer authorized 

5 to enforce this title to board a vessel (other than a 

6 vessel operated by the Department of Defense or 

7 United States Coast Guard) subject to such person’s 

8 control for the purposes of conducting any search or 

9 inspection in connection with the enforcement of this 

10 title; 

11 ‘‘(2) resisting, opposing, impeding, intimidating, 

12 harassing, bribing, interfering with, or forcibly as13 saulting any person authorized by the Secretary to 

14 implement this title or any such authorized officer in 

15 the conduct of any search or inspection performed 

16 under this title; or 

17 ‘‘(3) submitting false information to the Sec18 retary or any officer authorized to enforce this title 

19 in connection with any search or inspection con20 ducted under this title. 

21 ‘‘(d) VIOLATIONS OF TITLE, PERMIT, OR REGULA22 TION.—It is unlawful for any person to violate any provi23 sion of this title, any permit issued pursuant to this title, 

24 or any regulation promulgated pursuant to this title. 


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1 ‘‘(e) POSSESSION AND DISTRIBUTION.—It is unlaw2 ful for any person to possess, sell, deliver, carry, transport, 

3 or ship by any means any coral taken in violation of this 

4 title.’’. 

5 (b) EMERGENCY ACTION REGULATIONS.—The Sec6 retary of Commerce shall initiate a rulemaking proceeding 

7 to prescribe the circumstances and conditions under which 

8 the exception in section 208(b)(2)(E) of the Coral Reef 

9 Conservation Act of 2000, as added by subsection (a), ap10 plies and shall issue a final rule pursuant to that rule11 making as soon as practicable but not later than 1 year 

12 after the date of the enactment of this Act. Nothing in 

13 this subsection shall be construed to require the issuance 

14 of such regulations before the exception provided by that 

15 section is in effect. 

16 SEC. 907. DESTRUCTION OF CORAL REEFS. 

17 The Act (16 U.S.C. 6401 et seq.) is amended by in18 serting after section 208, as added by section 906 of this 

19 title, the following: 

20 ‘‘SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY 

21 TO, CORAL REEFS. 

22 ‘‘(a) LIABILITY.— 

23 ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex24 cept as provided in subsection (f), all persons who 

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1 sections (b) or (d) of section 208, or create an immi2 nent risk thereof, are liable, jointly and severally, to 

3 the United States for an amount equal to the sum 

4 of— 

5 ‘‘(A) response costs and damages resulting 

6 from the destruction, loss, taking, or injury, or 

7 imminent risk thereof, including damages re8 sulting from the response actions; 

9 ‘‘(B) costs of seizure, forfeiture, storage, 

10 and disposal arising from liability under this 

11 section; and 

12 ‘‘(C) interest on that amount calculated in 

13 the manner described in section 1005 of the Oil 

14 Pollution Act of 1990 (33 U.S.C. 2705). 

15 ‘‘(2) LIABILITY IN REM.— 

16 ‘‘(A) IN GENERAL.—Any vessel used in an 

17 activity that is prohibited under subsection (b) 

18 or (d) of section 208, or creates an imminent 

19 risk thereof, shall be liable in rem to the United 

20 States for an amount equal to the sum of— 

21 ‘‘(i) response costs and damages re22 sulting from such destruction, loss, or in23 jury, or imminent risk thereof, including 

24 damages resulting from the response ac25 tions; 


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1 ‘‘(ii) costs of seizure, forfeiture, stor2 age, and disposal arising from liability 

3 under this section; and 

4 ‘‘(iii) interest on that amount cal5 culated in the manner described in section 

6 1005 of the Oil Pollution Act of 1990 (33 

7 U.S.C. 2705). 

8 ‘‘(B) MARITIME LIENS.—The amount of li9 ability shall constitute a maritime lien on the 

10 vessel and may be recovered in an action in rem 

11 in any district court of the United States that 

12 has jurisdiction over the vessel. 

13 ‘‘(3) DEFENSES.—A person or vessel is not lia14 ble under this subsection if that person or vessel es15 tablishes that the destruction, loss, taking, or injury 

16 was caused solely by an act of God, an act of war, 

17 or an act or omission of a third party (other than 

18 an employee or agent of the defendant or one whose 

19 act or omission occurs in connection with a contrac20 tual relationship, existing directly or indirectly with 

21 the defendant), and the person or master of the ves22 sel acted with due care. 

23 ‘‘(4) NO LIMIT TO LIABILITY.—Nothing in 

24 chapter 305 or section 30706 of title 46, United 


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1 States Code, shall limit liability to any person under 

2 this title. 

3 ‘‘(b) RESPONSE ACTIONS AND DAMAGE ASSESS4 MENT.— 

5 ‘‘(1) RESPONSE ACTIONS.—The Secretary may 

6 undertake or authorize all necessary actions to pre7 vent or minimize the destruction, loss, or taking of, 

8 or injury to, coral reefs, or components thereof, or 

9 to minimize the risk or imminent risk of such de10 struction, loss, or injury. 

11 ‘‘(2) DAMAGE ASSESSMENT.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 assess damages to coral reefs and shall consult 

14 with State officials regarding response and 

15 damage assessment actions undertaken for 

16 coral reefs within State waters. 

17 ‘‘(B) PROHIBITION ON DOUBLE RECOV18 ERY.—There shall be no double recovery under 

19 this title for coral reef damages, including the 

20 cost of damage assessment, for the same inci21 dent. 

22 ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR RE23 SPONSE COSTS AND DAMAGES.— 

24 ‘‘(1) COMMENCEMENT.—The Attorney General, 

25 upon the request of the Secretary, may commence a 


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1 civil action against any person or vessel that may be 

2 liable under subsection (a) of this section for re3 sponse costs, seizure, forfeiture, storage, or disposal 

4 costs, and damages, and interest on that amount 

5 calculated in the manner described in section 1005 

6 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). 

7 The Secretary, acting as trustee for coral reefs for 

8 the United States, shall submit a request for such 

9 an action to the Attorney General whenever a person 

10 or vessel may be liable for such costs or damages. 

11 ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil action 

12 under this title may be brought in the United States 

13 district court for any district in which— 

14 ‘‘(A) the defendant is located, resides, or is 

15 doing business, in the case of an action against 

16 a person; 

17 ‘‘(B) the vessel is located, in the case of an 

18 action against a vessel; 

19 ‘‘(C) the destruction, loss, or taking of, or 

20 injury to a coral reef, or component thereof, oc21 curred or in which there is an imminent risk of 

22 such destruction, loss, or injury; or 

23 ‘‘(D) where some or all of the coral reef or 

24 component thereof that is the subject of the ac25 tion is not within the territory covered by any 


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1 United States district court, such action may be 

2 brought either in the United States district 

3 court for the district closest to the location 

4 where the destruction, loss, injury, or risk of in5 jury occurred, or in the United States District 

6 Court for the District of Columbia. 

7 ‘‘(d) USE OF RECOVERED AMOUNTS.— 

8 ‘‘(1) IN GENERAL.—Any costs, including re9 sponse costs and damages recovered by the Sec10 retary under this section shall— 

11 ‘‘(A) be deposited into an account or ac12 counts in the Damage Assessment Restoration 

13 Revolving Fund established by the Department 

14 of Commerce Appropriations Act, 1991 (33 

15 U.S.C. 2706 note), or the Natural Resource 

16 Damage Assessment and Restoration Fund es17 tablished by the Department of the Interior and 

18 Related Agencies Appropriations Act, 1992 (43 

19 U.S.C. 1474b), as appropriate given the loca20 tion of the violation; 

21 ‘‘(B) be available for use by the Secretary 

22 without further appropriation and remain avail23 able until expended; and 

24 ‘‘(C) be for use, as the Secretary considers 

25 appropriate— 


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1 ‘‘(i) to reimburse the Secretary or any 

2 other Federal or State agency that con3 ducted activities under subsection (a) or 

4 (b) of this section for costs incurred in 

5 conducting the activity; 

6 ‘‘(ii) to be transferred to the Emer7 gency Response, Stabilization, and Res8 toration Account established under section 

9 208(d) to reimburse that account for 

10 amounts used for authorized emergency ac11 tions; and 

12 ‘‘(iii) after reimbursement of such 

13 costs, to restore, replace, or acquire the 

14 equivalent of any coral reefs, or compo15 nents thereof, including the reasonable 

16 costs of monitoring, or to minimize or pre17 vent threats of equivalent injury to, or de18 struction of coral reefs, or components 

19 thereof. 

20 ‘‘(2) RESTORATION CONSIDERATIONS.—In de21 velopment of restoration alternatives under para22 graph (1)(C), the Secretary shall consider State and 

23 territorial preferences and, if appropriate, shall 

24 prioritize restoration projects with geographic and 

25 ecological linkages to the injured resources. 


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1 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re2 sponse costs or damages under subsection (c) shall be 

3 barred unless the complaint is filed not later than 3 years 

4 after the date on which the Secretary completes a damage 

5 assessment and restoration plan for the coral reefs, or 

6 components thereof, to which the action relates. 

7 ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In the 

8 event of threatened or actual destruction of, loss of, or 

9 injury to a coral reef or component thereof resulting from 

10 an incident caused by a component of any Department or 

11 agency of the United States Government, the cognizant 

12 Department or agency shall satisfy its obligations under 

13 this section by promptly, in coordination with the Sec14 retary, taking appropriate actions to respond to and miti15 gate the harm and restoring or replacing the coral reef 

16 or components thereof and reimbursing the Secretary for 

17 all assessment costs.’’. 

18 SEC. 908. ENFORCEMENT. 

19 The Act (16 U.S.C. 6401 et seq.) is amended by in20 serting after section 209, as added by section 907 of this 

21 title, the following: 

22 ‘‘SEC. 210. ENFORCEMENT. 

23 ‘‘(a) IN GENERAL.—The Secretary shall conduct en24 forcement activities to carry out this title. 

25 ‘‘(b) POWERS OF AUTHORIZED OFFICERS.— 


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1 ‘‘(1) IN GENERAL.—Any person who is author2 ized to enforce this title may— 

3 ‘‘(A) board, search, inspect, and seize any 

4 vessel or other conveyance suspected of being 

5 used to violate this title, any regulation promul6 gated under this title, or any permit issued 

7 under this title, and any equipment, stores, and 

8 cargo of such vessel, except that such authority 

9 shall not exist with respect to vessels owned or 

10 time chartered by a uniformed service (as de11 fined in section 101 of title 10, United States 

12 Code) as warships or naval auxiliaries; 

13 ‘‘(B) seize wherever found any component 

14 of coral reef taken or retained in violation of 

15 this title, any regulation promulgated under 

16 this title, or any permit issued under this title; 

17 ‘‘(C) seize any evidence of a violation of 

18 this title, any regulation promulgated under 

19 this title, or any permit issued under this title; 

20 ‘‘(D) execute any warrant or other process 

21 issued by any court of competent jurisdiction; 

22 ‘‘(E) exercise any other lawful authority; 

23 and 


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1 ‘‘(F) arrest any person, if there is reason2 able cause to believe that such person has com3 mitted an act prohibited by section 208. 

4 ‘‘(2) NAVAL AUXILIARY DEFINED.—In this sub5 section, the term ‘naval auxiliary’ means a vessel, 

6 other than a warship, that is owned by or under the 

7 exclusive control of a uniformed service and used at 

8 the time of the destruction, take, loss, or injury for 

9 government, non-commercial service, including com10 bat logistics force vessels, pre-positioned vessels, spe11 cial mission vessels, or vessels exclusively used to 

12 transport military supplies and materials. 

13 ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC14 TIONS.— 

15 ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.— 

16 ‘‘(A) IN GENERAL.—Any person subject to 

17 the jurisdiction of the United States who vio18 lates this title or any regulation promulgated or 

19 permit issued hereunder, shall be liable to the 

20 United States for a civil administrative penalty 

21 of not more than $200,000 for each such viola22 tion, to be assessed by the Secretary. 

23 ‘‘(B) CONTINUING VIOLATIONS.—Each day 

24 of a continuing violation shall constitute a sepa25 rate violation. 


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1 ‘‘(C) DETERMINATION OF AMOUNT.—In 

2 determining the amount of civil administrative 

3 penalty, the Secretary shall take into account 

4 the nature, circumstances, extent, and gravity 

5 of the prohibited acts committed and, with re6 spect to the violator, the degree of culpability, 

7 and any history of prior violations, and such 

8 other matters as justice may require. 

9 ‘‘(D) CONSIDERATION OF ABILITY TO

10 PAY.—In assessing such penalty, the Secretary 

11 may also consider information related to the 

12 ability of the violator to pay. 

13 ‘‘(2) PERMIT SANCTIONS.—For any person sub14 ject to the jurisdiction of the United States who has 

15 been issued or has applied for a permit under this 

16 title, and who violates this title or any regulation or 

17 permit issued under this title, the Secretary may 

18 deny, suspend, amend, or revoke in whole or in part 

19 any such permit. For any person who has failed to 

20 pay or defaulted on a payment agreement of any 

21 civil penalty or criminal fine or liability assessed 

22 pursuant to any natural resource law administered 

23 by the Secretary, the Secretary may deny, suspend, 

24 amend or revoke in whole or in part any permit 

25 issued or applied for under this title. 


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1 ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN2 ALTIES.— 

3 ‘‘(A) IN GENERAL.—Any person who vio4 lates any provision of this title, any regulation 

5 promulgated or permit issued thereunder, shall 

6 be subject to a civil judicial penalty not to ex7 ceed $250,000 for each such violation. 

8 ‘‘(B) CONTINUING VIOLATIONS.—Each day 

9 of a continuing violation shall constitute a sepa10 rate violation. 

11 ‘‘(C) CIVIL ACTIONS.—The Attorney Gen12 eral, upon the request of the Secretary, may 

13 commence a civil action in an appropriate dis14 trict court of the United States, and such court 

15 shall have jurisdiction to award civil penalties 

16 and such other relief as justice may require. 

17 ‘‘(D) AMOUNTS OF CIVIL PENALTIES.—In 

18 determining the amount of a civil penalty, the 

19 court shall take into account the nature, cir20 cumstances, extent, and gravity of the prohib21 ited acts committed and, with respect to the vi22 olator, the degree of culpability, any history of 

23 prior violations, and such other matters as jus24 tice may require. 


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1 ‘‘(E) CONSIDERATION OF ABILITY TO

2 PAY.—In imposing such penalty, the district 

3 court may also consider information related to 

4 the ability of the violator to pay. 

5 ‘‘(4) NOTICE.—No penalty or permit sanction 

6 shall be assessed under this subsection until after 

7 the person charged has been given notice and an op8 portunity for a hearing. 

9 ‘‘(5) IN REM JURISDICTION.—A vessel used in 

10 violating this title, any regulation promulgated under 

11 this title, or any permit issued under this title, shall 

12 be liable in rem for any civil penalty assessed for 

13 such violation. Such penalty shall constitute a mari14 time lien on the vessel and may be recovered in an 

15 action in rem in the district court of the United 

16 States having jurisdiction over the vessel. 

17 ‘‘(6) COLLECTION OF PENALTIES.— 

18 ‘‘(A) IN GENERAL.—If any person fails to 

19 pay an assessment of a civil penalty under this 

20 section after it has become a final and 

21 unappealable order, or after the appropriate 

22 court has entered final judgment in favor of the 

23 Secretary, the Secretary shall refer the matter 

24 to the Attorney General, who shall recover the 

25 amount assessed in any appropriate district 


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1 court of the United States (plus interest at cur2 rent prevailing rates from the date of the final 

3 order). 

4 ‘‘(B) NOT SUBJECT TO REVIEW.—In such 

5 action, the validity and appropriateness of the 

6 final order imposing the civil penalty shall not 

7 be subject to review. 

8 ‘‘(C) ATTORNEY’S FEES, COSTS, AND NON9 PAYMENT PENALTY.— 

10 ‘‘(i) IN GENERAL.—Any person who 

11 fails to pay, on a timely basis, the amount 

12 of an assessment of a civil penalty shall be 

13 required to pay, in addition to such 

14 amount and interest, attorney’s fees and 

15 costs for collection proceedings and a quar16 terly nonpayment penalty for each quarter 

17 during which such failure to pay persists. 

18 ‘‘(ii) AMOUNT OF NONPAYMENT PEN19 ALTY.—Such nonpayment penalty shall be 

20 in an amount equal to 20 percent of the 

21 aggregate amount of such person’s pen22 alties and nonpayment penalties that are 

23 unpaid as of the beginning of such quarter. 

24 ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC25 RETARY.—The Secretary may compromise, modify, 


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1 or remit, with or without conditions, any civil admin2 istrative penalty or permit sanction which is or may 

3 be imposed under this section and that has not been 

4 referred to the Attorney General for further enforce5 ment action. 

6 ‘‘(8) JURISDICTION.— 

7 ‘‘(A) IN GENERAL.—The several district 

8 courts of the United States shall have jurisdic9 tion over any actions brought by the United 

10 States arising under this section. 

11 ‘‘(B) AMERICAN SAMOA.—For the purpose 

12 of this section, American Samoa shall be in13 cluded within the judicial district of the District 

14 Court of the United States for the District of 

15 Hawaii. 

16 ‘‘(C) TREATMENT OF VIOLATIONS.—Each 

17 violation shall be a separate offense and the of18 fense shall be deemed to have been committed 

19 not only in the district where the violation first 

20 occurred, but also in any other district as au21 thorized by law. 

22 ‘‘(d) FORFEITURE.— 

23 ‘‘(1) CRIMINAL FORFEITURE.— 


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1 ‘‘(A) IN GENERAL.—A person who is con2 victed of an offense in violation of this title 

3 shall forfeit to the United States— 

4 ‘‘(i) any property, real or personal, 

5 constituting or traceable to the gross pro6 ceeds taken, obtained, or retained, in con7 nection with or as a result of the offense, 

8 including, without limitation, any coral reef 

9 or coral reef component (or the fair market 

10 value thereof); and 

11 ‘‘(ii) any property, real or personal, 

12 used or intended to be used, in any man13 ner, to commit or facilitate the commission 

14 of the offense, including, without limita15 tion, any vessel (including the vessel’s 

16 equipment, stores, catch and cargo), vehi17 cle, aircraft, or other means of transpor18 tation. 

19 ‘‘(B) APPLICATION OF CERTAIN PROVI20 SIONS OF CONTROLLED SUBSTANCES ACT.— 

21 Pursuant to section 2461(c) of title 28, United 

22 States Code, the provisions of section 413 of 

23 the Controlled Substances Act (21 U.S.C. 853) 

24 other than subsection (d) thereof shall apply to 

25 criminal forfeitures under this section. 


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1 ‘‘(2) CIVIL FORFEITURE.—The property set 

2 forth below shall be subject to forfeiture to the 

3 United States in accordance with the provisions of 

4 chapter 46 of title 18, United States Code, and no 

5 property right shall exist in it: 

6 ‘‘(A) Any property, real or personal, con7 stituting or traceable to the gross proceeds 

8 taken, obtained, or retained, in connection with 

9 or as a result of a violation of this title, includ10 ing, without limitation, any coral reef or coral 

11 reef component (or the fair market value there12 of). 

13 ‘‘(B) Any property, real or personal, used 

14 or intended to be used, in any manner, to com15 mit or facilitate the commission of a violation of 

16 this title, including, without limitation, any ves17 sel (including the vessel’s equipment, stores, 

18 catch and cargo), vehicle, aircraft, or other 

19 means of transportation. 

20 ‘‘(3) APPLICATION OF CUSTOMS LAWS.— 

21 ‘‘(A) IN GENERAL.—All provisions of law 

22 relating to seizure, summary judgment, and ju23 dicial forfeiture and condemnation for violation 

24 of the customs laws, the disposition of the prop25 erty forfeited or condemned or the proceeds 


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1 from the sale thereof, the remission or mitiga2 tion of such forfeitures, and the compromise of 

3 claims shall apply to seizures and forfeitures in4 curred, or alleged to have been incurred, under 

5 the provisions of this title, insofar as applicable 

6 and not inconsistent with the provisions hereof. 

7 ‘‘(B) AUTHORITY FOR ACTIONS BY SEC8 RETARY.—For seizures and forfeitures of prop9 erty under this section by the Secretary, such 

10 duties as are imposed upon the customs officer 

11 or any other person with respect to the seizure 

12 and forfeiture of property under the customs 

13 law may be performed by such officers as are 

14 designated by the Secretary or, upon request of 

15 the Secretary, by any other agency that has au16 thority to manage and dispose of seized prop17 erty. 

18 ‘‘(4) PRESUMPTION.—For the purposes of this 

19 section there is a rebuttable presumption that all 

20 coral reefs, or components thereof, found on board 

21 a vessel that is used or seized in connection with a 

22 violation of this title or of any regulation promul23 gated under this title were taken, obtained, or re24 tained in violation of this title or of a regulation pro25 mulgated under this title. 


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1 ‘‘(e) PAYMENT OF STORAGE, CARE, AND OTHER

2 COSTS.—Any person assessed a civil penalty for a viola3 tion of this title or of any regulation promulgated under 

4 this title and any claimant in a forfeiture action brought 

5 for such a violation, shall be liable for the reasonable costs 

6 incurred by the Secretary in storage, care, and mainte7 nance of any property seized in connection with the viola8 tion. 

9 ‘‘(f) EXPENDITURES.— 

10 ‘‘(1) DEPOSIT AND AVAILABILITY.—Notwith11 standing section 3302 of title 31, United States 

12 Code, or section 311 of the Magnuson-Stevens Fish13 ery Conservation and Management Act (16 U.S.C. 

14 1861), amounts received by the United States as 

15 civil penalties under subsection (c) of this section, 

16 forfeitures of property under subsection (d) of this 

17 section, and costs imposed under subsection (e) of 

18 this section, shall— 

19 ‘‘(A) be placed into an account; 

20 ‘‘(B) be available for use by the Secretary 

21 without further appropriation; and 

22 ‘‘(C) remain available until expended. 

23 ‘‘(2) USE OF FORFEITURES AND COSTS.— 

24 Amounts received under this section for forfeitures 

25 under subsection (d) and costs imposed under subVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 section (e) shall be used to pay the reasonable and 

2 necessary costs incurred by the Secretary to provide 

3 temporary storage, care, maintenance, and disposal 

4 of any property seized in connection with a violation 

5 of this title or any regulation promulgated under 

6 this title. 

7 ‘‘(3) USE OF CIVIL PENALTIES.—Amounts re8 ceived under this section as civil penalties under sub9 section (c) of this section and any amounts remain10 ing after the operation of paragraph (2) of this sub11 section shall— 

12 ‘‘(A) be used to stabilize, restore, or other13 wise manage the coral reef with respect to 

14 which the violation occurred that resulted in the 

15 penalty or forfeiture; 

16 ‘‘(B) be transferred to the Emergency Re17 sponse, Stabilization, and Restoration Account 

18 established under section 207(a) or an account 

19 described in section 209(d)(1), to reimburse 

20 such account for amounts used for authorized 

21 emergency actions; 

22 ‘‘(C) be used to conduct monitoring and 

23 enforcement activities; 

24 ‘‘(D) be used to conduct research on tech25 niques to stabilize and restore coral reefs; 


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1 ‘‘(E) be used to conduct activities that pre2 vent or reduce the likelihood of future damage 

3 to coral reefs; 

4 ‘‘(F) be used to stabilize, restore or other5 wise manage any other coral reef; or 

6 ‘‘(G) be used to pay a reward to any per7 son who furnishes information leading to an as8 sessment of a civil penalty, or to a forfeiture of 

9 property, for a violation of this title or any reg10 ulation promulgated under this title. 

11 ‘‘(g) CRIMINAL ENFORCEMENT.— 

12 ‘‘(1) INTERFERENCE WITH ENFORCEMENT.— 

13 Any person (other than a foreign government or any 

14 entity of such government) who knowingly commits 

15 any act prohibited by section 208(c) of this title 

16 shall be imprisoned for not more than 5 years and 

17 shall be fined not more than $500,000 for individ18 uals or $1,000,000 for an organization; except that 

19 if in the commission of any such offense the indi20 vidual uses a dangerous weapon, engages in conduct 

21 that causes bodily injury to any officer authorized to 

22 enforce the provisions of this title, or places any 

23 such officer in fear of imminent bodily injury, the 

24 maximum term of imprisonment is not more than 10 

25 years. 


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1 ‘‘(2) OTHER KNOWING VIOLATIONS .—Any per2 son (other than a foreign government or any entity 

3 of such government) who knowingly violates sub4 section (b), (d), or (e) of section 208 shall be fined 

5 under title 18, United States Code, or imprisoned 

6 not more than 5 years or both. 

7 ‘‘(3) OTHER UNKNOWING VIOLATIONS.—Any 

8 person (other than a foreign government or any enti9 ty of such government) who violates subsection (b), 

10 (d), or (e) of section 208, and who, in the exercise 

11 of due care should know that such person’s conduct 

12 violates subsection (b), (d), or (e) of section 208, 

13 shall be fined under title 18, United States Code, or 

14 imprisoned not more than 1 year, or both. 

15 ‘‘(4) JURISDICTION.— 

16 ‘‘(A) IN GENERAL.—The several district 

17 courts of the United States shall have jurisdic18 tion over any actions brought by the United 

19 States arising under this subsection. 

20 ‘‘(B) AMERICAN SAMOA.—For the purpose 

21 of this subsection, American Samoa shall be in22 cluded within the judicial district of the District 

23 Court of the United States for the District of 

24 Hawaii. 


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1 ‘‘(C) TREATMENT OF VIOLATIONS.—Each 

2 violation shall be a separate offense and the of3 fense shall be deemed to have been committed 

4 not only in the district where the violation first 

5 occurred, but also in any other district as au6 thorized by law. Any offenses not committed in 

7 any district are subject to the venue provisions 

8 of section 3238 of title 18, United States Code. 

9 ‘‘(h) SUBPOENAS.—In the case of any investigation 

10 or hearing under this section or any other natural resource 

11 statute administered by the Under Secretary for Oceans 

12 and Atmosphere which is determined on the record in ac13 cordance with the procedures provided for under section 

14 554 of title 5, United States Code, the Secretary may 

15 issue subpoenas for the attendance and testimony of wit16 nesses and the production of relevant papers, books, elec17 tronic files, and documents, and may administer oaths. 

18 ‘‘(i) COAST GUARD AUTHORITY NOT LIMITED.— 

19 Nothing in this section shall be considered to limit the au20 thority of the Coast Guard to enforce this or any other 

21 Federal law under section 89 of title 14, United States 

22 Code. 

23 ‘‘(j) INJUNCTIVE RELIEF.— 

24 ‘‘(1) INJUNCTIVE RELIEF BY SECRETARY.— 


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1 ‘‘(A) IN GENERAL.—If the Secretary deter2 mines that there is an imminent risk of destruc3 tion or loss of or injury to a coral reef, or that 

4 there has been actual destruction or loss of, or 

5 injury to, a coral reef which may give rise to li6 ability under section 209 of this title, the Attor7 ney General, upon request of the Secretary, 

8 shall seek to obtain such relief as may be nec9 essary to abate such risk or actual destruction, 

10 loss, or injury, or to restore or replace the coral 

11 reef, or both. 

12 ‘‘(B) JURISDICTION.—The district courts 

13 of the Unites States shall have jurisdiction in 

14 such a case to order such relief as the public in15 terest and the equities of the case may require. 

16 ‘‘(2) INJUNCTIVE RELIEF BY ATTORNEY GEN17 ERAL.—Upon the request of the Secretary, the At18 torney General may seek to enjoin any person who 

19 is alleged to be in violation of any provision of this 

20 title, or any regulation or permit issued under this 

21 title, and the district courts shall have jurisdiction to 

22 grant such relief. 

23 ‘‘(k) AREA OF APPLICATION AND ENFORCE24 ABILITY.—The area of application and enforceability of 

25 this title includes the internal waters of the United States, 


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1 the territorial sea of the United States, as described in 

2 Presidential Proclamation 5928 of December 27, 1988, 

3 the Exclusive Economic Zone of the United States as de4 scribed in Presidential Proclamation 5030 of March 10, 

5 1983, and the continental shelf, consistent with inter6 national law. 

7 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac8 tion by the United States under this title, process may 

9 be served in any district where the defendant is found, 

10 resides, transacts business, or has appointed an agent for 

11 the service of process, and for civil cases may also be 

12 served in a place not within the United States in accord13 ance with rule 4 of the Federal Rules of Civil Procedure. 

14 ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil action 

15 under this title may be brought in the United States dis16 trict court for any district in which— 

17 ‘‘(1) the defendant is located, resides, or is 

18 doing business, in the case of an action against a 

19 person; 

20 ‘‘(2) the vessel is located, in the case of an ac21 tion against a vessel; 

22 ‘‘(3) the destruction of, loss of, or injury to a 

23 coral reef, or component thereof, occurred or in 

24 which there is an imminent risk of such destruction, 

25 loss, or injury; or 


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1 ‘‘(4) where some or all of the coral reef or com2 ponent thereof that is the subject of the action is not 

3 within the territory covered by any United States 

4 district court, such action may be brought either in 

5 the United States district court for the district clos6 est to the location where the destruction, loss, in7 jury, or risk of injury occurred, or in the United 

8 States District Court for the District of Columbia. 

9 ‘‘(n) UNIFORMED SERVICE OFFICERS AND EMPLOY10 EES.—No officer or employee of a uniformed service (as 

11 defined in section 101 of title 10, United States Code) 

12 shall be held liable under this section, either in such offi13 cer’s or employee’s personal or official capacity, for any 

14 violation of section 208 occurring during the performance 

15 of the officer’s or employee’s official governmental duties. 

16 ‘‘(o) CONTRACT EMPLOYEES.—No contract employee 

17 of a uniformed service (as so defined), serving as vessel 

18 master or crew member, shall be liable under this section 

19 for any violation of section 208 if that contract em20 ployee— 

21 ‘‘(1) is acting as a contract employee of a uni22 formed service under the terms of an operating con23 tract for a vessel owned by a uniformed service, or 

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1 sion vessels, or vessels exclusively transporting mili2 tary supplies and materials; and 

3 ‘‘(2) is engaged in an action or actions over 

4 which such employee has been given no discretion 

5 (e.g., anchoring or mooring at one or more des6 ignated anchorages or buoys, or executing specific 

7 operational elements of a special mission activity), as 

8 determined by the uniformed service controlling the 

9 contract.’’. 

10 SEC. 909. REGULATIONS. 

11 The Act (16 U.S.C. 6401 et seq.) is amended by in12 serting after section 210, as added by section 908 of this 

13 title, the following: 

14 ‘‘SEC. 211. REGULATIONS. 

15 ‘‘(a) IN GENERAL.—The Secretary may issue such 

16 regulations as are necessary and appropriate to carry out 

17 the purposes of this title. 

18 ‘‘(b) APPLICATION IN ACCORDANCE WITH INTER19 NATIONAL LAW.—This title and any regulations promul20 gated under this title shall be applied in accordance with 

21 international law. 

22 ‘‘(c) LIMITATIONS WITH RESPECT TO CITIZENSHIP

23 STATUS.—No restrictions shall apply to or be enforced 

24 against a person who is not a citizen, national, or resident 


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1 alien of the United States (including foreign flag vessels) 

2 unless in accordance with international law.’’. 

3 SEC. 910. JUDICIAL REVIEW. 

4 The Act (16 U.S.C. 6401 et seq.) is amended by in5 serting after section 211, as added by section 909 of this 

6 title, the following: 

7 ‘‘SEC. 212. JUDICIAL REVIEW. 

8 ‘‘(a) IN GENERAL.—Chapter 7 of title 5, United 

9 States Code, is not applicable to any action taken by the 

10 Secretary under this title, except that— 

11 ‘‘(1) review of any final agency action of the 

12 Secretary taken pursuant to sections 210(c)(1) and 

13 210(c)(2) may be had only by the filing of a com14 plaint by an interested person in the United States 

15 District Court for the appropriate district; any such 

16 complaint must be filed within 30 days of the date 

17 such final agency action is taken; and 

18 ‘‘(2) review of any final agency action of the 

19 Secretary taken pursuant to other provisions of this 

20 title may be had by the filing of a petition for review 

21 by an interested person in the Circuit Court of Ap22 peals of the United States for the federal judicial 

23 district in which such person resides or transact 

24 business which is directly affected by the action 


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1 taken; such petition shall be filed within 120 days 

2 from the date such final agency action is taken. 

3 ‘‘(b) NO REVIEW IN ENFORCEMENT PRO4 CEEDINGS.—Final agency action with respect to which re5 view could have been obtained under subsection (a)(2) 

6 shall not be subject to judicial review in any civil or crimi7 nal proceeding for enforcement. 

8 ‘‘(c) COST OF LITIGATION.—In any judicial pro9 ceeding under subsection (a), the court may award costs 

10 of litigation (including reasonable attorney and expert wit11 ness fees) to any prevailing party whenever it determines 

12 that such award is appropriate.’’. 

13 DIVISION B—REDUCING OIL 

14 CONSUMPTION AND IMPROV15 ING ENERGY SECURITY 

16 TITLE XX—NATURAL GAS VEHI17 CLE AND INFRASTRUCTURE 

18 DEVELOPMENT 

19 SEC. 2001. DEFINITIONS. 

20 In this title: 

21 (1) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Department of Energy. 

23 (2) INCREMENTAL COST.—The term ‘‘incre24 mental cost’’ means the difference between— 


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1 (A) the suggested retail price of a manu2 facturer for a qualified alternative fuel vehicle; 

3 and 

4 (B) the suggested retail price of a manu5 facturer for a vehicle that is— 

6 (i) powered solely by a gasoline or die7 sel internal combustion engine; and 

8 (ii) comparable in weight, size, and 

9 use to the vehicle. 

10 (3) MIXED-FUEL VEHICLE.—The term ‘‘mixed11 fuel vehicle’’ means a mixed-fuel vehicle (as defined 

12 in section 30B(e)(5)(B) of the Internal Revenue 

13 Code of 1986) (including vehicles with a gross vehi14 cle weight rating of 14,000 pounds or less) that uses 

15 a fuel mix that is comprised of at least 75 percent 

16 compressed natural gas or liquefied natural gas. 

17 (4) NATURAL GAS REFUELING PROPERTY.— 

18 The term ‘‘natural gas refueling property’’ means 

19 units that dispense at least 85 percent by volume of 

20 natural gas, compressed natural gas, or liquefied 

21 natural gas as a transportation fuel. 

22 (5) QUALIFIED ALTERNATIVE FUEL VEHI23 CLE.—The term ‘‘qualified alternative fuel vehicle’’ 

24 means a vehicle manufactured for use in the United 

25 States that is— 


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1 (A) a new compressed natural gas- or liq2 uefied natural gas-fueled vehicle that is only ca3 pable of operating on natural gas; 

4 (B) a vehicle that is capable of operating 

5 for more than 175 miles on 1 fueling of com6 pressed or liquefied natural gas and is capable 

7 of operating on gasoline or diesel fuel, including 

8 vehicles with a gross vehicle weight rating of 

9 14,000 pounds or less. 

10 (6) QUALIFIED MANUFACTURER.—The term 

11 ‘‘qualified manufacturer’’ means a manufacturer of 

12 qualified alternative fuel vehicles or any component 

13 designed specifically for use in a qualified alternative 

14 fuel vehicle. 

15 (7) QUALIFIED OWNER.—The term ‘‘qualified 

16 owner’’ means an individual that purchases a quali17 fied alternative fuel vehicle for use or lease in the 

18 United States but not for resale. 

19 (8) QUALIFIED REFUELER.—The term ‘‘quali20 fied refueler’’ means the owner or operator of nat21 ural gas refueling property. 

22 (9) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 


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1 SEC. 2002. PROGRAM ESTABLISHMENT. 

2 (a) IN GENERAL.—There is established within the 

3 Department a Natural Gas Vehicle and Infrastructure De4 velopment Program for the purpose of facilitating the use 

5 of natural gas in the United States as an alternative 

6 transportation fuel, in order to achieve the maximum fea7 sible reduction in domestic oil use. 

8 (b) CONVERSION OR REPOWERING OF VEHICLES.— 

9 The Secretary shall establish a rebate program under this 

10 title for qualified owners who convert or repower a conven11 tionally fueled vehicle to operate on compressed natural 

12 gas or liquefied natural gas, or to a mixed-fuel vehicle or 

13 a bi-fuel vehicle. 

14 SEC. 2003. REBATES. 

15 (a) INTERIM FINAL RULE.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the date of enactment of this Act, the Secretary 

18 shall promulgate an interim final rule establishing 

19 regulations that the Secretary considers necessary to 

20 administer the rebates required under this section. 

21 (2) ADMINISTRATION.—The interim final rule 

22 shall establish a program that provides— 

23 (A) rebates to qualified owners for the pur24 chase of qualified alternative fuel vehicles; and 

25 (B) priority to those vehicles that the Sec26 retary determines are most likely to achieve the 


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1 shortest payback time on investment and the 

2 greatest market penetration for natural gas ve3 hicles. 

4 (3) ALLOCATION.—Of the amount allocated for 

5 rebates under this section, not more than 25 percent 

6 shall be used to provide rebates to qualified owners 

7 for the purchase of qualified alternative fuel vehicles 

8 that have a gross vehicle rating of not more than 

9 8,500 pounds. 

10 (b) REBATES.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 the Secretary shall provide rebates for 90 percent of 

13 the incremental cost of a qualified alternative fuel 

14 vehicle to a qualified owner for the purchase of a 

15 qualified alternative fuel vehicles. 

16 (2) MAXIMUM VALUES.— 

17 (A) NATURAL GAS VEHICLES.—The max18 imum value of a rebate under this section pro19 vided to a qualified owner who places a quali20 fied alternative fuel vehicle into service by 2013 

21 shall be— 

22 (i) $8,000 for each qualified alter23 native fuel vehicle with a gross vehicle 

24 weight rating of not more than 8,500 

25 pounds; 


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1 (ii) $16,000 for each qualified alter2 native fuel vehicle with a gross vehicle 

3 weight rating of more than 8,500 but not 

4 more than 14,000 pounds; 

5 (iii) $40,000 for each qualified alter6 native fuel vehicle with a gross vehicle 

7 weight rating of more than 14,000 but not 

8 more than 26,000 pounds; and 

9 (iv) $64,000 for each qualified alter10 native fuel vehicle with a gross vehicle 

11 weight rating of more than 26,000 pounds. 

12 (B) MIXED–FUEL VEHICLES.—The max13 imum value of a rebate under this section pro14 vided to a qualified owner who places a quali15 fied alternative fuel vehicle that is a mixed-fuel 

16 vehicle into service by 2015 shall be 75 percent 

17 of the amount provided for rebates under this 

18 section for vehicles that are only capable of op19 erating on natural gas. 

20 (C) BI-FUEL VEHICLES.—The maximum 

21 value of a rebate under this section provided to 

22 a qualified owner of a vehicle described in sec23 tion 2001(5)(B) shall be 50 percent of the 

24 amount provided for rebates under this section 


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1 for vehicles that are only capable of operating 

2 on natural gas. 

3 (c) TREATMENT OF REBATES.—For purposes of the 

4 Internal Revenue Code of 1986, rebates received for quali5 fied alternative fuel vehicles under this section— 

6 (1) shall not be considered taxable income to a 

7 qualified owner; 

8 (2) shall prohibit the qualified owner from ap9 plying for any tax credit allowed under that Code for 

10 the same qualified alternative fuel vehicle; and 

11 (3) shall be considered a credit described in 

12 paragraph (2) for purposes of any limitation on the 

13 amount of the credit. 

14 (d) FUNDING.— 

15 (1) IN GENERAL.—On October 1, 2010, out of 

16 any funds in the Treasury not otherwise appro17 priated, the Secretary of the Treasury shall transfer 

18 to the Secretary to carry out this section 

19 $3,800,000,000, to remain available until expended. 

20 (2) RECEIPT AND ACCEPTANCE.—The Sec21 retary shall be entitled to receive, shall accept, and 

22 shall use to carry out this section the funds trans23 ferred under paragraph (1), without further appro24 priation. 


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1 SEC. 2004. INFRASTRUCTURE AND DEVELOPMENT GRANTS. 

2 (a) INTERIM FINAL RULE.—Not later than 60 days 

3 after the date of enactment of this Act, the Secretary shall 

4 promulgate an interim final rule establishing an infra5 structure deployment program and a manufacturing devel6 opment program, and any implementing regulations that 

7 the Secretary considers necessary, to achieve the max8 imum practicable cost-effective program to provide grants 

9 under this section. 

10 (b) GRANTS.—The Secretary shall provide— 

11 (1) grants of up to $50,000 per unit to quali12 fied refuelers for the installation of natural gas re13 fueling property placed in service between 2011 and 

14 2015; and 

15 (2) grants in amounts determined to be appro16 priate by the Secretary to qualified manufacturers 

17 for research, development, and demonstration 

18 projects on engines with reduced emissions, im19 proved performance, and lower cost. 

20 (c) COST SHARING.—Grants under this section shall 

21 be subject to the cost-sharing requirements of section 988 

22 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 

23 (d) MONITORING.—The Secretary shall— 

24 (1) require regular reporting of such informa25 tion as the Secretary considers necessary to effecVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 tively administer the program from grant recipients 

2 under this section; and 

3 (2) conduct on-site and off-site monitoring to 

4 ensure compliance with grant terms. 

5 (e) FUNDING.— 

6 (1) IN GENERAL.—On October 1, 2010, out of 

7 any funds in the Treasury not otherwise appro8 priated, the Secretary of the Treasury shall transfer 

9 to the Secretary to carry out this section 

10 $500,000,000, to remain available until expended. 

11 (2) RECEIPT AND ACCEPTANCE.—The Sec12 retary shall be entitled to receive, shall accept, and 

13 shall use to carry out this section the funds trans14 ferred under paragraph (1), without further appro15 priation. 

16 SEC. 2005. LOAN PROGRAM TO ENHANCE DOMESTIC MANU17 FACTURING. 

18 (a) INTERIM FINAL RULE.—Not later than 60 days 

19 after the date of enactment of this Act, the Secretary shall 

20 promulgate an interim final rule establishing a direct loan 

21 program to provide loans to qualified manufacturers to 

22 pay not more than 80 percent of the cost of reequipping, 

23 expanding, or establishing a facility in the United States 

24 that will be used for the purpose of producing any new 


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1 qualified alternative fuel motor vehicle or any eligible com2 ponent. 

3 (b) OVERALL COMMITMENT LIMIT.—Commitments 

4 for direct loans under this section shall not exceed 

5 $2,000,000,000 in total loan principal. 

6 (c) COST OF DIRECT LOANS.—The cost of direct 

7 loans under this section (including the cost of modifying 

8 the loans) shall be determined in accordance with section 

9 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

10 661a). 

11 (d) ADDITIONAL FINANCIAL AND TECHNICAL PER12 SONNEL.—Section 621(d) of the Department of Energy 

13 Organization Act (42 U.S.C. 7231(d)) is amended by 

14 striking ‘‘two hundred’’ and inserting ‘‘250’’. 

15 (e) FUNDING.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, on October 1, 2010, out of any 

18 funds in the Treasury not otherwise appropriated, 

19 the Secretary of the Treasury shall transfer to the 

20 Secretary for the cost of loans to carry out this sec21 tion $200,000,000, to remain available until ex22 pended. 

23 (2) RECEIPT AND ACCEPTANCE.—The Sec24 retary shall be entitled to receive, shall accept, and 

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1 ferred under paragraph (1), without further appro2 priation. 

3 TITLE XXI—PROMOTING 

4 ELECTRIC VEHICLES 

5 SEC. 2101. SHORT TITLE. 

6 This title may be cited as the ‘‘Promoting Electric 

7 Vehicles Act of 2010’’. 

8 SEC. 2102. DEFINITIONS. 

9 In this title: 

10 (1) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given the term ‘‘Executive agency’’ in sec12 tion 105 of title 5, United States Code. 

13 (2) CHARGING INFRASTRUCTURE.—The term 

14 ‘‘charging infrastructure’’ means any property (not 

15 including a building) if the property is used for the 

16 recharging of plug-in electric drive vehicles, includ17 ing electrical panel upgrades, wiring, conduit, 

18 trenching, pedestals, and related equipment. 

19 (3) COMMITTEE.—The term ‘‘Committee’’ 

20 means the Plug-in Electric Drive Vehicle Technical 

21 Advisory Committee established by section 2134. 

22 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de23 ployment community’’ means a community selected 

24 by the Secretary to be part of the targeted plug-in 


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1 electric drive vehicles deployment communities pro2 gram under section 2116. 

3 (5) ELECTRIC UTILITY.—The term ‘‘electric 

4 utility’’ has the meaning given the term in section 

5 3 of the Public Utility Regulatory Policies Act of 

6 1978 (16 U.S.C. 2602). 

7 (6) FEDERAL-AID SYSTEM OF HIGHWAYS.—The 

8 term ‘‘Federal-aid system of highways’’ means a 

9 highway system described in section 103 of title 23, 

10 United States Code. 

11 (7) PLUG-IN ELECTRIC DRIVE VEHICLE.— 

12 (A) IN GENERAL.—The term ‘‘plug-in elec13 tric drive vehicle’’ has the meaning given the 

14 term in section 131(a)(5) of the Energy Inde15 pendence and Security Act of 2007 (42 U.S.C. 

16 17011(a)(5)). 

17 (B) INCLUSIONS.—The term ‘‘plug-in elec18 tric drive vehicle’’ includes— 

19 (i) low speed plug-in electric drive ve20 hicles that meet the Federal Motor Vehicle 

21 Safety Standards described in section 

22 571.500 of title 49, Code of Federal Regu23 lations (or successor regulations); and 

24 (ii) any other electric drive motor ve25 hicle that can be recharged from an exterVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 nal source of motive power and that is au2 thorized to travel on the Federal-aid sys3 tem of highways. 

4 (8) PRIZE.—The term ‘‘Prize’’ means the Ad5 vanced Batteries for Tomorrow Prize established by 

6 section 2122. 

7 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (10) TASK FORCE.—The term ‘‘Task Force’’ 

10 means the Plug-in Electric Drive Vehicle Inter11 agency Task Force established by section 2135. 

12 Subtitle A—National Plug-in Elec13 tric Drive Vehicle Deployment 

14 Program. 

15 SEC. 2111. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE 

16 DEPLOYMENT PROGRAM. 

17 (a) IN GENERAL.—There is established within the 

18 Department of Energy a national plug-in electric drive ve19 hicle deployment program for the purpose of assisting in 

20 the deployment of plug-in electric drive vehicles. 

21 (b) GOALS.—The goals of the national program de22 scribed in subsection (a) include— 

23 (1) the reduction and displacement of petro24 leum use by accelerating the deployment of plug-in 

25 electric drive vehicles in the United States; 


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1 (2) the reduction of greenhouse gas emissions 

2 by accelerating the deployment of plug-in electric 

3 drive vehicles in the United States; 

4 (3) the facilitation of the rapid deployment of 

5 plug-in electric drive vehicles; 

6 (4) the achievement of significant market pene7 trations by plug-in electric drive vehicles nationally; 

8 (5) the establishment of models for the rapid 

9 deployment of plug-in electric drive vehicles nation10 ally, including models for the deployment of residen11 tial, private, and publicly available charging infra12 structure; 

13 (6) the increase of consumer knowledge and ac14 ceptance of plug-in electric drive vehicles; 

15 (7) the encouragement of the innovation and in16 vestment necessary to achieve mass market deploy17 ment of plug-in electric drive vehicles; 

18 (8) the facilitation of the integration of plug-in 

19 electric drive vehicles into electricity distribution sys20 tems and the larger electric grid while maintaining 

21 grid system performance and reliability; 

22 (9) the provision of technical assistance to com23 munities across the United States to prepare for 

24 plug-in electric drive vehicles; and 


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1 (10) the support of workforce training across 

2 the United States relating to plug-in electric drive 

3 vehicles. 

4 (c) DUTIES.—In carrying out this subtitle, the Sec5 retary shall— 

6 (1) provide technical assistance to State, local, 

7 and tribal governments that want to create deploy8 ment programs for plug-in electric drive vehicles in 

9 the communities over which the governments have 

10 jurisdiction; 

11 (2) perform national assessments of the poten12 tial deployment of plug-in electric drive vehicles 

13 under section 2112; 

14 (3) synthesize and disseminate data from the 

15 deployment of plug-in electric drive vehicles; 

16 (4) develop best practices for the successful de17 ployment of plug-in electric drive vehicles; 

18 (5) carry out workforce training under section 

19 2114; 

20 (6) establish the targeted plug-in electric drive 

21 vehicle deployment communities program under sec22 tion 2116; and 

23 (7) in conjunction with the Task Force, make 

24 recommendations to Congress and the President on 


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1 methods to reduce the barriers to plug-in electric 

2 drive vehicle deployment. 

3 (d) REPORT.—Not later than 18 months after the 

4 date of enactment of this Act and biennially thereafter, 

5 the Secretary shall submit to the appropriate committees 

6 of Congress a report on the progress made in imple7 menting the national program described in subsection (a) 

8 that includes— 

9 (1) a description of the progress made by— 

10 (A) the technical assistance program under 

11 section 2113; and 

12 (B) the workforce training program under 

13 section 2114; and 

14 (2) any updated recommendations of the Sec15 retary for changes in Federal programs to promote 

16 the purposes of this subtitle. 

17 (e) NATIONAL INFORMATION CLEARINGHOUSE.— 

18 The Secretary shall make available to the public, in a 

19 timely manner, information regarding— 

20 (1) the cost, performance, usage data, and tech21 nical data regarding plug-in electric drive vehicles 

22 and associated infrastructure, including information 

23 from the deployment communities established under 

24 section 2116; and 


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1 (2) any other educational information that the 

2 Secretary determines to be appropriate. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out sections 2111 

5 through 2113 $100,000,000 for the period of fiscal years 

6 2011 through 2016. 

7 SEC. 2112. NATIONAL ASSESSMENT AND PLAN. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of this Act, the Secretary shall carry 

10 out a national assessment and develop a national plan for 

11 plug-in electric drive vehicle deployment that includes— 

12 (1) an assessment of the maximum feasible de13 ployment of plug-in electric drive vehicles by 2020 

14 and 2030; 

15 (2) the establishment of national goals for mar16 ket penetration of plug-in electric drive vehicles by 

17 2020 and 2030; 

18 (3) a plan for integrating the successes and 

19 barriers to deployment identified by the deployment 

20 communities program established under section 

21 2116 to prepare communities across the Nation for 

22 the rapid deployment of plug-in electric drive vehi23 cles; 


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1 (4) a plan for providing technical assistance to 

2 communities across the United States to prepare for 

3 plug-in electric drive vehicle deployment; 

4 (5) a plan for quantifying the reduction in pe5 troleum consumption and the net impact on green6 house gas emissions due to the deployment of plug7 in electric drive vehicles; and 

8 (6) in consultation with the Task Force, any 

9 recommendations to the President and to Congress 

10 for changes in Federal programs (including laws, 

11 regulations, and guidelines)— 

12 (A) to better promote the deployment of 

13 plug-in electric drive vehicles; and 

14 (B) to reduce barriers to the deployment of 

15 plug-in electric drive vehicles. 

16 (b) UPDATES.—Not later than 2 years after the date 

17 of development of the plan described in subsection (a), and 

18 not less frequently than once every 2 years thereafter, the 

19 Secretary shall use market data and information from the 

20 targeted plug-in electric drive vehicle deployment commu21 nities program established under section 2116 and other 

22 relevant data to update the plan to reflect real world mar23 ket conditions. 


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1 SEC. 2113. TECHNICAL ASSISTANCE. 

2 (a) TECHNICAL ASSISTANCE TO STATE, LOCAL, AND

3 TRIBAL GOVERNMENTS.— 

4 (1) IN GENERAL.—In carrying out this subtitle, 

5 the Secretary shall provide, at the request of the 

6 Governor, Mayor, county executive, or the designee 

7 of such an official, technical assistance to State, 

8 local, and tribal governments to assist with the de9 ployment of plug-in electric drive vehicles. 

10 (2) REQUIREMENTS.—The technical assistance 

11 described in paragraph (1) shall include— 

12 (A) training on codes and standards for 

13 building and safety inspectors; 

14 (B) training on best practices for expe15 diting permits and inspections; 

16 (C) education and outreach on frequently 

17 asked questions relating to the various types of 

18 plug-in electric drive vehicles and associated in19 frastructure, battery technology, and disposal; 

20 and 

21 (D) the dissemination of information re22 garding best practices for the deployment of 

23 plug-in electric drive vehicles. 

24 (3) PRIORITY.—In providing technical assist25 ance under this subsection, the Secretary shall give 

26 priority to— 


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1 (A) communities that have established 

2 public and private partnerships, including part3 nerships comprised of— 

4 (i) elected and appointed officials 

5 from each of the participating State, local, 

6 and tribal governments; 

7 (ii) relevant generators and distribu8 tors of electricity; 

9 (iii) public utility commissions; 

10 (iv) departments of public works and 

11 transportation; 

12 (v) owners and operators of property 

13 that will be essential to the deployment of 

14 a sufficient level of publicly available 

15 charging infrastructure (including privately 

16 owned parking lots or structures and com17 mercial entities with public access loca18 tions); 

19 (vi) plug-in electric drive vehicle man20 ufacturers or retailers; 

21 (vii) third-party providers of charging 

22 infrastructure or services; 

23 (viii) owners of any major fleet that 

24 will participate in the program; 


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1 (ix) as appropriate, owners and opera2 tors of regional electric power distribution 

3 and transmission facilities; and 

4 (x) other existing community coali5 tions recognized by the Department of En6 ergy; 

7 (B) communities that, as determined by 

8 the Secretary, have best demonstrated that the 

9 public is likely to embrace plug-in electric drive 

10 vehicles, giving particular consideration to com11 munities that— 

12 (i) have documented waiting lists to 

13 purchase plug-in electric drive vehicles; 

14 (ii) have developed projections of the 

15 quantity of plug-in electric drive vehicles 

16 supplied to dealers; and 

17 (iii) have assessed the quantity of 

18 charging infrastructure installed or for 

19 which permits have been issued; 

20 (C) communities that have shown a com21 mitment to serving diverse consumer charging 

22 infrastructure needs, including the charging in23 frastructure needs for single- and multi-family 

24 housing and public and privately owned com25 mercial infrastructure; and 


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1 (D) communities that have established reg2 ulatory and educational efforts to facilitate con3 sumer acceptance of plug-in electric drive vehi4 cles, including by— 

5 (i) adopting (or being in the process 

6 of adopting) streamlined permitting and 

7 inspections processes for residential charg8 ing infrastructure; and 

9 (ii) providing customer informational 

10 resources, including providing plug-in elec11 tric drive information on community or 

12 other websites. 

13 (4) BEST PRACTICES.—The Secretary shall col14 lect and disseminate information to State, local, and 

15 tribal governments creating plans to deploy plug-in 

16 electric drive vehicles on best practices (including 

17 codes and standards) that uses data from— 

18 (A) the program established by section 

19 2116; 

20 (B) the activities carried out by the Task 

21 Force; and 

22 (C) existing academic and industry studies 

23 of the factors that contribute to the successful 

24 deployment of new technologies, particularly 

25 studies relating to alternative fueled vehicles. 


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1 (5) GRANTS.— 

2 (A) IN GENERAL.—The Secretary shall es3 tablish a program to provide grants to State, 

4 local, and tribal governments or to partnerships 

5 of government and private entities to assist the 

6 governments and partnerships— 

7 (i) in preparing a community deploy8 ment plan under section 2116; and 

9 (ii) in preparing and implementing 

10 programs that support the deployment of 

11 plug-in electric drive vehicles. 

12 (B) APPLICATION.—A State, local, or trib13 al government that seeks to receive a grant 

14 under this paragraph shall submit to the Sec15 retary an application for the grant at such 

16 time, in such form, and containing such infor17 mation as the Secretary may prescribe. 

18 (C) USE OF FUNDS.—A State, local, or 

19 tribal government receiving a grant under this 

20 paragraph shall use the funds— 

21 (i) to develop a community deploy22 ment plan that shall be submitted to the 

23 next available competition under section 

24 2116; and 


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1 (ii) to carry out activities that encour2 age the deployment of plug-in electric drive 

3 vehicles including— 

4 (I) planning for and installing 

5 charging infrastructure, particularly 

6 to develop and demonstrate diverse 

7 and cost-effective planning, installa8 tion, and operations options for de9 ployment of single family and multi10 family residential, workplace, and 

11 publicly available charging infrastruc12 ture; 

13 (II) updating building, zoning, or 

14 parking codes and permitting or in15 spection processes; 

16 (III) workforce training, includ17 ing the training of permitting offi18 cials; 

19 (IV) public education described 

20 in the proposed marketing plan; 

21 (V) shifting State, local, or tribal 

22 government fleets to plug-in electric 

23 drive vehicles, at a rate in excess of 

24 the existing alternative fueled fleet ve25 hicles acquisition requirements for 


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1 Federal fleets under section 

2 303(b)(1)(D) of the Energy Policy 

3 Act of 1992 (42 U.S.C. 

4 13212(b)(1)(D)); and 

5 (VI) any other activities, as de6 termined to be necessary by the Sec7 retary. 

8 (D) CRITERIA.—The Secretary shall de9 velop and publish criteria for the selection of 

10 technical assistance grants, including require11 ments for the submission of applications under 

12 this paragraph. 

13 (E) AUTHORIZATION OF APPROPRIA14 TIONS.—There are authorized to be appro15 priated such sums as are necessary to carry out 

16 this paragraph. 

17 (b) UPDATING MODEL BUILDING CODES, PERMIT18 TING AND INSPECTION PROCESSES, AND ZONING OR

19 PARKING RULES.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary, in 

22 consultation with the American Society of Heating, 

23 Refrigerating and Air-Conditioning Engineers, the 

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1 tions that the Secretary determines to be appro2 priate, shall develop and publish guidance for— 

3 (A) model building codes for the inclusion 

4 of separate circuits for charging infrastructure, 

5 as appropriate, in new construction and major 

6 renovations of private residences, buildings, or 

7 other structures that could provide publicly 

8 available charging infrastructure; 

9 (B) model construction permitting or in10 spection processes that allow for the expedited 

11 installation of charging infrastructure for pur12 chasers of plug-in electric drive vehicles (includ13 ing a permitting process that allows a vehicle 

14 purchaser to have charging infrastructure in15 stalled not later than 1 week after a request); 

16 and 

17 (C) model zoning, parking rules, or other 

18 local ordinances that— 

19 (i) facilitate the installation of pub20 licly available charging infrastructure, in21 cluding commercial entities that provide 

22 public access to infrastructure; and 

23 (ii) allow for access to publicly avail24 able charging infrastructure. 


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1 (2) OPTIONAL ADOPTION.—An applicant for se2 lection for technical assistance under this section or 

3 as a deployment community under section 2116 

4 shall not be required to use the model building 

5 codes, permitting and inspection processes, or zon6 ing, parking rules, or other ordinances included in 

7 the report under paragraph (1). 

8 (3) SMART GRID INTEGRATION.—In developing 

9 the model codes or ordinances described in para10 graph (1), the Secretary shall consider smart grid 

11 integration. 

12 SEC. 2114. WORKFORCE TRAINING. 

13 (a) MAINTENANCE AND SUPPORT.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with the Committee and the Task Force, shall 

16 award grants to institutions of higher education and 

17 other qualified training and education institutions 

18 for the establishment of programs to provide train19 ing and education for vocational workforce develop20 ment through centers of excellence. 

21 (2) PURPOSE.—Training funded under this 

22 subsection shall be intended to ensure that the work23 force has the necessary skills needed to work on and 

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1 structure required to support plug-in electric drive 

2 vehicles. 

3 (3) SCOPE.—Training funded under this sub4 section shall include training for— 

5 (A) first responders; 

6 (B) electricians and contractors who will 

7 be installing infrastructure; 

8 (C) engineers; 

9 (D) code inspection officials; and 

10 (E) dealers and mechanics. 

11 (b) DESIGN.—The Secretary shall award grants to 

12 institutions of higher education and other qualified train13 ing and education institutions for the establishment of 

14 programs to provide training and education in designing 

15 plug-in electric drive vehicles and associated components 

16 and infrastructure to ensure that the United States can 

17 lead the world in this field. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $150,000,000. 

21 SEC. 2115. FEDERAL FLEETS. 

22 (a) IN GENERAL.—Electricity consumed by Federal 

23 agencies to fuel plug-in electric drive vehicles— 


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1 (1) is an alternative fuel (as defined in section 

2 301 of the Energy Policy Act of 1992 (42 U.S.C. 

3 13218)); and 

4 (2) shall be accounted for under Federal fleet 

5 management reporting requirements, not under Fed6 eral building management reporting requirements. 

7 (b) ASSESSMENT AND REPORT.—Not later than 180 

8 days after the date of enactment of this Act and every 

9 3 years thereafter, the Federal Energy Management Pro10 gram and the General Services Administration, in con11 sultation with the Task Force, shall complete an assess12 ment of Federal Government fleets, including the Postal 

13 Service and the Department of Defense, and submit a re14 port to Congress that describes— 

15 (1) for each Federal agency, which types of ve16 hicles the agency uses that would or would not be 

17 suitable for near-term and medium-term conversion 

18 to plug-in electric drive vehicles, taking into account 

19 the types of vehicles for which plug-in electric drive 

20 vehicles could provide comparable functionality and 

21 lifecycle costs; 

22 (2) how many plug-in electric drive vehicles 

23 could be deployed by the Federal Government in 5 

24 years and in 10 years, assuming that plug-in electric 

25 drive vehicles are available and are purchased when 


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1 new vehicles are needed or existing vehicles are re2 placed; 

3 (3) the estimated cost to the Federal Govern4 ment for vehicle purchases under paragraph (2); and 

5 (4) a description of any updates to the assess6 ment based on new market data. 

7 (c) INVENTORY AND DATA COLLECTION.— 

8 (1) IN GENERAL.—In carrying out the assess9 ment and report under subsection (b), the Federal 

10 Energy Management Program, in consultation with 

11 the General Services Administration, shall— 

12 (A) develop an information request for 

13 each agency that operates a fleet of at least 20 

14 motor vehicles; and 

15 (B) establish guidelines for each agency to 

16 use in developing a plan to deploy plug-in elec17 tric drive vehicles. 

18 (2) AGENCY RESPONSES.—Each agency that 

19 operates a fleet of at least 20 motor vehicles shall— 

20 (A) collect information on the vehicle fleet 

21 of the agency in response to the information re22 quest described in paragraph (1); and 

23 (B) develop a plan to deploy plug-in elec24 tric drive vehicles. 


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1 (3) ANALYSIS OF RESPONSES.—The Federal 

2 Energy Management Program shall— 

3 (A) analyze the information submitted by 

4 each agency under paragraph (2); 

5 (B) approve or suggest amendments to the 

6 plan of each agency to ensure that the plan is 

7 consistent with the goals and requirements of 

8 this title; and 

9 (C) submit a plan to Congress and the 

10 General Services Administration to be used in 

11 developing the pilot program described in sub12 section (e). 

13 (d) BUDGET REQUEST.—Each agency of the Federal 

14 Government shall include plug-in electric drive vehicle pur15 chases identified in the report under subsection (b) in the 

16 budget of the agency to be included in the budget of the 

17 United States Government submitted by the President 

18 under section 1105 of title 31, United States Code. 

19 (e) PILOT PROGRAM TO DEPLOY PLUG-IN ELECTRIC

20 DRIVE VEHICLES IN THE FEDERAL FLEET.— 

21 (1) PROGRAM.— 

22 (A) IN GENERAL.—The Administrator of 

23 General Services shall acquire plug-in electric 

24 drive vehicles and the requisite charging infra25 structure to be deployed in a range of locations 


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1 in Federal Government fleets, which may in2 clude the United States Postal Service and the 

3 Department of Defense, during the 5-year pe4 riod beginning on the date of enactment of this 

5 Act. 

6 (B) EXPENDITURES.—To the maximum 

7 extent practicable, expenditures under this 

8 paragraph should make a contribution to the 

9 advancement of manufacturing of electric drive 

10 components and vehicles in the United States. 

11 (2) DATA COLLECTION.—The Administrator of 

12 General Services shall collect data regarding— 

13 (A) the cost, performance, and use of plug14 in electric drive vehicles in the Federal fleet; 

15 (B) the deployment and integration of 

16 plug-in electric drive vehicles in the Federal 

17 fleet; and 

18 (C) the contribution of plug-in electric 

19 drive vehicles in the Federal fleet toward reduc20 ing the use of fossil fuels and greenhouse gas 

21 emissions. 

22 (3) REPORT.—Not later than 6 years after the 

23 date of enactment of this Act, the Administrator of 

24 General Services shall submit to the appropriate 

25 committees of Congress a report that— 


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1 (A) describes the status of plug-in electric 

2 drive vehicles in the Federal fleet; and 

3 (B) includes an analysis of the data col4 lected under this subsection. 

5 (4) PUBLIC WEB SITE.—The Federal Energy 

6 Management Program shall maintain and regularly 

7 update a publicly available Web site that provides in8 formation on the status of plug-in electric drive vehi9 cles in the Federal fleet. 

10 (f) ACQUISITION PRIORITY.—Section 507(g) of the 

11 Energy Policy Act of 1992 (42 U.S.C. 13257(g)) is 

12 amended by adding at the end the following: 

13 ‘‘(5) PRIORITY.—The Secretary shall, to the 

14 maximum extent practicable, prioritize the acquisi15 tion of plug-in electric drive vehicles (as defined in 

16 section 131(a) of the Energy Independence and Se17 curity Act of 2007 (42 U.S.C. 17011(a)) over non18 electric alternative fueled vehicles.’’. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for use by the Federal Gov21 ernment in paying incremental costs to purchase or lease 

22 plug-in electric drive vehicles and the requisite charging 

23 infrastructure for Federal fleets $25,000,000. 


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1 SEC. 2116. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE 

2 DEPLOYMENT COMMUNITIES PROGRAM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established within 

5 the national plug-in electric drive deployment pro6 gram established under section 2111 a targeted 

7 plug-in electric drive vehicle deployment communities 

8 program (referred to in this section as the ‘‘Pro9 gram’’). 

10 (2) EXISTING ACTIVITIES.—In carrying out the 

11 Program, the Secretary shall coordinate and supple12 ment, not supplant, any ongoing plug-in electric 

13 drive deployment activities under section 131 of the 

14 Energy Independence and Security Act of 2007 (42 

15 U.S.C. 17011). 

16 (3) PHASE 1.— 

17 (A) IN GENERAL.—The Secretary shall es18 tablish a competitive process to select phase 1 

19 deployment communities for the Program. 

20 (B) ELIGIBLE ENTITIES.—In selecting 

21 participants for the Program under paragraph 

22 (1), the Secretary shall only consider applica23 tions submitted by State, tribal, or local govern24 ment entities (or groups of State, tribal, or 

25 local government entities). 


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1 (C) SELECTION.—Not later than 1 year 

2 after the date of enactment of this Act and not 

3 later than 1 year after the date on which any 

4 subsequent amounts are appropriated for the 

5 Program, the Secretary shall select the phase 1 

6 deployment communities under this paragraph. 

7 (D) TERMINATION.—Phase 1 of the Pro8 gram shall be carried out for a 3-year period 

9 beginning on the date funding under this title 

10 is first provided to the deployment community. 

11 (4) PHASE 2.—Not later than 3 years after the 

12 date of enactment of this Act, the Secretary shall 

13 submit to Congress a report that analyzes the les14 sons learned in phase I and, if, based on the phase 

15 I analysis, the Secretary determines that a phase II 

16 program is warranted, makes recommendations and 

17 describes a plan for phase II, including— 

18 (A) recommendations regarding— 

19 (i) options for the number of addi20 tional deployment communities that should 

21 be selected; 

22 (ii) the manner in which criteria for 

23 selection should be updated; 


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1 (iii) the manner in which incentive 

2 structures for phase 2 deployment should 

3 be changed; and 

4 (iv) whether other forms of onboard 

5 energy storage for electric drive vehicles, 

6 such as fuel cells, should be included in 

7 phase 2; and 

8 (B) a request for appropriations to imple9 ment phase 2 of the Program. 

10 (b) GOALS.—The goals of the Program are— 

11 (1) to facilitate the rapid deployment of plug12 in electric drive vehicles, including— 

13 (A) the deployment of 400,000 plug-in 

14 electric drive vehicles in phase 1 in the deploy15 ment communities selected under paragraph 

16 (2); 

17 (B) the near-term achievement of signifi18 cant market penetration in deployment commu19 nities; and 

20 (C) supporting the achievement of signifi21 cant market penetration nationally; 

22 (2) to establish models for the rapid deployment 

23 of plug-in electric drive vehicles nationally, including 

24 for the deployment of single-family and multifamily 


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1 residential, workplace, and publicly available charg2 ing infrastructure; 

3 (3) to increase consumer knowledge and accept4 ance of, and exposure to, plug-in electric drive vehi5 cles; 

6 (4) to encourage the innovation and investment 

7 necessary to achieve mass market deployment of 

8 plug-in electric drive vehicles; 

9 (5) to demonstrate the integration of plug-in 

10 electric drive vehicles into electricity distribution sys11 tems and the larger electric grid while maintaining 

12 or improving grid system performance and reli13 ability; 

14 (6) to demonstrate protocols and communica15 tion standards that facilitate vehicle integration into 

16 the grid and provide seamless charging for con17 sumers traveling through multiple utility distribution 

18 systems; 

19 (7) to investigate differences among deployment 

20 communities and to develop best practices for imple21 menting vehicle electrification in various commu22 nities, including best practices for planning for and 

23 facilitating the construction of residential, work24 place, and publicly available infrastructure to sup25 port plug-in electric drive vehicles; 


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1 (8) to collect comprehensive data on the pur2 chase and use of plug-in electric drive vehicles, in3 cluding charging profile data at unit and aggregate 

4 levels, to inform best practices for rapidly deploying 

5 plug-in electric drive vehicles in other locations, in6 cluding for the installation of charging infrastruc7 ture; 

8 (9) to reduce and displace petroleum use and 

9 reduce greenhouse gas emissions by accelerating the 

10 deployment of plug-in electric drive vehicles in the 

11 United States; and 

12 (10) to increase domestic manufacturing capac13 ity and commercialization in a manner that will es14 tablish the United States as a world leader in plug15 in electric drive vehicle technologies. 

16 (c) PHASE 1 DEPLOYMENT COMMUNITY SELECTION

17 CRITERIA.— 

18 (1) IN GENERAL.—The Secretary shall ensure, 

19 to the maximum extent practicable, that selected de20 ployment communities in phase 1 serve as models of 

21 deployment for various communities across the 

22 United States. 

23 (2) SELECTION.—In selecting communities 

24 under this section, the Secretary— 


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1 (A) shall ensure, to the maximum extent 

2 practicable, that— 

3 (i) the combination of selected com4 munities is diverse in population density, 

5 demographics, urban and suburban com6 position, typical commuting patterns, cli7 mate, and type of utility (including inves8 tor-owned, publicly-owned, cooperatively9 owned, distribution-only, and vertically in10 tegrated utilities); 

11 (ii) the combination of selected com12 munities is diverse in geographic distribu13 tion, and at least 1 deployment community 

14 is located in each Petroleum Administra15 tion for Defense District; 

16 (iii) at least 1 community selected has 

17 a population of less than 125,000; 

18 (iv) grants are of a sufficient amount 

19 such that each deployment community will 

20 achieve significant market penetration; and 

21 (v) the deployment communities are 

22 representative of other communities across 

23 the United States; 

24 (B) is encouraged to select a combination 

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1 tiple models or approaches for deploying plug2 in electric drive vehicles that the Secretary be3 lieves are reasonably likely to be effective, in4 cluding multiple approaches to the deployment 

5 of charging infrastructure; 

6 (C) in addition to the criteria described in 

7 subparagraph (A), may give preference to appli8 cants proposing a greater non-Federal cost 

9 share; and 

10 (D) when considering deployment commu11 nity plans, shall take into account previous De12 partment of Energy and other Federal invest13 ments to ensure that the maximum domestic 

14 benefit from Federal investments is realized. 

15 (3) CRITERIA.— 

16 (A) IN GENERAL.—Not later than 120 

17 days after the date of enactment of this Act, 

18 and not later than 90 days after the date on 

19 which any subsequent amounts are appro20 priated for the Program, the Secretary shall 

21 publish criteria for the selection of deployment 

22 communities that include requirements that ap23 plications be submitted by a State, tribal, or 

24 local government entity (or groups of State, 

25 tribal, or local government entities). 


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1 (B) APPLICATION REQUIREMENTS.—The 

2 criteria published by the Secretary under sub3 paragraph (A) shall include application require4 ments that, at a minimum, include— 

5 (i) goals for— 

6 (I) the number of plug-in electric 

7 drive vehicles to be deployed in the 

8 community; 

9 (II) the expected percentage of 

10 light-duty vehicle sales that would be 

11 sales of plug-in electric drive vehicles; 

12 and 

13 (III) the adoption of plug-in elec14 tric drive vehicles (including medium15 or heavy-duty vehicles) in private and 

16 public fleets during the 3-year dura17 tion of the Program; 

18 (ii) data that demonstrate that— 

19 (I) the public is likely to embrace 

20 plug-in electric drive vehicles, which 

21 may include— 

22 (aa) the quantity of plug-in 

23 electric drive vehicles purchased; 


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1 (bb) the number of individ2 uals on a waiting list to purchase 

3 a plug-in electric drive vehicle; 

4 (cc) projections of the quan5 tity of plug-in electric drive vehi6 cles supplied to dealers; and 

7 (dd) any assessment of the 

8 quantity of charging infrastruc9 ture installed or for which per10 mits have been issued; and 

11 (II) automobile manufacturers 

12 and dealers will be able to provide and 

13 service the targeted number of plug-in 

14 electric drive vehicles in the commu15 nity for the duration of the program; 

16 (iii) clearly defined geographic bound17 aries of the proposed deployment area; 

18 (iv) a community deployment plan for 

19 the deployment of plug-in electric drive ve20 hicles, charging infrastructure, and serv21 ices in the deployment community; 

22 (v) assurances that a majority of the 

23 vehicle deployments anticipated in the plan 

24 will be personal vehicles authorized to trav25 el on the United States Federal-aid system 


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1 of highways, and secondarily, private or 

2 public sector plug-in electric drive fleet ve3 hicles, but may also include— 

4 (I) medium- and heavy-duty 

5 plug-in hybrid vehicles; 

6 (II) low speed plug-in electric 

7 drive vehicles that meet Federal 

8 Motor Vehicle Safety Standards de9 scribed in section 571.500 of title 49, 

10 Code of Federal Regulations; and 

11 (III) any other plug-in electric 

12 drive vehicle authorized to travel on 

13 the United States Federal-aid system 

14 of highways; and 

15 (vi) any other merit-based criteria, as 

16 determined by the Secretary. 

17 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

18 for the deployment of plug-in electric drive vehicles 

19 shall include— 

20 (A) a proposed level of cost sharing in ac21 cordance with subsection (d)(2)(C); 

22 (B) documentation demonstrating a sub23 stantial partnership with relevant stakeholders, 

24 including— 


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1 (i) a list of stakeholders that in2 cludes— 

3 (I) elected and appointed officials 

4 from each of the participating State, 

5 local, and tribal governments; 

6 (II) all relevant generators and 

7 distributors of electricity; 

8 (III) State utility regulatory au9 thorities; 

10 (IV) departments of public works 

11 and transportation; 

12 (V) owners and operators of 

13 property that will be essential to the 

14 deployment of a sufficient level of 

15 publicly available charging infrastruc16 ture (including privately owned park17 ing lots or structures and commercial 

18 entities with public access locations); 

19 (VI) plug-in electric drive vehicle 

20 manufacturers or retailers; 

21 (VII) third-party providers of 

22 residential, workplace, private, and 

23 publicly available charging infrastruc24 ture or services; 


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1 (VIII) owners of any major fleet 

2 that will participate in the program; 

3 (IX) as appropriate, owners and 

4 operators of regional electric power 

5 distribution and transmission facili6 ties; and 

7 (X) as appropriate, other existing 

8 community coalitions recognized by 

9 the Department of Energy; 

10 (ii) evidence of the commitment of the 

11 stakeholders to participate in the partner12 ship; 

13 (iii) a clear description of the role and 

14 responsibilities of each stakeholder; and 

15 (iv) a plan for continuing the engage16 ment and participation of the stakeholders, 

17 as appropriate, throughout the implemen18 tation of the deployment plan; 

19 (C) a description of the number of plug-in 

20 electric drive vehicles anticipated to be plug-in 

21 electric drive personal vehicles and the number 

22 of plug-in electric drive vehicles anticipated to 

23 be privately owned fleet or public fleet vehicles; 


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1 (D) a plan for deploying residential, work2 place, private, and publicly available charging 

3 infrastructure, including— 

4 (i) an assessment of the number of 

5 consumers who will have access to private 

6 residential charging infrastructure in sin7 gle-family or multifamily residences; 

8 (ii) options for accommodating plug-in 

9 electric drive vehicle owners who are not 

10 able to charge vehicles at their place of 

11 residence; 

12 (iii) an assessment of the number of 

13 consumers who will have access to work14 place charging infrastructure; 

15 (iv) a plan for ensuring that the 

16 charging infrastructure or plug-in electric 

17 drive vehicle be able to send and receive 

18 the information needed to interact with the 

19 grid and be compatible with smart grid 

20 technologies to the extent feasible; 

21 (v) an estimate of the number and 

22 dispersion of publicly and privately owned 

23 charging stations that will be publicly or 

24 commercially available; 


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1 (vi) an estimate of the quantity of 

2 charging infrastructure that will be pri3 vately funded or located on private prop4 erty; and 

5 (vii) a description of equipment to be 

6 deployed, including assurances that, to the 

7 maximum extent practicable, equipment to 

8 be deployed will meet open, nonproprietary 

9 standards for connecting to plug-in electric 

10 drive vehicles that are either— 

11 (I) commonly accepted by indus12 try at the time the equipment is being 

13 acquired; or 

14 (II) meet the standards developed 

15 by the Director of the National Insti16 tute of Standards and Technology 

17 under section 1305 of the Energy 

18 Independence and Security Act of 

19 2007 (42 U.S.C. 17385); 

20 (E) a plan for effective marketing of and 

21 consumer education relating to plug-in electric 

22 drive vehicles, charging services, and infrastruc23 ture; 

24 (F) descriptions of updated building codes 

25 (or a plan to update building codes before or 


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1 during the grant period) to include charging in2 frastructure or dedicated circuits for charging 

3 infrastructure, as appropriate, in new construc4 tion and major renovations; 

5 (G) descriptions of updated construction 

6 permitting or inspection processes (or a plan to 

7 update construction permitting or inspection 

8 processes) to allow for expedited installation of 

9 charging infrastructure for purchasers of plug10 in electric drive vehicles, including a permitting 

11 process that allows a vehicle purchaser to have 

12 charging infrastructure installed in a timely 

13 manner; 

14 (H) descriptions of updated zoning, park15 ing rules, or other local ordinances as are nec16 essary to facilitate the installation of publicly 

17 available charging infrastructure and to allow 

18 for access to publicly available charging infra19 structure, as appropriate; 

20 (I) a plan to ensure that each resident in 

21 a deployment community who purchases and 

22 registers a new plug-in electric drive vehicle 

23 throughout the duration of the deployment com24 munity receives, in addition to any Federal in25 centives, consumer benefits that may include— 


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1 (i) a rebate of part of the purchase 

2 price of the vehicle; 

3 (ii) reductions in sales taxes or reg4 istration fees; 

5 (iii) rebates or reductions in the costs 

6 of permitting, purchasing, or installing 

7 home plug-in electric drive vehicle charging 

8 infrastructure; and 

9 (iv) rebates or reductions in State or 

10 local toll road access charges; 

11 (J) additional consumer benefits, such as 

12 preferred parking spaces or single-rider access 

13 to high-occupancy vehicle lanes for plug-in elec14 tric drive vehicles; 

15 (K) a proposed plan for making necessary 

16 utility and grid upgrades, including economi17 cally sound and cybersecure information tech18 nology upgrades and employee training, and a 

19 plan for recovering the cost of the upgrades; 

20 (L) a description of utility, grid operator, 

21 or third-party charging service provider, policies 

22 and plans for accommodating the deployment of 

23 plug-in electric drive vehicles, including— 


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1 (i) rate structures or provisions and 

2 billing protocols for the charging of plug3 in electric drive vehicles; 

4 (ii) analysis of potential impacts to 

5 the grid; 

6 (iii) plans for using information tech7 nology or third-party aggregators— 

8 (I) to minimize the effects of 

9 charging on peak loads; 

10 (II) to enhance reliability; and 

11 (III) to provide other grid bene12 fits; 

13 (iv) plans for working with smart grid 

14 technologies or third-party aggregators for 

15 the purposes of smart charging and for al16 lowing 2-way communication; 

17 (M) a deployment timeline; 

18 (N) a plan for monitoring and evaluating 

19 the implementation of the plan, including 

20 metrics for assessing the success of the deploy21 ment and an approach to updating the plan, as 

22 appropriate; and 

23 (O) a description of the manner in which 

24 any grant funds applied for under subsection 


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1 (d) will be used and the proposed local cost 

2 share for the funds. 

3 (d) PHASE 1 APPLICATIONS AND GRANTS.— 

4 (1) APPLICATIONS.— 

5 (A) IN GENERAL.—Not later than 150 

6 days after the date of publication by the Sec7 retary of selection criteria described in sub8 section (c)(3), any State, tribal, or local govern9 ment, or group of State, tribal, or local govern10 ments may apply to the Secretary to become a 

11 deployment community. 

12 (B) JOINT SPONSORSHIP.— 

13 (i) IN GENERAL.—An application sub14 mitted under subparagraph (A) may be 

15 jointly sponsored by electric utilities, auto16 mobile manufacturers, technology pro17 viders, carsharing companies or organiza18 tions, third-party plug-in electric drive ve19 hicle service providers, or other appro20 priated entities. 

21 (ii) DISBURSEMENT OF GRANTS.—A 

22 grant provided under this subsection shall 

23 only be disbursed to a State, tribal, or 

24 local government, or group of State, tribal, 

25 or local governments, regardless of whether 


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1 the application is jointly sponsored under 

2 clause (i). 

3 (2) GRANTS.— 

4 (A) IN GENERAL.—In each application, the 

5 applicant may request up to $100,000,000 in fi6 nancial assistance from the Secretary to fund 

7 projects in the deployment community. 

8 (B) USE OF FUNDS.—Funds provided 

9 through a grant under this paragraph may be 

10 used to help implement the plan for the deploy11 ment of plug-in electric drive vehicles included 

12 in the application, including— 

13 (i) planning for and installing charg14 ing infrastructure, including offering addi15 tional incentives as described in subsection 

16 (c)(4)(I); 

17 (ii) updating building codes, zoning or 

18 parking rules, or permitting or inspection 

19 processes as described in subparagraphs 

20 (F), (G), and (H) of subsection (c)(4); 

21 (iii) reducing the cost and increasing 

22 the consumer adoption of plug-in electric 

23 drive vehicles through incentives as de24 scribed in subsection (c)(4)(I); 


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1 (iv) workforce training, including 

2 training of permitting officials; 

3 (v) public education and marketing 

4 described in the proposed marketing plan; 

5 (vi) shifting State, tribal, or local gov6 ernment fleets to plug-in electric drive ve7 hicles, at a rate in excess of the existing al8 ternative fueled fleet vehicle acquisition re9 quirements for Federal fleets under section 

10 303(b)(1)(D) of the Energy Policy Act of 

11 1992 (42 U.S.C. 13212(b)(1)(D)); and 

12 (vii) necessary utility and grid up13 grades as described in subsection 

14 (c)(4)(K). 

15 (C) COST-SHARING.— 

16 (i) IN GENERAL.—A grant provided 

17 under this paragraph shall be subject to a 

18 minimum non-Federal cost-sharing re19 quirement of 20 percent. 

20 (ii) NON-FEDERAL SOURCES.—The 

21 Secretary shall— 

22 (I) determine the appropriate 

23 cost share for each selected applicant; 

24 and 


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1 (II) require that the Federal con2 tribution to total expenditures on ac3 tivities described in clauses (ii), (iv), 

4 (v), and (vi) of subparagraph (B) not 

5 exceed 30 percent. 

6 (iii) REDUCTION.—The Secretary may 

7 reduce or eliminate the cost-sharing re8 quirement described in clause (i), as the 

9 Secretary determines to be necessary. 

10 (iv) CALCULATION OF AMOUNT.—In 

11 calculating the amount of the non-Federal 

12 share under this section, the Secretary— 

13 (I) may include allowable costs in 

14 accordance with the applicable cost 

15 principles, including— 

16 (aa) cash; 

17 (bb) personnel costs; 

18 (cc) the value of a service, 

19 other resource, or third party in20 kind contribution determined in 

21 accordance with the applicable 

22 circular of the Office of Manage23 ment and Budget; 

24 (dd) indirect costs or facili25 ties and administrative costs; or 


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1 (ee) any funds received 

2 under the power program of the 

3 Tennessee Valley Authority or 

4 any Power Marketing Adminis5 tration (except to the extent that 

6 such funds are made available 

7 under an annual appropriation 

8 Act); 

9 (II) shall include contributions 

10 made by State, tribal, or local govern11 ment entities and private entities; and 

12 (III) shall not include— 

13 (aa) revenues or royalties 

14 from the prospective operation of 

15 an activity beyond the time con16 sidered in the grant; 

17 (bb) proceeds from the pro18 spective sale of an asset of an ac19 tivity; or 

20 (cc) other appropriated Fed21 eral funds. 

22 (v) REPAYMENT OF FEDERAL

23 SHARE.—The Secretary shall not require 

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1 shared activity under this section as a con2 dition of providing a grant. 

3 (vi) TITLE TO PROPERTY.—The Sec4 retary may vest title or other property in5 terests acquired under projects funded 

6 under this title in any entity, including the 

7 United States. 

8 (3) SELECTION.—Not later than 120 days after 

9 an application deadline has been established under 

10 paragraph (1), the Secretary shall announce the 

11 names of the deployment communities selected under 

12 this subsection. 

13 (e) REPORTING REQUIREMENTS.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with the Committee, shall— 

16 (A) determine what data will be required 

17 to be collected by participants in deployment 

18 communities and submitted to the Department 

19 to allow for analysis of the deployment commu20 nities; 

21 (B) provide for the protection of consumer 

22 privacy, as appropriate; and 

23 (C) develop metrics to evaluate the per24 formance of the deployment communities. 


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1 (2) PROVISION OF DATA.—As a condition of 

2 participation in the Program, a deployment commu3 nity shall provide any data identified by the Sec4 retary under paragraph (1). 

5 (3) REPORTS.—Not later than 3 years after the 

6 date of enactment of this Act and again after the 

7 completion of the Program, the Secretary shall sub8 mit to Congress a report that contains— 

9 (A) a description of the status of— 

10 (i) the deployment communities and 

11 the implementation of the deployment plan 

12 of each deployment community; 

13 (ii) the rate of vehicle deployment and 

14 market penetration of plug-in electric drive 

15 vehicles; and 

16 (iii) the deployment of residential and 

17 publicly available infrastructure; 

18 (B) a description of the challenges experi19 enced and lessons learned from the program to 

20 date, including the activities described in sub21 paragraph (A); and 

22 (C) an analysis of the data collected under 

23 this subsection. 


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1 (f) PROPRIETARY INFORMATION.—The Secretary 

2 shall, as appropriate, provide for the protection of propri3 etary information and intellectual property rights. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $2,000,000,000. 

7 (h) CONFORMING AMENDMENT.—Section 166(b)(5) 

8 of title 23, United States Code, is amended— 

9 (1) in subparagraph (A), by striking ‘‘Before 

10 September 30, 2009, the State’’ and inserting ‘‘The 

11 State’’; and 

12 (2) in subparagraph (B), by striking ‘‘Before 

13 September 30, 2009, the State’’ and inserting ‘‘The 

14 State’’. 

15 SEC. 2117. FUNDING. 

16 (a) TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE

17 DEPLOYMENT COMMUNITIES PROGRAM.— 

18 (1) IN GENERAL.—On October 1, 2010, out of 

19 any funds in the Treasury not otherwise appro20 priated, the Secretary of the Treasury shall transfer 

21 to the Secretary to carry out section 2116 

22 $400,000,000, to remain available until expended. 

23 (2) RECEIPT AND ACCEPTANCE.—The Sec24 retary shall be entitled to receive, shall accept, and 

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1 ferred under paragraph (1), without further appro2 priation. 

3 (b) OTHER PROVISIONS.— 

4 (1) IN GENERAL.—On October 1, 2010, out of 

5 any funds in the Treasury not otherwise appro6 priated, the Secretary of the Treasury shall transfer 

7 to the Secretary to carry out this subtitle (other 

8 than section 2116) $100,000,000, to remain avail9 able until expended. 

10 (2) RECEIPT AND ACCEPTANCE.—The Sec11 retary shall be entitled to receive, shall accept, and 

12 shall use to carry out this subtitle (other than sec13 tion 2116) the funds transferred under paragraph 

14 (1), without further appropriation. 

15 Subtitle B—Research and 

16 Development 

17 SEC. 2121. RESEARCH AND DEVELOPMENT PROGRAM. 

18 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Committee, shall establish a program 

21 to fund research and development in advanced bat22 teries, plug-in electric drive vehicle components, 

23 plug-in electric drive infrastructure, and other tech24 nologies supporting the development, manufacture, 


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1 and deployment of plug-in electric drive vehicles and 

2 charging infrastructure. 

3 (2) USE OF FUNDS.—The program may include 

4 funding for— 

5 (A) the development of low-cost, smart6 charging and vehicle-to-grid connectivity tech7 nology; 

8 (B) the benchmarking and assessment of 

9 open software systems using nationally estab10 lished evaluation criteria; and 

11 (C) new technologies in electricity storage 

12 or electric drive components for vehicles. 

13 (3) REPORT.—Not later than 4 years after the 

14 date of enactment of this Act, the Secretary shall 

15 submit to Congress a report describing the status of 

16 the program described in paragraph (1). 

17 (b) SECONDARY USE APPLICATIONS PROGRAM.— 

18 (1) IN GENERAL.—The Secretary, in consulta19 tion with the Committee, shall carry out a research, 

20 development, and demonstration program that builds 

21 upon any work carried out under section 915 of the 

22 Energy Policy Act of 2005 (42 U.S.C. 16195) and— 

23 (A) identifies possible uses of a vehicle bat24 tery after the useful life of the battery in a ve25 hicle has been exhausted; 


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1 (B) assesses the potential for markets for 

2 uses described in subparagraph (A) to develop, 

3 as well as any barriers to the development of 

4 the markets; 

5 (C) identifies the infrastructure, tech6 nology, and equipment needed to manage the 

7 charging activity of the batteries used in sta8 tionary sources; and 

9 (D) identifies the potential uses of a vehi10 cle battery— 

11 (i) with the most promise for market 

12 development; and 

13 (ii) for which market development 

14 would be aided by a demonstration project. 

15 (2) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretary shall 

17 submit to the appropriate committees of Congress 

18 an initial report on the findings of the program de19 scribed in paragraph (1), including recommendations 

20 for stationary energy storage and other potential ap21 plications for batteries used in plug-in electric drive 

22 vehicles. 

23 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

24 (1) IN GENERAL.—Based on the results of the 

25 program described in subsection (b), the Secretary, 


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1 in consultation with the Committee, shall develop 

2 guidelines for projects that demonstrate the sec3 ondary uses of vehicle batteries. 

4 (2) PUBLICATION OF GUIDELINES.—Not later 

5 than 30 months after the date of enactment of this 

6 Act, the Secretary shall— 

7 (A) publish the guidelines described in 

8 paragraph (1); and 

9 (B) solicit applications for funding for 

10 demonstration projects. 

11 (3) GRANT PROGRAM.—Not later than 38 

12 months after the date of enactment of this Act, the 

13 Secretary shall select proposals for grant funding 

14 under this section, based on an assessment of which 

15 proposals are mostly likely to contribute to the devel16 opment of a secondary market for batteries. 

17 (d) MATERIALS RECYCLING STUDY.— 

18 (1) IN GENERAL.—The Secretary, in consulta19 tion with the Committee, shall carry out a study on 

20 the recycling of materials from plug-in electric drive 

21 vehicles and the batteries used in plug-in electric 

22 drive vehicles. 

23 (2) REPORT.—Not later than 2 years after the 

24 date of enactment of this Act, the Secretary shall 

25 submit to the appropriate committees of Congress a 


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1 report on the findings of the study described in 

2 paragraph (1). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $1,535,000,000, including— 

6 (1) $1,500,000,000 for use in conducting the 

7 program described in subsection (a) for fiscal years 

8 2011 through 2020; 

9 (2) $5,000,000 for use in conducting the pro10 gram described in subsection (b) for fiscal years 

11 2011 through 2016; 

12 (3) $25,000,000 for use in providing grants de13 scribed in subsection (c) for fiscal years 2011 

14 through 2020; and 

15 (4) $5,000,000 for use in conducting the study 

16 described in subsection (d) for fiscal years 2011 

17 through 2013. 

18 SEC. 2122. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

19 (a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of this Act, as part of the program de21 scribed in section 1008 of the Energy Policy Act of 2005 

22 (42 U.S.C. 16396), the Secretary shall establish the Ad23 vanced Batteries for Tomorrow Prize to competitively 

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1 vance the research, development, demonstration, and com2 mercial application of a 500-mile vehicle battery. 

3 (b) BATTERY SPECIFICATIONS.— 

4 (1) IN GENERAL.—To be eligible for the Prize, 

5 a battery submitted by an entrant shall be— 

6 (A) able to power a plug-in electric drive 

7 vehicle authorized to travel on the United 

8 States Federal-aid system of highways for at 

9 least 500 miles before recharging; 

10 (B) of a size that would not be cost-prohib11 itive or create space constraints, if mass-pro12 duced; and 

13 (C) cost-effective (measured in cost per kil14 owatt hour), if mass-produced. 

15 (2) ADDITIONAL REQUIREMENTS.—The Sec16 retary, in consultation with the Committee, shall es17 tablish any additional battery specifications that the 

18 Secretary and the Committee determine to be nec19 essary. 

20 (c) PRIVATE FUNDS.— 

21 (1) IN GENERAL.—Subject to paragraph (2) 

22 and notwithstanding section 3302 of title 31, United 

23 States Code, the Secretary may accept, retain, and 

24 use funds contributed by any person, government 


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1 entity, or organization for purposes of carrying out 

2 this subsection— 

3 (A) without further appropriation; and 

4 (B) without fiscal year limitation. 

5 (2) RESTRICTION ON PARTICIPATION.—An enti6 ty providing private funds for the Prize may not 

7 participate in the competition for the Prize. 

8 (d) TECHNICAL REVIEW.—The Secretary, in con9 sultation with the Committee, shall establish a technical 

10 review committee composed of non-Federal officers to re11 view data submitted by Prize entrants under this section 

12 and determine whether the data meets the prize specifica13 tions described in subsection (b). 

14 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

15 may select, on a competitive basis, a third party to admin16 ister awards provided under this section. 

17 (f) ELIGIBILITY.—To be eligible for an award under 

18 this section— 

19 (1) in the case of a private entity, the entity 

20 shall be incorporated in and maintain a primary 

21 place of business in the United States; and 

22 (2) in the case of an individual (whether par23 ticipating as a single individual or in a group), the 

24 individual shall be a citizen or lawful permanent 

25 resident of the United States. 


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1 (g) AWARD AMOUNTS.— 

2 (1) IN GENERAL.—Subject to the availability of 

3 funds to carry out this section, the amount of the 

4 Prize shall be $10,000,000. 

5 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

6 In addition to the award described in paragraph (1), 

7 the Secretary, in consultation with the technical re8 view committee established under subsection (d), 

9 may award cash prizes, in amounts determined by 

10 the Secretary, in recognition of breakthrough 

11 achievements in research, development, demonstra12 tion, and commercial application of— 

13 (A) activities described in subsection (b); 

14 or 

15 (B) advances in battery durability, energy 

16 density, and power density. 

17 (h) 500-MILE BATTERY AWARD FUND.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Treasury of the United States a fund to be 

20 known as the ‘‘500-mile Battery Fund’’ (referred to 

21 in this section as the ‘‘Fund’’), to be administered 

22 by the Secretary, to be available without fiscal year 

23 limitation and subject to appropriation, to award 

24 amounts under this section. 


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1 (2) TRANSFERS TO FUND.—The Fund shall 

2 consist of— 

3 (A) such amounts as are appropriated to 

4 the Fund under subsection (i); and 

5 (B) such amounts as are described in sub6 section (c) and that are provided for the Fund. 

7 (3) PROHIBITION.—Amounts in the Fund may 

8 not be made available for any purpose other than a 

9 purposes described in subsection (a). 

10 (4) ANNUAL REPORTS.— 

11 (A) IN GENERAL.—Not later than 60 days 

12 after the end of each fiscal year beginning with 

13 fiscal year 2012, the Secretary shall submit a 

14 report on the operation of the Fund during the 

15 fiscal year to— 

16 (i) the Committees on Appropriations 

17 of the House of Representatives and of the 

18 Senate; 

19 (ii) the Committee on Energy and 

20 Natural Resources of the Senate; and 

21 (iii) the Committee on Energy and 

22 Commerce of the House of Representa23 tives. 


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1 (B) CONTENTS.—Each report shall in2 clude, for the fiscal year covered by the report, 

3 the following: 

4 (i) A statement of the amounts depos5 ited into the Fund. 

6 (ii) A description of the expenditures 

7 made from the Fund for the fiscal year, in8 cluding the purpose of the expenditures. 

9 (iii) Recommendations for additional 

10 authorities to fulfill the purpose of the 

11 Fund. 

12 (iv) A statement of the balance re13 maining in the Fund at the end of the fis14 cal year. 

15 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

16 Section 1105(a) of title 31, United States Code, is 

17 amended— 

18 (A) by redesignating paragraphs (35) and 

19 (36) as paragraphs (36) and (37), respectively; 

20 (B) by redesignating the second paragraph 

21 (33) (relating to obligational authority and out22 lays requested for homeland security) as para23 graph (35); and 

24 (C) by adding at the end the following: 


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1 ‘‘(38) a separate statement for the 500-mile 

2 Battery Fund established under section 8(h) of the 

3 ‘Promoting Electric Vehicles Act of 2010’, which 

4 shall include the estimated amount of deposits into 

5 the Fund, obligations, and outlays from the Fund.’’. 

6 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated— 

8 (1) $10,000,000 to carry out subsection (g)(1); 

9 and 

10 (2) $1,000,000 to carry out subsection (g)(2). 

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

12 (a) IN GENERAL.—The Secretary of the Interior, in 

13 consultation with the Secretary and the Task Force, shall 

14 conduct a study that— 

15 (1) identifies the raw materials needed for the 

16 manufacture of plug-in electric drive vehicles, bat17 teries, and other components for plug-in electric 

18 drive vehicles, and for the infrastructure needed to 

19 support plug-in electric drive vehicles; 

20 (2) describes the primary or original sources 

21 and known reserves and resources of those raw ma22 terials; 

23 (3) assesses, in consultation with the National 

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1 in electric drive vehicles associated with the supply 

2 of those raw materials; and 

3 (4) identifies pathways to securing reliable and 

4 resilient supplies of those raw materials. 

5 (b) REPORT.—Not later than 3 years after the date 

6 of enactment of this Act, the Secretary of the Interior 

7 shall submit to Congress a report that describes the re8 sults of the study. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this subsection 

11 $1,500,000. 

12 SEC. 2124. STUDY ON THE COLLECTION AND PRESERVA13 TION OF DATA COLLECTED FROM PLUG-IN 

14 ELECTRIC DRIVE VEHICLES. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary, in consulta17 tion with the Committee, shall enter into an agreement 

18 with the National Academy of Sciences under which the 

19 Academy shall conduct a study that— 

20 (1) identifies— 

21 (A) the data that may be collected from 

22 plug-in electric drive vehicles, including data on 

23 the location, charging patterns, and usage of 

24 plug-in electric drive vehicles; 


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1 (B) the scientific, economic, commercial, 

2 security, and historic potential of the data de3 scribed in subparagraph (A); and 

4 (C) any laws or regulations that relate to 

5 the data described in subparagraph (A); and 

6 (2) analyzes and provides recommendations on 

7 matters that include procedures, technologies, and 

8 rules relating to the collection, storage, and preser9 vation of the data described in paragraph (1)(A). 

10 (b) REPORT.—Not later than 15 months after the 

11 date of an agreement between the Secretary and the Acad12 emy under subsection (a), the National Academy of 

13 Sciences shall submit to the appropriate committees of 

14 Congress a report that describes the results of the study 

15 under subsection (a). 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $1,000,000. 

19 Subtitle C—Miscellaneous 

20 SEC. 2131. UTILITY PLANNING FOR PLUG-IN ELECTRIC 

21 DRIVE VEHICLES. 

22 (a) IN GENERAL.—The Public Utility Regulatory 

23 Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amend24 ed— 


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1 (1) in section 111(d) (16 U.S.C. 2621(d)), by 

2 adding at the end the following: 

3 ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE

4 PLANNING.— 

5 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC6 TRIC DRIVE VEHICLES.— 

7 ‘‘(i) IN GENERAL.—Not later than 2 

8 years after the date of enactment of this 

9 paragraph, each electric utility shall de10 velop a plan to support the use of plug-in 

11 electric drive vehicles, including medium12 and heavy-duty hybrid electric vehicles in 

13 the service area of the electric utility. 

14 ‘‘(ii) REQUIREMENTS.—A plan under 

15 clause (i) shall investigate— 

16 ‘‘(I) various levels of potential 

17 penetration of plug-in electric drive 

18 vehicles in the utility service area; 

19 ‘‘(II) the potential impacts that 

20 the various levels of penetration and 

21 charging scenarios (including charging 

22 rates and daily hours of charging) 

23 would have on generation, distribution 

24 infrastructure, and the operation of 

25 the transmission grid; and 


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1 ‘‘(III) the role of third parties in 

2 providing reliable and economical 

3 charging services. 

4 ‘‘(iii) WAIVER.— 

5 ‘‘(I) IN GENERAL.—An electric 

6 utility that determines that the elec7 tric utility will not be impacted by 

8 plug-in electric drive vehicles during 

9 the 5-year period beginning on the 

10 date of enactment of this paragraph 

11 may petition the Secretary to waive 

12 clause (i) for 5 years. 

13 ‘‘(II) APPROVAL.—Approval of a 

14 waiver under subclause (I) shall be in 

15 the sole discretion of the Secretary. 

16 ‘‘(iv) UPDATES.— 

17 ‘‘(I) IN GENERAL.—Each electric 

18 utility shall update the plan of the 

19 electric utility every 5 years. 

20 ‘‘(II) RESUBMISSION OF WAIV21 ER.—An electric utility that received a 

22 waiver under clause (iii) and wants 

23 the waiver to continue after the expi24 ration of the waiver shall be required 

25 to resubmit the waiver. 


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1 ‘‘(v) EXEMPTION.—If the Secretary 

2 determines that a plan required by a State 

3 regulatory authority meets the require4 ments of this paragraph, the Secretary 

5 may accept that plan and exempt the elec6 tric utility submitting the plan from the re7 quirements of clause (i). 

8 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

9 State regulatory authority (in the case of each 

10 electric utility for which the authority has rate11 making authority) and each municipal and co12 operative utility shall— 

13 ‘‘(i) participate in any local plan for 

14 the deployment of recharging infrastruc15 ture in communities located in the foot16 print of the authority or utility; 

17 ‘‘(ii) require that charging infrastruc18 ture deployed is interoperable with prod19 ucts of all auto manufacturers to the max20 imum extent practicable; and 

21 ‘‘(iii) consider adopting minimum re22 quirements for deployment of electrical 

23 charging infrastructure and other appro24 priate requirements necessary to support 

25 the use of plug-in electric drive vehicles. 


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1 ‘‘(C) COST RECOVERY.—Each State regu2 latory authority (in the case of each electric 

3 utility for which the authority has ratemaking 

4 authority) and each municipal and cooperative 

5 utility may consider whether, and to what ex6 tent, to allow cost recovery for plans and imple7 mentation of plans. 

8 ‘‘(D) DETERMINATION.—Not later than 3 

9 years after the date of enactment of this para10 graph, each State regulatory authority (with re11 spect to each electric utility for which the au12 thority has ratemaking authority), and each 

13 municipal and cooperative electric utility, shall 

14 complete the consideration, and shall make the 

15 determination, referred to in subsection (a) with 

16 respect to the standard established by this 

17 paragraph.’’; 

18 (2) in section 112(c) (16 U.S.C. 2622(c))— 

19 (A) in the first sentence, by striking ‘‘Each 

20 State’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—Each State’’; 

22 (B) in the second sentence, by striking ‘‘In 

23 the case’’ and inserting the following: 

24 ‘‘(2) SPECIFIC STANDARDS.— 


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1 ‘‘(A) NET METERING AND FOSSIL FUEL

2 GENERATION EFFICIENCY.—In the case’’; 

3 (C) in the third sentence, by striking ‘‘In 

4 the case’’ and inserting the following: 

5 ‘‘(B) TIME-BASED METERING AND COMMU6 NICATIONS.—In the case’’; 

7 (D) in the fourth sentence— 

8 (i) by striking ‘‘In the case’’ and in9 serting the following: 

10 ‘‘(C) INTERCONNECTION.—In the case’’; 

11 and 

12 (ii) by striking ‘‘paragraph (15)’’ and 

13 inserting ‘‘paragraph (15) of section 

14 111(d)’’; 

15 (E) in the fifth sentence, by striking ‘‘In 

16 the case’’ and inserting the following: 

17 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

18 RATE DESIGN MODIFICATIONS, SMART GRID IN19 VESTMENTS, SMART GRID INFORMATION.—In 

20 the case’’; and 

21 (F) by adding at the end the following: 

22 ‘‘(E) PLUG-IN ELECTRIC DRIVE VEHICLE

23 PLANNING.—In the case of the standards estab24 lished by paragraph (20) of section 111(d), the 

25 reference contained in this subsection to the 


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1 date of enactment of this Act shall be deemed 

2 to be a reference to the date of enactment of 

3 that paragraph.’’; and 

4 (3) in section 112(d) (16 U.S.C. 2622(d)), in 

5 the matter preceding paragraph (1), by striking 

6 ‘‘(19)’’ and inserting ‘‘(20)’’. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Technical Advisory Committee, shall 

10 convene a group of utility stakeholders, charging in11 frastructure providers, third party aggregators, and 

12 others, as appropriate, to discuss and determine the 

13 potential models for the technically and logistically 

14 challenging issues involved in using electricity as a 

15 fuel for vehicles, including— 

16 (A) accommodation for billing for charging 

17 a plug-in electric drive vehicle, both at home 

18 and at publicly available charging infrastruc19 ture; 

20 (B) plans for anticipating vehicle to grid 

21 applications that will allow batteries in cars as 

22 well as banks of batteries to be used for grid 

23 storage, ancillary services provision, and backup 

24 power; 


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1 (C) integration of plug-in electric drive ve2 hicles with smart grid, including protocols and 

3 standards, necessary equipment, and informa4 tion technology systems; and 

5 (D) any other barriers to installing suffi6 cient and appropriate charging infrastructure. 

7 (2) REPORT.—Not later than 2 years after the 

8 date of enactment of this Act and biennially there9 after, the Secretary shall submit to the appropriate 

10 committees of Congress a report that includes— 

11 (A) the issues and model solutions de12 scribed in paragraph (1); and 

13 (B) any other issues that the Task Force 

14 and Secretary determine to be appropriate. 

15 SEC. 2132. LOAN GUARANTEES. 

16 (a) LOAN GUARANTEES FOR ADVANCED BATTERY

17 PURCHASES FOR USE IN STATIONARY APPLICATIONS.— 

18 Subtitle B of title I of the Energy Independence and Secu19 rity Act of 2007 (42 U.S.C. 17011 et seq.) is amended 

20 by adding at the end the following: 

21 ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY 

22 PURCHASES. 

23 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) QUALIFIED AUTOMOTIVE BATTERY.—The 

2 term ‘qualified automotive battery’ means a battery 

3 that— 

4 ‘‘(A) has at least 4 kilowatt hours of bat5 tery capacity; and 

6 ‘‘(B) is designed for use in qualified plug7 in electric drive motor vehicles but is purchased 

8 for nonautomotive applications. 

9 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) an original equipment manufacturer; 

12 ‘‘(B) an electric utility; 

13 ‘‘(C) any provider of range extension infra14 structure; or 

15 ‘‘(D) any other qualified entity, as deter16 mined by the Secretary. 

17 ‘‘(b) LOAN GUARANTEES.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall guar19 antee loans made to eligible entities for the aggre20 gate purchase of not less than 200 qualified auto21 motive batteries in a calendar year that have a total 

22 minimum power rating of 1 megawatt and use ad23 vanced battery technology. 

24 ‘‘(2) RESTRICTION.—As a condition of receiving 

25 a loan guarantee under this section, an entity purVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 chasing qualified automotive batteries with loan 

2 funds guaranteed under this section shall comply 

3 with the provisions of the Buy American Act (41 

4 U.S.C. 10a et seq.). 

5 ‘‘(c) REGULATIONS.—The Secretary shall promulgate 

6 such regulations as are necessary to carry out this section. 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to carry out this section 

9 $50,000,000.’’. 

10 (b) LOAN GUARANTEES FOR CHARGING INFRA11 STRUCTURE.—Section 1705(a) of the Energy Policy Act 

12 of 2005 (42 U.S.C. 16516(a)) is amended by adding at 

13 the end the following: 

14 ‘‘(4) Charging infrastructure and networks of 

15 charging infrastructure for plug-in drive electric ve16 hicles, if the charging infrastructure will be oper17 ational prior to December 31, 2016.’’. 

18 SEC. 2133. PROHIBITION ON DISPOSING OF ADVANCED BAT19 TERIES IN LANDFILLS. 

20 (a) DEFINITION OF ADVANCED BATTERY.— 

21 (1) IN GENERAL.—In this section, the term 

22 ‘‘advanced battery’’ means a battery that is a sec23 ondary (rechargeable) electrochemical energy storage 

24 device that has enhanced energy capacity. 


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1 (2) EXCLUSIONS.—The term ‘‘advanced bat2 tery’’ does not include— 

3 (A) a primary (nonrechargeable) battery; 

4 or 

5 (B) a lead-acid battery that is used to 

6 start or serve as the principal electrical power 

7 source for a plug-in electric drive vehicle. 

8 (b) REQUIREMENT.—An advanced battery from a 

9 plug-in electric drive vehicle shall be disposed of in accord10 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

11 et seq.) (commonly known as the ‘‘Resource Conservation 

12 and Recovery Act of 1976’’). 

13 SEC. 2134. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL 

14 ADVISORY COMMITTEE. 

15 (a) IN GENERAL.—There is established the Plug-in 

16 Electric Drive Vehicle Technical Advisory Committee to 

17 advise the Secretary on the programs and activities under 

18 this title. 

19 (b) MISSION.—The mission of the Committee shall 

20 be to advise the Secretary on technical matters, includ21 ing— 

22 (1) the priorities for research and development; 

23 (2) means of accelerating the deployment of 

24 safe, economical, and efficient plug-in electric drive 

25 vehicles for mass market adoption; 


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1 (3) the development and deployment of charg2 ing infrastructure; 

3 (4) the development of uniform codes, stand4 ards, and safety protocols for plug-in electric drive 

5 vehicles and charging infrastructure; and 

6 (5) reporting on the competitiveness of the 

7 United States in plug-in electric drive vehicle and in8 frastructure research, manufacturing, and deploy9 ment. 

10 (c) MEMBERSHIP.— 

11 (1) MEMBERS.— 

12 (A) IN GENERAL.—The Committee shall 

13 consist of not less than 12, but not more than 

14 25, members. 

15 (B) REPRESENTATION.—The Secretary 

16 shall appoint the members to Committee from 

17 among representatives of— 

18 (i) domestic industry; 

19 (ii) institutions of higher education; 

20 (iii) professional societies; 

21 (iv) Federal, State, and local govern22 mental agencies (including the National 

23 Laboratories); and 

24 (v) financial, transportation, labor, en25 vironmental, electric utility, or other apVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 propriate organizations or individuals with 

2 direct experience in deploying and mar3 keting plug-in electric drive vehicles, as the 

4 Secretary determines to be necessary. 

5 (2) TERMS.— 

6 (A) IN GENERAL.—The term of a Com7 mittee member shall not be longer than 3 years. 

8 (B) STAGGERED TERMS.—The Secretary 

9 may appoint members to the Committee for dif10 fering term lengths to ensure continuity in the 

11 functioning of the Committee. 

12 (C) REAPPOINTMENTS.—A member of the 

13 Committee whose term is expiring may be re14 appointed. 

15 (3) CHAIRPERSON.—The Committee shall have 

16 a chairperson, who shall be elected by and from the 

17 members. 

18 (d) REVIEW.—The Committee shall review and make 

19 recommendations to the Secretary on the implementation 

20 of programs and activities under this title. 

21 (e) RESPONSE.— 

22 (1) IN GENERAL.—The Secretary shall consider 

23 and may adopt any recommendation of the Com24 mittee under subsection (c). 

25 (2) BIENNIAL REPORT.— 


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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act and 

3 every 2 years thereafter, the Secretary shall 

4 submit to the appropriate committees of Con5 gress a report describing any new recommenda6 tions of the Committee. 

7 (B) CONTENTS.—The report shall in8 clude— 

9 (i) a description of the manner in 

10 which the Secretary has implemented or 

11 plans to implement the recommendations 

12 of the Committee; or 

13 (ii) an explanation of the reason that 

14 a recommendation of the Committee has 

15 not been implemented. 

16 (C) TIMING.—The report described in this 

17 paragraph shall be submitted by the Secretary 

18 at the same time the President submits the 

19 budget proposal for the Department of Energy 

20 to Congress. 

21 (f) COORDINATION.—The Committee shall— 

22 (1) hold joint annual meetings with the Hydro23 gen and Fuel Cell Technical Advisory Committee es24 tablished by section 807 of the Energy Policy Act of 


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1 2005 (42 U.S.C. 16156) to help coordinate the work 

2 and recommendations of the Committees; and 

3 (2) coordinate efforts, to the maximum extent 

4 practicable, with all existing independent, depart5 mental, and other advisory Committees, as deter6 mined to be appropriate by the Secretary. 

7 (g) SUPPORT.—The Secretary shall provide to the 

8 Committee the resources necessary to carry out this sec9 tion, as determined to be necessary by the Secretary. 

10 SEC. 2135. PLUG-IN ELECTRIC DRIVE VEHICLE INTER11 AGENCY TASK FORCE. 

12 (a) IN GENERAL.—Not later than 120 days after the 

13 date of enactment of this Act, the President shall establish 

14 the Plug-in Electric Drive Vehicle Interagency Task 

15 Force, to be chaired by the Secretary and which shall con16 sist of at least 1 representative from each of— 

17 (1) the Office of Science and Technology Policy; 

18 (2) the Council on Environmental Quality; 

19 (3) the Department of Energy; 

20 (4) the Department of Transportation; 

21 (5) the Department of Defense; 

22 (6) the Department of Commerce (including the 

23 National Institute of Standards and Technology); 

24 (7) the Environmental Protection Agency; 

25 (8) the General Services Administration; and 


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1 (9) any other Federal agencies that the Presi2 dent determines to be appropriate. 

3 (b) MISSION.—The mission of the Task Force shall 

4 be to ensure awareness, coordination, and integration of 

5 the activities of the Federal Government relating to plug6 in electric drive vehicles, including— 

7 (1) plug-in electric drive vehicle research and 

8 development (including necessary components); 

9 (2) the development of widely accepted smart10 grid standards and protocols for charging infrastruc11 ture; 

12 (3) the relationship of plug-in electric drive ve13 hicle charging practices to electric utility regulation; 

14 (4) the relationship of plug-in electric drive ve15 hicle deployment to system reliability and security; 

16 (5) the general deployment of plug-in electric 

17 drive vehicles in the Federal, State, and local gov18 ernments and for private use; 

19 (6) the development of uniform codes, stand20 ards, and safety protocols for plug-in electric drive 

21 vehicles and charging infrastructure; and 

22 (7) the alignment of international plug-in elec23 tric drive vehicle standards. 

24 (c) ACTIVITIES.— 


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1 (1) IN GENERAL.—In carrying out this section, 

2 the Task Force may— 

3 (A) organize workshops and conferences; 

4 (B) issue publications; and 

5 (C) create databases. 

6 (2) MANDATORY ACTIVITIES.—In carrying out 

7 this section, the Task Force shall— 

8 (A) foster the exchange of generic, non9 proprietary information and technology among 

10 industry, academia, and the Federal Govern11 ment; 

12 (B) integrate and disseminate technical 

13 and other information made available as a re14 sult of the programs and activities under this 

15 title; 

16 (C) support education about plug-in elec17 tric drive vehicles; 

18 (D) monitor, analyze, and report on the ef19 fects of plug-in electric drive vehicle deployment 

20 on the environment and public health, including 

21 air emissions from vehicles and electricity gen22 erating units; and 

23 (E) review and report on— 

24 (i) opportunities to use Federal pro25 grams (including laws, regulations, and 


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1 guidelines) to promote the deployment of 

2 plug-in electric drive vehicles; and 

3 (ii) any barriers to the deployment of 

4 plug-in electric drive vehicles, including 

5 barriers that are attributable to Federal 

6 programs (including laws, regulations, and 

7 guidelines). 

8 (d) AGENCY COOPERATION.—A Federal agency— 

9 (1) shall cooperate with the Task Force; and 

10 (2) provide, on request of the Task Force, ap11 propriate assistance in carrying out this section, in 

12 accordance with applicable Federal laws (including 

13 regulations). 

14 DIVISION C—CLEAN ENERGY 

15 JOBS AND CONSUMER SAVINGS 

16 TITLE XXX—HOME STAR 

17 RETROFIT REBATE PROGRAM 

18 SEC. 3001. SHORT TITLE. 

19 This title may be cited as the ‘‘Home Star Retrofit 

20 Act of 2010’’. 

21 SEC. 3002. DEFINITIONS. 

22 In this title: 

23 (1) ACCREDITED CONTRACTOR.—The term ‘‘ac24 credited contractor’’ means a residential energy effi25 ciency contractor that meets the minimum applicable 


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1 requirements established under subsections (a) and 

2 (b) of section 3004. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) BPI.—The term ‘‘BPI’’ means the Building 

7 Performance Institute. 

8 (4) CERTIFIED WORKFORCE.—The term ‘‘cer9 tified workforce’’ means a residential efficiency con10 struction workforce in which all persons performing 

11 installation work in the areas of building envelope 

12 retrofits, duct sealing, or any other additional skill 

13 category designated by the Secretary of Labor, in 

14 consultation with stakeholders and the Secretary of 

15 Energy, are certified through an existing certifi16 cation that covers the appropriate job skills under— 

17 (A) an applicable third party skills stand18 ard established— 

19 (i) by the BPI; 

20 (ii) by the North American Technician 

21 Excellence; 

22 (iii) by the Laborers’ International 

23 Union of North America; 

24 (B) an applicable third party skills stand25 ard established in the State in which the work 


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1 is to be performed, pursuant to a program oper2 ated by the Home Builders Institute in connec3 tion with Ferris State University, to be effective 

4 beginning on the date that is 30 days after the 

5 date notice is provided by those organizations to 

6 the Secretary that the program has been estab7 lished in the State unless the Secretary deter8 mines, not later than 30 days after the date of 

9 the notice, that the standard or certification 

10 does not equal in quality the standards and cer11 tifications described in subparagraph (A); or 

12 (C) other standards that the Secretary 

13 shall approve not later than 30 days after the 

14 date of submission, in consultation with the 

15 Secretary of Labor and the Administrator. 

16 (5) CONDITIONED SPACE.—The term ‘‘condi17 tioned space’’ means the area of a home that is— 

18 (A) intended for habitation; and 

19 (B) intentionally heated or cooled. 

20 (6) CONTRACTOR.—The term ‘‘contractor’’ 

21 means a residential efficiency contracting business 

22 entity. 

23 (7) DOE.—The term ‘‘DOE’’ means the De24 partment of Energy. 


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1 (8) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ means any person or State agency that de3 livers or sells electric energy at retail, including non4 regulated utilities and utilities that are subject to 

5 State regulation and Federal power marketing ad6 ministrations. 

7 (9) EPA.—The term ‘‘EPA’’ means the Envi8 ronmental Protection Agency. 

9 (10) FEDERAL REBATE PROCESSING SYSTEM.— 

10 The term ‘‘Federal Rebate Processing System’’ 

11 means the Federal Rebate Processing System estab12 lished under section 3003(b). 

13 (11) GOLD STAR HOME RETROFIT PROGRAM.— 

14 The term ‘‘Gold Star Home Retrofit Program’’ 

15 means the Gold Star Home Retrofit Program estab16 lished under section 3008. 

17 (12) HOME.—The term ‘‘home’’ means a prin18 cipal residential dwelling unit in a building with no 

19 more than 4 dwelling units that— 

20 (A) is located in the United States; and 

21 (B) was constructed before the date of en22 actment of this Act. 

23 (13) HOMEOWNER.—The term ‘‘homeowner’’ 

24 means the resident or non-resident owner of record 

25 of a home. 


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1 (14) HOME STAR LOAN PROGRAM.—The term 

2 ‘‘Home Star loan program’’ means the Home Star 

3 efficiency loan program established under section 

4 3015(a). 

5 (15) HOME STAR RETROFIT REBATE PRO6 GRAM.—The term ‘‘Home Star Retrofit Rebate Pro7 gram’’ means the Home Star Retrofit Rebate Pro8 gram established under section 3003(a). 

9 (16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b). 

13 (17) NATURAL GAS UTILITY.—The term ‘‘nat14 ural gas utility’’ means any person or State agency 

15 that transports, distributes, or sells natural gas at 

16 retail, including nonregulated utilities and utilities 

17 that are subject to State regulation. 

18 (18) QUALIFIED CONTRACTOR.—The term 

19 ‘‘qualified contractor’’ means a contractor that 

20 meets minimum applicable requirements established 

21 under section 3004(a). 

22 (19) QUALITY ASSURANCE FRAMEWORK.—The 

23 term ‘‘quality assurance framework’’ means a policy 

24 adopted by a State to develop high standards for en25 suring quality in ongoing efficiency retrofit activities 


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1 in which the State has a role, including operation of 

2 the quality assurance program and creating signifi3 cant employment opportunities, in particular for tar4 geted workers. 

5 (20) QUALITY ASSURANCE PROGRAM.— 

6 (A) IN GENERAL.—The term ‘‘quality as7 surance program’’ means a program established 

8 under this title or recognized by the Secretary 

9 under this title, to oversee the delivery of home 

10 efficiency retrofit programs to ensure that work 

11 is performed in accordance with standards and 

12 criteria established under this title. 

13 (B) INCLUSIONS.—For purposes of sub14 paragraph (A), delivery of retrofit programs in15 cludes delivery of quality assurance reviews of 

16 rebate applications and field inspections for a 

17 portion of customers receiving rebates and con18 ducted by a quality assurance provider, with the 

19 consent of participating consumers and without 

20 delaying rebate payments to participating con21 tractors. 

22 (21) QUALITY ASSURANCE PROVIDER.—The 

23 term ‘‘quality assurance provider’’ means any entity 

24 that meets the minimum applicable requirements es25 tablished under section 3006. 


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1 (22) REBATE AGGREGATOR.—The term ‘‘rebate 

2 aggregator’’ means an entity that meets the require3 ments of section 3005. 

4 (23) RESNET.—The term ‘‘RESNET’’ means 

5 the Residential Energy Services Network, which is a 

6 nonprofit certification and standard setting organi7 zation for home energy raters that evaluate the en8 ergy performance of a home. 

9 (24) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Energy. 

11 (25) SILVER STAR HOME RETROFIT PRO12 GRAM.—The term ‘‘Silver Star Home Retrofit Pro13 gram’’ means the Silver Star Home Retrofit Pro14 gram established under section 3007. 

15 (26) STATE.—The term ‘‘State’’ means— 

16 (A) a State; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; 

19 (D) Guam; 

20 (E) American Samoa; 

21 (F) the Commonwealth of the Northern 

22 Mariana Islands; 

23 (G) the United States Virgin Islands; and 

24 (H) any other territory or possession of the 

25 United States. 


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1 (27) TARGETED WORKER.—The term ‘‘targeted 

2 worker’’ means— 

3 (A) an individual who (as determined by 

4 the Secretary of Labor, in consultation with the 

5 Secretary of Energy)— 

6 (i) is old enough to be employed under 

7 the Fair Labor Standards Act of 1938 (29 

8 U.S.C. 201 et seq.) and State law; 

9 (ii) resides in an area with high or 

10 chronic unemployment and low median 

11 household incomes; and 

12 (iii) is unemployed or underemployed; 

13 or 

14 (B) a veteran of Operation Iraqi Freedom 

15 or Operation Enduring Freedom. 

16 (28) VENDOR.—The term ‘‘vendor’’ means any 

17 retailer that sells directly to homeowners and con18 tractors the materials used for the savings measures 

19 under section 3007. 

20 (29) WATERSENSE PRODUCT OR SERVICE.— 

21 The term ‘‘WaterSense product or service’’ means a 

22 water-efficient product or service that meets speci23 fications established by the Administrator under the 

24 WaterSense Program of the Environmental Protec25 tion Agency. 


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1 SEC. 3003. HOME STAR RETROFIT REBATE PROGRAM. 

2 (a) IN GENERAL.—The Secretary shall establish the 

3 Home Star Retrofit Rebate Program. 

4 (b) FEDERAL REBATE PROCESSING SYSTEM.— 

5 (1) REQUIREMENTS.— 

6 (A) IN GENERAL.—Not later than 30 days 

7 after the date of enactment of this Act, the Sec8 retary, in consultation with the Secretary of the 

9 Treasury and the Administrator, shall— 

10 (i) establish a Federal Rebate Proc11 essing System which shall serve as a data12 base and information technology system 

13 that will allow rebate aggregators to sub14 mit claims for reimbursement using stand15 ard data protocols; 

16 (ii) establish a national retrofit 

17 website that provides information on the 

18 Home Star Retrofit Rebate Program, in19 cluding— 

20 (I) how to determine whether 

21 particular efficiency measures are eli22 gible for rebates; and 

23 (II) how to participate in the 

24 program; 

25 (iii) make available, on a designated 

26 website, model forms for compliance with 


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1 all applicable requirements of this title, to 

2 be submitted by— 

3 (I) each qualified contractor on 

4 completion of an eligible home ret5 rofit; 

6 (II) each quality assurance pro7 vider on completion of field 

8 verification; and 

9 (III) each purchaser of a 

10 WaterSense product or service; and 

11 (iv) subject to section 3016, provide 

12 such administrative and technical support 

13 to rebate aggregators and States as is nec14 essary to carry out this title. 

15 (B) DISTRIBUTION OF FUNDS.—Not later 

16 than 10 days after the date of receipt of bun17 dled rebate applications from a rebate 

18 aggregator, the Secretary shall distribute funds 

19 to the rebate aggregator on approved claims for 

20 reimbursement made to the Federal Rebate 

21 Processing System. 

22 (C) FUNDING AVAILABILITY.—The Sec23 retary shall post, on a weekly basis, on the na24 tional retrofit website established under sub25 paragraph (A)(ii) information on— 


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1 (i) the total number of rebate claims 

2 approved for reimbursement; and 

3 (ii) the total amount of funds dis4 bursed for rebates. 

5 (D) PROGRAM ADJUSTMENT OR TERMI6 NATION.—Based on the information described 

7 in subparagraph (C), the Secretary shall an8 nounce a termination date and reserve funding 

9 to process the rebate applications that are in 

10 the Federal Rebate Processing System prior to 

11 the termination date to ensure that all valid ap12 plications made to the program for rebate reim13 bursement are paid. 

14 (2) MODEL FORMS.—In carrying out this sec15 tion, the Secretary shall consider the model forms 

16 developed by the National Home Performance Coun17 cil. 

18 (c) ADMINISTRATIVE AND TECHNICAL SUPPORT.— 

19 Effective beginning not later than 30 days after the date 

20 of enactment of this Act, the Secretary shall provide such 

21 administrative and technical support to rebate aggregators 

22 and States as is necessary to carry out this title. 

23 (d) PUBLIC INFORMATION CAMPAIGN.—Not later 

24 than 60 days after the date of enactment of this Act, the 


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1 Administrator shall develop and implement a public edu2 cation campaign that describes, at a minimum— 

3 (1) the benefits of home energy and water-sav4 ing retrofits; 

5 (2) the availability of rebates for— 

6 (A) the installation of qualifying efficiency 

7 measures; and 

8 (B) whole home efficiency improvements; 

9 and 

10 (3) the requirements for qualified contractors 

11 and accredited contractors. 

12 (e) LIMITATION.—Silver Star rebates provided under 

13 section 3007 and Gold Star rebates provided under section 

14 3008 may be provided for the same home only if— 

15 (1) Silver Star rebates are awarded prior to 

16 Gold Star rebates; 

17 (2) savings obtained from measures under the 

18 Silver Star Home Retrofit Program are not counted 

19 towards the simulated savings that determine the 

20 value of a rebate under the Gold Star Home Retrofit 

21 Program; and 

22 (3) the combined Silver Star and Gold Star re23 bates provided to the individual homeowner do not 

24 exceed $8,000. 


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1 (f) AVAILABILITY.—Not later than 90 days after the 

2 date of enactment of this Act, the Secretary shall ensure 

3 that Home Star retrofit rebates are available to all home4 owners in the United States to the maximum extent prac5 ticable. 

6 SEC. 3004. CONTRACTORS. 

7 (a) CONTRACTOR QUALIFICATIONS FOR SILVER STAR

8 HOME RETROFIT PROGRAM.—A contractor may perform 

9 retrofit work under the Silver Star Home Retrofit Pro10 gram only if the contractor meets or provides— 

11 (1) all applicable contractor licensing require12 ments established by the applicable State or, if none 

13 exist at the State level, the Secretary; 

14 (2) insurance coverage of at least $1,000,000 

15 for general liability, and for such other purposes and 

16 in such other amounts as required by the State; 

17 (3) warranties to homeowners that completed 

18 work will— 

19 (A) be free of significant defects; 

20 (B) be installed in accordance with the 

21 specifications of the manufacturer; and 

22 (C) perform properly for a period of at 

23 least 1 year after the date of completion of the 

24 work; 


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1 (4) an agreement to provide the owner of a 

2 home, through a discount, the full economic value of 

3 all rebates received under this title with respect to 

4 the home; and 

5 (5) an agreement to provide the homeowner, be6 fore a contract is executed between the contractor 

7 and a homeowner covering the eligible work, a notice 

8 of — 

9 (A) the rebate amount the contractor in10 tends to apply for with respect to eligible work 

11 under this title; and 

12 (B) the means by which the rebate will be 

13 passed through as a discount to the homeowner. 

14 (b) CONTRACTOR QUALIFICATIONS FOR GOLD STAR

15 HOME RETROFIT PROGRAM.— 

16 (1) IN GENERAL.—A contractor may perform 

17 retrofit work under the Gold Star Home Retrofit 

18 Program only if the contractor— 

19 (A) meets the requirements for qualified 

20 contractors under subsection (a); 

21 (B) is accredited— 

22 (i) by the BPI; or 

23 (ii) under other standards that the 

24 Secretary shall approve not later than 30 

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1 sultation with the Administrator, under an 

2 equivalent accreditation approved by the 

3 Secretary under which the contractor, at a 

4 minimum— 

5 (I) educates the consumer on the 

6 value of comprehensive energy retrofit 

7 work; 

8 (II) meets whole house con9 tracting standards in conducting home 

10 performance work relating to home 

11 energy auditing, health and safety 

12 testing, heating, air-conditioning, and 

13 heat pumps; 

14 (III) employs sufficient levels of 

15 staff who are certified to the stand16 ards covering the appropriate whole 

17 house energy audits and retrofit up18 grades; 

19 (IV) maintains calibrated diag20 nostic equipment for use in con21 ducting energy retrofitting, assess22 ment, and health and safety testing 

23 on the house; 


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1 (V) records and maintains all 

2 project information for review during 

3 the quality assurance inspection; 

4 (VI) maintains quality assurance 

5 records of internal reviews of the op6 eration and performance of the busi7 ness; 

8 (VII) adopts a customer dispute 

9 resolution policy that establishes a 

10 specific time line in resolving any dis11 putes with the consumer; and 

12 (VIII) meets such other stand13 ards as are required by the Secretary; 

14 (C) except as provided in paragraph (2), 

15 effective 1 year after the date on which funds 

16 are provided under this title, employs a certified 

17 workforce; and 

18 (D) effective beginning 1 year after the 

19 date of enactment of this Act, meets all require20 ments of an applicable State quality assurance 

21 framework. 

22 (2) EXCEPTION.—A contractor described in 

23 paragraph (1)(C) may employ a person who is not 

24 certified to perform installation work covered under 

25 section 3002(4) if the employee— 


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1 (A) has not worked for the contractor or 

2 on Home Star projects for a period of more 

3 than 180 days; 

4 (B) is supervised on each project by a fel5 low employee who is certified under section 

6 3002(4) to perform the applicable covered work; 

7 (C) is the only person who performs cov8 ered installation work on a project and has not 

9 been certified under section 3002(4); and 

10 (D) is directly employed by the contractor 

11 or the subcontractor of the contractor, and not 

12 self employed, or employed through a temporary 

13 employment agency, staffing service, or other 

14 intermediary. 

15 (c) HEALTH AND SAFETY REQUIREMENTS.—Nothing 

16 in this title relieves any contractor from the obligation to 

17 comply with applicable Federal, State, and local health 

18 and safety code requirements. 

19 SEC. 3005. REBATE AGGREGATORS. 

20 (a) IN GENERAL.—The Secretary shall develop a net21 work of rebate aggregators that can facilitate the delivery 

22 of rebates to participating contractors and vendors for dis23 counts provided to homeowners for efficiency retrofit 

24 work. 

25 (b) RESPONSIBILITIES.—Rebate aggregators shall— 


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1 (1) review the proposed rebate application for 

2 completeness and accuracy; 

3 (2) review measures under the Silver Star 

4 Home Retrofit Program and savings under the Gold 

5 Star Home Retrofit Program for eligibility in ac6 cordance with this title; 

7 (3) provide data to the Federal Data Processing 

8 Center consistent with data protocols established by 

9 the Secretary; and 

10 (4) distribute funds received from DOE to con11 tractors, vendors, or other persons. 

12 (c) PROCESSING REBATE APPLICATIONS.—A rebate 

13 aggregator shall— 

14 (1) submit the rebate application to the Federal 

15 Rebate Processing Center not later than 14 days 

16 after the date of receipt of a rebate application from 

17 a contractor; and 

18 (2) distribute funds to the contractor not later 

19 than 6 days after the date of receipt from the Fed20 eral Rebate Processing System. 

21 (d) ELIGIBILITY.—To be eligible to apply to the Sec22 retary for approval as a rebate aggregator, an entity shall 

23 be— 

24 (1) a Home Performance with Energy Star 

25 partner; 


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1 (2) an entity administering a residential effi2 ciency retrofit program established or approved by a 

3 State; 

4 (3) a Federal Power Marketing Administration, 

5 an electric utility, or a natural gas utility that has— 

6 (A) an approved residential efficiency ret7 rofit program; and 

8 (B) an established quality assurance pro9 vider network; or 

10 (4) an entity that demonstrates to the Sec11 retary that the entity can perform the functions of 

12 an rebate aggregator, without disrupting existing 

13 residential retrofits in the States that are incor14 porating the Home Star Program, including dem15 onstration of— 

16 (A) corporate status or status as a State 

17 or local government; 

18 (B) the capability to provide electronic 

19 data to the Federal Rebate Processing System; 

20 (C) a financial system that is capable of 

21 tracking the distribution of rebates to partici22 pating contractors; and 

23 (D) coordination and cooperation by the 

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1 grams that will be delivering the Home Star 

2 Program. 

3 (e) APPLICATION TO BECOME A REBATE

4 AGGREGATOR.—Not later than 30 days after the date of 

5 receipt of an application of an entity seeking to become 

6 a rebate aggregator, the Secretary shall approve or deny 

7 the application on the basis of the eligibility criteria under 

8 subsection (d). 

9 (f) APPLICATION PRIORITY.—In reviewing applica10 tions from entities seeking to become rebate aggregators, 

11 the Secretary shall give priority to entities that commit— 

12 (1) to reviewing applications for participation in 

13 the program from all qualified contractors within a 

14 defined geographic region; and 

15 (2) to processing rebate applications more rap16 idly than the minimum requirements established 

17 under the program. 

18 (g) PUBLIC UTILITY COMMISSION EFFICIENCY TAR19 GETS.—The Secretary shall— 

20 (1) develop guidelines for States to use to allow 

21 utilities participating as rebate aggregators to count 

22 the savings from the participation of the utilities to23 ward State-level savings targets; and 


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1 (2) work with States to assist in the adoption 

2 of the guidelines for the purposes and duration of 

3 the Home Star Retrofit Rebate Program. 

4 SEC. 3006. QUALITY ASSURANCE PROVIDERS. 

5 (a) IN GENERAL.—An entity shall be considered a 

6 quality assurance provider under this title if the entity— 

7 (1) is independent of the contractor; 

8 (2) confirms the qualifications of contractors or 

9 installers of home efficiency retrofits; 

10 (3) confirms compliance with the requirements 

11 of a ‘‘certified workforce’’; and 

12 (4) performs field inspections and other meas13 ures required to confirm the compliance of the ret14 rofit work under the Silver Star program, and the 

15 retrofit work and the use of software simulation sav16 ings under the Gold Star program, based on the re17 quirements of this title. 

18 (b) INCLUSIONS.—An entity shall be considered a 

19 quality assurance provider under this title if the entity is 

20 qualified through— 

21 (1) the International Code Council; 

22 (2) the BPI; 

23 (3) the RESNET; 

24 (4) a State; 


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1 (5) a State-approved residential efficiency ret2 rofit program; or 

3 (6) any other entity designated by the Sec4 retary, in consultation with the Administrator. 

5 SEC. 3007. SILVER STAR HOME RETROFIT PROGRAM. 

6 (a) IN GENERAL.—If the energy-efficiency or water7 saving retrofit of a home is carried out after the date of 

8 enactment of this Act in accordance with this section, a 

9 rebate shall be awarded for the energy or water savings 

10 retrofit of a home for the installation of savings meas11 ures— 

12 (1) selected from the list of energy and water 

13 savings measures described in subsection (b); 

14 (2) installed in the home by a qualified con15 tractor not later than 1 year after the date of enact16 ment of this Act; 

17 (3) carried out in compliance with this section; 

18 and 

19 (4) subject to the maximum amount limitations 

20 established under subsection (d)(4). 

21 (b) ENERGY AND WATER SAVINGS MEASURES.— 

22 Subject to subsection (c), a rebate shall be awarded under 

23 this section for the installation of the following energy or 

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1 rofit that meet technical standards established under this 

2 section: 

3 (1) Whole house air-sealing measures (including 

4 interior and exterior measures and using sealants, 

5 caulks, insulating foams, gaskets, weather-stripping, 

6 mastics, and other building materials), in accordance 

7 with BPI standards or other procedures approved by 

8 the Secretary. 

9 (2) Attic insulation measures that— 

10 (A) include sealing of air leakage between 

11 the attic and the conditioned space, in accord12 ance with BPI standards or the attic portions 

13 of the DOE or EPA thermal bypass checklist or 

14 other procedures approved by the Secretary; 

15 (B) add at least R–19 insulation to exist16 ing insulation; 

17 (C) result in at least R–38 insulation in 

18 DOE climate zones 1 through 4 and at least R– 

19 49 insulation in DOE climate zones 5 through 

20 8, including existing insulation, within the lim21 its of structural capacity; and 

22 (D) cover at least— 

23 (i) 100 percent of an accessible attic; 

24 or 


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1 (ii) 75 percent of the total conditioned 

2 footprint of the house. 

3 (3) Duct seal or replacement that— 

4 (A) is installed in accordance with BPI 

5 standards or other procedures approved by the 

6 Secretary; and 

7 (B) in the case of duct replacement, re8 places and seals at least 50 percent of a dis9 tribution system of the home. 

10 (4) Wall insulation that— 

11 (A) is installed in accordance with BPI 

12 standards or other procedures approved by the 

13 Secretary; 

14 (B) is to full-stud thickness; and 

15 (C) covers at least 75 percent of the total 

16 external wall area of the home. 

17 (5) Crawl space insulation or basement wall 

18 and rim joist insulation that is installed in accord19 ance with BPI standards or other procedures ap20 proved by the Secretary— 

21 (A) covers at least 500 square feet of crawl 

22 space or basement wall and adds at least— 

23 (i) R–19 of cavity insulation or R–15 

24 of continuous insulation to existing crawl 

25 space insulation; or 


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1 (ii) R–13 of cavity insulation or R–10 

2 of continuous insulation to basement walls; 

3 and 

4 (B) fully covers the rim joist with at least 

5 R–10 of new continuous or R–13 of cavity insu6 lation. 

7 (6) Window replacement that replaces at least 

8 8 exterior windows, or 75 percent of the exterior 

9 windows in a home, whichever is less, with windows 

10 that— 

11 (A) are certified by the National Fenestra12 tion Rating Council; and 

13 (B) comply with criteria applicable to win14 dows under section 25(c) of the Internal Rev15 enue Code of 1986. 

16 (7) Door replacement that replaces at least 1 

17 exterior door with doors that comply with criteria 

18 applicable to doors under the 2010 Energy Star 

19 specification for doors. 

20 (8) Skylight replacement that replaces at least 

21 1 skylight with skylights that comply with criteria 

22 applicable to skylights under the 2010 Energy Star 

23 specification for skylights. 

24 (9)(A) Heating system replacement with— 


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1 (i) a natural gas or propane furnace with 

2 an AFUE rating of 95 or greater; 

3 (ii) a natural gas or propane boiler with an 

4 AFUE rating of 90 or greater; 

5 (iii) an oil furnace with an AFUE rating 

6 of 86 or greater and that uses an electrically 

7 commutated blower motor; 

8 (iv) an oil boiler with an AFUE rating of 

9 86 or greater and that has temperature reset or 

10 thermal purge controls; or 

11 (v) a wood or wood pellet furnace, boiler, 

12 or stove, if— 

13 (I) the new system— 

14 (aa) meets at least 75 percent of 

15 the heating demands of the home; and 

16 (bb) in the case of a wood stove, 

17 replaces an existing wood stove with a 

18 stove that is EPA-certified, if a 

19 voucher is provided by the installer or 

20 other responsible party certifying that 

21 the old stove has been removed and 

22 made inoperable; 

23 (II) the home has a distribution sys24 tem (such as ducts, vents, blowers, or af25 fixed fans) that allows heat from the wood 


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1 stove, furnace, or boiler to reach all or 

2 most parts of the home; and 

3 (III) an independent test laboratory 

4 approved by the Secretary or the Adminis5 trator certifies that the new system— 

6 (aa) has thermal efficiency (with 

7 a lower heating value) of at least 75 

8 percent for stoves and 80 percent for 

9 furnaces and boilers; and 

10 (bb) has particulate emissions of 

11 less than 3.0 grams per hour for wood 

12 stoves or pellet stoves, and less than 

13 0.32 lbs per million BTU for outdoor 

14 boilers and furnaces. 

15 (B) A rebate may be provided under this sec16 tion for the replacement of a furnace or boiler de17 scribed in clauses (i) through (iv) of subparagraph 

18 (A) only if the new furnace or boiler is installed in 

19 accordance with ANSI/ACCA Standard 5 QI – 

20 2007. 

21 (10) Automatic water temperature controllers 

22 that vary boiler water temperature in response to 

23 changes in outdoor temperature or the demand for 

24 heat, if the retrofit is to an existing boiler and not 

25 in conjunction with a new boiler. 


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1 (11) Air-conditioner or heat-pump replacement 

2 with a new unit that— 

3 (A) is installed in accordance with ANSI/ 

4 ACCA Standard 5 QI–2007; and 

5 (B) meets or exceeds— 

6 (i) in the case of an air-source condi7 tioner, SEER 16 and EER 13; 

8 (ii) in the case of an air-source heat 

9 pump, SEER 15, EER 12.5, and HSPF 

10 8.5; and 

11 (iii) in the case of a geothermal heat 

12 pump, Energy Star tier 2 efficiency re13 quirements. 

14 (12) Replacement of or with— 

15 (A) a natural gas or propane water heater 

16 with a condensing storage water heater with an 

17 energy factor of 0.80 or more or a condensing 

18 storage water heater or tankless water heater 

19 with a thermal efficiency of 90 percent or more; 

20 (B) a tankless natural gas or propane 

21 water heater with an energy factor of at least 

22 .82; 

23 (C) a natural gas or propane storage water 

24 heater with an energy factor of at least .67; 


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1 (D) an indirect water heater with an insu2 lated storage tank that— 

3 (i) has a storage capacity of at least 

4 30 gallons and is insulated to at least R– 

5 16; and 

6 (ii) is installed in conjunction with a 

7 qualifying boiler described in paragraph 

8 (7); 

9 (E) an electric water heater with an energy 

10 factor of 2.0 or more; 

11 (F) a water heater with a solar hot water 

12 system that— 

13 (i) is certified by the Solar Rating and 

14 Certification Corporation under specifica15 tion SRCC-OG-300; or 

16 (ii) meets technical standards estab17 lished by the State of Hawaii; or 

18 (G) a water heater installed in conjunction 

19 with a qualifying geothermal heat pump de20 scribed in paragraph (11) that provides domes21 tic water heating through the use of— 

22 (i) year-round demand water heating 

23 capability; or 

24 (ii) a desuperheater. 

25 (13) Storm windows that— 


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1 (A) are installed on a least 5 single-glazed 

2 windows that do not have storm windows; 

3 (B) are installed in a home listed on or eli4 gible for listing in the National Register of His5 toric Places; and 

6 (C) comply with any procedures that the 

7 Secretary may establish for storm windows (in8 cluding installation). 

9 (14) Roof replacement that replaces at least 75 

10 percent of the roof area with energy-saving roof 

11 products certified under the Energy Star program. 

12 (15) Window films that are installed on at least 

13 8 exterior windows, doors, or skylights, or 75 per14 cent of the total exterior square footage of glass, 

15 whichever is more, in a home with window films 

16 that— 

17 (A) are certified by the National Fenestra18 tion Rating Council; 

19 (B) have a Solar Heat Gain Coefficient of 

20 0.43 or less with a visible light-to-solar heat 

21 gain ratio of at least 1.1 in 2009 International 

22 Energy Conservation Code climate zones 1 

23 through 8; and 

24 (C) are certified to reduce the U-factor of 

25 the National Fenestration Rating Council dual 


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1 pane reference window by 0.05 or greater and 

2 are only applied to nonmetal frame dual pane 

3 windows in 2009 International Energy Con4 servation Code climate zones 4 through 8. 

5 (16) WaterSense products or services. 

6 (c) INSTALLATION COSTS.—Measures described in 

7 paragraphs (1) through (16) of subsection (b) shall in8 clude expenditures for labor and other installation-related 

9 costs (including venting system modification and conden10 sate disposal) properly allocable to the onsite preparation, 

11 assembly, or original installation of the component. 

12 (d) AMOUNT OF REBATE.— 

13 (1) IN GENERAL.—Except as provided in para14 graphs (2) through (4), the amount of a rebate pro15 vided under this section shall be $1,000 per measure 

16 for the installation of savings measures described in 

17 subsection (b) 

18 (2) HIGHER REBATE AMOUNT.—Except as pro19 vided in paragraph (4), the amount of a rebate pro20 vided to the owner of a home or designee under this 

21 section shall be $1,500 per measure for— 

22 (A) attic insulation and air sealing de23 scribed in subsection (b)(2); 

24 (B) wall insulation described in subsection 

25 (b)(4); 


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1 (C) a heating system described in sub2 section (b)(9); and 

3 (D) an air-conditioner or heat-pump re4 placement described in subsection (b)(11). 

5 (3) LOWER REBATE AMOUNT.—Except as pro6 vided in paragraph (4), the amount of a rebate pro7 vided under this section shall be— 

8 (A) $125 per door for the installation of 

9 up to a maximum of 2 Energy Star doors de10 scribed in subsection (b)(7) for each home; 

11 (B) $125 per skylight for the installation 

12 of up to a maximum of 2 Energy Star skylights 

13 described in subsection (b)(8) for each home; 

14 (C) $750 for a maximum of 1 natural gas 

15 or propane tankless water heater described in 

16 subsection (b)(12)(B) for each home; 

17 (D) $450 for a maximum of 1 natural gas 

18 or propane storage water heater described in 

19 subsection (b)(12)(C) for each home; 

20 (E) $250 for rim joist insulation described 

21 in subsection (b)(5)(B); 

22 (F) $50 for each storm window described 

23 in subsection (b)(13); 

24 (G) $500 for a desuperheater described in 

25 subsection (b)(12)(G)(ii); 


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1 (H) $500 for a wood or pellet stove that 

2 has a heating capacity of at least 28,000 BTU 

3 per hour (using the upper end of the range list4 ed in the EPA list of Certified Wood Stoves) 

5 and meets all of the requirements of subsection 

6 (b)(9)(A)(v) other than the requirements in 

7 items (aa) and (bb) of subsection 

8 (b)(9)(A)(v)(I); 

9 (I) $250 for an automatic water tempera10 ture controller described in subsection (b)(10); 

11 (J) $500 for a roof described in subsection 

12 (b)(14); 

13 (K) $500 for window films described in 

14 subsection (b)(15); and 

15 (L) $150 for any combination of 

16 WaterSense products or services described in 

17 subsection (b)(16), if the total cost of all 

18 WaterSense products or services is at least 

19 $300. 

20 (4) MAXIMUM AMOUNT.—The total amount of a 

21 rebate provided to the owner of a home or designee 

22 under this section shall not exceed the lower of— 

23 (A) $3,000; 

24 (B) the sum of the amounts per measure 

25 specified in paragraphs (1) through (3); 


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1 (C) 50 percent of the total cost of the in2 stalled measures; or 

3 (D) if the Secretary finds that the net 

4 value to the homeowner of the rebates is less 

5 than the amount of the rebates, the actual net 

6 value to the homeowner. 

7 (e) INSULATION PRODUCTS PURCHASED WITHOUT

8 INSTALLATION SERVICES.— 

9 (1) IN GENERAL.—A rebate shall be awarded 

10 under this section if— 

11 (A) the measure— 

12 (i) is— 

13 (I) a whole house air-sealing 

14 measure described in subsection 

15 (b)(1); 

16 (II) an attic insulation measure 

17 described in subsection (b)(2); 

18 (III) a duct seal or replacement 

19 measure described in subsection 

20 (b)(3); 

21 (IV) a wall insulation measure 

22 described in subsection (b)(4); or 

23 (V) a crawl space insulation 

24 measure or basement wall and rim 


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1 joist insulation measure described in 

2 subsection (b)(5); 

3 (ii) is purchased by a homeowner for 

4 installation by the homeowner in a home 

5 identified by the address of the home6 owner; 

7 (iii) is identified and attributed to a 

8 specific home in a submission by the ven9 dor to a rebate aggregator; 

10 (iv) is not part of— 

11 (I) a savings measure described 

12 in paragraphs (6) through (11) of 

13 subsection (b); and 

14 (II) a retrofit for which a rebate 

15 is provided under the Gold Star Home 

16 Retrofit Program; and 

17 (v) is not part of a savings measure 

18 described in paragraphs (1) through (5) in 

19 subsection (b) for which the homeowner re20 ceived or will receive contracting services; 

21 or 

22 (B) educational material on proper instal23 lation of the product is provided to the home24 owner, including material on air sealing while 

25 insulating. 


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1 (2) AMOUNT.—A rebate under this subsection 

2 shall be awarded in an amount equal to 50 percent 

3 of the total cost of the products described in para4 graph (1), but not to exceed $250 per home. 

5 (f) QUALIFICATION FOR REBATE UNDER SILVER

6 STAR HOME RETROFIT PROGRAM.—On submission of a 

7 claim by a rebate aggregator to the system established 

8 under section 3005, the Secretary shall provide reimburse9 ment to the rebate aggregator for reduced-cost energy-effi10 ciency measures installed in a home, if— 

11 (1) the measures undertaken for the retrofit 

12 are— 

13 (A) eligible measures described on the list 

14 established under subsection (b); 

15 (B) installed properly in accordance with 

16 applicable technical specifications; and 

17 (C) installed by a qualified contractor; 

18 (2) the amount of the rebate does not exceed 

19 the maximum amount described in subsection (d)(4); 

20 (3) not less than— 

21 (A) 20 percent of the retrofits performed 

22 by each qualified contractor under this section 

23 are randomly subject to a third-party field 

24 verification of all work associated with the ret25 rofit by a quality assurance provider; or 


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1 (B) in the case of qualified contractor that 

2 uses a certified workforce, 10 percent of the 

3 retrofits performed under this section are ran4 domly subject to a third-party field verification 

5 of all work associated with the retrofit by a 

6 quality assurance provider; and 

7 (4)(A) the installed measures will be brought 

8 into compliance with the specifications and quality 

9 standards for the Home Star Retrofit Rebate Pro10 gram, by the installing qualified contractor, at no 

11 additional cost to the homeowner, not later than 14 

12 days after the date of notification of a defect, if a 

13 field verification by a quality assurance provider 

14 finds that corrective work is needed; 

15 (B) a subsequent quality assurance visit is con16 ducted to evaluate the remedy not later than 7 days 

17 after notification by the contractor that the defect 

18 has been corrected; and 

19 (C) notification of disposition of the visit occurs 

20 not later than 7 days after the date of that visit. 

21 (g) HOMEOWNER COMPLAINTS.— 

22 (1) IN GENERAL.—During the 1-year warranty 

23 period, a homeowner may make a complaint under 

24 the quality assurance program that compliance with 


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1 the requirements of this section has not been 

2 achieved. 

3 (2) VERIFICATION.— 

4 (A) IN GENERAL.—The quality assurance 

5 program shall provide that, on receiving a com6 plaint under paragraph (1), an independent 

7 quality assurance provider shall conduct field 

8 verification on the retrofit work performed by 

9 the contractor. 

10 (B) ADMINISTRATION.—A verification 

11 under this paragraph shall be— 

12 (i) in addition to verifications con13 ducted under subsection (f)(3); and 

14 (ii) corrected in accordance with sub15 section (f)(4). 

16 (h) AUDITS.— 

17 (1) IN GENERAL.—On making payment for a 

18 submission under this section, the Secretary shall re19 view rebate requests to determine whether program 

20 requirements were met in all respects. 

21 (2) INCORRECT PAYMENT.—On a determination 

22 of the Secretary under paragraph (1) that a pay23 ment was made incorrectly to a party, the Secretary 

24 may— 


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1 (A) recoup the amount of the incorrect 

2 payment; or 

3 (B) withhold the amount of the incorrect 

4 payment from the next payment made to the 

5 party pursuant to a subsequent request. 

6 SEC. 3008. GOLD STAR HOME RETROFIT PROGRAM. 

7 (a) IN GENERAL.—If the energy efficiency or water 

8 savings retrofit of a home is carried out after the date 

9 of enactment of this Act by an accredited contractor in 

10 accordance with this section, a rebate shall be awarded 

11 for retrofits that achieve whole home energy or water sav12 ings. 

13 (b) AMOUNT OF REBATE.— 

14 (1) ENERGY SAVINGS.—Subject to subsection 

15 (e), the amount of a rebate provided to the owner 

16 of a home or a designee of the owner for energy sav17 ings under this section shall be— 

18 (A) $3,000 for a 20-percent reduction in 

19 whole home energy consumption; and 

20 (B) an additional $1,000 for each addi21 tional 5-percent reduction up to the lower of— 

22 (i) $8,000; or 

23 (ii) 50 percent of the total retrofit 

24 cost (including the cost of audit and diag25 nostic procedures). 


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1 (2) WATER SAVINGS.—Subject to subsection 

2 (e), the amount of a rebate provided to the owner 

3 of a home or a designee of the owner for a reduction 

4 in water consumption under this section shall be— 

5 (A) $500 for measures that achieve a 20- 

6 percent reduction in water consumption; and 

7 (B) an additional $100 for each additional 

8 5-percent reduction in water consumption up to 

9 the lower of— 

10 (i) $1,200; or 

11 (ii) 50 percent of the total retrofit 

12 cost (including the cost of audit and diag13 nostic procedures). 

14 (c) ENERGY AND WATER SAVINGS.— 

15 (1) IN GENERAL.—Reductions in whole home 

16 energy or water consumption under this section shall 

17 be determined by a comparison of the simulated en18 ergy or water consumption of the home before and 

19 after the retrofit of the home. 

20 (2) DOCUMENTATION.—The percent improve21 ment in energy or water consumption under this sec22 tion shall be documented through— 

23 (A)(i) the use of a whole home simulation 

24 software program that has been approved as a 

25 commercial alternative under the WeatherizaVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 tion Assistance Program for Low-Income Per2 sons established under part A of title IV of the 

3 Energy Conservation and Production Act (42 

4 U.S.C. 6861 et seq.); or 

5 (ii) a equivalent performance test estab6 lished by the Secretary, in consultation with the 

7 Administrator; or 

8 (B)(i) the use of a whole home simulation 

9 software program that has been approved under 

10 RESNET Publication No. 06–001 (or a suc11 cessor publication approved by the Secretary); 

12 (ii) an equivalent performance test estab13 lished by the Secretary; or 

14 (iii) a State-certified equivalent rating net15 work, as specified by IRS Notice 2008–35; or 

16 (iv) a HERS rating system required by 

17 State law. 

18 (3) MONITORING.—The Secretary— 

19 (A) shall continuously monitor the software 

20 packages used for determining rebates under 

21 this section; and 

22 (B) may disallow the use of software pro23 grams that improperly assess energy or water 

24 savings. 


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1 (4) ASSUMPTIONS AND TESTING.—The Sec2 retary may— 

3 (A) establish simulation tool assumptions 

4 for the establishment of the pre-retrofit energy 

5 or water consumption; 

6 (B) require compliance with software per7 formance tests covering— 

8 (i) mechanical system performance; 

9 (ii) duct distribution system efficiency; 

10 (iii) hot water performance; or 

11 (iv) other measures; and 

12 (C) require the simulation of pre-retrofit 

13 energy or water usage to be bounded by me14 tered pre-retrofit energy or water usage. 

15 (5) RECOMMENDED MEASURES.—The simula16 tion tool shall have the ability at a minimum to as17 sess the savings associated with all the measures for 

18 which incentives are specifically provided under the 

19 Silver Star Home Retrofit Program. 

20 (6) QUANTIFICATION OF WATER SAVINGS.—Not 

21 later than 180 days after the date of enactment of 

22 this Act, the Secretary, in consultation with the Ad23 ministrator, shall make public an approved method24 ology for use in quantifying reductions in water conVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 sumption for the purpose of carrying out this sec2 tion. 

3 (d) QUALIFICATION FOR REBATE UNDER GOLD

4 STAR HOME RETROFIT PROGRAM.—On submission of a 

5 claim by a rebate aggregator to the system established 

6 under section 3005, the Secretary shall provide reimburse7 ment to the rebate aggregator for reduced-cost whole8 home retrofits, if— 

9 (1) the retrofit is performed by an accredited 

10 contractor; 

11 (2) the amount of the reimbursement is not 

12 more than the amount described in subsection (b); 

13 (3) documentation described in subsection (c) is 

14 transmitted with the claim; 

15 (4) a home receiving a whole-home retrofit is 

16 subject to random third-party field verification by a 

17 quality assurance provider in accordance with sub18 section (e); and 

19 (5)(A) the installed measures will be brought 

20 into compliance with the specifications and quality 

21 standards for the Home Star Retrofit Rebate Pro22 gram, by the installing qualified contractor, at no 

23 additional cost to the homeowner, not later than 14 

24 days after the date of notification of a defect if a 


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1 field verification by a quality assurance provider 

2 finds that corrective work is needed; 

3 (B) a subsequent quality assurance visit is con4 ducted to evaluate the remedy not later than 7 days 

5 after notification by the contractor that the defect 

6 has been corrected; and 

7 (C) notification of disposition of the visit occurs 

8 not later than 7 days after the date of that visit. 

9 (e) VERIFICATION.— 

10 (1) IN GENERAL.—Subject to paragraph (2), all 

11 work installed in a home receiving a whole-home ret12 rofit by an accredited contractor under this section 

13 shall be subject to random third-party field 

14 verification by a quality assurance provider at a rate 

15 of— 

16 (A) 15 percent; or 

17 (B) in the case of work performed by an 

18 accredited contractor using a certified work19 force, 10 percent. 

20 (2) VERIFICATION NOT REQUIRED.—A home 

21 shall not be subject to random third-party field 

22 verification under this section if— 

23 (A) a post-retrofit home energy or water 

24 rating is conducted by an eligible certifier in ac25 cordance with— 


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1 (i) RESNET Publication No. 06–001 

2 (or a successor publication approved by the 

3 Secretary); 

4 (ii) a State-certified equivalent rating 

5 network, as specified in IRS Notice 2008– 

6 35; or 

7 (iii) a HERS rating system required 

8 by State law; 

9 (B) the eligible certifier is independent of 

10 the qualified contractor or accredited contractor 

11 in accordance with RESNET Publication No. 

12 06–001 (or a successor publication approved by 

13 the Secretary); and 

14 (C) the rating includes field verification of 

15 measures. 

16 (f) HOMEOWNER COMPLAINTS.— 

17 (1) IN GENERAL.—A homeowner may make a 

18 complaint under the quality assurance program dur19 ing the 1-year warranty period that compliance with 

20 the requirements of this section has not been 

21 achieved. 

22 (2) VERIFICATION.— 

23 (A) IN GENERAL.—The quality assurance 

24 program shall provide that, on receiving a com25 plaint under paragraph (1), an independent 


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1 quality assurance provider shall conduct field 

2 verification on the retrofit work performed by 

3 the contractor. 

4 (B) ADMINISTRATION.—A verification 

5 under this paragraph shall be— 

6 (i) in addition to verifications con7 ducted under subsection (e)(1); and 

8 (ii) corrected in accordance with sub9 section (e). 

10 (g) AUDITS.— 

11 (1) IN GENERAL.—On making payment for a 

12 submission under this section, the Secretary shall re13 view rebate requests to determine whether program 

14 requirements were met in all respects. 

15 (2) INCORRECT PAYMENT.—On a determination 

16 of the Secretary under paragraph (1) that a pay17 ment was made incorrectly to a party, the Secretary 

18 may— 

19 (A) recoup the amount of the incorrect 

20 payment; or 

21 (B) withhold the amount of the incorrect 

22 payment from the next payment made to the 

23 party pursuant to a subsequent request. 


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1 SEC. 3009. GRANTS TO STATES AND INDIAN TRIBES. 

2 (a) IN GENERAL.—A State or Indian tribe that re3 ceives a grant under subsection (d) shall use the grant 

4 for— 

5 (1) administrative costs; 

6 (2) oversight of quality assurance programs; 

7 (3) development and implementation of ongoing 

8 quality assurance framework; 

9 (4) establishment and delivery of financing pi10 lots in accordance with this title; 

11 (5) coordination with existing residential ret12 rofit programs and infrastructure development to as13 sist deployment of the Home Star program; 

14 (6) assisting in the delivery of services to rental 

15 units; and 

16 (7) the costs of carrying out the responsibilities 

17 of the State or Indian tribe under the Silver Star 

18 Home Retrofit Program and the Gold Star Home 

19 Retrofit Program. 

20 (b) INITIAL GRANTS.—Not later than 30 days after 

21 the date of enactment of this Act, the Secretary shall 

22 make the initial grants available under this section. 

23 (c) INDIAN TRIBES.—The Secretary shall reserve an 

24 appropriate amount of funding to be made available to 

25 carry out this section for each fiscal year to make grants 

26 available to Indian tribes under this section. 


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1 (d) STATE ALLOTMENTS.—From the amounts made 

2 available to carry out this section for each fiscal year re3 maining after the reservation required under subsection 

4 (c), the Secretary shall make grants available to States 

5 in accordance with section 3016. 

6 (e) QUALITY ASSURANCE PROGRAMS.— 

7 (1) IN GENERAL.—A State or Indian tribe may 

8 use a grant made under this section to carry out a 

9 quality assurance program that is— 

10 (A) operated as part of a State energy con11 servation plan established under part D of title 

12 III of the Energy Policy and Conservation Act 

13 (42 U.S.C. 6321 et seq.); 

14 (B) managed by the office or the designee 

15 of the office that is— 

16 (i) responsible for the development of 

17 the plan under section 362 of that Act (42 

18 U.S.C. 6322); and 

19 (ii) to the maximum extent prac20 ticable, conducting an existing efficiency 

21 program; and 

22 (C) in the case of a grant made to an In23 dian tribe, managed by an entity designated by 

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1 ance program or a national quality assurance 

2 program manager. 

3 (2) NONCOMPLIANCE.—If the Secretary deter4 mines that a State or Indian tribe has not provided 

5 or cannot provide adequate oversight over a quality 

6 assurance program to ensure compliance with this 

7 title, the Secretary may— 

8 (A) withhold further quality assurance 

9 funds from the State or Indian tribe; and 

10 (B) require that quality assurance pro11 viders operating in the State or by the Indian 

12 tribe be overseen by a national quality assur13 ance program manager selected by the Sec14 retary. 

15 (f) IMPLEMENTATION.—A State or Indian tribe that 

16 receives a grant under this section may implement a qual17 ity assurance program through the State, the Indian tribe, 

18 or a third party designated by the State or Indian tribe, 

19 including— 

20 (1) an energy or water service company; 

21 (2) an electric utility; 

22 (3) a natural gas utility; 

23 (4) a third-party administrator designated by 

24 the State or Indian tribe; 

25 (5) a unit of local government; or 


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1 (6) a public or private water utility. 

2 (g) PUBLIC-PRIVATE PARTNERSHIPS.—A State or 

3 Indian tribe that receives a grant under this section are 

4 encouraged to form partnerships with utilities, energy 

5 service companies, and other entities— 

6 (1) to assist in marketing a program; 

7 (2) to facilitate consumer financing; 

8 (3) to assist in implementation of the Silver 

9 Star Home Retrofit Program and the Gold Star 

10 Home Retrofit Program, including installation of 

11 qualified retrofit measures; and 

12 (4) to assist in implementing quality assurance 

13 programs. 

14 (h) COORDINATION OF REBATE AND EXISTING

15 STATE-SPONSORED PROGRAMS.— 

16 (1) IN GENERAL.—A State or Indian tribe 

17 shall, to the maximum extent practicable, prevent 

18 duplication through coordination of a program au19 thorized under this title with— 

20 (A) the Energy Star appliance rebates pro21 gram authorized under the American Recovery 

22 and Reinvestment Act of 2009 (Public Law 

23 111–5; 123 Stat. 115); and 

24 (B) comparable programs planned or oper25 ated by States, political subdivisions, electric 


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1 and natural gas utilities, Federal power mar2 keting administrations, and Indian tribes. 

3 (2) EXISTING PROGRAMS.—In carrying out this 

4 subsection, a State or Indian tribe shall— 

5 (A) give priority to— 

6 (i) comprehensive retrofit programs in 

7 existence on the date of enactment of this 

8 Act, including programs under the super9 vision of State utility regulators; and 

10 (ii) using Home Star funds made 

11 available under this title to enhance and 

12 extend existing programs; and 

13 (B) seek to enhance and extend existing 

14 programs by coordinating with administrators 

15 of the programs. 

16 SEC. 3010. QUALITY ASSURANCE FRAMEWORK. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date that the Secretary initially provides funds to a State 

19 under this title, the State shall submit to the Secretary 

20 a plan to implement a quality assurance framework. 

21 (b) MODEL STATE PLANS.—The Secretary shall— 

22 (1) as soon as practicable after the date of en23 actment of this Act, solicit the submission of model 

24 State quality assurance framework plans that are 

25 consistent with this section; and 


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1 (2) not later than 60 days after the date of en2 actment or the receipt of funding to carry out this 

3 title (whichever is later), approve 1 or more such 

4 model plans that incorporate nationally consistent 

5 high standards for optional use by States. 

6 (c) IMPLEMENTATION.—The State shall— 

7 (1) develop a quality assurance framework in 

8 consultation with industry stakeholders, including 

9 representatives of efficiency program managers, con10 tractors, and environmental, efficiency, and labor or11 ganizations; and 

12 (2) implement the quality assurance framework 

13 not later than 1 year after the date of enactment of 

14 this Act. 

15 (d) COMPONENTS.—The quality assurance frame16 work established under this section shall include— 

17 (1) a requirement that contractors performing 

18 covered retrofits meet— 

19 (A) the accreditation, workforce certifi20 cation, and all other requirements established 

21 under section 3004(b); and 

22 (B) minimum standards for accredited 

23 contractors, including— 

24 (i) compliance with applicable Fed25 eral, State, and local laws; 


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1 (ii) maintenance of records needed to 

2 verify compliance; and 

3 (iii) use of independent contractors 

4 only when appropriately classified as such 

5 pursuant to Revenue Ruling 87–41 and 

6 section 530 of the Revenue Act of 1978 

7 and relevant State law; 

8 (2) maintenance of a list of accredited contrac9 tors; 

10 (3) requirements for maintenance and delivery 

11 to the Federal Rebate Processing System of infor12 mation needed to verify compliance and ensure ap13 propriate compensation for quality assurance pro14 viders; 

15 (4) targets and realistic plans for— 

16 (A) the recruitment of minority- and 

17 women-owned small business enterprises; 

18 (B) the employment of graduates of train19 ing programs that primarily serve targeted 

20 workers; 

21 (C) the employment of targeted workers; 

22 and 

23 (D) the availability of financial assistance 

24 under the Home Star loan program to— 


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1 (i) public use microdata areas that 

2 have a poverty rate of 12 percent or more; 

3 and 

4 (ii) homeowners served by units of 

5 local government in jurisdictions that have 

6 an unemployment rate that is 2 percent 

7 higher than the national unemployment 

8 rate; 

9 (5) a plan to link workforce training for effi10 ciency retrofits with training for the broader range 

11 of skills and occupations in construction or emerging 

12 clean energy industries; 

13 (6) quarterly reports to the Secretary on the 

14 progress of implementation of the quality assurance 

15 framework and any success in meeting the targets 

16 and plans; and 

17 (7) maintenance of a list of qualified quality as18 surance providers and minimum standards for the 

19 quality assurance providers. 

20 (e) NONCOMPLIANCE.—If the Secretary determines 

21 that a State that has elected to implement a quality assur22 ance program, but has failed to plan, develop, or imple23 ment a quality assurance framework in accordance with 

24 this section, the Secretary shall suspend further grants for 

25 State administration pursuant to section 3016(b)(1). 


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1 (f) COORDINATION.—The Secretary shall take rea2 sonable steps consistent with the existing authority of the 

3 Secretary to promote coordination between State quality 

4 assurance frameworks and any residential retrofit pro5 gram funded in whole or in part by the Secretary, which 

6 may include the adoption of standards established under 

7 the quality assurance frameworks and the use of partici8 pating accredited contractors. 

9 (g) EXCLUSIONS.—The quality assurance frame10 works shall not apply to any measures or activities under 

11 the Silver Star Home Retrofit Program. 

12 SEC. 3011. REPORT. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall submit 

15 to the Committee on Energy and Natural Resources of 

16 the Senate and the Committee on Energy and Commerce 

17 of the House of Representatives a report on the use of 

18 funds under this title. 

19 (b) CONTENTS.—The report shall include a descrip20 tion of— 

21 (1) the savings produced as a result of this 

22 title; 

23 (2) the direct and indirect employment created 

24 as a result of the programs supported by the funds 

25 provided under this title; 


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1 (3) the specific entities implementing the effi2 ciency programs; 

3 (4) the beneficiaries who received the efficiency 

4 improvements; 

5 (5) the manner in which funds provided under 

6 this title were used; 

7 (6) the sources (such as mortgage lenders, util8 ity companies, and local governments) and types of 

9 financing used by the beneficiaries to finance the 

10 retrofit expenses that were not covered by grants 

11 provided under this title; and 

12 (7) the results of verification requirements; and 

13 (8) any other information the Secretary con14 siders appropriate 

15 (c) NONCOMPLIANCE.—If the Secretary determines 

16 that a rebate aggregator, State, or Indian tribe has not 

17 provided the information required under this section, the 

18 Secretary shall provide to the rebate aggregator, State, or 

19 Indian tribe a period of at least 90 days to provide any 

20 necessary information, subject to penalties imposed by the 

21 Secretary for entities other than States and Indian tribes, 

22 which may include withholding of funds or reduction of 

23 future grant amounts. 


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1 SEC. 3012. ADMINISTRATION. 

2 (a) IN GENERAL.—Subject to section 3016(b), not 

3 later than 30 days after the date of enactment of this Act, 

4 the Secretary shall provide such administrative and tech5 nical support to rebate aggregators, States, and Indian 

6 tribes as is necessary to carry out the functions designated 

7 to States under this title. 

8 (b) APPOINTMENT OF PERSONNEL.—Notwith9 standing the provisions of title 5, United States Code, gov10 erning appointments in the competitive service and Gen11 eral Schedule classifications and pay rates, the Secretary 

12 may appoint such professional and administrative per13 sonnel as the Secretary considers necessary to carry out 

14 this title. 

15 (c) RATE OF PAY.—The rate of pay for a person ap16 pointed under subsection (a) shall not exceed the max17 imum rate payable for GS–15 of the General Schedule 

18 under chapter 53 of title 5, United States Code. 

19 (d) CONSULTANTS.—Notwithstanding section 303 of 

20 the Federal Property and Administrative Services Act of 

21 1949 (41 U.S.C. 253), the Secretary may retain such con22 sultants on a noncompetitive basis as the Secretary con23 siders necessary to carry out this title. 

24 (e) CONTRACTING.—In carrying out this title, the 

25 Secretary may waive all or part of any provision of the 

26 Competition in Contracting Act of 1984 (Public Law 98– 


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1 369; 98 Stat. 1175), an amendment made by that Act, 

2 or the Federal Acquisition Regulation on a determination 

3 that circumstances make compliance with the provisions 

4 contrary to the public interest. 

5 (f) REGULATIONS.— 

6 (1) IN GENERAL.—Notwithstanding section 553 

7 of title 5, United States Code, the Secretary may 

8 issue regulations that the Secretary, in the sole dis9 cretion of the Secretary, determines necessary to 

10 carry out the Home Star Retrofit Rebate Program. 

11 (2) DEADLINE.—If the Secretary determines 

12 that regulations described in paragraph (1) are nec13 essary, the regulations shall be issued not later than 

14 60 days after the date of the enactment of this Act. 

15 (3) LIMITATIONS.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary shall not use the au18 thority provided under this subsection— 

19 (i) to develop, adopt, or implement a 

20 public labeling system that rates and com21 pares the energy or water performance of 

22 1 home with another home; or 

23 (ii) to require the public disclosure of 

24 an energy or water performance evaluation 

25 or rating developed for any specific home. 


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1 (B) ADMINISTRATION.—Nothing in this 

2 paragraph precludes— 

3 (i) the computation, collection, or use 

4 by the Secretary, rebate aggregators, qual5 ity assurance providers, or States, for the 

6 purposes of carrying out sections 3007 and 

7 3008, of information on the rating and 

8 comparison of the energy and water per9 formance of homes with and without en10 ergy or water efficiency features or an en11 ergy or water performance evaluation or 

12 rating; 

13 (ii) the use and publication of aggre14 gate data (without identifying individual 

15 homes or participants) based on informa16 tion referred to in clause (i) to determine 

17 or demonstrate the performance of the 

18 Home Star program; or 

19 (iii) the provision of information re20 ferred to in clause (i) with respect to a 

21 specific home— 

22 (I) to the State, homeowner, 

23 quality assurance provider, rebate 

24 aggregator, or contractor performing 

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1 tity providing Home Star services, as 

2 necessary to enable carrying out this 

3 title; or 

4 (II) for purposes of prosecuting 

5 fraud or abuse. 

6 (4) WATERSENSE PRODUCTS OR SERVICES.—In 

7 issuing regulations under this subsection, the Sec8 retary shall coordinate with the Administrator to 

9 carry out the provisions of the Home Star Retrofit 

10 Rebate Program relating to WaterSense products or 

11 services. 

12 (g) INFORMATION COLLECTION.—Chapter 35 of title 

13 44, United States Code, shall not apply to any information 

14 collection requirement necessary for the implementation of 

15 the Home Star Retrofit Rebate Program. 

16 (h) ADJUSTMENT OF REBATE AMOUNTS.—Effective 

17 beginning on the date that is 180 days after the date of 

18 enactment of this Act, the Secretary may, after not less 

19 than 30 days public notice, prospectively adjust the rebate 

20 amounts provided in this section based on— 

21 (1) the use of the Silver Star Home Retrofit 

22 Program and the Gold Star Home Retrofit Program; 

23 and 

24 (2) other program data. 


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1 SEC. 3013. TREATMENT OF REBATES. 

2 (a) IN GENERAL.—For purposes of the Internal Rev3 enue Code of 1986, rebates received for eligible measures 

4 under this title— 

5 (1) shall not be considered taxable income to a 

6 homeowner; 

7 (2) shall prohibit the consumer from applying 

8 for a tax credit allowed under section 25C or 25D 

9 of that Code for the same eligible measures per10 formed in the home of the homeowner; and 

11 (3) shall be considered a credit allowed under 

12 section 25C or 25D of that Code for purposes of any 

13 limitation on the amount of the credit under that 

14 section. 

15 (b) NOTICE.— 

16 (1) IN GENERAL.—A participating contractor 

17 shall provide notice to a homeowner of the provisions 

18 of subsection (a) before eligible work is performed in 

19 the home of the homeowner. 

20 (2) NOTICE IN REBATE FORM.—A homeowner 

21 shall be notified of the provisions of subsection (a) 

22 in the appropriate rebate form developed by the Sec23 retary, in consultation with the Secretary of the 

24 Treasury. 

25 (3) AVAILABILITY OF REBATE FORM.—A par26 ticipating contractor shall obtain the rebate form on 


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1 a designated website in accordance with section 

2 3003(b)(1)(A)(iii). 

3 SEC. 3014. PENALTIES. 

4 (a) IN GENERAL.—It shall be unlawful for any per5 son to violate this title (including any regulation issued 

6 under this title), other than a violation as the result of 

7 a clerical error. 

8 (b) CIVIL PENALTY.—Any person who commits a vio9 lation of this title shall be liable to the United States for 

10 a civil penalty in an amount that is not more than the 

11 higher of— 

12 (1) $15,000 for each violation; or 

13 (2) 3 times the value of any associated rebate 

14 under this title. 

15 (c) ADMINISTRATION.—The Secretary may— 

16 (1) assess and compromise a penalty imposed 

17 under subsection (b); and 

18 (2) require from any entity the records and in19 spections necessary to enforce this title. 

20 (d) EXCLUSION.—A State may bar a contractor from 

21 receiving receive rebates under this title if the contractor 

22 has committed repeated violations of this title. 

23 (e) FRAUD.—In addition to any civil penalty, any per24 son who commits a fraudulent violation of this title shall 

25 be subject to criminal prosecution. 


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1 SEC. 3015. HOME STAR EFFICIENCY LOAN PROGRAM. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ELIGIBLE PARTICIPANT.—The term ‘‘eligi4 ble participant’’ means a homeowner who receives fi5 nancial assistance from a qualified financing entity 

6 to carry out energy or water efficiency or renewable 

7 energy improvements to an existing home or other 

8 residential building of the homeowner in accordance 

9 with the Gold Star Home Retrofit Program or the 

10 Silver Star Home Retrofit Program. 

11 (2) PROGRAM.—The term ‘‘program’’ means 

12 the Home Star Efficiency Loan Program established 

13 under subsection (b). 

14 (3) QUALIFIED FINANCING ENTITY.—The term 

15 ‘‘qualified financing entity’’ means a State, political 

16 subdivision of a State, tribal government, electric 

17 utility, natural gas utility, nonprofit or community18 based organization, energy service company, retailer, 

19 public water system, or any other qualified entity 

20 that— 

21 (A) meets the eligibility requirements of 

22 this section; and 

23 (B) is designated by the Governor of a 

24 State in accordance with subsection (e). 


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1 (4) QUALIFIED LOAN PROGRAM MECHANISM.— 

2 The term ‘‘qualified loan program mechanism’’ 

3 means a loan program that is— 

4 (A) administered by a qualified financing 

5 entity; and 

6 (B) principally funded— 

7 (i) by funds provided by or overseen 

8 by a State or local government; or 

9 (ii) through the energy loan program 

10 of the Federal National Mortgage Associa11 tion. 

12 (b) ESTABLISHMENT.—The Secretary shall establish 

13 a Home Star Efficiency Loan Program under which the 

14 Secretary shall make funds available to States to support 

15 financial assistance provided by qualified financing enti16 ties for making, to existing homes, efficiency improve17 ments that qualify under the Gold Star Home Retrofit 

18 Program or the Silver Star Home Retrofit Program. 

19 (c) ELIGIBILITY OF QUALIFIED FINANCING ENTI20 TIES.—To be eligible to participate in the program, a 

21 qualified financing entity shall— 

22 (1) offer a financing product under which eligi23 ble participants may pay over time for the cost to 

24 the eligible participant (after all applicable Federal, 

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1 plied) of making improvements described in sub2 section (b); 

3 (2) require all financed improvements to be per4 formed by contractors in a manner that meets min5 imum standards that are at least as stringent as the 

6 standards provided under sections 3007 and 3008; 

7 and 

8 (3) establish standard underwriting criteria to 

9 determine the eligibility of program applicants, 

10 which criteria shall be consistent with— 

11 (A) with respect to unsecured consumer 

12 loan programs, standard underwriting criteria 

13 used under the energy loan program of the 

14 Federal National Mortgage Association; or 

15 (B) with respect to secured loans or other 

16 forms of financial assistance, commercially rec17 ognized best practices applicable to the form of 

18 financial assistance being provided (as deter19 mined by the designated entity administering 

20 the program in the State). 

21 (d) ALLOCATION.—In making funds available to 

22 States for each fiscal year under this section, the Sec23 retary shall use the formula used to allocate funds to 

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1 lished under part D of title III of the Energy Policy and 

2 Conservation Act (42 U.S.C. 6321 et seq.). 

3 (e) QUALIFIED FINANCING ENTITIES.—Before mak4 ing funds available to a State under this section, the Sec5 retary shall require the Governor of the State to provide 

6 to the Secretary a letter of assurance that the State— 

7 (1) has 1 or more qualified financing entities 

8 that meet the requirements of this section; 

9 (2) has established a qualified loan program 

10 mechanism that— 

11 (A) includes a methodology to ensure cred12 ible energy or water savings or renewable en13 ergy generation; 

14 (B) incorporates an effective repayment 

15 mechanism, which may include— 

16 (i) on-utility-bill repayment; 

17 (ii) tax assessment or other form of 

18 property assessment financing; 

19 (iii) municipal service charges; 

20 (iv) energy, water, or energy or water 

21 efficiency services contracts; 

22 (v) efficiency power purchase agree23 ments; 

24 (vi) unsecured loans applying the un25 derwriting requirements of the energy loan 


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1 program of the Federal National Mortgage 

2 Association; or 

3 (vii) alternative contractual repayment 

4 mechanisms that have been demonstrated 

5 to have appropriate risk mitigation fea6 tures; and 

7 (C) will provide, in a timely manner, all in8 formation regarding the administration of the 

9 program as the Secretary may require to permit 

10 the Secretary to meet the reporting require11 ments of subsection (h). 

12 (f) USE OF FUNDS.—Funds made available to States 

13 under the program may be used to support financing prod14 ucts offered by qualified financing entities to eligible par15 ticipants for eligible efficiency work, by providing— 

16 (1) interest rate reductions; 

17 (2) loan loss reserves or other forms of credit 

18 enhancement; 

19 (3) revolving loan funds from which qualified fi20 nancing entities may offer direct loans; or 

21 (4) other debt instruments or financial products 

22 necessary— 

23 (A) to maximize leverage provided through 

24 available funds; and 


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1 (B) to support widespread deployment of 

2 efficiency finance programs. 

3 (g) USE OF REPAYMENT FUNDS.—In the case of a 

4 revolving loan fund established by a State described in 

5 subsection (f)(3), a qualified financing entity may use 

6 funds repaid by eligible participants under the program 

7 to provide financial assistance for additional eligible par8 ticipants to make improvements described in subsection 

9 (b) in a manner that is consistent with this section or 

10 other such criteria as are prescribed by the State. 

11 (h) PROGRAM EVALUATION.—Not later than 1 year 

12 after the date of enactment of this Act, the Secretary shall 

13 submit to Congress a program evaluation that describes— 

14 (1) how many eligible participants have partici15 pated in the program; 

16 (2) how many jobs have been created through 

17 the program, directly and indirectly; 

18 (3) what steps could be taken to promote fur19 ther deployment of energy and water efficiency and 

20 renewable energy retrofits; 

21 (4) the quantity of verifiable energy and water 

22 savings, homeowner energy and water bill savings, 

23 and other benefits of the program; and 

24 (5) the performance of the programs carried 

25 out by qualified financing entities under this section, 


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1 including information on the rate of default and re2 payment. 

3 (i) CREDIT SUPPORT FOR FINANCING PROGRAMS.— 

4 Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 

5 16516) (as amended by section 2132(b)) is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following: 

8 ‘‘(5) Energy and water efficiency projects, in9 cluding projects to retrofit residential, commercial, 

10 and industrial buildings, facilities, and equipment, 

11 including financing programs that finance the retro12 fitting of residential, commercial, and industrial 

13 buildings, facilities, and equipment.’’. 

14 (2) by redesignating subsection (e) as sub15 section (f); and 

16 (3) by inserting after subsection (d) the fol17 lowing: 

18 ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO19 GRAMS.— 

20 ‘‘(1) IN GENERAL.—In the case of programs 

21 that finance the retrofitting of residential, commer22 cial, and industrial buildings, facilities, and equip23 ment described in subsection (a)(4), the Secretary 

24 may— 


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1 ‘‘(A) offer loan guarantees for portfolios of 

2 debt obligations; and 

3 ‘‘(B) purchase or make commitments to 

4 purchase portfolios of debt obligations. 

5 ‘‘(2) TERM.—Notwithstanding section 1702(f), 

6 the term of any debt obligation that receives credit 

7 support under this subsection shall require full re8 payment over a period not to exceed the lesser of— 

9 ‘‘(A) 30 years; and 

10 ‘‘(B) the projected weighted average useful 

11 life of the measure or system financed by the 

12 debt obligation or portfolio of debt obligations 

13 (as determined by the Secretary). 

14 ‘‘(3) UNDERWRITING.—The Secretary may— 

15 ‘‘(A) delegate underwriting responsibility 

16 for portfolios of debt obligations under this sub17 section to financial institutions that meet quali18 fications determined by the Secretary; and 

19 ‘‘(B) determine an appropriate percentage 

20 of loans in a portfolio to review in order to con21 firm sound underwriting. 

22 ‘‘(4) ADMINISTRATION.—Subsections (c) and 

23 (d)(3) of section 1702 and subsection (c) of this sec24 tion shall not apply to loan guarantees made under 

25 this subsection.’’. 


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1 (j) TERMINATION OF EFFECTIVENESS.—The author2 ity provided by this section and the amendments made by 

3 this section terminates effective on the date that is 2 years 

4 after the date of enactment of this Act. 

5 SEC. 3016. FUNDING. 

6 (a) FUNDING.— 

7 (1) IN GENERAL.—On October 1, 2010, out of 

8 any funds in the Treasury not otherwise appro9 priated, the Secretary of the Treasury shall transfer 

10 to the Secretary to carry out this title 

11 $5,000,000,000, to remain available until September 

12 30, 2012. 

13 (2) RECEIPT AND ACCEPTANCE.—The Sec14 retary shall be entitled to receive, shall accept, and 

15 shall use to carry out this title the funds transferred 

16 under paragraph (1), without further appropriation. 

17 (3) MAINTENANCE OF FUNDING.—Funds pro18 vided under this section shall supplement and not 

19 supplant any Federal and State funding provided to 

20 carry out efficiency programs in existence on the 

21 date of enactment of this Act. 

22 (b) GRANTS TO STATES.— 

23 (1) IN GENERAL.—Of the amount provided 

24 under subsection (a), $380,000,000 or not more 


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1 than 6 percent, whichever is less, shall be used to 

2 carry out section 3009. 

3 (2) DISTRIBUTION TO STATE ENERGY OF4 FICES.— 

5 (A) IN GENERAL.—Not later than 30 days 

6 after the date of enactment of this Act, the Sec7 retary shall— 

8 (i) provide to State energy offices 25 

9 percent of the funds described in para10 graph (1); and 

11 (ii) determine a formula to provide 

12 the balance of funds to State energy offices 

13 through a performance-based system. 

14 (B) ALLOCATION.— 

15 (i) ALLOCATION FORMULA.—Funds 

16 described in subparagraph (A)(i) shall be 

17 made available in accordance with the allo18 cation formula for State energy conserva19 tion plans established under part D of title 

20 III of the Energy Policy and Conservation 

21 Act (42 U.S.C.6321 et seq.). 

22 (ii) PERFORMANCE-BASED SYSTEM.— 

23 The balance of the funds described in sub24 paragraph (A)(ii) shall be made available 

25 in accordance with the performance-based 


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1 system described in subparagraph (A)(ii) 

2 designed to support the objectives of 

3 achieving efficiency gains, employment of 

4 underemployed workers, and implementing 

5 quality assurance programs and frame6 works in participating States. 

7 (c) QUALITY ASSURANCE COSTS.— 

8 (1) IN GENERAL.—Of the amount provided 

9 under subsection (a), not more than 5 percent shall 

10 be used to carry out the quality assurance provisions 

11 of this title. 

12 (2) MANAGEMENT.—Funds provided under this 

13 subsection shall be overseen by— 

14 (A) State energy offices described in sub15 section (b)(2); or 

16 (B) other entities determined by the Sec17 retary to be eligible to carry out quality assur18 ance functions under this title. 

19 (3) DISTRIBUTION TO QUALITY ASSURANCE

20 PROVIDERS OR REBATE AGGREGATORS.—The Sec21 retary shall use funds provided under this subsection 

22 to compensate quality assurance providers, or rebate 

23 aggregators, for services under the Silver Star Home 

24 Retrofit Program or the Gold Star Home Retrofit 

25 Program through the Federal Rebate Processing 


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1 Center based on the services provided to contractors 

2 under a quality assurance program and rebate ag3 gregation. 

4 (4) INCENTIVES.—The amount of incentives 

5 provided to quality assurance providers or rebate 

6 aggregators shall be— 

7 (A)(i) in the case of the Silver Star Home 

8 Retrofit Program— 

9 (I) $25 per rebate review and submis10 sion provided under the program; and 

11 (II) $150 for each field inspection 

12 conducted under the program; and 

13 (ii) in the case of the Gold Star Home Ret14 rofit Program— 

15 (I) $35 for each rebate review and 

16 submission provided under the program; 

17 and 

18 (II) $300 for each field inspection 

19 conducted under the program; or 

20 (B) such other amounts as the Secretary 

21 considers necessary to carry out the quality as22 surance provisions of this title. 

23 (d) TRACKING OF REBATES AND EXPENDITURES.— 

24 Of the amount provided under subsection (a), not more 

25 than $150,000,000 shall be used for costs associated with 


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1 database systems to track rebates and expenditures under 

2 this title and related administrative costs incurred by the 

3 Secretary. 

4 (e) PUBLIC EDUCATION AND COORDINATION.—Of 

5 the amount provided under subsection (a), not more than 

6 $10,000,000 shall be used for costs associated with public 

7 education and coordination with the Federal Energy Star 

8 program incurred by the Administrator. 

9 (f) INDIAN TRIBES.—Of the amount provided under 

10 subsection (a), the Secretary shall reserve not more than 

11 3 percent to make grants available to Indian tribes under 

12 this section. 

13 (g) SILVER STAR HOME RETROFIT PROGRAM.— 

14 (1) IN GENERAL.—In the case of the Silver 

15 Star Home Retrofit Program, of the amount pro16 vided under subsection (a) after funds are provided 

in accordance with subsections (b) through (f), 2 17 ⁄3 of 

18 the remaining funds for the 1-year period beginning 

19 on the date of enactment of this Act (less any 

20 amounts required under subsection (f)) shall be used 

21 by the Secretary to provide rebates and incentives 

22 authorized under the Silver Star Home Retrofit Pro23 gram. 

24 (2) PRODUCTS PURCHASED WITHOUT INSTAL25 LATION SERVICES.—Of the amounts made available 


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1 for the Silver Star Home Retrofit Program under 

2 this section, not more than $250,000,000 shall be 

3 made available for rebates under section 3007(e). 

4 (h) GOLD STAR HOME RETROFIT PROGRAM.— 

5 (1) IN GENERAL.—In the case of the Gold Star 

6 Home Retrofit Program, of the amount provided 

7 under subsection (a) after funds are provided in accordance with subsections (b) through (g), 1 8 ⁄3 of the 

9 remaining funds for the 2-year period beginning on 

10 the date of enactment of this Act (less any amounts 

11 required under subsection (f)) shall be used by the 

12 Secretary to provide rebates and incentives author13 ized under the Gold Star Home Retrofit Program. 

14 (2) WATER EFFICIENCY RETROFITS.—Of the 

15 amounts made available for the Gold Star Home 

16 Retrofit Program under this section, $70,000,000 

17 shall be made available for rebates for water effi18 ciency retrofits under section 3008. 

19 (i) PROGRAM REVIEW AND BACKSTOP FUNDING.— 

20 (1) REVIEW AND ANALYSIS.— 

21 (A) IN GENERAL.—Not later than 180 

22 days after the date of enactment of this Act, 

23 the Secretary shall perform a State-by-State 

24 analysis and review the distribution of Home 

25 Star retrofit rebates under this title. 


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1 (B) RENTAL UNITS.—Not later than 120 

2 days after the date of enactment of this Act, 

3 the Secretary shall perform a review and anal4 ysis, with input and review from the Secretary 

5 of Housing and Urban Development, of the pro6 cedures for delivery of services to rental units. 

7 (2) ADJUSTMENT.—The Secretary may allocate 

8 technical assistance funding to assist States that, as 

9 determined by the Secretary— 

10 (A) have not sufficiently benefitted from 

11 the Home Star Retrofit Rebate Program; or 

12 (B) in which rental units have not been 

13 adequately served. 

14 (j) RETURN OF UNDISBURSED FUNDS.— 

15 (1) SILVER STAR HOME RETROFIT PROGRAM.— 

16 If the Secretary has not disbursed all the funds 

17 available for rebates under the Silver Star Home 

18 Retrofit Program by the date that is 1 year after the 

19 date of enactment of this Act, any undisbursed 

20 funds shall be made available to the Gold Star 

21 Home Retrofit Program. 

22 (2) GOLD STAR HOME RETROFIT PROGRAM.—If 

23 the Secretary has not disbursed all the funds avail24 able for rebates under the Gold Star Home Retrofit 

25 Program by the date that is 2 years after the date 


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1 of enactment of this Act, any undisbursed funds 

2 shall be returned to the Treasury. 

3 (k) FINANCING.—Of the amounts allocated to the 

4 States under subsection (b), not less than $200,000,000 

5 shall be used to carry out the financing provisions of this 

6 title in accordance with section 3015. 

7 DIVISION D—PROTECTING THE 

8 ENVIRONMENT 

9 TITLE XL—LAND AND WATER 

10 CONSERVATION AUTHORIZA11 TION AND FUNDING 

12 SEC. 4001. SHORT TITLE. 

13 This title may be cited as the ‘‘Land and Water Con14 servation Authorization and Funding Act of 2010’’. 

15 SEC. 4002. PERMANENT AUTHORIZATION; FULL FUNDING. 

16 (a) PURPOSES.—The purposes of the amendments 

17 made by subsection (b) are— 

18 (1) to provide consistent and reliable authority 

19 for, and for the funding of, the land and water con20 servation fund established under section 2 of the 

21 Land and Water Conservation Fund Act of 1965 

22 (16 U.S.C. 460l–5); and 

23 (2) to maximize the effectiveness of the fund 

24 for future generations. 

25 (b) AMENDMENTS.— 


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1 (1) PERMANENT AUTHORIZATION.—Section 2 

2 of the Land and Water Conservation Fund Act of 

3 1965 (16 U.S.C. 460l–5) is amended— 

4 (A) in the matter preceding subsection (a), 

5 by striking ‘‘During the period ending Sep6 tember 30, 2015, there’’ and inserting ‘‘There’’; 

7 and 

8 (B) in subsection (c)— 

9 (i) in paragraph (1), by striking 

10 ‘‘through September 30, 2015’’; and 

11 (ii) in paragraph (2), by striking ‘‘: 

12 Provided,’’ and all that follows through the 

13 end of the sentence and inserting a period.. 

14 (2) FULL FUNDING.—Section 3 of the Land 

15 and Water Conservation Fund Act of 1965 (16 

16 U.S.C. 460l–6) is amended to read as follows: 

17 ‘‘SEC. 3. AVAILABILITY OF FUNDS. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) FISCAL YEARS 2011 THROUGH 2015.—For 

20 each of fiscal years 2011 through 2015, 

21 $900,000,000 of amounts covered into the fund 

22 under section 2 shall be available for expenditure to 

23 carry out the purposes of this Act, without further 

24 appropriation. 


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1 ‘‘(2) FISCAL YEAR 2016.—For fiscal year 

2 2016— 

3 ‘‘(A) $425,000,000 of amounts covered 

4 into the fund under section 2 shall be available 

5 for expenditure to carry out the purposes of 

6 this Act, without further appropriation; and 

7 ‘‘(B) the remainder of amounts covered 

8 into the fund shall be available subject to ap9 propriations, which may be made without fiscal 

10 year limitation. 

11 ‘‘(3) FISCAL YEARS 2017 THROUGH 2020.—For 

12 each of fiscal years 2017 through 2020, amounts 

13 covered into the fund under section 2 shall be avail14 able for expenditure to carry out the purposes of this 

15 Act subject to appropriations, which may be made 

16 without fiscal year limitation. 

17 ‘‘(4) FISCAL YEAR 2021 AND SUBSEQUENT FIS18 CAL YEARS.—For fiscal year 2021 and each fiscal 

19 year thereafter— 

20 ‘‘(A) $500,000,000 of amounts covered 

21 into the fund under section 2 shall be available 

22 to carry out the purposes of this Act, without 

23 further appropriation; and 

24 ‘‘(B) the remainder of amounts covered 

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1 propriations, which may be made without fiscal 

2 year limitation. 

3 ‘‘(b) USES.—Amounts made available for obligation 

4 or expenditure from the fund may be obligated or ex5 pended only as provided in this Act.’’. 

6 (c) ALLOCATION OF LAND AND WATER CONSERVA7 TION FUND FOR STATE AND FEDERAL PURPOSES.—Sec8 tion 5 of the Land and Water Conservation Fund Act of 

9 1965 (16 U.S.C. 460l–7) is amended— 

10 (1) in the first sentence, by inserting ‘‘or ex11 penditures’’ after ‘‘appropriations’’; 

12 (2) in the second sentence— 

13 (A) by inserting ‘‘or expenditures’’ after 

14 ‘‘appropriations’’; and 

15 (B) by inserting before the period at the 

16 end the following: ‘‘, including the amounts to 

17 be allocated from the fund for Federal and 

18 State purposes’’; and 

19 (3) by striking ‘‘Those appropriations from’’ 

20 and all that follows through the end of the section. 

21 (d) CONFORMING AMENDMENTS.—Section 6(b) of 

22 the Land and Water Conservation Fund Act of 1965 (16 

23 U.S.C. 460l–8(b)) is amended — 

24 (1) in the matter preceding paragraph (1), by 

25 inserting ‘‘or expended’’ after ‘‘appropriated’’; 


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1 (2) in paragraph (1)— 

2 (A) by inserting ‘‘or expenditures’’ after 

3 ‘‘appropriations’’; and 

4 (B) by striking ‘‘; and’’ and inserting a pe5 riod; and 

6 (3) in the first sentence of paragraph (2), by 

7 inserting ‘‘or expenditure’’ after ‘‘appropriation’’. 

8 (e) FEDERAL LAND ACQUISITION PROJECTS.—Sec9 tion 7(a) of the Land and Water Conservation Fund Act 

10 of 1965 (16 U.S.C. 460l–9(a)) is amended— 

11 (1) by redesignating paragraphs (1) through 

12 (3) as paragraphs (2) through (4), respectively; 

13 (2) in the matter preceding paragraph (2) (as 

14 redesignated by paragraph (1), by striking ‘‘Moneys 

15 appropriated’’ and all that follows through ‘‘subpur16 poses’’ and inserting the following: 

17 ‘‘(1) PRIORITY LIST.— 

18 ‘‘(A) IN GENERAL.—The President shall 

19 transmit, as part of the annual budget pro20 posal, a priority list for Federal land acquisition 

21 projects. 

22 ‘‘(B) AVAILABILITY OF AMOUNTS.— 

23 ‘‘(i) IN GENERAL.—Amounts shall be 

24 made available from the fund, without fur25 ther appropriation, on the date that is 15 


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1 days after the date on which the Congress 

2 adjourns sine die for each year, for the 

3 projects on the priority list of the Presi4 dent, unless prior to that date, legislation 

5 is enacted establishing an alternate priority 

6 list, in which case amounts from the fund 

7 shall be made available, without further 

8 appropriation, for expenditure on the 

9 projects on the alternate priority list. 

10 ‘‘(ii) ALTERNATE PRIORITY LIST.—If 

11 Congress enacts legislation establishing an 

12 alternate priority list and the priority list 

13 provides for less than the amount made 

14 available for that fiscal year under this 

15 subsection, the difference between that 

16 amount and the amount required to fund 

17 projects on the alternate priority list shall 

18 be available for expenditure, without fur19 ther appropriation, in accordance with the 

20 priority list submitted by the President. 

21 ‘‘(C) DUTIES OF SECRETARIES.— 

22 ‘‘(i) IN GENERAL.—In developing the 

23 annual land acquisition priority list re24 quired under subparagraph (A), the Presi25 dent shall require the Secretary of the InVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.PCS S3663

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1 terior and the Secretary of Agriculture to 

2 develop the priority list for the sites under 

3 the jurisdiction of that Secretary. 

4 ‘‘(ii) CONSULTATION.—The Secretary 

5 of the Interior and the Secretary of Agri6 culture shall prepare the priority list de7 scribed in subparagraph (A) in consulta8 tion with the head of each affected Federal 

9 agency. 

10 ‘‘(iii) RECREATIONAL ACCESS.— 

11 ‘‘(I) IN GENERAL.—In preparing 

12 the priority list under subparagraph 

13 (A), the Secretary of the Interior and 

14 the Secretary of Agriculture shall en15 sure that not less than 1.5 percent of 

16 the annual authorized funding amount 

17 is made available each year for 

18 projects that secure recreational pub19 lic access to existing Federal public 

20 land for hunting, fishing, and other 

21 recreational purposes through ease22 ments, rights-of-way, or fee title ac23 quisitions. 

24 ‘‘(II) ACQUISITION OF LAND.— 

25 For each recreational access project 


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1 carried out under subclause (I), the 

2 land or interest in land shall be ac3 quired by the Federal Government 

4 only from willing sellers.’’; and 

5 (3) in paragraph (2) (as redesignated by para6 graph (1)), by striking ‘‘For the acquisition of land’’ 

7 and all that follows through ‘‘as follows:’’ and insert8 ing the following: 

9 ‘‘(3) USE OF FUNDS.—Amounts from the fund 

10 for the acquisition of land, waters, or interests in 

11 land or waters under this Act shall be used as fol12 lows:’’. 

13 (f) CONFORMING AMENDMENT.—Section 9 of the 

14 Land and Water Conservation Fund Act of 1965 (16 

15 U.S.C. 460l–10a) is amended in the first sentence by 

16 striking ‘‘section 7(a)(1) of this Act’’ and inserting ‘‘sec17 tion 7(a)(2)’’. 

18 TITLE XLI—NATIONAL WILDLIFE 

19 REFUGE SYSTEM RESOURCE 

20 PROTECTION 

21 SEC. 4101. SHORT TITLE. 

22 This title may be cited as the ‘‘National Wildlife Ref23 uge System Resource Protection Act of 2010’’. 

24 SEC. 4102. DEFINITIONS. 

25 In this title: 


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1 (1) DAMAGES.—The term ‘‘damages’’ includes, 

2 when used in connection with compensation— 

3 (A) compensation for— 

4 (i)(I) the cost of replacing, restoring, 

5 rehabilitating, or acquiring the equivalent 

6 of a refuge system resource; and 

7 (II) the value of any significant loss of 

8 use of a refuge system resource pending its 

9 restoration or replacement or the acquisi10 tion of an equivalent resource; or 

11 (ii) the value of the refuge system re12 source if the resource cannot be replaced 

13 or restored; and 

14 (B) the cost of damage assessments under 

15 this section. 

16 (2) FISH AND WILDLIFE SERVICE SYSTEM RE17 SOURCE.— 

18 (A) IN GENERAL.—The term ‘‘Fish and 

19 Wildlife Service system resource’’ means any 

20 living or nonliving resource that is located with21 in the boundaries of a unit of— 

22 (i) the National Wildlife Refuge Sys23 tem; 

24 (ii) the National Fish Hatchery Sys25 tem; or 


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1 (iii) other land managed by the 

2 United States Fish and Wildlife Service. 

3 (B) EXCLUSION.—The term ‘‘Fish and 

4 Wildlife Service system resource’’ does not in5 clude a resource owned by a non-Federal entity. 

6 (3) MARINE OR AQUATIC REFUGE SYSTEM RE7 SOURCE.— 

8 (A) IN GENERAL.—The term ‘‘marine or 

9 aquatic refuge system resource’’ means any liv10 ing or nonliving part of a marine or aquatic 

11 regimen that is located within the boundaries of 

12 a unit of— 

13 (i) the National Wildlife Refuge Sys14 tem; or 

15 (ii) the National Fish Hatchery Sys16 tem. 

17 (B) EXCLUSION.—The term ‘‘marine or 

18 aquatic refuge system resource’’ does not in19 clude a resource owned by a non-Federal entity. 

20 (4) REFUGE SYSTEM RESOURCE.—The term 

21 ‘‘refuge system resource’’ means— 

22 (A) a Fish and Wildlife Service system re23 source; and 

24 (B) a marine or aquatic refuge system re25 source. 


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1 (5) REGIMEN.—The term ‘‘regimen’’ means a 

2 water column and submerged land, up to the high3 tide or high-water line. 

4 (6) RESPONSE COSTS.—The term ‘‘response 

5 costs’’ means the costs of actions taken by the Sec6 retary— 

7 (A) to prevent or minimize destruction or 

8 loss of or injury to refuge system resources; 

9 (B) to abate or minimize the imminent risk 

10 of such destruction, loss, or injury; or 

11 (C) to monitor ongoing effects of incidents 

12 causing such destruction, loss, or injury. 

13 SEC. 4103. LIABILITY. 

14 (a) IN GENERAL.—Subject to subsection (c), any per15 son that destroys, damages, causes the loss of, or injures 

16 any refuge system resource is liable to the United States 

17 for response costs and damages resulting from the de18 struction, loss, or injury. 

19 (b) LIABILITY IN REM.—Any instrumentality (includ20 ing a vessel, vehicle, aircraft, or other equipment) that de21 stroys, causes the loss of, or injures any refuge system 

22 resource shall be liable in rem to the United States for 

23 response costs and damages resulting from the destruc24 tion, loss, or injury to the same extent as a person is liable 

25 under subsection (a). 


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1 (c) DEFENSES.—A person shall not be liable under 

2 this section if the person establishes that— 

3 (1) the destruction, loss of, or injury to the ref4 uge system resource was caused solely by an act of 

5 God or act of war, if the person exercised due care 

6 to employ safety precautions and best management 

7 practices to minimize potential destruction, loss, or 

8 injury in advance of an act of God or act of war; 

9 (2) the person acted with due care, and the de10 struction, loss of, or injury to the refuge system re11 source was caused solely by an act or omission of a 

12 third party, other than an employee or agent of the 

13 person; or 

14 (3) the destruction, loss, or injury to the refuge 

15 system resource was caused by an activity author16 ized by Federal or State law, if the activity was con17 ducted in accordance with Federal and State law. 

18 (d) SCOPE.—Liability under this section shall be in 

19 addition to any other liability that may arise under Fed20 eral or State law. 

21 SEC. 4104. ACTIONS. 

22 (a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAM23 AGES.— 

24 (1) IN GENERAL.—If the Secretary makes a 

25 finding of damage to a refuge system resource or 


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1 makes a finding that, absent response costs, damage 

2 to a refuge system resource will occur and the Sec3 retary requests the Attorney General to initiate ac4 tion, the Attorney General may commence a civil ac5 tion in the United States district court for the ap6 propriate district against any person that may be 

7 liable under section 4103 for response costs and 

8 damages. 

9 (2) REQUESTS FOR ACTION.—The Secretary 

10 shall submit a request for an action described in 

11 paragraph (1) to the Attorney General if a person 

12 may be liable or an instrumentality may be liable in 

13 rem for response costs and damages under section 

14 4103. 

15 (b) RESPONSE ACTIONS AND ASSESSMENT OF DAM16 AGES.— 

17 (1) IN GENERAL.—The Secretary shall take all 

18 necessary actions— 

19 (A) to prevent or minimize the destruction, 

20 loss of, or injury to a refuge system resource; 

21 or 

22 (B) to minimize the imminent risk of such 

23 destruction, loss, or injury. 

24 (2) MONITORING.—The Secretary shall assess 

25 and monitor damages to refuge system resources. 


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1 SEC. 4105. USE OF RECOVERED AMOUNTS. 

2 (a) IN GENERAL.—Subject to subsections (b) and (c), 

3 response costs and damages recovered by the Secretary 

4 under this title or amounts recovered by the Federal Gov5 ernment under any Federal, State, or local law (including 

6 regulations) or otherwise as a result of damage to any liv7 ing or nonliving resource located within a unit managed 

8 by the United States Fish and Wildlife Service (other than 

9 resources owned by a non-Federal entity) shall be avail10 able to the Secretary, without further appropriation— 

11 (1) to reimburse response costs and damage as12 sessments incurred by the Secretary or other Fed13 eral agencies as the Secretary considers appropriate; 

14 or 

15 (2) to restore, replace, or acquire the equivalent 

16 of resources that were the subject of an action and 

17 to monitor and study the resources. 

18 (b) ACQUISITION.—No funds may be used under sub19 section (a) to acquire any land, water, or interest or right 

20 in land or water unless the acquisition is— 

21 (1) specifically approved in advance in an ap22 propriations Act; and 

23 (2) consistent with any limitations contained in 

24 the organic law authorizing the refuge unit. 


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1 (c) EXCESS FUNDS.—Any amounts remaining after 

2 expenditures pursuant to subsection (a) shall be deposited 

3 into the general fund of the Treasury. 

4 SEC. 4106. DONATIONS. 

5 (a) IN GENERAL.—The Secretary may accept dona6 tions of money or services for expenditure or employment 

7 to meet expected, immediate, or ongoing response costs. 

8 (b) AVAILABILITY.—The donations may be expended 

9 or employed at any time after the acceptance of the dona10 tion, without further appropriation. 

11 TITLE XLII—GULF COAST 

12 ECOSYSTEM RESTORATION 

13 SEC. 4201. GULF COAST ECOSYSTEM RESTORATION. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COMPREHENSIVE PLAN.—The term ‘‘com16 prehensive plan’’ means the comprehensive plan re17 quired by subsection (c). 

18 (2) GOVERNORS.—The term ‘‘Governors’’ 

19 means the Governors of each of the States of Ala20 bama, Florida, Louisiana, and Mississippi. 

21 (3) GULF COAST ECOSYSTEM.—The term ‘‘Gulf 

22 Coast ecosystem’’ means the coastal zones (as deter23 mined pursuant to the Coastal Zone Management 

24 Act of 1972 (16 U.S.C. 1451 et seq.)) of the States 

25 of Alabama, Florida, Louisiana, and Mississippi and 


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1 adjacent State waters and areas of the outer Conti2 nental Shelf, adversely impacted by the blowout and 

3 explosion of the mobile offshore drilling unit Deep4 water Horizon that occurred on April 20, 2010, and 

5 resulting hydrocarbon releases into the environment. 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (5) TASK FORCE.—The term ‘‘Task Force’’ 

9 means the Gulf Coast Ecosystem Restoration Task 

10 Force established by subsection (g). 

11 (b) GULF COAST ECOSYSTEM RESTORATION.— 

12 (1) IN GENERAL.—The Chair of the Task 

13 Force shall undertake restoration activities in the 

14 Gulf Coast ecosystem in accordance with this sec15 tion. 

16 (2) FUNDING.—Subject to appropriations, of 

17 amounts in the Oil Spill Liability Trust Fund, there 

18 shall be available to the Chair of the Task Force to 

19 carry out this section $2,500,000,000 for the period 

20 of fiscal years 2012 through 2021. 

21 (3) AUTHORIZED USES.—Amounts under para22 graph (2) shall be available to the Chair of the Task 

23 Force for the conservation, protection, and restora24 tion of the Gulf Coast ecosystem in accordance with 

25 the comprehensive plan. 


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1 (c) COMPREHENSIVE PLAN.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act and after notice 

4 and opportunity for public comment, the Chair of 

5 the Task Force shall develop a proposed comprehen6 sive plan for the purpose of long-term conservation, 

7 protection, and restoration of biological integrity, 

8 productivity, and ecosystem functions in the Gulf 

9 Coast ecosystem. 

10 (2) EXISTING PLANS.—The Chair of the Task 

11 Force shall incorporate, to the maximum extent 

12 practicable, any applicable plans developed by local, 

13 State and Federal agencies for the restoration of 

14 coastal wetland and other areas of the Gulf Coast 

15 ecosystem. 

16 (d) CRITICAL AND EMERGENCY RESTORATION

17 PROJECTS AND ACTIVITIES.—If the Chair of the Task 

18 Force, in cooperation with the Governors, determines that 

19 a restoration project or activity will produce independent, 

20 immediate, and substantial conservation, protection, or 

21 restoration benefits, and will be consistent with overall res22 toration goals, the Chair of the Task Force shall proceed 

23 expeditiously with the implementation of the project or ac24 tivity in accordance with laws (including regulations) in 

25 existence on the date of enactment of this Act. 


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1 (e) PRIORITY PROJECTS.— 

2 (1) LIST.— 

3 (A) IN GENERAL.—The comprehensive 

4 plan shall include a list of specific projects to 

5 be funded and carried out during the subse6 quent 3-year period. 

7 (B) PREREQUISITES.—Each project listed 

8 in the comprehensive plan shall be— 

9 (i) consistent with the strategies iden10 tified in the comprehensive plan; and 

11 (ii) cost-effective. 

12 (C) UPDATES.—The Task Force shall up13 date annually the list of projects in the com14 prehensive plan. 

15 (2) SELECTION.—The Task Force shall select 

16 projects and activities to carry out under this sec17 tion— 

18 (A) based on the best available science; 

19 (B) without regard to geographic location; 

20 and 

21 (C) with the highest priority to projects 

22 and activities that will achieve the greatest con23 tribution in restoring— 

24 (i) the ability of Gulf Coast eco25 systems to become self-sustaining; 


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1 (ii) biological productivity; and 

2 (iii) ecosystem function in the Gulf of 

3 Mexico. 

4 (f) COST SHARING.—The Federal share of projects 

5 and activities conducted under this section shall not exceed 

6 65 percent, as determined by the Task Force. 

7 (g) GULF COAST ECOSYSTEM RESTORATION TASK

8 FORCE.— 

9 (1) IN GENERAL.—There is established the Gulf 

10 Coast Ecosystem Restoration Task Force. 

11 (2) MEMBERSHIP.—The Task Force shall con12 sist of the following members or, in the case of a 

13 Federal agency, a designee at the level of Assistant 

14 Secretary or the equivalent: 

15 (A) The Secretary of the Interior. 

16 (B) The Secretary of Commerce. 

17 (C) The Secretary of the Army. 

18 (D) The Attorney General. 

19 (E) The Secretary of Homeland Security. 

20 (F) The Administrator of the Environ21 mental Protection Agency. 

22 (G) The Commandant of the Coast Guard. 

23 (H) The Secretary of Transportation. 

24 (I) The Secretary of Agriculture. 


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1 (J) A representative of each affected In2 dian tribe, appointed by the Secretary based on 

3 the recommendations of the tribal chairman. 

4 (K) 2 representatives of each of the States 

5 of Alabama, Florida, Louisiana, and Mis6 sissippi, appointed by the Governor of each 

7 State, respectively. 

8 (L) 2 representatives of local government 

9 within each of the States of Alabama, Florida, 

10 Louisiana, and Mississippi, appointed by the 

11 Governor of each State, respectively. 

12 (3) CHAIR.—The chair of the Task Force shall 

13 be a Federal official appointed by the President. 

14 (4) DUTIES.—The Task Force shall— 

15 (A) consult with, and provide recommenda16 tions to, the Chair of the Task Force during de17 velopment of the comprehensive plan; 

18 (B) coordinate the development of con19 sistent policies, strategies, plans, programs, 

20 projects, activities, and priorities for addressing 

21 the restoration of the Gulf Coast ecosystem; 

22 (C) establish a Gulf Coast-based working 

23 group composed of representatives of members 

24 of the Task Force and other local agencies and 

25 representatives as appropriate for purposes of 


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1 recommending, coordinating, and implementing 

2 policies, programs, activities, and projects to ac3 complish Gulf Coast ecosystem restoration; 

4 (D) coordinate scientific and other re5 search associated with restoration of the Gulf 

6 Coast ecosystem; 

7 (E) prepare an integrated financial plan 

8 and coordinated budget requests for the funds 

9 proposed to be expended by the agencies rep10 resented on the Task Force; and 

11 (F) submit an annual report to Congress 

12 that summarizes the activities of the Task 

13 Force and the policies, plans, activities, and 

14 projects for restoration of the Gulf Coast eco15 system. 

16 (5) APPLICATION OF FEDERAL ADVISORY COM17 MITTEE ACT.—The Task Force and the working 

18 group established under paragraph (4)(C) shall not 

19 be considered to be advisory committees under the 

20 Federal Advisory Committee Act (5 U.S.C. App.). 

21 (h) RELATIONSHIP TO OTHER LAW AND AUTHOR22 ITY.—Nothing in this section preempts or otherwise af23 fects any Federal law or limits the authority of any Fed24 eral agency. 


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1 TITLE XLIII—HYDRAULIC 

2 FRACTURING CHEMICALS 

3 SEC. 4301. DISCLOSURE OF HYDRAULIC FRACTURING 

4 CHEMICALS. 

5 (a) DISCLOSURE.—Title III of the Emergency Plan6 ning and Community Right-To-Know Act of 1986 (42 

7 U.S.C. 11041 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 331. DISCLOSURE OF HYDRAULIC FRACTURING 

10 CHEMICALS. 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) STATE AUTHORITY.—A State that permits 

13 oil and natural gas drilling— 

14 ‘‘(A) may require any person using hy15 draulic fracturing for an oil or natural gas well 

16 in the State to disclose to the State, not later 

17 than 30 days after completion of drilling the 

18 well, the list of chemicals used in each hydraulic 

19 fracturing process (identified by well location 

20 and number), including the chemical constitu21 ents of mixtures, Chemical Abstracts Service 

22 registry numbers, and material safety data 

23 sheets; and 


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1 ‘‘(B) shall make any such disclosure avail2 able to the public, including a posting of the in3 formation online. 

4 ‘‘(2) DISCLOSURE IF NO STATE IMPLEMENTA5 TION.—If a State that permits oil and natural gas 

6 drilling does not require and make available disclo7 sures in accordance with paragraph (1) by December 

8 31, 2011, or ceases to require and make available 

9 disclosures in accordance with paragraph (1) after 

10 that date, the operator of the oil or natural gas well 

11 in the State shall make available to the public on12 line, not later than 30 days after completion of drill13 ing the well, the list of chemicals used in each hy14 draulic fracturing process (identified by well location 

15 and number), including the chemical constituents of 

16 mixtures, Chemical Abstracts Service registry num17 bers, and material safety data sheets. 

18 ‘‘(b) PROPRIETARY CHEMICAL FORMULAS; MEDICAL

19 EMERGENCIES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in this 

21 subsection, this section does not require the disclo22 sure of proprietary chemical formulas used in hy23 draulic fracturing. 

24 ‘‘(2) DISCLOSURE IN MEDICAL EMER25 GENCIES.— 


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1 ‘‘(A) IN GENERAL.—If the State or the 

2 Administrator, or a treating physician or nurse, 

3 determines that a medical emergency exists and 

4 the proprietary chemical formulas, or the iden5 tity, of 1 or more chemical constituents used in 

6 hydraulic fracturing is necessary for medical 

7 treatment, the person using hydraulic frac8 turing shall immediately disclose the propri9 etary chemical formulas or the identity of the 

10 chemical constituents to the State, the Adminis11 trator, or that treating physician or nurse, re12 gardless of the existence of a written statement 

13 of need or a confidentiality agreement. 

14 ‘‘(B) STATEMENT OF NEED.—The person 

15 using hydraulic fracturing may require a writ16 ten statement of need and a confidentiality 

17 agreement as soon thereafter as circumstances 

18 permit. 

19 ‘‘(c) THRESHOLDS INAPPLICABLE.—Threshold limi20 tations under this Act shall not apply to disclosures made 

21 under this section.’’. 

22 (b) ENFORCEMENT.—Section 325(c)(2) of the Emer23 gency Planning and Community Right-To-Know Act of 

24 1986 (42 U.S.C. 11045(c)(2)) is amended by striking 


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1 ‘‘section 311 or 323(b)’’ and inserting ‘‘section 311, 

2 323(b), 331(a)(2), or 331(b)’’. 

3 TITLE XLIV—WATERSHED 

4 RESTORATION 

5 SEC. 4401. WATERSHED RESTORATION. 

6 (a) IN GENERAL.—The Secretary of Agriculture shall 

7 conduct a program of watershed restoration and job sta8 bilization for the purposes of— 

9 (1) performing landscape scale restoration, re10 ducing hazardous fuels, increasing employment, and 

11 maintaining infrastructure in timber communities; 

12 or 

13 (2) making biomass available for sustainable 

14 economic development. 

15 (b) ELIGIBLE PROJECTS.—The program conducted 

16 under this section may include projects and activities 

17 for— 

18 (1) preparing and implementing riparian cor19 ridor improvements; 

20 (2) fish and wildlife habitat improvements; 

21 (3) invasive species eradications; 

22 (4) nonsystem road decommissioning; 

23 (5) appropriate road density achievement; 

24 (6) forest health improvements; and 


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1 (7) sustainable timber harvest and fuels treat2 ments, specifically for reducing the potential effects 

3 that fires pose to water quality and communities. 

4 (c) FUNDING.—On October 1, 2010, out of any funds 

5 in the Treasury not otherwise appropriated, the Secretary 

6 of the Treasury shall transfer to the Secretary of Agri7 culture $75,000,000, to remain available until expended, 

8 for use in carrying out this section. 

9 (d) TERMINATION OF PROGRAM.—The program con10 ducted under this section shall terminate on the date that 

11 is 10 years after the date of enactment of this Act. 

12 (e) NO EFFECT ON COMPLIANCE WITH LAWS.— 

13 Nothing in this section affects or limits the application 

14 of, or obligation to comply with, any law, including any 

15 public health or environmental law. 

16 DIVISION E—FISCAL 

17 RESPONSIBILITY 

18 SEC. 5001. MODIFICATIONS WITH RESPECT TO OIL SPILL 

19 LIABILITY TRUST FUND. 

20 (a) EXTENSION OF APPLICATION OF OIL SPILL LI21 ABILITY TRUST FUND FINANCING RATE.—Paragraph (2) 

22 of section 4611(f) of the Internal Revenue Code of 1986 

23 is amended by striking ‘‘December 31, 2017’’ and insert24 ing ‘‘December 31, 2020’’. 


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1 (b) INCREASE IN OIL SPILL LIABILITY TRUST FUND

2 FINANCING RATE.—Subparagraph (B) of section 

3 4611(c)(2) of the Internal Revenue Code of 1986 is 

4 amended to read as follows: 

5 ‘‘(B) the Oil Spill Liability Trust Fund fi6 nancing rate is 45 cents a barrel.’’. 

7 (c) INCREASE IN PER INCIDENT LIMITATIONS ON

8 EXPENDITURES.—Subparagraph (A) of section 

9 9509(c)(2) of the Internal Revenue Code of 1986 is 

10 amended— 

11 (1) by striking ‘‘$1,000,000,000’’ in clause (i) 

12 and inserting ‘‘$5,000,000,000’’; 

13 (2) by striking ‘‘$500,000,000’’ in clause (ii) 

14 and inserting ‘‘$2,500,000,000’’; and 

15 (3) by striking ‘‘$1,000,000,000 PER INCIDENT, 

16 ETC’’ in the heading and inserting ‘‘PER INCIDENT

17 LIMITATIONS’’. 

18 (d) EFFECTIVE DATE.— 

19 (1) EXTENSION OF FINANCING RATE.—Except 

20 as provided in paragraph (2), the amendments made 

21 by this section shall take effect on the date of the 

22 enactment of this Act. 

23 (2) INCREASE IN FINANCING RATE.—The 

24 amendment made by subsection (b) shall apply to 

25 crude oil received and petroleum products entered 


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1 during calendar quarters beginning more than 60 

2 days after the date of the enactment of this Act. 

3 DIVISION F—MISCELLANEOUS 

4 SEC. 6001. BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go-Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Senate Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 


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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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