I 
113TH CONGRESS 
1ST SESSION 
H. R. 70 
To direct the Secretary of Interior and the Secretary of Commerce, acting 
through the National Oceanic and Atmospheric Administration, to initiate 
immediate action to create jobs in America, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Ms. JACKSON LEE introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committees on 
Science, Space, and Technology and Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To direct the Secretary of Interior and the Secretary of 
Commerce, acting through the National Oceanic and At-
mospheric Administration, to initiate immediate action 
to create jobs in America, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Deficit Reduction, Job Creation, and Energy Security 
Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes. 
Sec. 4. Definitions. 
TITLE I—DEFICIT REDUCTION ENERGY SECURITY 
Sec. 101. Deficit Reduction Acreage. 
Sec. 102. Deficit Reduction Energy Security Fund and Coastal and Ocean Sus-
tainability and Health Fund. 
Sec. 103. Coastal and Ocean Disaster Grant Program. 
Sec. 104. National Grant Program for Coastal and Ocean Sustainability and 
Health. 
Sec. 105. Eligible uses of grants. 
Sec. 106. Grant application. 
TITLE II—TIMELY ISSUANCE OF OFFSHORE OIL AND GAS 
LEASES 
Sec. 201. Reinstatement of offshore oil and gas leases. 
Sec. 202. Effective and efficient environmental review. 
TITLE III—OFFICE OF ENERGY EMPLOYMENT AND TRAINING 
AND OFFICE OF MINORITY AND WOMEN INCLUSION 
Sec. 301. Establishment of Office of Energy Employment and Training. 
Sec. 302. Office of Minority and Women Inclusion. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Reporting. 
SEC. 2. FINDINGS. 
The Congress finds and declares the following: 
(1) The Nation is currently experiencing a na-
tional employment emergency, and urgent action is 
needed to put Americans back to work in well-paid, 
long-term jobs. 
(2) The Federal Government distributed over 
$10,000,000,000 to Federal, State, and Indian ac-
counts from energy production during fiscal year 
2009, primarily from oil and natural gas production. 
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(3) The domestic oil and natural gas industry 
is responsible for approximately 9.2 million jobs. 
(4) The approximately 43 million leased Outer 
Continental Shelf acres currently account for about 
15 percent of America’s domestic natural gas pro-
duction and about 27 percent of America’s domestic 
oil production. 
(5) The leasing of these domestic offshore areas 
for oil and natural gas development provides signifi-
cant economic benefits to the Federal Government, 
as well as to States and localities, through the cre-
ation and sustenance of jobs and domestic product. 
(6) The Department of the Interior’s Bureau of 
Ocean Energy Management currently has authorities 
under the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) and related laws that can be 
effectively utilized to create jobs and revitalize the 
Nation’s economy. 
(7) Effective and expedited development of Gulf 
of Mexico oil and natural gas resources could gen-
erate thousands of new jobs, many of which could be 
created almost immediately. 
(8) The coastal regions of the United States 
have high productivity and contribute approximately 
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50 percent of the gross domestic product of the 
United States. 
(9) The economies and social structure of many 
communities are dependent on resources from ocean, 
coastal, and Great Lakes ecosystems. 
(10) Supporting science, research, monitoring, 
modeling, forecasting, exploration, and assessment 
will continue to improve our understanding of the 
ocean, coastal, and Great Lakes ecosystems as well 
as their long-term economic sustainability. 
(11) Safeguarding these ecosystems is crucial to 
protecting the environment and waters of the United 
States. 
(12) The growth of our energy domestic re-
sources is vital to America’s national security. 
SEC. 3. PURPOSES. 
The purposes of this Act are the following: 
(1) Require the Secretary of the Interior to uti-
lize its authorities regarding the leasing and develop-
ment of offshore oil and gas resources to accelerate 
job creation and economic revitalization to the fullest 
extent practicable, taking into account the Depart-
ment of the Interior’s responsibilities regarding con-
servation, safety, and protection of the environment. 
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(2) Promote expansion of domestic employment 
opportunities. 
(3) Respond to the Nation’s increased need for 
domestic oil and natural gas resources. 
(4) Support the utilization of the Outer Conti-
nental Shelf for oil and gas production and trans-
mission. 
(5) Protect, conserve, restore, and understand 
the oceans, coasts, and Great Lakes of the United 
States, ensuring present and future generations will 
benefit from the full range of ecological, economic, 
educational, social, cultural, nutritional, and rec-
reational opportunities and services those resources 
are capable of providing. 
(6) Confirm and ensure the validity of appro-
priate oil and gas leases issued under the Final 
Outer Continental Shelf Oil and Gas Leasing Pro-
gram, 2007–2012. 
(7) Ensure the continued leasing of Outer Con-
tinental Shelf areas pursuant to the Final Outer 
Continental Shelf Oil and Gas Leasing Program, 
2007–2012. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘Act’’ means the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(2) The term ‘‘coastal State’’ has the same 
meaning that the term ‘‘coastal state’’ has in the 
Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.). 
(3) The term ‘‘DRES Fund’’ means the Deficit 
Reduction Energy Security Fund. 
(4) The term ‘‘COSH Fund’’ means the Coastal 
and Ocean Sustainability and Health Fund estab-
lished by section 102. 
(5) The term ‘‘program’’ means a Final Outer 
Continental Shelf Oil and Gas Leasing Program 
issued under section 18 of the Act (43 U.S.C. 1344). 
(6) The term ‘‘Secretary’’ means the Secretary 
of Commerce, acting through the National Oceanic 
and Atmospheric Administration. 
(7) Other terms shall have the same meaning 
such terms have under the Act. 
TITLE I—DEFICIT REDUCTION 
ENERGY SECURITY 
SEC. 101. DEFICIT REDUCTION ACREAGE. 
(a) IN GENERAL.—The Secretary of the Interior 
shall, during the period covered by the Proposed Outer 
Continental Shelf Oil and Gas Leasing Program for 2012– 
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2017 issued by the Department of the Interior, and in 
addition to the acreage proposed to be leased under such 
program, conduct oil and gas lease sales under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for 
additional acreage of the outer Continental Shelf (as that 
term is used in that Act) that total 10 percent of the acre-
age proposed to be leased under such program. The acre-
age for which lease sales are required under this section 
shall be known as the Deficit Reduction Acreage. 
(b) ANNUAL REQUIREMENT.—In each year in such 
period, the Secretary shall lease 20 percent of the Deficit 
Reduction Acreage. 
SEC. 102. DEFICIT REDUCTION ENERGY SECURITY FUND 
AND COASTAL AND OCEAN SUSTAINABILITY 
AND HEALTH FUND. 
(a) 
DEFICIT
REDUCTION
ENERGY
SECURITY 
FUND.— 
(1) IN GENERAL.—There is hereby established 
in the Treasury a separate account to be known as 
the Deficit Reduction Energy Security Fund, con-
sisting of such amounts as may be appropriated or 
credited to it. 
(2) DEPOSIT OF DEFICIT REDUCTION ACREAGE 
LEASE REVENUES.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (C), all rentals, royalties, bonus 
bids, and other sums due and payable to the 
United States under Deficit Reduction Acreage 
lease sales during the 15-fiscal-year period be-
ginning with the first fiscal year in which such 
sums are received by the United States shall be 
deposited in the DRES fund. 
(B) HOLDING
OF
OIL
AND
GAS
REVE-
NUES.—Any amount deposited into the DRES 
Fund under subparagraph (A)— 
(i) shall remain in DRES Fund and 
be invested in accordance with paragraph 
(2) until the end of the second full fiscal 
year after the amount is deposited into the 
DRES Fund; and 
(ii) upon the end of such fiscal year, 
shall be transferred to the general fund 
and applied solely to reduce the annual 
Federal budget deficit. 
(C) PAYMENTS
TO
STATES
NOT
AF-
FECTED.—This Act shall not affect any require-
ment under other law to pay to States amounts 
received by the United States as such royalties, 
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bonus bids, and other sums due and payable to 
the United States. 
(3) INVESTMENT.— 
(A) IN GENERAL.—Amounts in the DRES 
Fund shall be invested by the Secretary of the 
Treasury in accordance with section 9602 of 
the Internal Revenue Code of 1986. 
(B) INCLUSION
OF
INTEREST
IN
DRES 
FUND.—All interest earned on, and the pro-
ceeds from the sale or redemption of, any obli-
gations held in the DRES Fund— 
(i) shall be credited to and form part 
of the DRES Fund; and 
(ii) shall remain in the DRES Fund 
until transferred under paragraph (5), 
without regard to paragraph (2)(B)(ii). 
(4) AVAILABILITY
OF
PROCEEDS
OF
DEPOS-
ITS.—Amounts credited to the DRES Fund under 
paragraph (3)(B) in excess of the amounts deposited 
into the DRES Fund under paragraph (2) shall— 
(A) be available for expenditure, without 
further appropriation, solely for the purpose of 
and activities eligible under this Act; and 
(B) remain available until expended, with-
out fiscal year limitation. 
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(5) TRANSFER OF INTEREST TO COASTAL AND 
OCEAN SUSTAINABILITY AND HEALTH FUND.—Upon 
the transfer of an amount under paragraph 
(2)(B)(ii), the interest earned on such amount shall 
be transferred to the Coastal and Ocean Sustain-
ability and Health Fund established under sub-
section (b). 
(b) COASTAL
AND OCEAN SUSTAINABILITY
AND 
HEALTH FUND.— 
(1) IN GENERAL.—There is hereby established 
in the Treasury a separate account to be known as 
the Coastal and Ocean Sustainability and Health 
Fund, consisting of such amounts of interest as are 
transferred to it under subsection (a)(5). 
(2) AVAILABILITY.—Of the amounts trans-
ferred to the COSH Fund under subsection (a)(5) 
each fiscal year— 
(A) not more than 5 percent shall be avail-
able to the Secretary of Commerce to admin-
ister this title; and 
(B) the remainder shall be available to the 
Secretary of Commerce until expended and 
without fiscal year limitation, for use for— 
(i) the Coastal and Ocean Disaster 
Grant Program under section 102; and 
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(ii) the National Grant Program 
under section 103. 
(3) ALLOCATION OF FUNDING FOR GRANT PRO-
GRAMS.—Of amounts available under paragraph 
(2)(B), the Secretary of Commerce shall allocate— 
(A) 40 percent for the Coastal and Ocean 
Disaster Grant Program under section 103, of 
which— 
(i) 50 percent shall be allocated equal-
ly among impacted coastal States; 
(ii) 20 percent shall be allocated based 
on intensity of impact of disasters on im-
pacted coastal States; 
(iii) 15 percent shall be allocated 
based on tidal shorelines of impacted 
coastal States; and 
(iv) 15 percent of the funds shall be 
allocated based on the coastal population 
of impacted coastal States. 
(B) Sixty percent for the National Grant 
Program for Coastal and Ocean Sustainability 
and Health under section 104, of which— 
(i) 50 percent shall be allocated to 
coastal States; 
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(ii) 50 percent shall be allocated to 
any State, local, territory, and tribal gov-
ernments, institutions of higher learning, 
and non-profit and for-profit organizations 
that may receive and expend Federal funds 
as legal entities; and 
(iii) no more than 10 percent of the 
total amount of funds available shall be al-
located to a single State or entity in a fis-
cal year. 
(c) GENERAL ADMINISTRATIVE CHARGES PROHIB-
ITED.—Grants issued under this Act shall not be subject 
to a general administrative charge. 
(d) REDEPOSIT
OF UNUSED FUNDS.—Any funds 
provided as a grant under this title that are not used by 
the grantee by the end of the fiscal year following the first 
fiscal year for which they were allocated shall be redepos-
ited into the COSH Fund and be reallocated in accordance 
with this section. 
SEC. 103. COASTAL AND OCEAN DISASTER GRANT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Commerce shall 
use amounts allocated under section 102(b)(2)(B)(i) to 
make grants to coastal States and Indian tribes impacted 
by coastal or ocean disasters for the purposes of restoring, 
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mitigating, monitoring, or otherwise managing coastal and 
ocean natural resources impacted by such disasters. 
(b) ELIGIBILITY.— 
(1) FIRST 5 YEARS.—During the 5-fiscal year 
period beginning with the first fiscal year for which 
amounts are available for grants under this section, 
a coastal State or Indian tribe shall be eligible for 
a grant under this section only if— 
(A) it is one of the States of Texas, Lou-
isiana, Mississippi, Alabama, and Florida, or an 
Indian tribe in such State; or 
(B) it is determined by the Secretary, in 
that period, to be a coastal State that has been 
impacted by a coastal or ocean disaster. 
(2) AFTER FIRST 5 YEARS.—After the end of 
such 5-fiscal-year period, if the Secretary determines 
for a fiscal year that there is no coastal State that 
has been so impacted, the amount allocated for that 
fiscal year for grants under this section shall be 
added to the amounts allocated for that fiscal year 
under section 102(b)(2)(B)(ii) for the National 
Grant Program for Coastal and Ocean Sustainability 
and Health. 
(3) LIMITATION.—A coastal State or Indian 
tribe shall not be eligible for a grant under this sec-
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tion if it is receiving assistance under another Fed-
eral law for an activity described in section 105(b) 
conducted for a purpose referred to in subsection 
(a). 
SEC. 104. NATIONAL GRANT PROGRAM FOR COASTAL AND 
OCEAN SUSTAINABILITY AND HEALTH. 
(a) IN GENERAL.—The Secretary of Commerce shall 
use amounts allocated under section 102(b)(2)(B)(ii) (in-
cluding amounts added under section 103(b)(2)) to make 
grants to coastal States that are eligible under subsection 
(b). 
(b) ELIGIBILITY.—To be eligible for a grant under 
this section, a person— 
(1) must be— 
(A) a coastal State that has a management 
program approved by the Secretary under sec-
tion 306 of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1455); or 
(B) a State, local, territory, or tribal gov-
ernment, institution of higher learning, or non-
profit or and for-profit organization that may 
receive and expend Federal funds as a legal en-
tity; and 
(2) must submit to the Secretary a multiyear 
plan for use of the grant that— 
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(A) specifies how the grant funds will be 
allocated; 
(B) is sufficiently flexible to allow the 
coastal State to respond to emerging needs; and 
(C) is approved by the Secretary. 
SEC. 105. ELIGIBLE USES OF GRANTS. 
(a) IN GENERAL.—Amounts provided as a grant 
under this title shall be used for activities described in 
subsection (b) that are intended to restore, protect, main-
tain, manage, or understand marine resources and their 
habitats and resources in coastal and ocean waters, includ-
ing baseline scientific research and other activities carried 
out in coordination with Federal and State departments 
or agencies, that are consistent with Federal environ-
mental laws, and that avoid environmental degradation. 
(b) INCLUDED ACTIVITIES.—Activities referred to in 
subsection (a) include— 
(1) coastal management planning and imple-
mentation under the Coastal Zone Management Act 
of 1972; 
(2) coastal and estuarine land protection, in-
cluding the protection of the environmental integrity 
of important coastal and estuarine areas, such as 
wetlands and forests, that have significant conserva-
tion, recreation, ecological, historical, or aesthetic 
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values, or that are threatened by conversion to other 
uses; 
(3) efforts to protect and manage living marine 
resources, including fisheries, coral reefs, research, 
management, and enhancement; 
(4) programs, activities, and new technology de-
signed to improve or complement the management 
and mission of national marine sanctuaries, marine 
monuments, national estuarine research reserves, 
and marine protected areas; 
(5) mitigation, restoration, protection, and relo-
cation of coastal communities threatened by the im-
pacts of climate change; 
(6) mitigation of the effects of offshore activi-
ties, including environmental restoration; 
(7) efforts to acquire, protect and restore coast-
al lands and wetlands, and to restore or prevent 
damage to wetlands in the coastal zone, coastal estu-
aries, and lands, life, and property in the coastal 
zone; 
(8) management of non-point sources of coastal 
and marine pollution; 
(9) long-term coastal and ocean research and 
education, monitoring, and natural resource manage-
ment; 
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(10) regional multi-State management efforts 
designed to manage, protect, or restore the coastal 
zone and ocean resources; or 
(11) management and administration of author-
ized activities. 
SEC. 106. GRANT APPLICATION. 
A person seeking a grant under this section shall sub-
mit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary 
determines to be appropriate. 
TITLE II—TIMELY ISSUANCE OF 
OFFSHORE OIL AND GAS LEASES 
SEC. 201. REINSTATEMENT OF OFFSHORE OIL AND GAS 
LEASES. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended by adding at the end the 
following: 
‘‘(i) The Secretary is authorized, upon petition of a 
prior leaseholder, to reinstate any Expired Producible 
Lease in the offshore Gulf or Mexico if such reinstatement 
furthers the purposes and objectives of this Act. The Sec-
retary shall act on such petitions as soon as possible after 
receipt thereof, and in any event, within 90 days of receipt 
of such petition or prior to the next scheduled lease sale 
in which such lease would be included, whichever is earlier. 
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Any lease application pending for more than 90 days shall 
be reported to Congress, the Secretary of the Interior, and 
the Assistant Secretary for Land Management every 15 
days until the application is acted upon.’’. 
SEC. 202. EFFECTIVE AND EFFICIENT ENVIRONMENTAL RE-
VIEW. 
(a) 
COMPLETION
OF
ANALYSES
FOR
LEASE 
SALES.—The Secretary shall, to the maximum extent 
practicable, complete all analyses, processes, and proce-
dures required by section 18 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1344) or under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.; referred to in this section as ‘‘NEPA’’), in connection 
with exploration and development under any lease to be 
offered for sale under this Act, prior to the annual lease 
sale in which such lease is first offered. 
(b) TREATMENT OF SECRETARY’S ACTIONS.—Not-
withstanding the provisions of any other law, the Sec-
retary’s actions, after any initial lease sale, in approving 
and enforcing safety requirements and spill prevention and 
response requirements in individual plans or permits shall 
be deemed to be actions for the purpose of conserving and 
protecting the environment that are not subject to NEPA 
review requirements. 
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TITLE III—OFFICE OF ENERGY 
EMPLOYMENT AND TRAINING 
AND OFFICE OF MINORITY 
AND WOMEN INCLUSION 
SEC. 301. ESTABLISHMENT OF OFFICE OF ENERGY EM-
PLOYMENT AND TRAINING. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall establish an Office of Energy Employment and 
Training, which shall oversee the efforts of the Depart-
ment of the Interior’s energy planning, permitting, and 
regulatory activities to carry out the purposes, objectives, 
and requirements of this Act. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Office shall be directed 
by an Assistant Secretary for Energy Employment 
and Training, who shall report directly to the Sec-
retary and shall be fully employed to carry out the 
functions of the Office. 
(2) DUTIES.—The Assistant Secretary for En-
ergy Employment and Training shall perform the 
following functions: 
(A) Develop and implement systems to 
track the Department’s compliance with the 
purposes, objectives, and requirements of the 
Act. 
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(B) Report at least quarterly to the Sec-
retary regarding the Department’s compliance 
with the purposes, objectives, and requirements 
of this Act, including but not limited to specific 
data regarding the numbers and types of jobs 
created through the Department’s efforts and a 
report on all job training programs planned or 
in progress by the Department. 
(C) Design and recommend to the Sec-
retary programs and policies aimed at ensuring 
the Department’s compliance with the purposes, 
objectives, and requirements of this Act, and 
oversee implementation of such programs ap-
proved by the Secretary. 
(D) Develop procedures for enforcement of 
the Department’s requirements and responsibil-
ities under this Act. 
(E) Support the activities of the Office of 
Minority and Women Inclusion and any other 
offices or branches established by the Secretary 
within the Office of Energy Employment and 
Training. 
(F) Assist the Secretary in complying with 
the reporting requirements of title V of this 
Act. 
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SEC. 302. OFFICE OF MINORITY AND WOMEN INCLUSION. 
(a) OFFICE
OF MINORITY
AND WOMEN INCLU-
SION.— 
(1) ESTABLISHMENT.—The Secretary of the In-
terior shall establish an Office of Minority and 
Women Inclusion not later than 6 months after the 
effective date of this Act, that shall be responsible 
for all matters of the Department of the Interior re-
lating to diversity in management, employment, and 
business activities. 
(2) TRANSFER
OF
RESPONSIBILITIES.—The 
Secretary of the Interior shall ensure that the re-
sponsibilities described in paragraph (1) (or com-
parable responsibilities) that are assigned to any 
other office, agency, or bureau of the Department on 
the day before the date of enactment of this Act are 
transferred to the Office of Minority and Women In-
clusion. 
(3) DUTIES WITH RESPECT TO CIVIL RIGHTS 
LAWS.—The responsibilities described in paragraph 
(1) do not include enforcement of statutes, regula-
tions, or executive orders pertaining to civil rights, 
except each Director shall coordinate with the Sec-
retary, or the designee of the Secretary, regarding 
the design and implementation of any remedies re-
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sulting from violations of such statutes, regulations, 
or executive orders. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Office shall have a Di-
rector who shall be appointed by, and shall report to, 
the Secretary of the Interior. The position of Direc-
tor shall be a career reserved position in the Senior 
Executive Service, as that position is defined in sec-
tion 3132 of title 5, United States Code, or an 
equivalent designation. 
(2) DUTIES.—The Director shall develop stand-
ards for— 
(A) equal employment opportunity and the 
racial, ethnic, and gender diversity of the work-
force and senior management of the Depart-
ment; 
(B) increased participation of minority- 
owned and women-owned businesses in the pro-
grams and contracts of the Department, includ-
ing standards for coordinating technical assist-
ance to such businesses; and 
(C) assessing the diversity policies and 
practices of entities regulated by the Depart-
ment. 
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(3) OTHER DUTIES.—The Director shall advise 
the Secretary of the Interior on the impact of the 
policies and regulations of the Department on mi-
nority-owned and women-owned businesses. 
(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2)(C) may be construed to mandate any 
requirement on or otherwise affect the lending poli-
cies and practices of any regulated entity, or to re-
quire any specific action based on the findings of the 
assessment. 
(c) INCLUSION IN ALL LEVELS OF BUSINESS ACTIVI-
TIES.— 
(1) IN GENERAL.—The Director shall develop 
and implement standards and procedures to ensure, 
to the maximum extent possible, the fair inclusion 
and utilization of minorities, women, and minority- 
owned and women-owned businesses in all business 
and activities of the Department at all levels, includ-
ing in procurement, insurance, and all types of con-
tracts. 
(2) CONTRACTS.—The procedures established 
by the Department for review and evaluation of con-
tract proposals and for hiring service providers shall 
include, to the extent consistent with applicable law, 
a component that gives consideration to the diversity 
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of the applicant. Such procedure shall include a 
written statement, in a form and with such content 
as the Director shall prescribe, that a contractor 
shall ensure, to the maximum extent possible, the 
fair inclusion of women and minorities in the work-
force of the contractor and, as applicable, sub-
contractors. 
(3) TERMINATION.— 
(A) DETERMINATION.—The standards and 
procedures developed and implemented under 
this subsection shall include a procedure for the 
Director to make a determination whether a 
Department contractor, and, as applicable, a 
subcontractor has failed to make a good faith 
effort to include minorities and women in their 
workforce. 
(B) EFFECT OF DETERMINATION.— 
(i) 
RECOMMENDATION
TO
SEC-
RETARY.—Upon a determination described 
in subparagraph (A), the Director shall 
make a recommendation to the Secretary 
that the contract be terminated. 
(ii) ACTION
BY
SECRETARY.—Upon 
receipt of a recommendation under clause 
(i), the Secretary may— 
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(I) terminate the contract; 
(II) make a referral to the Office 
of Federal Contract Compliance Pro-
grams of the Department of Labor; or 
(III) take other appropriate ac-
tion. 
(d) REPORTS.—The Secretary shall submit to Con-
gress an annual report regarding the actions taken by the 
Department of the Interior agency and the Office pursu-
ant to this section, which shall include— 
(1) a statement of the total amounts paid by 
the Department to contractors since the previous re-
port; 
(2) the percentage of the amounts described in 
paragraph (1) that were paid to contractors de-
scribed in subsection (c)(1); 
(3) the successes achieved and challenges faced 
by the Department in operating minority and women 
outreach programs; 
(4) the challenges the Department may face in 
hiring minority and women employees and con-
tracting with minority-owned and women-owned 
businesses; and 
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(5) any other information, findings, conclusions, 
and recommendations for legislative or Department 
action, as the Director determines appropriate. 
(e) DIVERSITY IN DEPARTMENT WORKFORCE.—The 
Secretary shall take affirmative steps to seek diversity in 
the workforce of the Department at all levels of the De-
partment in a manner consistent with applicable law. Such 
steps shall include— 
(1) recruiting at historically black colleges and 
universities, Hispanic-serving institutions, women’s 
colleges, and colleges that typically serve majority 
minority populations; 
(2) sponsoring and recruiting at job fairs in 
urban communities; 
(3) placing employment advertisements in news-
papers and magazines oriented toward minorities 
and women; 
(4) partnering with organizations that are fo-
cused on developing opportunities for minorities and 
women to be placed in energy industry internships, 
summer employment, and full-time positions; 
(5) where feasible, partnering with inner-city 
high schools, girls’ high schools, and high schools 
with majority minority populations to establish or 
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enhance financial literacy programs and provide 
mentoring; and 
(6) any other mass media communications that 
the Office determines necessary. 
(f) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) MINORITY.—The term ‘‘minority’’ means 
United States citizens who are Asian Indian Amer-
ican, Asian Pacific American, Black American, His-
panic American, or Native American. 
(2) MINORITY-OWNED
BUSINESS.—The term 
‘‘minority-owned business’’ means a for-profit enter-
prise, regardless of size, physically located in the 
United States or its trust territories, which is 
owned, operated, and controlled by minority group 
members. ‘‘Minority group members’’ are United 
States citizens who are Asian Indian American, 
Asian Pacific American, Black American, Hispanic 
American, or Native American (terminology in 
NMSDC categories). Ownership by minority individ-
uals means the business is at least 51 percent owned 
by such individuals or, in the case of a publicly 
owned business, at least 51 percent of the stock is 
owned by one or more such individuals. Further, the 
management and daily operations are controlled by 
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those minority group members. For purposes of 
NMSDC’s program, a minority group member is an 
individual who is a United States citizen with at 
least 1⁄4 or 25 percent minimum (documentation to 
support claim of 25 percent required from applicant) 
of one or more of the following: 
(A) Asian Indian American, which is a 
United States citizen whose origins are from 
India, Pakistan, or Bangladesh. 
(B) Asian Pacific American, which is a 
United States citizen whose origins are from 
Japan, China, Indonesia, Malaysia, Taiwan, 
Korea, Vietnam, Laos, Cambodia, the Phil-
ippines, Thailand, Samoa, Guam, the United 
States Trust Territories of the Pacific, or the 
Northern Marianas. 
(C) Black American, which is a United 
States citizen having origins in any of the Black 
racial groups of Africa. 
(D) Hispanic American, which is a United 
States citizen of true-born Hispanic heritage, 
from any of the Spanish-speaking areas of the 
following regions: Mexico, Central America, 
South America, and the Caribbean Basin only. 
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(E) Native American, which is a person 
who is an American Indian, Eskimo, Aleut or 
Native Hawaiian, and regarded as such by the 
community of which the person claims to be a 
part. Native Americans must be documented 
members of a North American tribe, band, or 
otherwise organized group of native people who 
are indigenous to the continental United States 
and proof can be provided through a Native. 
(3) NMSDC.—The term ‘‘NMSDC’’ means the 
National Minority Supplier Development Council. 
(4) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Minority and Women Inclusion established 
under subsection (a). 
(5) 
WOMEN-OWNED
BUSINESS.—The 
term 
‘‘women-owned business’’ means a business that can 
verify through evidence documentation that 51 per-
cent or more is women-owned, managed, and con-
trolled. The business must be open for at least 6 
months. The business owner must be a United 
States citizen or legal resident alien. Evidence must 
indicate that— 
(A) the contribution of capital or expertise 
by the woman business owner is real and sub-
stantial and in proportion to the interest owned; 
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(B) the woman business owner directs or 
causes the direction of management, policy, fis-
cal, and operational matters; and 
(C) the woman business owner has the 
ability to perform in the area of specialty or ex-
pertise without reliance on either the finances 
or resources of a firm that is not owned by a 
woman. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. REPORTING. 
Within 12 months of the effective date of this Act 
and annually thereafter, the Secretary of the Interior, in 
consultation with the Assistant Secretary for Energy Em-
ployment and Training, shall submit a report to Congress 
on the Department’s compliance with the requirements of 
titles III and IV, including but not limited to specific in-
formation regarding the numbers and types of jobs created 
through the Department of the Interior’s efforts, the re-
sults of the Department’s efforts to enhance the quality 
and efficiency of planning and permitting processes, and 
of any actions taken to increase total production and to 
encourage production early in lease terms. 
Æ 
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