HR 70 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 70CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 3, 2013CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Purposes.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink

TITLE I--DEFICIT REDUCTION ENERGY SECURITY

Sec. 101. Deficit Reduction Acreage.CommentsClose CommentsPermalink





Sec. 102. Deficit Reduction Energy Security Fund and Coastal and Ocean Sustainability and Health Fund.CommentsClose CommentsPermalink





Sec. 103. Coastal and Ocean Disaster Grant Program.CommentsClose CommentsPermalink





Sec. 104. National Grant Program for Coastal and Ocean Sustainability and Health.CommentsClose CommentsPermalink





Sec. 105. Eligible uses of grants.CommentsClose CommentsPermalink





Sec. 106. Grant application.CommentsClose CommentsPermalink

TITLE II--TIMELY ISSUANCE OF OFFSHORE OIL AND GAS LEASES

Sec. 201. Reinstatement of offshore oil and gas leases.CommentsClose CommentsPermalink





Sec. 202. Effective and efficient environmental review.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 302. Office of Minority and Women Inclusion.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Reporting.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds and declares the following:CommentsClose CommentsPermalink





(1) The Nation is currently experiencing a national employment emergency, and urgent action is needed to put Americans back to work in well-paid, long-term jobs.CommentsClose CommentsPermalink





(2) The Federal Government distributed over $10,000,000,000 to Federal, State, and Indian accounts from energy production during fiscal year 2009, primarily from oil and natural gas production.CommentsClose CommentsPermalink





(3) The domestic oil and natural gas industry is responsible for approximately 9.2 million jobs.CommentsClose CommentsPermalink





(4) The approximately 43 million leased Outer Continental Shelf acres currently account for about 15 percent of America’s domestic natural gas production and about 27 percent of America’s domestic oil production.CommentsClose CommentsPermalink





(5) The leasing of these domestic offshore areas for oil and natural gas development provides significant economic benefits to the Federal Government, as well as to States and localities, through the creation and sustenance of jobs and domestic product.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) Effective and expedited development of Gulf of Mexico oil and natural gas resources could generate thousands of new jobs, many of which could be created almost immediately.CommentsClose CommentsPermalink





(8) The coastal regions of the United States have high productivity and contribute approximately 50 percent of the gross domestic product of the United States.CommentsClose CommentsPermalink





(9) The economies and social structure of many communities are dependent on resources from ocean, coastal, and Great Lakes ecosystems.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(11) Safeguarding these ecosystems is crucial to protecting the environment and waters of the United States.CommentsClose CommentsPermalink





(12) The growth of our energy domestic resources is vital to America’s national security.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are the following:CommentsClose CommentsPermalink





(1) Require the Secretary of the Interior to utilize its authorities regarding the leasing and development of offshore oil and gas resources to accelerate job creation and economic revitalization to the fullest extent practicable, taking into account the Department of the Interior’s responsibilities regarding conservation, safety, and protection of the environment.CommentsClose CommentsPermalink





(2) Promote expansion of domestic employment opportunities.CommentsClose CommentsPermalink





(3) Respond to the Nation’s increased need for domestic oil and natural gas resources.CommentsClose CommentsPermalink





(4) Support the utilization of the Outer Continental Shelf for oil and gas production and transmission.CommentsClose CommentsPermalink





(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 recreational opportunities and services those resources are capable of providing.CommentsClose CommentsPermalink





(6) Confirm and ensure the validity of appropriate oil and gas leases issued under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012.CommentsClose CommentsPermalink





(7) Ensure the continued leasing of Outer Continental Shelf areas pursuant to the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term ‘Act’ means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(3) The term ‘DRES Fund’ means the Deficit Reduction Energy Security Fund.CommentsClose CommentsPermalink





(4) The term ‘COSH Fund’ means the Coastal and Ocean Sustainability and Health Fund established by section 102.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) The term ‘Secretary’ means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





(7) Other terms shall have the same meaning such terms have under the Act.CommentsClose CommentsPermalink

TITLE I--DEFICIT REDUCTION ENERGY SECURITYCommentsClose CommentsPermalink

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 2012-2017 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 acreage proposed to be leased under such program. The acreage for which lease sales are required under this section shall be known as the Deficit Reduction Acreage.CommentsClose CommentsPermalink





(b) Annual Requirement- In each year in such period, the Secretary shall lease 20 percent of the Deficit Reduction Acreage.CommentsClose CommentsPermalink

SEC. 102. DEFICIT REDUCTION ENERGY SECURITY FUND AND COASTAL AND OCEAN SUSTAINABILITY AND HEALTH FUND.

(a) Deficit Reduction Energy Security Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is hereby established in the Treasury a separate account to be known as the Deficit Reduction Energy Security Fund, consisting of such amounts as may be appropriated or credited to it.CommentsClose CommentsPermalink





(2) DEPOSIT OF DEFICIT REDUCTION ACREAGE LEASE REVENUES-CommentsClose CommentsPermalink





(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 beginning with the first fiscal year in which such sums are received by the United States shall be deposited in the DRES fund.CommentsClose CommentsPermalink





(B) HOLDING OF OIL AND GAS REVENUES- Any amount deposited into the DRES Fund under subparagraph (A)--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) PAYMENTS TO STATES NOT AFFECTED- This Act shall not affect any requirement under other law to pay to States amounts received by the United States as such royalties, bonus bids, and other sums due and payable to the United States.CommentsClose CommentsPermalink





(3) INVESTMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) INCLUSION OF INTEREST IN DRES FUND- All interest earned on, and the proceeds from the sale or redemption of, any obligations held in the DRES Fund--CommentsClose CommentsPermalink





(i) shall be credited to and form part of the DRES Fund; andCommentsClose CommentsPermalink





(ii) shall remain in the DRES Fund until transferred under paragraph (5), without regard to paragraph (2)(B)(ii).CommentsClose CommentsPermalink





(4) AVAILABILITY OF PROCEEDS OF DEPOSITS- Amounts credited to the DRES Fund under paragraph (3)(B) in excess of the amounts deposited into the DRES Fund under paragraph (2) shall--CommentsClose CommentsPermalink





(A) be available for expenditure, without further appropriation, solely for the purpose of and activities eligible under this Act; andCommentsClose CommentsPermalink





(B) remain available until expended, without fiscal year limitation.CommentsClose CommentsPermalink





(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 Sustainability and Health Fund established under subsection (b).CommentsClose CommentsPermalink





(b) Coastal and Ocean Sustainability and Health Fund-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) AVAILABILITY- Of the amounts transferred to the COSH Fund under subsection (a)(5) each fiscal year--CommentsClose CommentsPermalink





(A) not more than 5 percent shall be available to the Secretary of Commerce to administer this title; andCommentsClose CommentsPermalink





(B) the remainder shall be available to the Secretary of Commerce until expended and without fiscal year limitation, for use for--CommentsClose CommentsPermalink





(i) the Coastal and Ocean Disaster Grant Program under section 102; andCommentsClose CommentsPermalink





(ii) the National Grant Program under section 103.CommentsClose CommentsPermalink





(3) ALLOCATION OF FUNDING FOR GRANT PROGRAMS- Of amounts available under paragraph (2)(B), the Secretary of Commerce shall allocate--CommentsClose CommentsPermalink





(A) 40 percent for the Coastal and Ocean Disaster Grant Program under section 103, of which--CommentsClose CommentsPermalink





(i) 50 percent shall be allocated equally among impacted coastal States;CommentsClose CommentsPermalink





(ii) 20 percent shall be allocated based on intensity of impact of disasters on impacted coastal States;CommentsClose CommentsPermalink





(iii) 15 percent shall be allocated based on tidal shorelines of impacted coastal States; andCommentsClose CommentsPermalink





(iv) 15 percent of the funds shall be allocated based on the coastal population of impacted coastal States.CommentsClose CommentsPermalink





(B) Sixty percent for the National Grant Program for Coastal and Ocean Sustainability and Health under section 104, of which--CommentsClose CommentsPermalink





(i) 50 percent shall be allocated to coastal States;CommentsClose CommentsPermalink





(ii) 50 percent shall be allocated to any State, local, territory, and tribal governments, institutions of higher learning, and non-profit and for-profit organizations that may receive and expend Federal funds as legal entities; andCommentsClose CommentsPermalink





(iii) no more than 10 percent of the total amount of funds available shall be allocated to a single State or entity in a fiscal year.CommentsClose CommentsPermalink





(c) General Administrative Charges Prohibited- Grants issued under this Act shall not be subject to a general administrative charge.CommentsClose CommentsPermalink





(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 redeposited into the COSH Fund and be reallocated in accordance with this section.CommentsClose CommentsPermalink

SEC. 103. COASTAL AND OCEAN DISASTER GRANT PROGRAM.

(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, mitigating, monitoring, or otherwise managing coastal and ocean natural resources impacted by such disasters.CommentsClose CommentsPermalink





(b) Eligibility-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) it is one of the States of Texas, Louisiana, Mississippi, Alabama, and Florida, or an Indian tribe in such State; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) LIMITATION- A coastal State or Indian tribe shall not be eligible for a grant under this section if it is receiving assistance under another Federal law for an activity described in section 105(b) conducted for a purpose referred to in subsection (a).CommentsClose CommentsPermalink

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) (including amounts added under section 103(b)(2)) to make grants to coastal States that are eligible under subsection (b).CommentsClose CommentsPermalink





(b) Eligibility- To be eligible for a grant under this section, a person--CommentsClose CommentsPermalink





(1) must be--CommentsClose CommentsPermalink





(A) a coastal State that has a management program approved by the Secretary under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); orCommentsClose CommentsPermalink





(B) a State, local, territory, or tribal government, institution of higher learning, or nonprofit or and for-profit organization that may receive and expend Federal funds as a legal entity; andCommentsClose CommentsPermalink





(2) must submit to the Secretary a multiyear plan for use of the grant that--CommentsClose CommentsPermalink





(A) specifies how the grant funds will be allocated;CommentsClose CommentsPermalink





(B) is sufficiently flexible to allow the coastal State to respond to emerging needs; andCommentsClose CommentsPermalink





(C) is approved by the Secretary.CommentsClose CommentsPermalink

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, maintain, manage, or understand marine resources and their habitats and resources in coastal and ocean waters, including baseline scientific research and other activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws, and that avoid environmental degradation.CommentsClose CommentsPermalink





(b) Included Activities- Activities referred to in subsection (a) include--CommentsClose CommentsPermalink





(1) coastal management planning and implementation under the Coastal Zone Management Act of 1972;CommentsClose CommentsPermalink





(2) coastal and estuarine land protection, including the protection of the environmental integrity of important coastal and estuarine areas, such as wetlands and forests, that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion to other uses;CommentsClose CommentsPermalink





(3) efforts to protect and manage living marine resources, including fisheries, coral reefs, research, management, and enhancement;CommentsClose CommentsPermalink





(4) programs, activities, and new technology designed to improve or complement the management and mission of national marine sanctuaries, marine monuments, national estuarine research reserves, and marine protected areas;CommentsClose CommentsPermalink





(5) mitigation, restoration, protection, and relocation of coastal communities threatened by the impacts of climate change;CommentsClose CommentsPermalink





(6) mitigation of the effects of offshore activities, including environmental restoration;CommentsClose CommentsPermalink





(7) efforts to acquire, protect and restore coastal lands and wetlands, and to restore or prevent damage to wetlands in the coastal zone, coastal estuaries, and lands, life, and property in the coastal zone;CommentsClose CommentsPermalink





(8) management of non-point sources of coastal and marine pollution;CommentsClose CommentsPermalink





(9) long-term coastal and ocean research and education, monitoring, and natural resource management;CommentsClose CommentsPermalink





(10) regional multi-State management efforts designed to manage, protect, or restore the coastal zone and ocean resources; orCommentsClose CommentsPermalink





(11) management and administration of authorized activities.CommentsClose CommentsPermalink

SEC. 106. GRANT APPLICATION.

A person seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.CommentsClose CommentsPermalink

TITLE II--TIMELY ISSUANCE OF OFFSHORE OIL AND GAS LEASESCommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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 Secretary 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. 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.’.CommentsClose CommentsPermalink

SEC. 202. EFFECTIVE AND EFFICIENT ENVIRONMENTAL REVIEW.

(a) Completion of Analyses for Lease Sales- The Secretary shall, to the maximum extent practicable, complete all analyses, processes, and procedures 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.CommentsClose CommentsPermalink





(b) Treatment of Secretary’s Actions- Notwithstanding the provisions of any other law, the Secretary’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.CommentsClose CommentsPermalink

TITLE III--OFFICE OF ENERGY EMPLOYMENT AND TRAINING AND OFFICE OF MINORITY AND WOMEN INCLUSIONCommentsClose CommentsPermalink

SEC. 301. ESTABLISHMENT OF OFFICE OF ENERGY EMPLOYMENT AND TRAINING.

(a) Establishment- The Secretary of the Interior shall establish an Office of Energy Employment and Training, which shall oversee the efforts of the Department of the Interior’s energy planning, permitting, and regulatory activities to carry out the purposes, objectives, and requirements of this Act.CommentsClose CommentsPermalink





(b) Director-CommentsClose CommentsPermalink





(1) IN GENERAL- The Office shall be directed by an Assistant Secretary for Energy Employment and Training, who shall report directly to the Secretary and shall be fully employed to carry out the functions of the Office.CommentsClose CommentsPermalink





(2) DUTIES- The Assistant Secretary for Energy Employment and Training shall perform the following functions:CommentsClose CommentsPermalink





(A) Develop and implement systems to track the Department’s compliance with the purposes, objectives, and requirements of the Act.CommentsClose CommentsPermalink





(B) Report at least quarterly to the Secretary regarding the Department’s compliance with the purposes, objectives, and requirements of this Act, including but not limited to specific data regarding the numbers and types of jobs created through the Department’s efforts and a report on all job training programs planned or in progress by the Department.CommentsClose CommentsPermalink





(C) Design and recommend to the Secretary programs and policies aimed at ensuring the Department’s compliance with the purposes, objectives, and requirements of this Act, and oversee implementation of such programs approved by the Secretary.CommentsClose CommentsPermalink





(D) Develop procedures for enforcement of the Department’s requirements and responsibilities under this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(F) Assist the Secretary in complying with the reporting requirements of title V of this Act.CommentsClose CommentsPermalink

SEC. 302. OFFICE OF MINORITY AND WOMEN INCLUSION.

(a) Office of Minority and Women Inclusion-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary of the Interior shall establish an Office of Minority and Women Inclusion not later than 6 months after the effective date of this Act, that shall be responsible for all matters of the Department of the Interior relating to diversity in management, employment, and business activities.CommentsClose CommentsPermalink





(2) TRANSFER OF RESPONSIBILITIES- The Secretary of the Interior shall ensure that the responsibilities described in paragraph (1) (or comparable responsibilities) that are assigned to any other office, agency, or bureau of the Department on the day before the date of enactment of this Act are transferred to the Office of Minority and Women Inclusion.CommentsClose CommentsPermalink





(3) DUTIES WITH RESPECT TO CIVIL RIGHTS LAWS- The responsibilities described in paragraph (1) do not include enforcement of statutes, regulations, or executive orders pertaining to civil rights, except each Director shall coordinate with the Secretary, or the designee of the Secretary, regarding the design and implementation of any remedies resulting from violations of such statutes, regulations, or executive orders.CommentsClose CommentsPermalink





(b) Director-CommentsClose CommentsPermalink





(1) IN GENERAL- The Office shall have a Director who shall be appointed by, and shall report to, the Secretary of the Interior. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined in section 3132 of title 5, United States Code, or an equivalent designation.CommentsClose CommentsPermalink





(2) DUTIES- The Director shall develop standards for--CommentsClose CommentsPermalink





(A) equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the Department;CommentsClose CommentsPermalink





(B) increased participation of minority-owned and women-owned businesses in the programs and contracts of the Department, including standards for coordinating technical assistance to such businesses; andCommentsClose CommentsPermalink





(C) assessing the diversity policies and practices of entities regulated by the Department.CommentsClose CommentsPermalink





(3) OTHER DUTIES- The Director shall advise the Secretary of the Interior on the impact of the policies and regulations of the Department on minority-owned and women-owned businesses.CommentsClose CommentsPermalink





(4) RULE OF CONSTRUCTION- Nothing in paragraph (2)(C) may be construed to mandate any requirement on or otherwise affect the lending policies and practices of any regulated entity, or to require any specific action based on the findings of the assessment.CommentsClose CommentsPermalink





(c) Inclusion in All Levels of Business Activities-CommentsClose CommentsPermalink





(1) IN GENERAL- The Director shall develop and implement standards and procedures to ensure, to the maximum extent possible, the fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the Department at all levels, including in procurement, insurance, and all types of contracts.CommentsClose CommentsPermalink





(2) CONTRACTS- The procedures established by the Department for review and evaluation of contract proposals and for hiring service providers shall include, to the extent consistent with applicable law, a component that gives consideration to the diversity of the applicant. Such procedure shall include a written statement, in a form and with such content as the Director shall prescribe, that a contractor shall ensure, to the maximum extent possible, the fair inclusion of women and minorities in the workforce of the contractor and, as applicable, subcontractors.CommentsClose CommentsPermalink





(3) TERMINATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) EFFECT OF DETERMINATION-CommentsClose CommentsPermalink





(i) RECOMMENDATION TO SECRETARY- Upon a determination described in subparagraph (A), the Director shall make a recommendation to the Secretary that the contract be terminated.CommentsClose CommentsPermalink





(ii) ACTION BY SECRETARY- Upon receipt of a recommendation under clause (i), the Secretary may--CommentsClose CommentsPermalink





(I) terminate the contract;CommentsClose CommentsPermalink





(II) make a referral to the Office of Federal Contract Compliance Programs of the Department of Labor; orCommentsClose CommentsPermalink





(III) take other appropriate action.CommentsClose CommentsPermalink





(d) Reports- The Secretary shall submit to Congress an annual report regarding the actions taken by the Department of the Interior agency and the Office pursuant to this section, which shall include--CommentsClose CommentsPermalink





(1) a statement of the total amounts paid by the Department to contractors since the previous report;CommentsClose CommentsPermalink





(2) the percentage of the amounts described in paragraph (1) that were paid to contractors described in subsection (c)(1);CommentsClose CommentsPermalink





(3) the successes achieved and challenges faced by the Department in operating minority and women outreach programs;CommentsClose CommentsPermalink





(4) the challenges the Department may face in hiring minority and women employees and contracting with minority-owned and women-owned businesses; andCommentsClose CommentsPermalink





(5) any other information, findings, conclusions, and recommendations for legislative or Department action, as the Director determines appropriate.CommentsClose CommentsPermalink





(e) Diversity in Department Workforce- The Secretary shall take affirmative steps to seek diversity in the workforce of the Department at all levels of the Department in a manner consistent with applicable law. Such steps shall include--CommentsClose CommentsPermalink





(1) recruiting at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations;CommentsClose CommentsPermalink





(2) sponsoring and recruiting at job fairs in urban communities;CommentsClose CommentsPermalink





(3) placing employment advertisements in newspapers and magazines oriented toward minorities and women;CommentsClose CommentsPermalink





(4) partnering with organizations that are focused on developing opportunities for minorities and women to be placed in energy industry internships, summer employment, and full-time positions;CommentsClose CommentsPermalink





(5) where feasible, partnering with inner-city high schools, girls’ high schools, and high schools with majority minority populations to establish or enhance financial literacy programs and provide mentoring; andCommentsClose CommentsPermalink





(6) any other mass media communications that the Office determines necessary.CommentsClose CommentsPermalink





(f) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink





(1) MINORITY- The term ‘minority’ means United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American.CommentsClose CommentsPermalink





(2) MINORITY-OWNED BUSINESS- The term ‘minority-owned business’ means a for-profit enterprise, regardless of size, physically located in the United States or its trust territories, which is owned, operated, and controlled by minority group members. ‘Minority group members’ are United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American (terminology in NMSDC categories). Ownership by minority individuals means the business is at least 51 percent owned by such individuals or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more such individuals. Further, the management and daily operations are controlled by those minority group members. For purposes of NMSDC’s program, a minority group member is an individual who is a United States citizen with at least 1/4 or 25 percent minimum (documentation to support claim of 25 percent required from applicant) of one or more of the following:CommentsClose CommentsPermalink





(A) Asian Indian American, which is a United States citizen whose origins are from India, Pakistan, or Bangladesh.CommentsClose CommentsPermalink





(B) Asian Pacific American, which is a United States citizen whose origins are from Japan, China, Indonesia, Malaysia, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Thailand, Samoa, Guam, the United States Trust Territories of the Pacific, or the Northern Marianas.CommentsClose CommentsPermalink





(C) Black American, which is a United States citizen having origins in any of the Black racial groups of Africa.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) NMSDC- The term ‘NMSDC’ means the National Minority Supplier Development Council.CommentsClose CommentsPermalink





(4) OFFICE- The term ‘Office’ means the Office of Minority and Women Inclusion established under subsection (a).CommentsClose CommentsPermalink





(5) WOMEN-OWNED BUSINESS- The term ‘women-owned business’ means a business that can verify through evidence documentation that 51 percent or more is women-owned, managed, and controlled. The business must be open for at least 6 months. The business owner must be a United States citizen or legal resident alien. Evidence must indicate that--CommentsClose CommentsPermalink





(A) the contribution of capital or expertise by the woman business owner is real and substantial and in proportion to the interest owned;CommentsClose CommentsPermalink





(B) the woman business owner directs or causes the direction of management, policy, fiscal, and operational matters; andCommentsClose CommentsPermalink





(C) the woman business owner has the ability to perform in the area of specialty or expertise without reliance on either the finances or resources of a firm that is not owned by a woman.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink

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 Employment 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 information regarding the numbers and types of jobs created through the Department of the Interior’s efforts, the results 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.CommentsClose CommentsPermalink