		II
		110th CONGRESS
		1st Session
		S. 798
		IN THE SENATE OF THE UNITED
		  STATES

			March 7, 2007
			Mr. Cardin (for himself,
			 Ms. Mikulski, Mr. Warner, Mr.
			 Webb, Mr. Levin, and
			 Mrs. Clinton) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish the Star-Spangled Banner and
		  War of 1812 Bicentennial Commission, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Star-Spangled Banner and War of 1812
			 Bicentennial Commission Act.
		2.Findings and purpose
			(a)FindingsCongress finds that—
				(1)the War of 1812 served as a crucial test
			 for the United States Constitution and the newly established democratic
			 Government;
				(2)vast regions of the new multi-party
			 democracy, including the Chesapeake Bay, the Gulf of Mexico and the Niagara
			 Frontier, were affected by the War of 1812 including the States of Alabama,
			 Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kentucky,
			 Louisiana, Massachusetts, Maryland, Maine, Michigan, Missouri, Mississippi, New
			 Jersey, North Carolina, New Hampshire, New York, Ohio, Oregon, Pennsylvania,
			 Rhode Island, South Carolina, Tennessee, Virginia, Vermont, Wisconsin, West
			 Virginia, and the District of Columbia;
				(3)the British occupation of American
			 territory along the Great Lakes and in other regions, the burning of
			 Washington, DC, the American victories at Fort McHenry, New Orleans, and
			 Plattsburgh, among other battles, had far reaching effects on American
			 society;
				(4)at the Battle of Baltimore, Francis Scott
			 Key wrote the poem that celebrated the flag and later was titled the
			 Star-Spangled Banner;
				(5)the poem led to the establishment of the
			 flag as an American icon and became the words of the national anthem of the
			 United States in 1932; and
				(6)it is in the national interest to provide
			 for appropriate commemorative activities to maximize public understanding of
			 the meaning of the War of 1812 in the history of the United States.
				(b)PurposesThe purposes of this Act are to—
				(1)establish the Star-Spangled Banner and War
			 of 1812 Commemoration Commission;
				(2)ensure a suitable national observance of
			 the War of 1812 by complementing, cooperating with, and providing assistance to
			 the programs and activities of the various States involved in the
			 commemoration;
				(3)encourage War of 1812 observances that
			 provide an excellent visitor experience and beneficial interaction between
			 visitors and the natural and cultural resources of the various War of 1812
			 sites;
				(4)facilitate international involvement in the
			 War of 1812 observances;
				(5)support and facilitate marketing efforts
			 for a commemorative coin, stamp, and related activities for the War of 1812
			 observances; and
				(6)promote the protection of War of 1812
			 resources and assist in the appropriate development of heritage tourism and
			 economic benefits to the United States.
				3.DefinitionsIn this Act:
			(1)CommemorationThe term commemoration means
			 the commemoration of the War of 1812.
			(2)CommissionThe term Commission means the
			 Star-Spangled Banner and War of 1812 Bicentennial Commission established in
			 section 4(a).
			(3)Qualified citizenThe term qualified citizen
			 means a citizen of the United States with an interest in, support for, and
			 expertise appropriate to the commemoration.
			(4)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(5)StatesThe term States—
				(A)means the States of Alabama, Kentucky,
			 Indiana, Louisiana, Maryland, Virginia, New York, Maine, Michigan, and Ohio;
			 and
				(B)includes agencies and entities of each
			 State.
				4.Star-Spangled Banner and War of 1812
			 Commemoration Commission
			(a)In GeneralThere is established a commission to be
			 known as the Star-Spangled Banner and War of 1812 Bicentennial
			 Commission.
			(b)Membership
				(1)In generalThe Commission shall be composed of 21
			 members, of whom—
					(A)3 members shall be qualified citizens
			 appointed by the Secretary after consideration of nominations submitted by the
			 Governors of Maryland, Louisiana, and Virginia;
					(B)7 members shall be qualified citizens
			 appointed by the Secretary after consideration of nominations submitted by the
			 Governors of Alabama, Kentucky, Indiana, New York, Maine, Michigan and
			 Ohio;
					(C)3 members shall be qualified citizens
			 appointed by the Secretary after consideration of nominations submitted by the
			 Mayors of the District of Columbia, the City of Baltimore, and the City of New
			 Orleans;
					(D)2 members shall be employees of the
			 National Park Service, of whom—
						(i)1 shall be the Director of the National
			 Park Service (or a designee); and
						(ii)1 shall be an employee of the National Park
			 Service having experience relevant to the commemoration;
						(E)4 members shall be qualified citizens
			 appointed by the Secretary with consideration of recommendations—
						(i)1 of which are submitted by the majority
			 leader of the Senate;
						(ii)1 of which are submitted by the minority
			 leader of the Senate;
						(iii)1 of which are submitted by the majority
			 leader of the House of Representatives;
						(iv)1 of which are submitted by the minority
			 leader of the House of Representatives; and
						(F)2 members shall be appointed by the
			 Secretary from among individuals with expertise in the history of the War of
			 1812.
					(2)Date of appointmentsThe appointment of a member of the
			 Commission shall be made not later than 120 days after the date of enactment of
			 this Act.
				(c)Term; Vacancies
				(1)TermA member shall be appointed for the life of
			 the Commission.
				(2)VacanciesA vacancy on the Commission—
					(A)shall not affect the powers of the
			 Commission; and
					(B)shall be filled in the same manner as the
			 original appointment was made.
					(d)Voting
				(1)In generalThe Commission shall act only on an
			 affirmative vote of a majority of the members of the Commission.
				(2)QuorumA majority of the members of the Commission
			 shall constitute a quorum.
				(e)Chairperson and Vice Chairperson
				(1)SelectionThe Commission shall select a chairperson
			 and a vice chairperson from among the members of the Commission.
				(2)Absence of chairpersonThe vice chairperson shall act as
			 chairperson in the absence of the chairperson.
				(f)Initial MeetingNot later than 60 days after the date on
			 which all members of the Commission have been appointed and funds have been
			 provided, the Commission shall hold the initial meeting of the
			 Commission.
			(g)MeetingsNot less than twice a year, the Commission
			 shall meet at the call of the chairperson or a majority of the members of the
			 Commission.
			(h)RemovalAny member who fails to attend 3 successive
			 meetings of the Commission or who otherwise fails to participate substantively
			 in the work of the Commission may be removed by the Secretary and the vacancy
			 shall be filled in the same manner as the original appointment was made.
			 Members serve at the discretion of the Secretary.
			5.Duties
			(a)In GeneralThe Commission shall—
				(1)plan, encourage, develop, execute, and
			 coordinate programs, observances, and activities commemorating the historic
			 events that preceded and are associated with the War of 1812;
				(2)facilitate the commemoration throughout the
			 United States and internationally;
				(3)coordinate the activities of the Commission
			 with State commemoration commissions, the National Park Service, the Department
			 of Defense, and other appropriate Federal agencies;
				(4)encourage civic, patriotic, historical,
			 educational, religious, economic, tourism, and other organizations throughout
			 the United States to organize and participate in the commemoration to expand
			 the understanding and appreciation of the significance of the War of
			 1812;
				(5)provide technical assistance to States,
			 localities, units of the National Park System, and nonprofit organizations to
			 further the commemoration and commemorative events;
				(6)coordinate and facilitate scholarly
			 research on, publication about, and interpretation of the people and events
			 associated with the War of 1812;
				(7)design, develop, and provide for the
			 maintenance of an exhibit that will travel throughout the United States during
			 the commemoration period to interpret events of the War of 1812 for the
			 educational benefit of the citizens of the United States;
				(8)ensure that War of 1812 commemorations
			 provide a lasting legacy and long-term public benefit leading to protection of
			 the natural and cultural resources associated with the War of 1812; and
				(9)examine and review essential facilities and
			 infrastructure at War of 1812 sites and identify possible improvements that
			 could be made to enhance and maximize visitor experience at the sites.
				(b)Strategic Plan; Annual Performance
			 PlansThe Commission shall
			 prepare a strategic plan and annual performance plans for any activity carried
			 out by the Commission under this Act.
			(c)Reports
				(1)Annual reportThe Commission shall submit to Congress an
			 annual report that contains a list of each gift, bequest, or devise to the
			 Commission with a value of more than $250, together with the identity of the
			 donor of each gift, bequest, or devise.
				(2)Final reportNot later than September 30, 2015, the
			 Commission shall submit to the Secretary and Congress a final report that
			 includes—
					(A)a summary of the activities of the
			 Commission;
					(B)a final accounting of any funds received or
			 expended by the Commission; and
					(C)the final disposition of any historically
			 significant items acquired by the Commission and other properties not
			 previously reported.
					6.Powers
			(a)In GeneralThe Commission may—
				(1)solicit, accept, use, and dispose of gifts
			 or donations of money, services, and real and personal property related to the
			 commemoration in accordance with Department of the Interior and National Park
			 Service written standards for accepting gifts from outside sources;
				(2)appoint such advisory committees as the
			 Commission determines to be necessary to carry out this Act;
				(3)authorize any member or employee of the
			 Commission to take any action the Commission is authorized to take under this
			 Act;
				(4)use the United States mails in the same
			 manner and under the same conditions as other agencies of the Federal
			 Government; and
				(5)make grants to communities, nonprofit,
			 commemorative commissions or organizations, and research and scholarly
			 organizations to develop programs and products to assist in researching,
			 publishing, marketing, and distributing information relating to the
			 commemoration.
				(b)Legal Agreements
				(1)In generalIn carrying out this Act, the Commission
			 may—
					(A)procure supplies, services, and property;
			 and
					(B)make or enter into contracts, leases, or
			 other legal agreements.
					(2)LengthAny contract, lease, or other legal
			 agreement made or entered into by the Commission shall not extend beyond the
			 date of termination of the Commission.
				(c)Information From Federal Agencies
				(1)In generalThe Commission may secure directly from a
			 Federal agency such information as the Commission considers necessary to carry
			 out this Act.
				(2)Provision of informationOn request of the Chairperson of the
			 Commission, the head of the agency shall provide the information to the
			 Commission in accordance with applicable laws.
				(d)FACA applicationThe Federal Advisory Committee Act (5
			 U.S.C. App.)—
				(1)shall not apply to the Commission;
			 and
				(2)shall apply to advisory committees
			 established under subsection (a)(2).
				(e)No effect on authorityNothing in this Act supersedes the
			 authority of the States or the National Park Service concerning the
			 commemoration.
			7.Personnel matters
			(a)Members of the Commission
				(1)In generalExcept as provided in subsection (c)(1)(A),
			 a member of the Commission shall serve without compensation.
				(2)Travel expensesA member of the Commission shall be allowed
			 travel expenses, including per diem in lieu of subsistence, at rates authorized
			 for an employee of an agency under subchapter I of chapter 57 of title 5,
			 United States Code, while away from the home or regular place of business of
			 the member in the performance of the duties of the Commission.
				(3)StatusA member of the Commission, who is not
			 otherwise a Federal employee, shall be considered a Federal employee only for
			 purposes of the provisions of law related to ethics, conflicts of interest,
			 corruption, and any other criminal or civil statute or regulation governing the
			 conduct of Federal employees.
				(b)Executive director and other staff
				(1)In generalThe Chairperson of the Commission may,
			 without regard to the provisions of title 5, United States Code, governing
			 appointments in the competitive service and termination of employees (including
			 regulations), appoint and terminate an executive director, subject to
			 confirmation by the Commission, and appoint and terminate such other additional
			 personnel as are necessary to enable the Commission to perform the duties of
			 the Commission.
				(2)StatusThe Executive Director and other staff
			 appointed under this subsection shall be considered Federal employees under
			 section 2105 of title 5, United States Code, notwithstanding the requirements
			 of such section.
				(3)Confirmation of executive
			 directorThe employment of an
			 executive director shall be subject to confirmation by the Commission.
				(4)Compensation
					(A)In generalExcept as provided in subparagraph (B), the
			 Chairperson of the Commission may fix the compensation of the executive
			 director and other personnel without regard to the provisions of chapter 51 and
			 subchapter III of chapter 53 of title 5, United States Code, relating to
			 classification of positions and General Schedule pay rates.
					(B)Maximum rate of payThe rate of basic pay for the executive
			 director and other personnel shall not exceed the rate payable for level V of
			 the Executive Schedule under section 5316 of title 5, United States
			 Code.
					(c)Government employees
				(1)Federal employees
					(A)Service on commissionA member of the Commission who is an
			 officer or employee of the Federal Government shall serve without compensation
			 in addition to the compensation received for the services of the member as an
			 officer or employee of the Federal Government.
					(B)DetailAt the request of the Commission, the head
			 of any Federal agency may detail, on a reimbursable or nonreimbursable basis,
			 any of the personnel of the agency to the Commission to assist the Commission
			 in carrying out the duties of the Commission under this Act.
					(C)Civil service statusNotwithstanding any other provisions in
			 this section, Federal employees who serve on the Commission, are detailed to
			 the Commission, or otherwise provide services under the Act, shall continue to
			 be Federal employees for the purpose of any law specific to Federal employees,
			 without interruption or loss of civil service status or privilege.
					(2)State employeesThe Commission may—
					(A)accept the services of personnel detailed
			 from States (including subdivisions of States) under subchapter VI of chapter
			 33 of title 5, United States Code; and
					(B)reimburse States for services of detailed
			 personnel.
					(d)Members of advisory
			 committeesMembers of
			 advisory committees appointed under section 6(a)(2)—
				(1)shall not be considered employees of the
			 Federal Government by reason of service on the committees for the purpose of
			 any law specific to Federal employees, except for the purposes of chapter 11 of
			 title 18, United States Code, relating to conflicts of interest; and
				(2)may be paid travel expenses, including per
			 diem in lieu of subsistence, at rates authorized for an employee of an agency
			 under subchapter I of chapter 57 of title 5, United States Code, while away
			 from the home or regular place of business of the member in the performance of
			 the duties of the committee.
				(e)Volunteer and uncompensated
			 servicesNotwithstanding
			 section 1342 of title 31, United States Code, the Commission may accept and use
			 such voluntary and uncompensated services as the Commission determines
			 necessary.
			(f)Support servicesThe Director of the National Park Service
			 shall provide to the Commission, on a reimbursable basis, such administrative
			 support services as the Commission may request.
			(g)Procurement of temporary and intermittent
			 servicesThe Chairperson of
			 the Commission may employ experts and consultants on a temporary or
			 intermittent basis in accordance with section 3109(b) of title 5, United States
			 Code, at rates for individuals that do not exceed the daily equivalent of the
			 annual rate of basic pay prescribed for level V of the Executive Schedule under
			 section 5316 of that title. Such personnel shall be considered Federal
			 employees under section 2105 of title 5, United States Code, notwithstanding
			 the requirements of such section.
			8.Authorization of appropriations
			(a)In generalThere are authorized to be appropriated to
			 carry out this Act such sums as are necessary for each of fiscal years 2008
			 through 2015.
			(b)Availability of fundsAmounts appropriated under this section for
			 any fiscal year shall remain available until December 31, 2015.
			9.Termination of commission
			(a)In generalThe Commission shall terminate on December
			 31, 2015.
			(b)Transfer of materialsNot later than the date of termination, the
			 Commission shall transfer any documents, materials, books, manuscripts,
			 miscellaneous printed matter, memorabilia, relics, exhibits, and any materials
			 donated to the Commission that relate to the War of 1812, to Fort McHenry
			 National Monument and Historic Shrine.
			(c)Disposition of fundsAny funds held by the Commission on the
			 date of termination shall be deposited in the general fund of the
			 Treasury.


		III
		110th CONGRESS
		1st Session
		S. RES. 266
		IN THE SENATE OF THE UNITED STATES

			July 10, 2007
			Mr. McConnell submitted
			 the following resolution; which was considered and agreed to

		RESOLUTION
		Making minority party appointments for the
		  110th Congress.

		That the following be the minority
			 membership on the following committees for the remainder of the 110th Congress,
			 or until their successors are appointed:
			Committee on Energy and Natural
			 Resources:Mr. Domenici, Mr. Craig, Ms. Murkowski, Mr. Burr, Mr.
			 DeMint, Mr. Corker, Mr. Barrasso, Mr. Sessions, Mr. Smith, Mr. Bunning, and Mr.
			 Martinez.
			Committee on Environment and
			 Public Works: Mr. Inhofe, Mr. Warner, Mr. Voinovich, Mr.
			 Isakson, Mr. Vitter, Mr. Barrasso, Mr. Craig, Mr. Alexander, and Mr.
			 Bond.
			Committee on
			 Finance:Mr. Grassley, Mr. Hatch, Mr. Lott, Ms. Snowe, Mr. Kyl,
			 Mr. Smith, Mr. Bunning, Mr. Crapo, Mr. Roberts, and Mr. Ensign.
			Committee on Indian
			 Affairs:Ms. Murkowski, Mr. McCain, Mr. Coburn, Mr. Barrasso, Mr.
			 Domenici, Mr. Smith, and Mr. Burr.


I
111th CONGRESS 1st Session
H. R. 4363
IN THE HOUSE OF REPRESENTATIVES

December 16, 2009
Mrs. Capps introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To establish a regulatory system and research program for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the National Sustainable Offshore Aquaculture Act of 2009.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. NOAA Office; Advisory Board.
Sec. 4. Regional programmatic environmental impact statements.
Sec. 5. Offshore aquaculture permitting.
Sec. 6. Fees.
Sec. 7. Sustainable offshore aquaculture research program.
Sec. 8. Compatibility with other uses; State input.
Sec. 9. Relationship to other laws.
Sec. 10. Unlawful activities.
Sec. 11. Enforcement.
Sec. 12. Natural resources damages assessment and liability.
Sec. 13. Encouraging worldwide adherence to the aquaculture provisions of the Code of Conduct for Responsible Fisheries.
Sec. 14. Definitions.
2.PurposesThe purposes of this Act are the following:
(1)To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone.
(2)To authorize the Secretary of Commerce to determine appropriate locations for, permit, regulate, monitor, and enforce offshore aquaculture in the exclusive economic zone.
(3)To require the Secretary of Commerce to issue regulations for permitting of offshore aquaculture in the exclusive economic zone that prevent impacts on the marine ecosystem and fisheries or minimize such impacts to the extent they cannot be avoided.
(4)To establish a research program to guide the precautionary development of offshore aquaculture in the exclusive economic zone that ensures ecological sustainability and compatibility with healthy, functional ecosystems.
3.NOAA Office; Advisory Board
(a)NOAA Office
(1)In generalThe Secretary shall establish an Office of Sustainable Offshore Aquaculture within the National Marine Fisheries Service at National Oceanic and Atmospheric Administration headquarters, and satellite offices of such office in each of the National Oceanic and Atmospheric Administration’s regional fisheries offices.
(2)DutiesThe Office shall be responsible for implementing this Act, and shall—
(A)conduct the regional programmatic environmental impact studies under section 4;
(B)implement the permitting and regulatory program under section 5;
(C)administer the research program established under section 7;
(D)coordinate aquaculture and related issues within the National Oceanic and Atmospheric Administration;
(E)perform outreach, education, and training;
(F)provide opportunities for consultation among owners and operators of offshore aquaculture facilities, Regional Fishery Management Councils, nonprofit conservation organizations, and other interested stakeholders;
(G)organize through each regional office a network of regional experts, in coordination with relevant organizations such as the National Sea Grant College program and other academic institutions, to provide technical expertise on aquaculture;
(H)maintain the database required by paragraph (3); and
(I)perform such other functions as are necessary to carry out this Act.
(3)DatabaseThe Secretary shall establish and maintain within the Office an aquaculture database, which shall include information on research, technologies, monitoring techniques, best management practices, and recommendations of the Sustainable Offshore Aquaculture Advisory Board established under subsection (b). The Secretary shall make the database available to the general public in a manner that protects proprietary information of owners and operators of offshore aquaculture facilities.
(b)Advisory board
(1)In generalThe Office shall establish a Sustainable Offshore Aquaculture Advisory Board, the members of which shall be appointed by the Secretary.
(2)StructureThe membership of the Advisory Board shall include, at a minimum, representatives from the National Marine Fisheries Service, the commercial and recreational fishing industries, State or local governments, the Coast Guard, nonprofit conservation organizations, members of academia with scientific or technical expertise in ocean and coastal matters, and representatives of the aquaculture industry.
(3)Appointment and terms
(A)In generalMembers of the Advisory Board shall be appointed by the Secretary for a term of 2 years.
(B)VacanciesWhenever a vacancy occurs, the Secretary shall appoint an individual representing the same interests or affiliation represented by the individual’s predecessor to fill that vacancy for the remainder of the applicable term.
(4)ChairpersonThe Advisory Board shall have a chairperson, who shall be elected by the Advisory Board from among its members. The chairperson shall serve for a 2-year term.
(5)DutiesThe Advisory Board shall—
(A)meet at least once every six months; and
(B)provide advice to the Secretary on all aspects of offshore aquaculture, including developing technologies, emerging risks, issues unique to each region, and priorities for research authorized under section 7.
(6)Continuing existenceSection 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
4.Regional programmatic environmental impact statements
(a)In generalThe Secretary shall issue for each region described in subsection (b) a regional programmatic environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) regarding permitting of offshore aquaculture under this Act.
(b)Regions describedThe regions referred to in subsection (a) are each of the geographic regions for which a Regional Fishery Management Council is established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)).
(c)Identification of areasThe Secretary shall include in the statement under subsection (a) for a region identification of—
(1)areas of the region that are not appropriate locations for the conduct of offshore aquaculture; and
(2)areas of the region that may be appropriate locations for the conduct of offshore aquaculture.
(d)Matters To be consideredEach regional programmatic environmental impact statement shall include consideration of the following:
(1)Appropriate areas for siting offshore aquaculture facilities and operations to avoid adverse impacts, and to minimize any unavoidable impacts on user groups, public trust values, and the marine environment, including effects on commercial and recreational fishing and other important ocean uses.
(2)Impacts on marine ecosystems, sensitive ocean and coastal habitats, and other plant and animal species, including—
(A)the impacts of escaped fish on wild fish populations;
(B)the impacts of interactions with marine mammals, marine wildlife, and birds;
(C)the impacts of the use of chemical and biological products, pollutants, and nutrient wastes on the marine environment; and
(D)effects of removal of forage fish for feed, fishmeal, and fish oil on marine ecosystems.
(3)Cumulative effects of a number of offshore aquaculture facilities on the ability of the marine environment to maintain preexisting flora and fauna.
(4)Design of offshore aquaculture facilities and operations to avoid adverse environmental impacts, and to minimize any unavoidable impacts.
(e)Review and revisionThe Administrator shall review, revise, and publish in the Federal Register each regional programmatic environmental impact statement under this section every 10 years, including by—
(1)reviewing and revising, as appropriate, identifications of areas under subsection (c); and
(2)reassessing the analysis of each such identification, taking into account changes in environmental conditions and information that has become available since the date of such identification.
(f)Programmatic EIS requiredNo permit may be issued under section 5 for an offshore aquaculture facility before the date of the issuance of all programmatic environmental impact statements under this section.
(g)Environmental reviewIn addition to the requirement to issue regional programmatic environmental impact statements under this section, a separate environmental review under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) shall be conducted for issuing permits under this Act.
5.Offshore aquaculture permitting
(a)Permitting requirement
(1)In generalNo person may engage in offshore aquaculture except as authorized by a permit issued under this Act.
(2)Permitting authorityThe Secretary may issue permits in accordance with this Act authorizing a person to engage in offshore aquaculture.
(3)Existing authorizations not effectiveNo permit or other authorization issued under any other Federal law before the date of the enactment of this Act shall be construed as authorizing activity for which a permit is required by this Act.
(b)Regulations
(1)In generalThe Secretary shall issue regulations that govern the issuance of permits under this Act and the conduct of activities under such permits by not later than 180 days after the regional programmatic environmental impact statements required under section 4 are completed.
(2)Priority of methodThe regulations shall—
(A)to the extent feasible, establish numerical standards for environmental performance under such permits;
(B)to the extent such numerical standards are not feasible, establish narrative standards for such performance; and
(C)to the extent such numerical standards and narrative standards are not feasible, require management practices, including implementation of best management practices for such performance.
(3)Best scientific information availableThe regulations shall be based on the best scientific information available.
(4)Review of regulationsThe Secretary shall review and revise the regulations under this section at the same time the Secretary conducts reviews of regional programmatic environmental impact statements under section 4(e).
(c)ApplicationThe applicant for a permit under this section shall submit to the Secretary an application—
(1)specifying—
(A)the proposed location to be developed under the permit, including—
(i)size;
(ii)depth;
(iii)water conditions, including currents;
(iv)substrate;
(v)preliminary habitat and ecological community assessment data;
(vi)distribution and composition of species;
(vii)proximity to other offshore aquaculture facilities; and
(viii)proximity to other uses;
(B)the proposed operation to be developed under the permit;
(C)the marine species to be propagated or reared, or both; and
(D)design, construction, and operational information as may be specified in the regulations under this section;
(2)demonstrating that the location is sufficient to avoid or minimize adverse effects on resources and other resource users; and
(3)containing such other information as may be required by the Secretary.
(d)EligibilityA person shall not be eligible to apply for a permit under this section unless the person is an individual who is a resident of the United States or a corporation, partnership, or other entity organized and existing under the laws of a State or the United States.
(e)Public notice and commentThe Secretary shall—
(1)promptly publish public notice of each application received by the Secretary for a permit under this section;
(2)determine whether a permit application is complete within 30 days of receipt; and
(3)provide a period of at least 90 days after determining that the application is complete for the submission of public comment on the application.
(f)Consideration by Secretary
(1)In generalWithin 180 days after determining that a permit application under this section is complete and the applicant has satisfied all applicable statutory and regulatory requirements, the Secretary shall issue or deny the permit. If the Secretary is unable to issue or deny a permit within this time period, the Secretary shall provide written notice to the applicant indicating the reasons for the delay and establishing a reasonable timeline for issuing or denying the permit.
(2)Consultation not affectedParagraph (1) shall not be construed to affect the application of any requirement under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or any other Federal law.
(g)Permit terms
(1)Effective period; renewalA permit under this section—
(A)shall be effective for an initial period of 10 years; and
(B)may be renewed by the Secretary for subsequent 10-year periods.
(2)Permittee’s right of first refusalThe Secretary may not issue a permit under this section to a person for an area that is subject to another permit under this section held by another person, unless—
(A)the other person elects not to renew the other permit; or
(B)the other permit expires or is terminated by its terms.
(3)TransferabilityA permit under this section shall be transferable to any person who is otherwise eligible for the permit.
(h)Prioritization of permitsThe Secretary—
(1)shall give priority to issuance of permits for activities to be conducted in an area that has been identified in a statement under section 4(c)(2) as an area that may be an appropriate location for the conduct of offshore aquaculture;
(2)shall give priority to issuance of permits for activities to be conducted using technologies and practices that will substantially exceed compliance with the permit terms and conditions required under subsection (j); and
(3)may waive some or all of the requirements to pay a fee under section 6 with respect to a permit required to be given priority under paragraph (1) or (2).
(i)Annual review and reporting
(1)In generalThe Secretary shall conduct—
(A)an annual review of compliance with permits under this Act by each permittee; and
(B)announced and unannounced site inspections at locations of offshore aquaculture facilities operated under such permits.
(2)Reporting requirementsWith respect to activities under a permit under this section, the permittee shall report annually to the Secretary—
(A)comprehensive data regarding escape events, including estimates of stocked and harvested fish and mortalities;
(B)nutrient-loading data and community structure data to assess the impact of offshore aquaculture on the water column and the benthos;
(C)prevalence and extent of disease and parasites;
(D)the use and amounts of antibiotics, pesticides, prescription drugs and nonprescription drugs, and other chemical treatments;
(E)sources of fish feed, including invoices, receipts, or bills of lading showing source of wild fish stock; and
(F)other information, as required by the Secretary.
(3)Availability of informationThe Secretary shall make all data reported by permittees publically available, subject to reasonable restrictions to protect proprietary information of owners and operators of offshore aquaculture facilities.
(4)Assessment of reported dataThe Secretary shall conduct an independent assessment of all data reported by permittees to ensure permit compliance and identify potential cumulative impacts of offshore aquaculture.
(j)Permit terms and conditionsThe Secretary shall include in the terms and conditions of each permit under this Act the following:
(1)Broodstock management and fish escapes
(A)Offshore aquaculture under such permit shall be limited to species of a genotype native to the geographic region of the offshore aquaculture facility or operations authorized by the permit.
(B)Species of special concern or those of protected status under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be cultured for growout and harvest.
(C)Genetically modified species shall not be cultured.
(D)Native species shall be cultured in a manner that ensures fish escapes will not harm the genetics of local wild fish. Stocked fish shall be no further than two generations from the relevant wild stock, and shall not have been exposed to intentional selective breeding.
(E)All cultured fish shall be marked, tagged, or otherwise identified as belonging to the permittee in a manner determined appropriate by the Secretary, unless the Secretary determines that identifying cultured fish is unnecessary for protecting wild fish stocks, the marine environment, or other ocean uses.
(F)All facilities and operations shall be designed, operated, and shown to be effective at preventing the escape of cultured fish into the marine environment and withstanding severe weather conditions and marine accidents. The permittee shall maintain records on all escapes. In the event of escapement, the number of escaped fish and the circumstances surrounding the incident shall be reported immediately to the Secretary.
(G)Wild-caught fish shall not be contained in any research project under section 7 or offshore aquaculture facility permitted under this Act for the purposes of growing such fish to market size or mass, or with the intention of selling such fish.
(2)Disease and pathogen preventionThe Secretary shall—
(A)require offshore aquaculture facilities to be designed, located, and operated to prevent the incubation and spread of disease and pathogens and ecosystem impacts from disease and pathogen introduction;
(B)prohibit the use, including the prophylactic use, of antibiotics, pesticides, prescription and nonprescription drugs, or other chemical treatments; except that—
(i)such use may be allowed as necessary to treat a diagnosed disease; and
(ii)the use of vaccines may be allowed;
(C)require that if use of antibiotics, pesticides, prescription or nonprescription drugs, or other chemical treatments is necessary to treat a diagnosed disease and multiple options for treatment of such disease exist—
(i)the option with the least environmental impact shall be used; and
(ii)such use shall be minimized to the maximum extent practicable;
(D)require that the use of antifouling paints on all offshore aquaculture facilities, vessels, and in-water structures be minimized to the maximum extent practicable; and
(E)prohibit the use of any antibiotic, pesticide, prescription or nonprescription drug, or other chemical treatment for marine aquaculture except after consultation with the Commissioner of the Food and Drug Administration.
(3)Habitat and ecosystem impactsThe Secretary—
(A)shall establish appropriate numerical limitations of nutrient inputs into the marine environment from offshore aquaculture facilities—
(i)in consultation with the Administrator of the Environmental Protection Agency;
(ii)at a local or regional level as necessary to protect the environment; and
(iii)taking into account cumulative and secondary impacts of such inputs at the local and regional level from the expansion of offshore aquaculture; and
(B)shall require each permittee under this Act to prevent discharges of pollutants into ocean waters to the maximum extent practicable.
(4)Interactions with and impacts on marine wildlifeThe Secretary shall—
(A)require each permittee under this Act to develop a comprehensive, integrated predator management plan that—
(i)employs nonlethal deterrents as a primary course of action; and
(ii)contains measures to prevent entanglement, migration disruption, and change in predator behavior, so as to not unreasonably disrupt wildlife or their use of critical marine habitat; and
(B)prohibit permittees under this Act—
(i)from using underwater acoustic deterrent devices of any kind; and
(ii)from intentionally killing or seriously injuring marine mammals and other predators of cultured fish, except if human safety is immediately threatened.
(5)Use of marine resources for feedsThe Secretary shall—
(A)prohibit the use under permits under this Act of wild fish as feed ingredients for offshore aquaculture unless—
(i)they are sourced from populations with ecosystem-based management measures in place; and
(ii)they are sourced from populations whose biomass is at or above maximum sustainable yield;
(B)require that use under such permits of fishmeal and fish oil derived from forage fisheries be minimized;
(C)require that alternatives to fishmeal and fish oil, or fishmeal and fish oil made from fish byproducts be utilized under such permits to the maximum extent practicable; and
(D)issue guidance that incorporates the results of the joint NOAA–USDA Alternative Feeds Initiative and other research efforts investigating alternative feed ingredients.
(6)Interactions with fisheriesThe Secretary shall minimize displacement of commercial and recreational fisherman and economic harm to fishing communities resulting from activities under permits under this Act.
(7)SitingThe Secretary shall prohibit siting of an offshore aquaculture facility under a permit under this Act—
(A)in sensitive habitat, including any marine protected area, marine reserve, Habitat Area of Particular Concern, Special Management Zone, or National Marine Sanctuary;
(B)in an area that is identified in a regional programmatic environmental impact statement under section 4(c)(1) as an area that is not an appropriate location for the conduct of offshore aquaculture; or
(C)on or attached to any portion of an oil or gas platform, including one that is no longer in service.
(k)Limited rightThe Secretary shall not issue any permit under this Act that constitutes a property right for which compensation could be required under the Fifth Amendment to the Constitution.
(l)Limitation in the public interestThe Secretary shall not issue a permit under this Act for an offshore aquaculture project if the Secretary determines that denial of a permit for the project is in the public interest.
6.Fees
(a)Permit fees
(1)In generalThe Secretary shall establish, assess, and collect application fees and annual fees with respect to permits under this Act that are sufficient to pay the costs of issuance, monitoring, and enforcement of such permits.
(2)Deposit and useSuch fees shall be deposited as offsetting collections in the Operations, Research, and Facilities account of the Department of Commerce.
(b)Resource rental fees
(1)In generalThe Secretary shall establish, assess, and collect resource rental fees to recover from permittees under this Act a reasonable portion of the value of the use under the permits of ocean resources held in public trust.
(2)Deposit and useAmounts received by the United States as fees under this subsection—
(A)shall be deposited into a separate account in the Treasury, which shall be known as the Offshore Aquaculture Development and Resource Trust Fund; and
(B)shall be available to the Secretary, subject to the availability of appropriations and review by the Offshore Aquaculture Advisory Board established under section 3(b), to enhance the research program under section 7.
(c)Financial guaranteeThe Secretary shall require each permittee under this Act to post a bond or other form of financial guarantee, in an amount to be determined by the Secretary to be sufficient to cover any unpaid fees, the cost of removing an offshore aquaculture facility at the expiration or termination of offshore aquaculture operations, and other financial risks as identified by the Secretary.
7.Sustainable offshore aquaculture research program
(a)PurposeThe purpose of this section is to establish a research program to—
(1)inform how offshore aquaculture permitting and regulation can adopt a precautionary approach to industry expansion to ensure ecological sustainability and compatibility with healthy, functional ecosystems and fisheries; and
(2)develop cost-effective solutions to environmental and socioeconomic impacts of offshore aquaculture.
(b)Establishment of programThe Secretary, in consultation with other Federal agencies, coastal States, Regional Fishery Management Councils, academic institutions, and other interested stakeholders, shall establish and conduct a research program to guide the sustainable development of offshore aquaculture.
(c)Topics of programThe Secretary, through the research program, shall—
(1)identify environmental factors, aquaculture technologies, and practices that address the permit terms and conditions required under section 5(j);
(2)assess and mitigate the cumulative impacts of multiple offshore aquaculture facilities;
(3)analyze potential socioeconomic impacts of offshore aquaculture on fisheries and communities that are dependent on such fisheries;
(4)evaluate financial, public policy, and market incentives for sustainable development of offshore aquaculture; and
(5)conduct or support research on other topics as considered appropriate by the Secretary to achieve the purpose of this section.
(d)Grant program
(1)In generalThe Secretary, subject to the availability of appropriations, shall establish a competitive, peer-reviewed grant program to support research related to the topics of the program under subsection (c).
(2)EligibilityThe Secretary, in consultation with the Offshore Aquaculture Advisory Board established under section 3, shall establish criteria for determining persons who are eligible for grants under this section.
(e)Transparency; use of resultsThe Secretary, in consultation with the Advisory Board, shall—
(1)issue rules for the grant program under subsection (d) that enable the public to understand the administration of the grant program, including the process for application, submission of materials, and awarding of grants;
(2)utilize and regularly incorporate the information gathered from the research program to guide Federal permitting and rulemaking decisions relating to offshore aquaculture, with an adaptive management approach; and
(3)make the findings of the research and development program available to the public.
(f)Coordination with other federal programsThe Secretary shall coordinate the research program with other Federal programs that provide grant funding for purposes similar to that described in this section, such as grants administered by the National Institute of Science and Technology and its Advanced Technology Program.
(g)Permit modificationThe Secretary shall revise permits to accommodate research conducted on or near offshore aquaculture facilities permitted under section 5.
8.Compatibility with other uses; State input
(a)ConsultationThe Secretary shall consult, as appropriate, with other Federal agencies and coastal States to ensure that offshore aquaculture for which permits are issued under this Act is compatible with the use of the exclusive economic zone for navigation, resource protection, recreation, fisheries, national defense (including military readiness), mineral exploration and development, and other activities.
(b)Permits for regulated species and areas
(1)In generalThe Secretary may not issue a permit under this Act authorizing a person to propagate or rear a species of a fishery for which there is in effect a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or to propagate or rear any species in an area that is within the jurisdiction of a Regional Fishery Management Council, unless all Regional Fishery Management Councils that have authority under such Act to issue such a plan for that fishery or that have jurisdiction over that area, respectively, have recommended approval of issuance of the permit.
(2)Ensuring fishing accessThe Secretary, in consultation with Regional Fishery Management Councils, shall ensure that offshore aquaculture permits under this Act do not interfere with access to commercial and recreational fish stocks.
(c)State input
(1)Notice to StateThe Secretary—
(A)shall promptly provide to a coastal State notice of the receipt by the Secretary of any application for a permit under this Act for any new offshore aquaculture facility to be located within 12 miles of the coastline of that coastal State; and
(B)shall not issue such permit before the end of the 90-day period beginning on the date the Secretary provides such notice.
(2)State opt-out
(A)Submission of listA coastal State may submit to the Secretary a list of locations, species, or categories of species (such as finfish or shellfish) for which the coastal State opposes the conduct of offshore aquaculture, by no later than 180 days after the regional programmatic environmental impact statements under section 4 are published.
(B)Subsequent submission or revisionA coastal State may submit a list under subparagraph (A), or revise or revoke such a list previously submitted, within 90 days after the review of a regional environmental impact statement under section 4(e) is published.
(C)Prohibition on permitsThe Secretary may not issue or renew any permit under this Act authorizing offshore aquaculture in any location, or of any species, or category of species, that is included in a list submitted under subparagraph (A) by the nearest coastal State with respect to that facility.
(d)Integration with other federal planningThe Secretary shall integrate the permitting of offshore aquaculture under this Act with other Federal regional marine spatial planning that has as its purpose ecosystem-based management of United States marine waters.
9.Relationship to other laws
(a)Magnuson-Stevens fishery conservation and management actNotwithstanding the definition of fishing in section 3(16) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(16)), the conduct of offshore aquaculture in accordance with permits issued under this Act shall not be considered fishing for purposes of that Act, and no Regional Fishery Management Council may issue any permit authorizing offshore aquaculture. The Secretary shall ensure that offshore aquaculture does not interfere with conservation and management measures promulgated under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(b)Actions affecting the outer continental shelf
(1)Concurrence of secretary of the interior requiredThe Secretary must obtain the concurrence of the Secretary of the Interior before issuing any permit under this Act for offshore aquaculture facilities located—
(A)on any lease, right-of-use and easements, or right-of-way authorized or permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); or
(B)within 1 mile of any other facility for which a permit has been issued, or for which a plan has been approved, under that Act.
(2)Prior consent requiredThe Secretary may not issue any permit under this Act authorizing offshore aquaculture on any lease, right-of use and easements, or right-of-way referred to in paragraph (1)(A) without the prior consent of the lessee, its designated operator, and the owner of the facility concerned.
(3)Review of lease, etc., complianceThe Secretary of the Interior shall review and approve any agreement between a lessee, designated operator, and owner of a facility described in paragraph (1) and a prospective offshore aquaculture facility operator to ensure that it is consistent with the Federal lease terms, Department of the Interior regulations, and the Secretary of the Interior’s role in the protection of the marine environment, property, or human life or health. An agreement under this subsection shall be part of the information reviewed pursuant to the Coastal Zone Management Act of 1972 review process described in paragraph (4) and shall not be subject to a separate review under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(4)Coordinated coastal zone management act of 1972 review
(A)Review if consistency determination required for permit applicationsIf the applicant for a permit under this Act for an offshore aquaculture facility that will utilize a facility described in paragraph (1) is required to submit for its offshore aquaculture permit application under this Act a consistency certification under section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) to a coastal State, the coastal State’s review under such Act and corresponding Federal regulations shall also include any modification to a lessee’s approved plan or other document for which a consistency certification would otherwise be required under applicable Federal regulations, including changes to its plan for decommissioning any facilities, resulting from or necessary for the issuance of the permit under this Act, if information related to such modifications or changes is received by the coastal State at the time the coastal State receives the offshore aquaculture permit applicant’s consistency certification. If the information related to such modifications or changes is received by the coastal State at the time the coastal State receives the offshore aquaculture permit applicant’s consistency certification, a lessee is not required to submit a separate consistency certification for any such modification or change under section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B)) and the coastal State’s concurrence or objection, or presumed concurrence, under section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) in a consistency determination for the offshore aquaculture permit, shall apply to both the offshore aquaculture permit and to any related modifications or changes to a lessee’s plan approved under the Outer Continental Shelf Lands Act.
(B)Review if state is not authorized to review permit ApplicationIf a coastal State is not authorized by section 307(c)(3)(A) of the Coastal Zone Management Act (16 U.S.C. 1456(c)(3)(A)) and corresponding Federal regulations to review an offshore aquaculture permit application submitted under this Act, then any modifications or changes to a lessee’s approved plan or other document requiring approval from the Department of the Interior, shall be subject to coastal State review pursuant to the requirements of section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B)), if a consistency certification for those modifications or changes is required under applicable Federal regulations.
(c)Coastal Zone Management Act of 1972
(1)In generalThis Act shall not affect the application of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and regulations promulgated thereunder, with respect to offshore aquaculture.
(2)Assistance to StatesThe Secretary shall provide technical and, subject to the availability of appropriations, financial assistance to States to review and, if necessary, revise their management plans under that Act to address offshore aquaculture in State and Federal marine waters.
(d)Reservation of authorities, etcNothing in this Act shall be construed to displace, supersede, or limit the jurisdiction, responsibilities, or authorities of any Federal or State agency, or Indian tribe or Alaska Native organization, under any Federal law or treaty.
10.Unlawful activitiesIt is unlawful for any person—
(1)to engage in offshore aquaculture, except in accordance with this Act and valid permits issued under this Act;
(2)to falsify any information required to be reported, communicated, or recorded pursuant to this Act or any regulation or permit issued under this Act, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;
(3)to refuse to permit an authorized officer to conduct any lawful boarding, lawful search, or lawful inspection in connection with the enforcement of this Act or any regulation or permit issued under this Act;
(4)to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any boarding, search, or inspection in connection with the enforcement of this Act or any regulation or permit issued under this Act;
(5)to resist a lawful arrest or detention for any act prohibited by this section;
(6)to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section;
(7)upon the expiration or termination of any offshore aquaculture permit under this Act for any reason, to fail to remove all structures, gear, and other property from the site, or take other measures, as prescribed by the Secretary, to restore the site;
(8)to violate any provision of this Act, any regulation promulgated under this Act, or any term or condition of any permit issued under this Act; or
(9)to attempt to commit any act described in paragraph (1), (2), (7), or (8).
11.Enforcement
(a)Duties of SecretariesThis Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating.
(b)Powers of enforcement
(1)In generalAny officer who is authorized pursuant to subsection (a) by the Secretary or the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this Act may—
(A)with or without a warrant or other process—
(i)arrest any person, if the officer has reasonable cause to believe that such person has committed or is committing an act prohibited by section 10;
(ii)board, search, or inspect any offshore aquaculture facility and any related land-based facility;
(iii)seize any offshore aquaculture facility (together with its equipment, records, furniture, appurtenances, stores, and cargo), and any vessel or vehicle, used or employed in aid of, or with respect to which it reasonably appears that such offshore aquaculture facility was used or employed in aid of, the violation of any provision of this Act or any regulation or permit issued under this Act;
(iv)seize any marine species (wherever found) retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 10; and
(v)seize any evidence related to any violation of any provision of this Act or any regulation or permit issued under this Act;
(B)execute any warrant or other process issued by any court of competent jurisdiction; and
(C)exercise any other lawful authority.
(2)Arrests, subpoenas, and warrants
(A)Arrest without warrantAny officer who is authorized pursuant to subsection (a) of this section by the Secretary or the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this Act may make an arrest without a warrant for—
(i)an offense against the United States committed in his or her presence; or
(ii)a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.
(B)Subpoenas and warrantsAny such authorized officer may execute and serve a subpoena, arrest warrant, or search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant of civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of the Act, or any regulation or permit issued under this Act.
(c)Issuance of citationsIf any officer referred to in subsection (b)(2)(A) finds that a person who is the holder of a permit under this Act is engaging in or has engaged in offshore aquaculture in violation of any provision of this Act, such officer may issue a citation to that person for purposes of subsection (d)(1).
(d)Permit suspension, modification, or revocation
(1)Repeated citationIf the Secretary finds that a person is repeatedly cited under subsection (c) with respect to offshore aquaculture under a permit, the Secretary shall immediately suspend or revoke the permit for which the citations were issued.
(2)EmergencyIf the Secretary determines that an emergency exists with respect to offshore aquaculture under a permit under this Act that poses a risk to the safety of humans, to the marine environment or marine species, or to the security of the United States, the Secretary shall immediately suspend, modify, or revoke the permit for such time as the Secretary may determine necessary to address the emergency.
(3)New informationThe Secretary may suspend, modify, or revoke a permit under this Act at any time if the Secretary determines, based on information obtained after the issuance of the permit (including information obtained under the research program under section 7), that the permit terms and conditions are no longer consistent with the terms of this Act.
(4)Opportunity to be heardThe Secretary shall afford the permit holder a prompt postsuspension, postmodification, or postrevocation opportunity to be heard regarding the suspension, modification, or revocation.
(e)Enforcement Under Magnuson-Stevens Fishery Conservation and Management ActFor purposes of sections 308, 309, and 310 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860), a violation of this Act shall be treated as a violation of section 307(1) of that Act (16 U.S.C. 1857(1)).
(f)Citizen suits
(1)In general
(A)Actions authorizedExcept as provided in paragraph (2), any person may commence a civil suit on his or her own behalf—
(i)to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the Eleventh Amendment to the Constitution), who is alleged to be in violation of any provision of this Act, permit, or regulation issued under the authority thereof; or
(ii)against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this Act that is not discretionary with the Secretary.
(B)JurisdictionThe district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation or to order the Secretary to perform such act or duty, as the case may be.
(2)Limitations
(A)Action to enjoinNo action may be commenced under paragraph (1)(A)(i)—
(i)prior to 60 days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision, permit, or regulation;
(ii)if the Secretary has commenced action to impose a penalty pursuant to the other provisions of this Act; or
(iii)if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision, permit, or regulation.
(B)Action against secretaryNo action may be commenced under paragraph (1)(A)(ii) prior to 60 days after written notice has been given to the Secretary.
(3)VenueAny suit under this subsection may be brought in the judicial district in which the violation occurs.
(4)Intervention by attorney generalIn any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right.
(5)Award of costsThe court, in issuing any final order in any suit brought pursuant to paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(6)Other rights not affectedThe injunctive relief provided by this subsection shall not restrict any right that any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency).
12.Natural resources damages assessment and liability
(a)Natural resources damages assessmentThe Secretary shall—
(1)assess natural resource damages resulting from the conduct of offshore aquaculture other than as authorized under Federal or State law; and
(2)carry out remediation of destruction or loss of, or injury to, natural resources resulting from such conduct and determined in such an assessment.
(b)Liability for damages
(1)In generalExcept as provided in paragraph (2), any person who conducts offshore aquaculture other than as authorized under Federal or State law shall be strictly liable to the United States for natural resources damages resulting from such offshore aquaculture that are assessed by the Secretary under subsection (a).
(2)LimitationA person is not liable under this section for natural resources damages if that person establishes that—
(A)the destruction or loss of, or injury to, natural resources from which such damages arose was caused solely by an act of God, an act of war, or an act of omission of a third party, and the person acted with due care;
(B)such destruction, loss, or injury was caused by an activity authorized by Federal or State law; or
(C)such destruction, loss, or injury was negligible.
13.Encouraging worldwide adherence to the aquaculture provisions of the Code of Conduct for Responsible FisheriesThe Secretary shall—
(1)urge United Nations Food and Agriculture Organization to adopt a protocol to the Code of Conduct for Responsible Fisheries elaborating the need for, and ways to achieve, net seafood production from aquaculture;
(2)work to ensure that international fisheries agreements recognize the importance of—
(A)forage fish in marine ecosystem dynamics; and
(B)fishery management that maintains the structure and function of marine food webs;
(3)use bilateral economic and scientific relationships to encourage countries to manage their domestic stocks of forage fish on an ecosystem basis; and
(4)lead an international effort for the development of a traceability system for distinguishing, identifying, and sourcing fishmeal and fish oil so that ecologically sustainable feeds are available and distinguishable to aquaculture.
14.DefinitionsIn this Act:
(1)Advisory boardThe term advisory board means the Sustainable Offshore Aquaculture Advisory Board established under section 3(b).
(2)Antifouling paintThe term antifouling paint has the meaning that term has in section 3 of the Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2402).
(3)Coastal stateThe term coastal State means—
(A)a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, or Long Island Sound; and
(B)Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, and American Samoa.
(4)CoastlineThe term coastline means the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters.
(5)DamagesThe term damages includes—
(A)compensation for—
(i)the cost of replacing, restoring, or acquiring natural resources that are equivalent to natural resources that are destroyed, lost, or injured; or
(ii)the value of natural resources that are destroyed, lost, or injured, if the natural resources cannot be restored or replaced or if the equivalent of such natural resources cannot be acquired;
(B)the cost of a natural resource damage assessment under subsection 12(a);
(C)the reasonable cost of monitoring appropriate to injured, restored, or replaced natural resources; and
(D)the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to natural resources, including storage, care, and maintenance of any marine species or other seized property.
(6)Exclusive economic zoneThe term exclusive economic zone has the meaning that term has in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(7)Fish byproductsThe term fish byproducts—
(A)except as provided in subparagraph (B), means fish parts, including skin, head, viscera, and bone that result from the processing of either fish produced by aquaculture or wild-caught fish; and
(B)does not include bycatch.
(8)Genetically modified speciesThe term genetically modified species means an organism with genetic material that has been deliberately altered using genetic engineering technologies.
(9)Habitat areas of particular concernThe term habitat area of particular concern means a habitat area that is ecologically vulnerable based on one or more of the following considerations:
(A)The importance of the ecological function provided by the habitat.
(B)The extent to which the habitat is sensitive to human-induced environmental degradation.
(C)Whether, and to what extent, development activities are, or will be, stressing the habitat type.
(D)The rarity of the habitat type.
(10)Marine protected areaThe term marine protected area means any area of the marine environment that has been reserved by Federal, State, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein.
(11)Marine reserveThe term marine reserve means a type of marine protected area where extractive uses are prohibited.
(12)Marine speciesThe term marine species means finfish, mollusks, crustaceans, marine algae, and all other forms of marine life, excluding marine mammals and birds.
(13)National marine sanctuaryThe term national marine sanctuary means any area designated as a national marine sanctuary for purposes of the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).
(14)Natural resourceThe term natural resource means land, fish, wildlife, biota, air, water, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any State or local government, or any Indian tribe.
(15)OfficeThe term Office means the Office of Sustainable Offshore Aquaculture established under section 3(a).
(16)Offshore aquacultureThe term offshore aquaculture means all activities related to—
(A)the placement of any installation, facility, or structure in the exclusive economic zone for the purposes of propagation and rearing, or attempted propagation and rearing, of marine species; and
(B)the operation of any installation, facility, or structure in the exclusive economic zone for the purposes of propagation and rearing, or attempted propagation and rearing, of marine species.
(17)Offshore aquaculture facilityThe term offshore aquaculture facility means—
(A)a structure, installation, or other complex placed, in whole or in part, for the purposes of propagation and rearing, or attempted propagation and rearing of marine species in the exclusive economic zone; and
(B)an area of the seabed or the subsoil used for such placement.
(18)Overfishing and overfishedEach of the terms overfishing and overfished has the meaning that term has in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(19)SecretaryThe term Secretary means the Secretary of Commerce.
(20)Special management zoneThe term special management zone means an area managed by a State under a special area management plan, as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).


		II
		110th CONGRESS
		2d Session
		S. 2740
		IN THE SENATE OF THE UNITED STATES

			March 11, 2008
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To modify the project area for the project for
		  navigation, Atchafalaya River, Bayous Chene, Bouef, and Black,
		  Louisiana.

		1.Modification of project area
			 for Atchafalaya River, Bayous Chene, Bouef, and Black, LouisianaThe Chief of Engineers may—
			(1)include in the project area for the project
			 for navigation, Atchafalaya River, Bayous Chene, Bouef, and Black, Louisiana,
			 authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731;
			 121 Stat. 1126) the portion, known as the Crewboat Cut, of the
			 Lower Atchafalaya River located south of the convergence of Bayou Chene into
			 the Atchafalaya River and east of the authorized part of the channel known as
			 the Horseshoe; and
			(2)carry out
			 projects for bank stabilization on the eastern shore of Crewboat Cut to prevent
			 erosion from wave action and scouring.


116 HR 510 IH: Building Rail Access for Customers and the Economy Act of 2019
U.S. House of Representatives
2019-01-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 510IN THE HOUSE OF REPRESENTATIVESJanuary 11, 2019Mr. Blumenauer (for himself and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to permanently extend the railroad track maintenance
			 credit, and for other purposes.

 1.Short titleThis Act may be cited as the Building Rail Access for Customers and the Economy Act of 2019 or the BRACE Act of 2019. 2.Railroad track maintenance credit made permanent (a)In generalSection 45G of the Internal Revenue Code of 1986 is amended by striking subsection (f).
			(b)Effective date
 (1)In generalThe amendment made by subsection (a) shall apply to expenditures paid or incurred during taxable years beginning after December 31, 2017.
 (2)Safe harbor assignmentsAssignments, including related expenditures paid or incurred, referred to in section 45G(b)(2) of the Internal Revenue Code of 1986 for taxable years ending after December 31, 2017, shall not fail to be treated as timely made if made pursuant to a written agreement entered into not later than 90 days after the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 3718
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2011
			Mr. Keating
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To prioritize certain returning workers for purposes of
		  the numerical limitation on H–2B temporary workers.

		1.Short titleThis Act may be cited as the
			 Save Our Small and Seasonal Businesses
			 Act of 2011.
		2.Prioritization of
			 certain returning workers with respect to H–2B numerical limitation
			(a)In
			 generalSection 214(g)(9)(A)
			 of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to
			 read as follows:

					(9)(A)Subject to subparagraphs (B) and (C), an
				alien who has been present in the United States as an H–2B nonimmigrant during
				any 1 of the 3 fiscal years immediately preceding the fiscal year of the
				approved start date of a petition for a nonimmigrant worker described in
				section 101(a)(15)(H)(ii)(b) shall be prioritized for purposes of the
				limitation described in paragraph (1)(B) for the fiscal year in which the
				petition is approved. Such an alien shall be considered a returning worker,
				except that this subparagraph shall not apply to an alien who has been so
				prioritized during 3 consecutive fiscal years until the alien has again been
				lawfully present in the United States as an H–2B nonimmigrant without having
				been so
				prioritized.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall take effect 180
			 days after the date of the enactment of this Act.


113 HRES 216 EH: Providing for consideration of the bill (H.R. 1062) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders.
U.S. House of Representatives
2013-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
113th CONGRESS
1st Session
H. RES. 216
In the House of Representatives, U. S.,

May 17, 2013

RESOLUTION
Providing for consideration of the bill (H.R. 1062) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1062) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113–10. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Karen L. Haas,Clerk.


115 HR 1346 RH: To repeal the rule issued by the Federal Highway Administration and the Federal Transit Administration entitled “Metropolitan Planning Organization Coordination and Planning Area Reform”.
U.S. House of Representatives
2017-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IB
		Union Calendar No. 49
		115th CONGRESS1st Session
		H. R. 1346
		[Report No. 115–85]
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2017
			Mr. Lipinski (for himself, Mr. Lewis of Minnesota, Ms. Esty, Mr. Hultgren, Ms. Norton, Mr. Rodney Davis of Illinois, Mr. Webster of Florida, Mr. Nolan, Mrs. Walorski, Mr. Costa, Mr. Chaffetz, Mr. Quigley, and Mr. Denham) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		April 6, 2017Additional sponsors: Mr. Barletta, Mr. Paulsen, Mr. Dent, Mr. Ryan of Ohio, Mr. Sires, Mr. Capuano, Mr. Ratcliffe, Mr. Trott, Mr. Mast, Ms. Schakowsky, Mrs. Bustos, Mr. Visclosky, Mr. Cartwright, Mr. Schneider, Ms. Frankel of Florida, Mr. Young of Alaska, and Mr. Emmer
			April 6, 2017
			Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

		A BILL
		To repeal the rule issued by the Federal Highway Administration and the Federal Transit
			 Administration entitled Metropolitan Planning Organization Coordination and Planning Area Reform.

 1.RepealThe rule issued by the Federal Highway Administration and the Federal Transit Administration entitled Metropolitan Planning Organization Coordination and Planning Area Reform (81 Fed. Reg. 93448 (December 20, 2016)) shall have no force or effect, and any regulation revised by that rule shall be applied as if that rule had not been issued.

		April 6, 2017
		Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


113 S900 IS: Small Business Payroll Protection Act of 2013
U.S. Senate
2013-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 900
		IN THE SENATE OF THE UNITED STATES

			May 8, 2013
			Ms. Mikulski introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to regulate
		  payroll tax deposit agents, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Small Business Payroll Protection Act
			 of 2013.
		2.Regulation of payroll
			 tax deposit agents
			(a)In
			 generalChapter 77 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new section:

					7529.Payroll tax
				deposit agents
						(a)Registration
							(1)In
				generalThe Secretary shall establish a system to require the
				initial registration and the annual renewal of the registration of persons
				seeking to act as payroll tax deposit agents authorized to make Federal
				employment tax deposits on behalf of employer taxpayers. Such system shall
				also—
								(A)establish a
				registration and renewal fee for each payroll tax deposit agent in an amount
				not to exceed $100,
								(B)provide the
				payroll tax deposit agent the option of either submitting a bond as specified
				in subsection (b) or submitting to a quarterly certification as specified in
				subsection (c),
								(C)require such
				disclosures as are specified in subsection (d), and
								(D)provide penalties
				for unregistered persons acting as payroll tax deposit agents with respect to
				Federal tax deposits and for payroll tax deposit agents who fail to furnish
				such disclosures as are specified in subsection (d), in an amount not to exceed
				$10,000 for each 90 days of noncompliance.
								(2)Definition of
				payroll tax deposit agentFor purposes of this section, the term
				payroll tax deposit agent means any person which provides payroll
				processing or tax filing and deposit services to 1 or more employers (other
				than an employer acting on its own behalf) if such person has the contractual
				authority to access such employer’s funds for the purpose of making employment
				tax deposits. Such term shall not include any person which only transfers such
				funds to the appropriate government authority (regardless if such person has
				the authority to determine the amount of such transfer) and does not otherwise
				have the authority to access such funds.
							(3)Employment
				taxFor purposes of this section, the term employment
				tax includes unemployment insurance contributions.
							(b)Bonding
							(1)In
				generalIf a payroll tax deposit agent elects to submit a bond
				under subsection (a)(1)(B), the amount of such bond shall be not less than
				$50,000 nor more than $500,000, and shall be determined with respect to each
				payroll tax deposit agent under regulations prescribed by the Secretary.
							(2)SuretyAny
				bond or security furnished pursuant to this section shall be in such form and
				with such surety or sureties as may be prescribed by regulations issued
				pursuant to section 7101.
							(3)Evidence of
				bondEvidence of such bond shall be filed with the Secretary with
				the initial registration and each annual renewal of the registration of persons
				licensed to act as payroll tax deposit agents.
							(c)Quarterly
				certificationsIf a payroll tax deposit agent elects to submit to
				a quarterly certification under subsection (a)(1)(B), such certification shall
				be performed by an independent third party who is qualified to perform such
				certifications under targeted criteria established by the Secretary, at the
				direction of the Secretary, and shall be based on the following narrowly
				targeted principles—
							(1)that the escrow
				account of the payroll tax deposit agent in which such agent holds its
				employers’ taxes is balanced to the total of quarterly reconciliation
				statements (i.e., Internal Revenue Service Forms 941 and State equivalents),
				and any liabilities collected but not yet deposited with the respective
				government authority,
							(2)that the escrow
				account funds of the payroll tax deposit agent are not commingled with such
				agent's operating funds,
							(3)that there is no
				evidence that the payroll tax deposit agent used any of the funds in such
				agent's escrow account to pay such agent's operating costs, and
							(4)that there is
				adequate receipt evidence that such agent paid the required employment taxes on
				behalf of the employers to the proper government employment tax
				authority.
							A copy of
				each completed quarterly certification report shall be filed quarterly with the
				Secretary and no payroll tax deposit agent shall obtain its annual renewal of
				the registration of persons licensed to act as payroll tax deposit agents
				unless all such copies have been filed.(d)DisclosureThe
				Secretary shall require payroll tax deposit agents to disclose to each client
				prior to or at the time of contracting for payroll services, and to each
				existing client at least quarterly—
							(1)the client’s
				continuing liability for payment of all Federal and State employment taxes
				notwithstanding any contractual relationship with a payroll tax deposit
				agent,
							(2)the mechanisms
				available to the client to verify the amount and date of payment of all tax
				deposits made by the payroll tax deposit agent on behalf of such client,
				including the Internet address and telephone number of each Federal and State
				employment tax authority related to such deposits, and
							(3)such other
				information that the Secretary determines is necessary or appropriate to assist
				employers in the selection and use of payroll tax deposit agents.
							(e)Tax deposits
				and returnsOnly persons registered under this section
				may—
							(1)make Federal tax
				deposits on behalf of an employer,
							(2)sign and file
				Federal employment tax returns on behalf of a taxpayer, and
							(3)have access to
				confidential tax information relating to such employer.
							(f)RegulationsThe
				Secretary shall prescribe such regulations as may be necessary to carry out the
				provisions of this
				section.
						.
			(b)Quarterly
			 certification criteriaIn establishing the criteria for the
			 quarterly certification required under section 7529(c) of the Internal Revenue
			 Code of 1986, as added by subsection (a), the Secretary of the Treasury shall
			 ensure, to the extent practicable, that the burden of the certification process
			 on the payroll tax deposit agent is minimized.
			(c)Payroll tax
			 deposit agents subject to penalty for failure To collect and pay over tax, or
			 attempt To evade or defeat tax
				(1)In
			 generalSection 6672(a) of the Internal Revenue Code of 1986 is
			 amended by inserting , including any payroll tax deposit agent (as
			 defined in section 7529(a)(2)) who has assumed the obligation to pay over any
			 tax by contract with a taxpayer (but only to the extent that such payroll tax
			 deposit agent has received irrevocable payment of funds for the corresponding
			 tax liabilities from such taxpayer), after imposed by this
			 title.
				(2)Penalty not
			 subject to discharge in bankruptcySection 6672(a) is further
			 amended by adding at the end the following new sentence: “Notwithstanding any
			 other provision of law, no penalty imposed under this section may be discharged
			 in bankruptcy.”.
				(3)Conforming
			 amendmentSection 6672(b)(1) of the Internal Revenue Code of 1986
			 is amended by striking the word taxpayer and inserting the word
			 person each time it appears.
				(4)ConstructionThe
			 amendment made by paragraph (1) shall not be construed to create any inference
			 with respect to the interpretation of section 6672 of the Internal Revenue Code
			 of 1986 as such section was in effect on the day before the date of the
			 enactment of this Act.
				(d)Clerical
			 amendmentThe table of sections for such chapter 77 is amended by
			 adding at the end the following new item:

						Sec. 7529. Payroll tax deposit
				agents.

					.
			(e)Effective
			 dates
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall take effect on the date of the enactment of this
			 Act.
				(2)PenaltyThe
			 amendments made by subsection (c) shall apply to failures occurring after the
			 date of the enactment of this Act.
				3.Verification of
			 address change
			(a)In
			 generalChapter 25 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new section:

					3511.Verification
				of address changeThe
				Secretary shall issue a notice of confirmation of any address change relating
				to an employer making tax payments under this subtitle, and such notice shall
				be sent to both the employer's former and new
				address.
					.
			(b)Clerical
			 amendmentThe table of sections for such chapter 25 is amended by
			 adding at the end the following new item:

						Sec. 3511. Verification of address
				change.

					.
			(c)Effective
			 dateThe amendments made by this section shall take effect on the
			 date that is 180 days after the date of the enactment of this Act.
			4.Offer-in-Compromise
			 requests by victims of fraudSection 7122(d)(3) of the Internal Revenue
			 Code of 1986 is amended—
			(1)in subparagraph
			 (B)(ii), by striking and at the end,
			(2)in subparagraph
			 (C), by striking the period at the end and inserting , and,
			 and
			(3)by adding at the
			 end the following new subparagraph:

					(D)an officer of
				employee of the Internal Revenue Service shall give special consideration to an
				offer-in-compromise from a taxpayer who has been the victim of
				fraud.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 862
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2011
			Mr. Murphy of
			 Connecticut (for himself and Mr.
			 Weiner) introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To apply to the justices of the Supreme Court the Code of
		  Conduct for United States Judges, to establish certain procedures with respect
		  to the recusal of justices, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Supreme Court Transparency and
			 Disclosure Act of 2011.
		2.Code of
			 Conduct
			(a)ApplicabilityThe Code of Conduct for United States
			 Judges adopted by the Judicial Conference of the United States shall apply to
			 the justices of the United States Supreme Court to the same extent as such Code
			 applies to circuit and district judges.
			(b)EnforcementThe
			 Judicial Conference shall establish procedures, modeled after the procedures
			 set forth in chapter 16 of title 28, United States Code, under which—
				(1)complaints
			 alleging that a justice of the Supreme Court has violated the Code of Conduct
			 referred to in subsection (a) may be filed with or identified by the
			 Conference;
				(2)such complaints
			 are reviewed and investigated by the Conference; and
				(3)further action, where appropriate, is taken
			 by the Conference, with respect to such complaints.
				(c)Submission to
			 Congress; effective date
				(1)Submission to
			 congressThe Judicial Conference shall, not later than the 180th
			 day after the date of the enactment of this Act, submit to Congress the
			 procedures established under subsection (b).
				(2)Effective
			 dateSuch procedures shall take effect upon the expiration of the
			 270-day period beginning on the date of the enactment of this Act.
				3.Recusal of
			 justices
			(a)Disclosures by
			 justices
				(1)Self
			 disqualificationIn any case in which a justice of the Supreme
			 Court disqualifies himself or herself in a proceeding under section 455 of
			 title 28, United States Code, the justice shall disclose in the public record
			 of the proceeding the reasons for the disqualification.
				(2)Denial of
			 disqualification motionIf a justice of the Supreme Court denies
			 a motion brought by a party to a proceeding before the Court that the justice
			 should be disqualified in the proceeding under section 455 of such title, the
			 justice shall disclose in the public record of the proceeding the reasons for
			 the denial of the motion.
				(b)Process for
			 determining recusalThe
			 Judicial Conference of the United States shall establish a process under which,
			 if a disqualification motion has been denied as described in subsection (a)(2)
			 and the party making the motion seeks further review of the motion, other
			 justices or judges of a court of the United States (as defined in section 451
			 of title 28, United States Code), among whom retired justices and senior judges
			 eligible for assignment under section 294 of title 28, United States Code, may
			 be included, shall decide whether the justice with respect to whom the motion
			 is made should be so disqualified.
			(c)Submission to
			 Congress; effective date
				(1)Submission to
			 congressThe Judicial Conference shall, not later than the 180th
			 day after the date of the enactment of this Act, submit to Congress the process
			 established under subsection (b).
				(2)Effective
			 dateSuch process shall take effect upon the expiration of the
			 270-day period beginning on the date of the enactment of this Act.


		One Hundred Eleventh Congress of the United
		  States of America
		2d SessionBegun and held at the City of Washington on Tuesday, the fifth
		day of January, two thousand and ten
		S. CON. RES. 72
		IN THE SENATE OF THE UNITED
		  STATES

			December 15, 2010
			Agreed
			 to

		CONCURRENT RESOLUTION
		Recognizing the 45th anniversary of the
		  White House Fellows Program.

		Whereas
			 in 1964, John W. Gardner presented the idea of selecting a handful of
			 outstanding men and women to travel to Washington, DC, to participate in a
			 fellowship program that would educate such men and women about the workings of
			 the highest levels of the Federal Government and about leadership, as they
			 observed Federal officials in action and met with these officials and other
			 leaders of society, thereby strengthening the abilities of such individuals to
			 contribute to their communities, their professions, and the United
			 States;
		Whereas
			 President Lyndon B. Johnson established the President’s Commission on White
			 House Fellowships, through Executive Order 11183 (as amended), to create a
			 program that would select between 11 and 19 outstanding young citizens of the
			 United States every year and bring them to Washington, DC, for first
			 hand, high-level experience in the workings of the Federal Government, to
			 establish an era when the young men and women of America and their government
			 belonged to each other—belonged to each other in fact and in
			 spirit;
		Whereas
			 the White House Fellows Program has steadfastly remained a nonpartisan program
			 that has served 9 Presidents exceptionally well;
		Whereas
			 the 672 White House Fellows who have served have established a legacy of
			 leadership in every aspect of our society, including appointments as cabinet
			 officers, ambassadors, special envoys, deputy and assistant secretaries of
			 departments and senior White House staff, election to the House of
			 Representatives, Senate, and State and local governments, appointments to the
			 Federal, State, and local judiciary, appointments as United States Attorneys,
			 leadership in many of the largest corporations and law firms in the United
			 States, service as presidents of colleges and universities, deans of our most
			 distinguished graduate schools, officials in nonprofit organizations,
			 distinguished scholars and historians, and service as senior leaders in every
			 branch of the United States Armed Forces;
		Whereas
			 this legacy of leadership is a resource that has been relied upon by the Nation
			 during major challenges, including organizing resettlement operations following
			 the Vietnam War, assisting with the national response to terrorist attacks,
			 managing the aftermath of natural disasters such as Hurricanes Katrina and
			 Rita, providing support to earthquake victims in Haiti, performing military
			 service in Iraq and Afghanistan, and reforming and innovating the national and
			 international securities and capital markets;
		Whereas
			 the 672 White House Fellows have characterized their post-Fellowship years with
			 a lifetime commitment to public service, including creating a White House
			 Fellows Community of Mutual Support for leadership at every level of government
			 and in every element of our national life; and
		Whereas
			 September 1, 2010, marked the 45th anniversary of the first class of White
			 House Fellows to serve this Nation: Now, therefore, be it

		That Congress—
			(1)recognizes the 45th anniversary of the
			 White House Fellows program and commends the White House Fellows for their
			 continuing lifetime commitment to public service;
			(2)acknowledges the legacy of leadership
			 provided by White House Fellows over the years in their local communities, the
			 Nation, and the world; and
			(3)expresses appreciation and support for the
			 continuing leadership of White House Fellows in all aspects of our national
			 life in the years ahead.

			Secretary of the Senate

			Clerk of the House of Representatives