115 S74 IS: Marine Oil Spill Prevention Act
U.S. Senate
2017-01-09
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.

II115th CONGRESS1st SessionS. 74IN THE SENATE OF THE UNITED STATESJanuary 9, 2017Mr. Nelson introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and
			 coastal States to sustain healthy ocean and coastal ecosystems by
			 maintaining and sustaining their capabilities relating to oil spill
			 preparedness, prevention, response, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Marine Oil Spill Prevention Act. (b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.
					TITLE I—Improving marine oil spill prevention capabilities
					Sec. 101. Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and
			 Department of the Interior on oil spill matters.
					Sec. 102. Strengthening coastal State oil spill planning and response.
					Sec. 103. Moratorium on commercial industrial activity in certain areas of Gulf of Mexico.
					Sec. 104. Coast Guard inspections.
					Sec. 105. Navigational measures for protection of natural resources.
					Sec. 106. Gulf of Mexico Regional Citizens’ Advisory Council.
					Sec. 107. Vessel as responsible party.
					Sec. 108. Transportation and commerce aspects of outer continental shelf lands.
					TITLE II—Improving marine oil spill preparedness
					Sec. 201. Improvements to National Oceanic and Atmospheric Administration oil spill response,
			 containment, and prevention.
					Sec. 202. Coast Guard response plan requirements.
					Sec. 203. Oil spill technology evaluation.
					Sec. 204. Safety management system requirements for mobile offshore drilling units.
					Sec. 205. Gulf of Mexico long-term marine environmental monitoring and research program.
					Sec. 206. Use of oil spill liability trust fund for expenses of National Oceanic and Atmospheric
			 Administration.
					Sec. 207. Notice to States of bulk oil transfers.
					Sec. 208. Coast Guard research and development.
					TITLE III—Improving marine oil spill response capabilities
					Sec. 301. Prompt publication of oil spill information.
					Sec. 302. Coordination of Federal, State, and local activities with respect to oil spill surveys.

			IImproving marine oil spill prevention capabilities
			101.Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and Department
			 of the Interior on oil spill matters
 (a)Outer Continental Shelf Leasing ProgramSection 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended— (1)in subsection (c)—
 (A)in paragraph (1), by striking from any interested Federal agency, including the Attorney General and inserting from the head of any interested Federal department or agency, including the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, and the Attorney General; and
 (B)in paragraph (3), by striking Within nine months after the date of enactment of this section the Secretary shall submit a proposed leasing program to the Congress, the Attorney General, and inserting The Secretary shall submit any proposed leasing program to the Congress, the head of each interested Federal department or agency described in paragraph (1), the Attorney General,;
 (2)in subsection (d)— (A)in paragraph (1), by striking proposed leasing program, in the first sentence and all that follows through the end of the paragraph and inserting

 proposed leasing program—(A)the Attorney General, after consultation with the Federal Trade Commission, may submit comments on the anticipated effects of the proposed program on competition;
 (B)the Secretary of Commerce may submit comments on the anticipated effects of the proposed program on the human, marine, and coastal environments, including the likelihood of occurrence and potential severity of spills and chronic pollution;
 (C)the Secretary of the department in which the Coast Guard is operating may submit comments on the adequacy of the response capabilities of the Federal Government for spills and chronic pollution that may occur as a result of the proposed program; and
 (D)any State, local government, or other person may submit comments and recommendations as to any aspect of the proposed program.;
 (B)in paragraph (2), by striking Attorney General and inserting Attorney General, the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating,; and
 (C)in paragraph (3), by striking or after eighteen months following the date of enactment of this section, whichever first occurs,; (3)in subsection (e), by striking He and inserting The Secretary; and
 (4)in subsection (h)— (A)by striking nonpriviledged and inserting nonprivileged;
 (B)by striking he requests to assist him and inserting the Secretary request to assist the Secretary; and (C)by striking he requests to assist him and inserting the Secretary requests to assist the Secretary.
 (b)Environmental studiesSection 20(f) of the Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) is amended— (1)by striking In executing his and inserting (1) In general.—In executing the and indenting accordingly; and
 (2)by adding at the end the following:  (2)National Oceanic and Atmospheric Administration (A)In generalIn addition to any other requirement under law, the Secretary, prior to the approval of any program, lease, exploration plan, or development and production plan, shall consult with the Administrator of the National Oceanic and Atmospheric Administration (referred to in this paragraph as the Administrator) on any reasonably foreseeable adverse effects of the proposed action, including oil spills, to ocean and coastal resources.
								(B)Initiation of consultation
 (i)In generalThe Secretary shall consult the Administrator under subparagraph (A) as soon as practicable, but not later than 90 days before the date of approval of the proposed action.
 (ii)Provision of informationWhen consulting the Administrator under subparagraph (A), the Secretary shall provide to the Administrator—
 (I)information describing the nature, location, and duration of the proposed action; and
 (II)a description of all reasonably foreseeable adverse effects to ocean and coastal resources.
										(C)Alternatives
 (i)In generalAt any time prior to the date that is 45 days before the approval of the proposed action, the Administrator may recommend to the Secretary alternatives to any proposed action, including measures that will prevent or minimize reasonably foreseeable adverse effects to ocean and coastal resources.
 (ii)Secretarial actionThe Secretary shall incorporate into the approval for the proposed action any alternative or mitigation measure recommended under clause (i), unless the Secretary—
 (I)determines that the alternative or mitigation measure is not necessary to prevent or minimize reasonably foreseeable adverse effects to marine and coastal resources; and
 (II)notifies the Administrator in writing of the reasons for the determination under subclause (I).. 102.Strengthening coastal State oil spill planning and responseThe Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

					320.Strengthening coastal State oil spill response and planning
 (a)Grants to coastal StatesThe Secretary may make grants to eligible coastal States— (1)to revise management programs approved under section 306 and National Estuarine Research Reserves approved under section 315 to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the State level to address the environmental, economic, and social impacts of oil spills or other accidents resulting from Outer Continental Shelf energy activities with the potential to affect land or water use or natural resources of the coastal zone; and
 (2)to review and revise as necessary applicable enforceable policies within approved coastal State management programs affecting coastal energy exploration or development activities, including geological and geophysical activities, to ensure that these policies are consistent with—
 (A)other emergency response plans and policies developed under Federal or State law to address the impacts and accidents described in paragraph (1); and
 (B)the new policies and procedures developed under paragraph (1). (b)ElementsIn developing new enforceable policies and procedures with grants under subsection (a), an eligible coastal State shall consider—
 (1)other existing emergency response plans and policies developed under other Federal or State law, to address the impacts and accidents described in paragraph (1), that affect the coastal zone;
 (2)the identification of critical infrastructure essential to facilitate oil spill or accident response activities;
 (3)the identification of coordination, logistics and communication networks between Federal and State government agencies, and between State agencies and affected local communities, to ensure the efficient and timely dissemination of data and other information;
 (4)the inventories of shore locations and infrastructure and equipment necessary to respond to, or monitor environmental impacts of, oil spills or other accidents resulting from Outer Continental Shelf energy activities;
 (5)the identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, economic, or aesthetic values;
 (6)the inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development;
 (7)the observing capabilities necessary to assess ocean conditions before, during, and after an oil spill or other adverse incident resulting from Outer Continental Shelf energy activities; and
 (8)other information or actions as may be necessary to address the environmental, economic, and social impacts of oil spills or other adverse incidents resulting from Outer Continental Shelf energy activities.
 (c)GuidelinesNot later than 180 days after the date of enactment of the Marine Oil Spill Prevention Act, the Secretary, after consultation with the coastal States, shall publish guidelines for the application for and use of grants under this section.
 (d)ParticipationAn eligible coastal State shall develop new enforceable policies and procedures under this section in accordance with section 306(d)(1) and amend or modify any new enforceable policies or procedures in accordance with section 306(e).
						(e)Annual grants
 (1)In generalFor each of fiscal years 2018 through 2022, the Secretary may make a grant to a coastal State to develop new enforceable policies and procedures under this section.
 (2)Grant amounts and limit on awardsThe amount of any grant to any 1 coastal State under this section shall not exceed $750,000 for any fiscal year.
 (3)No State matching contribution requiredA coastal State shall not be required to contribute any portion of the cost of a grant awarded under this section.
 (4)Transfer of fundsA coastal State that receives a grant under this section may transfer grant funds to an appropriate agency of the coastal State.
 (5)Secretarial review and limit on awardsAfter an initial grant is made to a coastal State under this section, no subsequent grant may be made to that coastal State under this section unless the Secretary finds that the coastal State is satisfactorily developing revisions to address the impacts and accidents described in subsection (a)(1). No coastal State is eligible to receive grants under this section for more than 2 fiscal years.
 (f)ApplicabilityThe requirements of this section shall only apply if appropriations are provided to the Secretary to make grants under this section.
 (g)Rule of constructionNothing in this section may be construed to convey any new authority to any coastal State, or repeal or supersede any existing authority of any coastal State, to regulate the siting, licensing, leasing, or permitting of alternative energy facilities in areas of the Outer Continental Shelf under the administration of the Federal Government. Nothing in this section repeals or supersedes any existing coastal State authority.
 (h)Assistance by the SecretaryThe Secretary, as authorized under section 310(a) and to the extent practicable, shall make available to coastal States the resources and capabilities of the National Oceanic and Atmospheric Administration to provide technical assistance to the coastal States to prepare revisions to approved management programs to meet the requirements under this section..
 103.Moratorium on commercial industrial activity in certain areas of Gulf of MexicoSection 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended by striking June 30, 2022 and inserting June 30, 2027.
			104.Coast Guard inspections
 (a)In generalThe Secretary of the department in which the Coast Guard is operating shall increase the frequency and comprehensiveness of safety inspections of all United States and foreign-flag tank vessels that enter a United States port or place, including increasing the frequency and comprehensiveness of inspections of vessel age, hull configuration, and past violations of any applicable discharge and safety regulations under United States and international law that may indicate that the class societies inspecting such vessels may be substandard, and other factors relevant to the potential risk of an oil spill.
 (b)Enhanced Verification of Structural ConditionThe Secretary of the department in which the Coast Guard is operating shall adopt, as part of the Secretary's inspection requirements for tank vessels, additional procedures for enhancing the verification of the reported structural condition of such vessels, taking into account the Condition Assessment Scheme adopted by the International Maritime Organization by Resolution 94(46) on April 27, 2001, as amended and consolidated.
				105.Navigational measures for protection of natural resources
				(a)Designation of at-Risk areas
 (1)In generalThe Commandant of the Coast Guard, in consultation the Under Secretary for Oceans and Atmosphere, shall identify areas in waters subject to the jurisdiction of the United States, including the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)), in which routing or other navigational measures are warranted to reduce the risk of oil spills and potential damage to natural resources.
 (2)ConsiderationsIn identifying the areas described in paragraph (1), the Commandant shall give priority consideration to natural resources of particular ecological importance or economic importance, including—
 (A)commercial fisheries; (B)aquaculture facilities;
 (C)marine sanctuaries designated by the Secretary of Commerce under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.);
 (D)estuaries of national significance designated under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330);
 (E)critical habitat, as defined in section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5));
 (F)estuarine research reserves within the National Estuarine Research Reserve System established by section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461); and
 (G)national parks and national seashores administered by the National Park Service under the National Park Service Organic Act (16 U.S.C. 1 et seq.).
 (b)Factors consideredIn determining whether navigational measures are warranted for an area identified under subsection (a), the Commandant and the Under Secretary for Oceans and Atmosphere shall consider, at a minimum—
 (1)the frequency of transits of vessels which are required to prepare a response plan under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j));
 (2)the type and quantity of oil transported as cargo or fuel; (3)the expected benefits of routing measures in reducing risks of spills;
 (4)the costs of such measures; (5)the safety implications of such measures; and
 (6)the nature and value of the resources to be protected by such measures. (c)Establishment of routing and other navigational measuresThe Commandant shall establish such routing or other navigational measures for areas identified under subsection (a).
 (d)Establishment of areas To be avoidedTo the extent that the Commandant and the Under Secretary for Oceans and Atmosphere identify areas in which navigational measures are warranted for an area under subsection (a), the Secretary of Commerce and the Under Secretary shall seek to establish such areas through the International Maritime Organization or establish comparable areas pursuant to regulations and in a manner that is consistent with international law.
				(e)Oil shipment data and report
 (1)Data collectionThe Commandant of the Coast Guard, in consultation with the Chief of Engineers, shall analyze data on oil transported as cargo on vessels in the navigable waters of the United States, including information on—
 (A)the quantity and type of oil being transported; (B)the vessels used for such transportation;
 (C)the frequency with which each type of oil is being transported; and (D)the point of origin, transit route, and destination of each such shipment of oil.
						(2)Quarterly report
 (A)Requirement for quarterly reportThe Secretary of Commerce, not less frequently than once each calendar quarter, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the data collected and analyzed under paragraph (1).
 (B)FormatEach report submitted under subparagraph (A) shall be submitted in a format that does not disclose information exempted from disclosure.
						106.Gulf of Mexico Regional Citizens’ Advisory Council
 (a)In generalSubtitle A of title IV of the Oil Pollution Act of 1990 is amended by inserting after section 4118 (33 U.S.C. 1203 note) the following:

						4119.Gulf Coast Regional Citizens’
Advisory Council
 (a)EstablishmentThere is established a Gulf Coast Regional Citizens’ Advisory Council. (b)MembershipThe Council shall be composed of voting members and nonvoting members, as follows:
 (1)Voting membersEach of the Gulf Coast States shall be represented by 5 members on the Council who shall be residents of, and appointed from and by the following interests in, the State they represent, such that each interest in each State is represented by a voting member:
 (A)Commercial fin fish and shellfish industry organizations, the members of which depend on the marine fisheries resources of the State.
 (B)Recreational fishing industry organizations, the members of which depend on the marine fisheries resources of the State.
 (C)Restaurant, hotel, and tourism industry organizations, the members of which depend upon the beaches, dunes, barrier islands, wetlands, estuaries, bayous, sounds, bays, lagoons, reefs, fish, wildlife, or other coastal resources of the State.
 (D)Marine and coastal conservation organizations, members of which reside in the State. (E)Counties or parishes, and incorporated and unincorporated municipalities of the State.
 (2)Nonvoting membersOne ex officio, nonvoting representative shall be designated by, and represent, each of the following on the Council:
 (A)The Coast Guard. (B)The Environmental Protection Agency.
 (C)The National Oceanic and Atmospheric Administration. (D)The Department of the Interior, Bureau of Safety and Environmental Enforcement.
 (E)The Department of Transportation, Office of Pipeline Safety. (F)The lead maritime environmental and natural resources management and enforcement agency of each of the Gulf Coast States.
 (G)The maritime or shipping industry. (H)The energy industry.
 (3)Geographic balanceVoting and nonvoting members shall be drawn equally from the States represented on the Council. (c)Initial formationNot later than 90 days after the date of enactment of the Marine Oil Spill Prevention Act, the Secretary of the department in which the Coast Guard is operating shall appoint the initial voting members of the Council and call the first meeting of the Council.
							(d)Terms
 (1)Duration of the CouncilThe duration of the Council shall be throughout the lifetime of energy exploration, development, production, transportation, and facility removal activities in one or more of the Gulf Coast States, and throughout the lifetime of such activities in the Gulf of Mexico.
								(2)Terms of voting members
 (A)In generalThe voting members of the Council shall be appointed for a term of 3 years, except as provided in subparagraph (B).
 (B)Terms of initial appointeesThe terms of service of voting members initially appointed by the Secretary of the department in which the Coast Guard is operating shall be established by a drawing of lots, under which—
 (i)9 of the voting members shall serve for 3 years; (ii)9 of the voting members shall serve for 2 years; and
 (iii)7 of the voting members shall serve for 1 year. (e)Governance (1)In generalThe Council shall elect a chairperson, select staff, and make policies with regard to internal operating procedures.
 (2)Self-governingAfter the initial organizational meeting called by the Secretary of the department in which the Coast Guard is operating, the Council shall be self-governing and shall hold meetings thereafter at least once each year.
 (3)TransparencyThe Council shall— (A)conduct the operations of the Council in public, to the maximum extent practicable;
 (B)make all work product adopted by the Council available to the public; (C)hold at least 1 meeting each year that is open to the public, and for each such meeting provide notice to the public at least 30 days prior to such meeting; and
 (D)maintain a freely accessible website on which it shall make available to the public, at a minimum— (i)recommendations made by the Council, together with information as to whether or not the recommendations were adopted and, if not, an explanation of why they were not adopted;
 (ii)a description of matters currently under review by the Council, without disclosing any private, confidential, or privileged information consistent with applicable law;
 (iii)a statement of industry standards; and (iv)an interactive component through which the general public may submit questions and comments and report matters of interest.
 (4)Conflicts of interestAn individual selected as a voting member of the Council may not engage in any activity that may conflict with the execution of the functions or duties of the individual as a Council member.
								(f)Duties
 (1)In generalThe Council shall, with regard to the activities, operation, and maintenance of facilities and tank vessels in the Gulf Coast States and the Gulf of Mexico—
 (A)provide advice and recommendations to covered persons, relevant Federal agencies, and Gulf Coast States regarding applicable policies, permits, operations, and regulations;
 (B)monitor impacts on marine and coastal ecosystems; (C)monitor relevant oil spill prevention and response plans, including plans relating to blowout prevention and response; and
 (D)recommend standards and conditions for regulations intended to ensure safety of life and property and minimize negative impacts on marine and coastal ecosystems.
 (2)Geographic scopeThe Council shall carry out the duties described in paragraph (1) in a manner that, to the extent practicable, covers all activities, operation, and maintenance of facilities and tank vessels occurring in Gulf Coast States and the Gulf of Mexico.
 (g)EstoppelThe Council is not liable under Federal or State law for costs or damages resulting from the discharge of its duties. No advice given by a voting member of the Council, or by a program representative or agent, shall be grounds for estopping the interests represented by voting Council members from seeking damages or other appropriate relief.
 (h)Scientific workIn carrying out its duties, the Council— (1)may conduct applicable scientific research; and
 (2)shall review applicable scientific work undertaken by or on behalf of the energy industry, conservation organizations, or government agencies.
 (i)Standing committeesThe Council may create standing committees as necessary to carry out the duties described in subsection (f), including—
 (1)a scientific and technical committee; (2)an environmental monitoring committee;
 (3)an oil spill prevention and response committee; (4)an offshore monitoring committee to monitor activities in waters of the Gulf of Mexico that are more than 500 feet in depth; and
 (5)a coastal monitoring committee to monitor activities on the coast of the Gulf of Mexico and in waters of the Gulf of Mexico that are 500 feet or less in depth.
								(j)Agency cooperation
 (1)InformationThe Council may request directly from any Federal agency, and upon such request each Federal agency shall furnish to the Council to the extent authorized by law, information, suggestions, estimates, and statistics, for the purpose of fulfilling its duties under subsection (f).
								(2)Consultation
 (A)In generalNot later than 180 days after the date of enactment of the Marine Oil Spill Prevention Act, each Federal agency, with respect to all permits, site-specific regulations, and other matters governing the activities and actions within the purview of the Council, shall consult with the Council prior to taking substantive action with respect to such matters.
 (B)ReviewFederal agency consultations required by this paragraph shall be carried out in a manner that enables the Council to review the permit, site-specific regulation, or other matter at issue and make appropriate recommendations consistent with its duties.
 (C)EmergenciesNo consultation shall be required under this paragraph if an authorized representative of a Federal agency reasonably believes that an emergency exists requiring action without delay.
									(k)Recommendations of the Council
 (1)In generalAll recommendations of the Council shall be advisory only. (2)Response to recommendationsIf a covered person decides not to adopt, or decides to adopt with substantial modification, a recommendation of the Council, then the covered person shall provide to the Council, not later than 10 days after the date of such decision, written notice of the decision and a written explanation of the reason or reasons for the decision.
								(l)Location and compensation
 (1)LocationThe Council shall establish offices in one or more of the Gulf Coast States, as the Council determines to be necessary and appropriate to the execution of its duties.
 (2)CompensationA member of the Council may not be compensated for service on the Council, but shall be allowed travel expenses, including per diem, at a rate established by the Council, which may not exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code, except by express authorization of the Council in a case in which the rates are inadequate to reimburse a member not eligible for travel rates of the Federal Government.
								(m)Funding
 (1)RequirementApproval of the contingency plans required of covered persons under this Act shall be effective only so long as the Council is funded under paragraph (2).
 (2)Contributions by covered personsCovered persons shall provide, on an annual basis, an aggregate amount of not more than $10,000,000, as determined by the Secretary of the department in which the Coast Guard is operating, that shall provide for the establishment and ongoing operation of the Council, and shall be adjusted annually to reflect changes in the Consumer Price Index in the Gulf Coast States.
								(n)Independent audits; reports
 (1)Annual auditsThe Council shall commission an annual independent financial statement audit by an independent accounting firm and publish the results in a publicly available annual report.
 (2)Biennial Council reportNot later than 2 years after the date of establishment of the Council, and biennially thereafter, the Council shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
 (A)the significant achievements of the Council with respect to its duties; (B)the unresolved problems or concerns with operations, activities, or plans;
 (C)the Council operations and expenditures, needs, issues, and recommendations; and (D)the annual independent audits required under paragraph (1).
 (3)GAO reportNot later than 3 years after the date of establishment of the Council, and thereafter as necessary, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report covering the operations and expenditures of the Council in carrying out this section, including any recommendations the Comptroller deems appropriate.
 (o)Suits barredNeither the Council nor any committee, program, association, or other organization created by or under the authority of this section may sue a public or private person or entity concerning any matter arising under this section other than the performance of a contract.
 (p)DefinitionsIn this section: (1)CouncilThe term Council means the Gulf Coast Regional Citizens’ Advisory Council established under subsection (a).
 (2)Covered personThe term covered person means an owner or operator of a facility, an owner or operator of a tank vessel, a lessee, or a permittee, as those terms are defined in this Act.
 (3)Federal agencyThe term Federal agency means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Publishing Office.
 (4)Gulf Coast StatesThe term Gulf Coast States means the States of Alabama, Florida, Louisiana, Mississippi, and Texas. (5)Gulf of MexicoThe term Gulf of Mexico means the territorial seas and exclusive economic zone of the United States in the Gulf of Mexico..
 (b)Conforming amendmentThe table of contents in section 2 of the Oil Pollution Act of 1990 (104 Stat. 484) is amended by adding at the end of the items relating to subtitle A of title IV the following:
					4119. Gulf of Mexico Regional Citizens' Advisory Council..
 107.Vessel as responsible partySection 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking with a single hull after December 31, 2010. 108.Transportation and commerce aspects of outer continental shelf lands (a)EnforcementSection 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended—
 (1)in subsection (d)(1)— (A)by inserting , each marine casualty and accident that posed a serious threat to the safety of life and property at sea or to the marine environment, after fire; and
 (B)by inserting , as a condition of the leases or permits” after “any such investigation; (2)in subsection (d)(2), by inserting , as a condition of the leases or permits” after “any such investigation;
 (3)in subsection (e)— (A)by striking Secretary, or, in the case of occupational safety and health, and inserting Secretary or; and
 (B)by striking Coast Guard is operating, and inserting Coast Guard is operating; and (4)by adding at the end of the section the following:

							(g)Independent investigation of transportation accidents
 (1)In generalAt the request of the Secretary of the department in which the Coast Guard is operating or the Secretary, the National Transportation Safety Board may conduct an independent investigation of any accident, occurring in the outer Continental Shelf and involving activities under this Act, that does not otherwise fall within the definition of an accident or major marine casualty (as those terms are used in chapter 11 of title 49, United States Code).
 (2)Transportation accidentFor purposes of an investigation under this subsection, an accident that is the subject of a request under paragraph (1) shall be treated as a transportation accident (as that term is used in chapter 11 of title 49, United States Code).
								(h)Information on causes and corrective actions
 (1)In generalFor each accident investigated under this section, the Secretary of the department in which the Coast Guard is operating and the Secretary shall promptly make available to the public technical information about the causes of the accident and corrective actions taken.
 (2)Public databaseAll data and reports related to an accident described in paragraph (1) shall be maintained in a database that is freely available to the public.
								(i)Inspection fees
 (1)In generalTo the extent necessary to fund the carrying out of inspections and other duties under this Act of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce, upon the request of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce, the Secretary shall collect a non-refundable inspection fee, which shall be deposited in the Ocean Commerce, Transportation, and Navigation Enforcement Fund established under paragraph (3), from the designated operator for facilities subject to inspection under subsection (c).
 (2)EstablishmentThe Secretary shall establish, by rule, inspection fees— (A)at an aggregate level equal to the amount necessary to offset the annual expenses incurred by the Secretary of the Department in which the Coast Guard is operating and the Secretary of Commerce in carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units), administering and enforcing safety and health regulations and requirements, providing comments to and consulting with the Secretary as required under this Act; and
 (B)which may vary based on differences in size and complexity among classes of facilities. (3)Ocean commerce, transportation, and navigation enforcement fundThere is established in the Treasury a fund, to be known as the Ocean Commerce, Transportation, and Navigation Enforcement Fund (referred to in this subsection as the Fund), into which shall be deposited amounts collected by the Secretary under paragraph (1) and which shall be available as provided under paragraph (4).
 (4)Availability of feesNotwithstanding section 3302 of title 31, United States Code, all amounts collected by the Secretary under this section—
 (A)shall be available for expenditure only for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and carrying out the other duties and responsibilities of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce under this Act;
 (B)shall be available only to the extent provided for in advance in an appropriations Act; and (C)shall remain available until expended.
									(5)Annual reports
 (A)In generalNot later than 60 days after the end of each fiscal year beginning with fiscal year 2018, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year.
 (B)ContentEach report shall include, for the fiscal year covered by the report, the following: (i)A statement of the amounts deposited into the Fund.
 (ii)A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.
 (iii)Recommendations for additional authorities to fulfill the purpose of the Fund. (iv)A statement of the balance remaining in the Fund at the end of the fiscal year..
					IIImproving marine oil spill preparedness
			201.Improvements to National Oceanic and Atmospheric Administration oil spill response, containment,
			 and prevention
				(a)Review of ability of National Oceanic and Atmospheric Administration To respond to oil spills
 (1)Comprehensive review requiredNot later than 1 year after the date of the enactment of this Act, the Under Secretary for Oceans and Atmosphere shall conduct a comprehensive review of the current capacity of the National Oceanic and Atmospheric Administration to respond to oil spills.
 (2)ElementsThe review under paragraph (1) shall include the following: (A)A comparison of oil spill modeling requirements with the state-of-the-art oil spill modeling with respect to near shore and offshore areas.
 (B)Development of recommendations on priorities for improving forecasting of oil spill, trajectories, and impacts.
 (C)An inventory of the products and tools of the National Oceanic and Atmospheric Administration that can aid in assessing the potential risk and impacts of oil spills. The products and tools may include environmental sensitivity index maps, the United States Integrated Ocean Observing System, research vessels, aviation-based sensors, satellites, and oil spill trajectory models.
 (D)An identification of the baseline oceanographic and climate data required to support state-of-the-art modeling.
 (E)An assessment of the ability of the National Oceanic and Atmospheric Administration to respond to the effects of an oil spill on its trust resources, including—
 (i)marine sanctuaries, monuments, and other protected areas; and (ii)marine mammals, fish, corals, sea turtles, and other protected species, and efforts to rehabilitate these species.
 (3)ReportUpon completion of the review, the Under Secretary shall submit to Congress a report on the review, including the findings and recommendations.
 (b)Oil spill trajectory modelingThe Under Secretary for Oceans and Atmosphere shall be responsible for developing and maintaining oil spill trajectory modeling capabilities for the United States, including taking such actions as may be required by subsections (c) through (f).
				(c)Environmental sensitivity index
 (1)UpdateBeginning not later than 180 days after the date of enactment of this Act, and not less frequently than once every 7 years thereafter, the Under Secretary for Oceans and Atmosphere shall update the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for—
 (A)each coastal area of the United States;
 (B)each offshore area of the United States that is leased or under consideration for leasing for offshore energy production; and
 (C)each offshore area of the United States that is under consideration for maritime transportation.
 (2)Expanded coverageNot later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere, to the greatest extent practicable, shall create an environmental sensitivity index product for each area described in paragraph (1) for which the National Oceanic and Atmospheric Administration did not have an environmental sensitivity index product on the day before the date of enactment of this Act.
 (3)Environmental sensitivity index product definedIn this subsection, the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.
 (d)Subsea hydrocarbon reviewNot later than 120 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall conduct a comprehensive review of the current state of the National Oceanic and Atmospheric Administration to monitor, map, and track subsea hydrocarbons, including a review of the effect of subsea hydrocarbons and dispersants at varying concentrations on living marine resources.
 (e)Initiative on oil spills from aging and abandoned oil infrastructureNot later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall establish an initiative—
 (1)to determine the significance, response, frequency, size, potential fate, and potential effects, including those on sensitive habitats, of oil spills resulting from aging and abandoned oil infrastructure; and
 (2)to formulate recommendations on how best to address the spills described in paragraph (1). (f)Inventory of offshore abandoned or sunken vesselsNot later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere shall—
 (1)develop an inventory of offshore abandoned or sunken vessels in the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)); and
 (2)identify priorities (based on amount of oil, feasibility of oil recovery, fate and effects of oil if released, and cost-benefit of preemptive action) for potential preemptive removal of oil or other actions that may be effective to mitigate the risk of oil spills from offshore abandoned or sunken vessels.
					202.Coast Guard response plan requirements
 (a)In generalThe Secretary of the department in which the Coast Guard is operating shall require all response plans approved by the Coast Guard under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) to be updated not less than once every 5 years.
 (b)Best available technologyEach response plan update under subsection (a) shall utilize the best commercially available technology and methods to contain and remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge.
				(c)Technology standards
 (1)In generalThe Secretary of the department in which the Coast Guard is operating may establish requirements and guidance for utilizing the best commercially available technology and methods under subsection (b).
 (2)RequirementsThe best commercially available technology and methods shall be based on measurable standards and capabilities whenever practicable.
 (d)ResubmissionEach update under subsection (a) shall be considered a significant change requiring it to be resubmitted for approval by the Coast Guard.
				203.Oil spill technology evaluation
 (a)In generalThe Secretary of the department in which the Coast Guard is operating shall establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies.
				(b)Approvals
 (1)In generalThe program under subsection (a) shall include the establishment of a process for new methods and technologies—
 (A)to be submitted to and evaluated by the Secretary of the department in which the Coast Guard is operating; and
 (B)to gain validation for use in spill responses and inclusion in response plans under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).
 (2)Performance capabilitiesFollowing each validation under paragraph (1)(B), the Secretary of the department in which the Coast Guard is operating shall consider whether the method or technology meets a performance capability warranting designation of a new standard for best available technology or methods.
 (c)Technology clearinghouseEach technology and method validated under subsection (b)(1)(B) shall be included in the comprehensive list of spill removal resources maintained by the Coast Guard through the National Response Unit.
 (d)ConsultationThe Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of the Interior, the Under Secretary for Oceans and Atmosphere, the Administrator of the Environmental Protection Agency, the Secretary of Transportation, and the Secretary of Energy in carrying out this section.
				204.Safety management system requirements for mobile offshore drilling units
 (a)ApplicationSection 3202 of title 46, United States Code, is amended— (1)in subsection (a)(1)(B) by striking vessel, or self-propelled mobile offshore drilling unit; and and inserting vessel; and; and
 (2)by amending subsection (b) to read as follows:  (b)Other VesselsThis chapter applies to a vessel that—
 (1)is a passenger vessel or small passenger vessel and is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty; or
 (2)is a mobile offshore drilling unit.. (b)Safety management systemsSection 3203 of title 46, United States Code, is amended—
 (1)by redesignating subsection (b) as subsection (c); and (2)by inserting after subsection (a) the following:

 (b)Mobile offshore drilling unitsThe safety management system described in subsection (a) for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the United States, including the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)), shall include processes, procedures, and policies related to the safe, environmentally sound operation and maintenance of all machinery and systems of the unit that are used for the commercial industrial functions and purposes of the unit..
					205.Gulf of Mexico long-term marine environmental monitoring and research program
				(a)Environmental monitoring and research program required
 (1)In generalAs soon as practicable after the date of enactment of this Act, and subject to the availability of appropriations or other sources of funding, the Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall establish and carry out a long-term marine environmental monitoring and research program for the marine and coastal environment of the Gulf of Mexico to ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess long-term direct and indirect impacts on trust resources located in the Gulf of Mexico and Southeast region resulting from the oil spill caused by the mobile offshore drilling unit Deepwater Horizon.
 (2)Period of programThe Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall carry out the program under paragraph (1) during the 10-year period beginning on the date of commencement of the program. The Secretary may extend the period if the Secretary determines that additional monitoring and research is warranted.
 (b)Scope of programThe program under subsection (a) shall include the following: (1)Monitoring and research of the physical, chemical, and biological characteristics of the affected marine, coastal, and estuarine regions of the Gulf of Mexico and other regions of the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)) and adjacent regions affected by the oil spill caused by the mobile offshore drilling unit Deepwater Horizon.
 (2)The fate, transport, and persistence of oil released during the spill and spatial distribution throughout the water column, including in-situ burn residues.
 (3)The fate, transport, and persistence of chemical dispersants applied in-situ or on surface waters. (4)Identification of lethal and sub-lethal impacts to shellfish, fish, and wildlife resources that utilize habitats located within the affected region.
 (5)Impacts to regional, State, and local economies that depend on the natural resources of the affected region, including commercial and recreational fisheries, tourism, and other wildlife-dependent recreation.
 (6)Such other elements that the Secretary considers necessary to ensure a comprehensive marine research and monitoring program to comprehend the implications to trust resources caused by the oil spill from the mobile offshore drilling unit Deepwater Horizon.
 (c)Cooperation and consultationIn developing the research and monitoring program under subsection (a), the Secretary, acting through the Under Secretary for Oceans and Atmosphere, shall—
 (1)coordinate with the United States Geological Survey; and (2)consult with—
 (A)the National Ocean Research Leadership Council established under section 7902 of title 10, United States Code;
 (B)such representatives from the Gulf coast States and affected countries as the Secretary considers appropriate;
 (C)such academic institutions and other research organizations as the Secretary considers appropriate; and
 (D)such other experts with expertise in long-term environmental monitoring and research of the marine environment as the Secretary considers appropriate.
 (d)Availability of dataUpon the review by and approval of the Attorney General regarding impacts on legal claims or litigation involving the United States, data and information generated through the program established under subsection (a) shall be managed and archived to ensure that it is accessible and available to the general public for their use and information.
 (e)ReportNot later than 1 year after the date of the commencement of the program under subsection (a), and biennially thereafter, the Secretary shall submit to Congress a comprehensive report—
 (1)summarizing the activities and findings of the program; and (2)detailing areas and issues requiring future monitoring and research.
 (f)DefinitionsIn this section: (1)Gulf coast StateThe term Gulf coast State means each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida.
 (2)SecretaryThe term Secretary means the Secretary of Commerce. (3)Trust resourcesThe term trust resources means the living and non-living natural resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any State, federally recognized Indian tribe, or a local government.
					206.Use of oil spill liability trust fund for expenses of National Oceanic and Atmospheric
 AdministrationSection 1012(a)(5)(B) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(B)) is amended by striking $15,000,000 and inserting $25,000,000.
			207.Notice to States of bulk oil transfers
 (a)In generalA State may require, by law, a person to provide notice of 24 hours or more to the State and to the Coast Guard prior to transferring oil in bulk as cargo in an amount equivalent to 250 barrels or more to, from, or within a vessel in State waters.
 (b)Coast Guard assistanceThe Commandant of the Coast Guard may assist a State in developing appropriate methodologies for joint Federal and State notification of an oil transfer described in subsection (a) to minimize any potential burden to vessels.
 208.Coast Guard research and developmentSection 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended— (1)by striking $25,000,000 and inserting $50,000,000; and
 (2)by striking the semicolon at the end and inserting , of which amount not less than 40 percent shall be used to conduct research, development, and evaluation of oil spill response and removal technologies and methods;.
				IIIImproving marine oil spill response capabilities
			301.Prompt publication of oil spill information
 (a)In generalIn any response to an oil spill in which the Commandant of the Coast Guard serves as the Federal On-Scene Coordinator leading a Unified Command, the Commandant shall publish, on a publicly accessible website, all written Incident Action Plans prepared and approved as a part of the response to such oil spill.
 (b)Timeliness and durationThe Commandant shall— (1)publish each Incident Action Plan under subsection (a) promptly after such plan is approved for implementation by the Unified Command, and in no event later than 12 hours into the operational period for which such plan is prepared; and
 (2)ensure that such plan remains up-to-date and publicly accessible by website for the duration of the response to an oil spill.
 (c)Redaction of personal informationThe Commandant may redact information from an Incident Action Plan published under subsection (a) to the extent necessary to comply with applicable privacy laws and other requirements regarding personal information.
				302.Coordination of Federal, State, and local activities with respect to oil spill surveys
 (a)Development of national protocols for oil spill surveysNot later than 270 days after the date of enactment of this Act, the Under Secretary for Oceans and Atmosphere, in coordination with the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, and the heads of such departments and agencies of State governments as the Under Secretary considers appropriate, shall develop standard national protocols for oil spill response and clean up assessments to promote consistent procedures for collecting shoreline characterization data and to ensure that the format and resolution of such data are consistent with the needs of coastal States. Such protocols shall encourage, to the extent practicable, the use of electronic methods of data collection.
 (b)Guidance and tools for application of national protocols for oil spill surveysThe Under Secretary for Oceans and Atmosphere shall develop guidance and tools for oil spill responders and offer instructional courses to ensure that the standard national protocols developed under subsection (a) are used during oil spill responses in the waters subject to the jurisdiction of the United States, including the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)).


110 HR 3324 IH: The First Tee in Character Education Act of

U.S. House of Representatives
2007-08-02
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3324
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2007
			Mr. Clyburn (for
			 himself and Mr. McKeon) introduced the
			 following bill; which was referred to the Committee on Education and
			 Labor

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to establish the First Tee Life Skills Program.

		1.Short titleThis Act may be cited as The First Tee in Character Education Act of
			 2007.
		2.First Tee Life
			 Skills ProgramSubpart 3 of
			 part D of title V of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 7247) is amended by adding at the end the following:

				5432.First Tee Life
				Skills Program
					(a)Grants
				authorized
						(1)General
				authorityIn accordance with this section, the Secretary may make
				grants to eligible entities to design and implement youth development programs
				for the purpose of carrying out efforts to impact the lives of young people of
				all backgrounds by giving an opportunity to develop life-enhancing values such
				as confidence, perseverance, and judgment through sports such as golf and
				character education by providing learning facilities and educational
				programs.
						(2)Eligible
				entityIn this section, the term eligible entity
				means—
							(A)a State educational
				agency;
							(B)a local
				educational agency or consortium of local educational agencies;
							(C)a nonprofit
				organization or entity, including an institution of higher education; or
							(D)a local
				educational agency in partnership with one or more entities described in
				subparagraph (C).
							(3)Special
				considerationIn awarding grants under this section, the
				Secretary shall give special consideration to applications from eligible
				entities that enhance and expand the delivery of—
							(A)a Life Skills Experience Program, to enable
				children to learn valuable lessons about—
								(i)the importance of
				maintaining a positive attitude;
								(ii)how to make
				decisions by thinking about the possible consequences; and
								(iii)how to define
				and set goals from the golf course to everyday life;
								(B)a National School Program, to establish a
				lifelong interest in golf by engaging children in a structured golf curriculum
				taught during physical education classes, while positively impacting their
				lives and helping to ensure the vitality of the game; and
							(C)such other
				initiatives as the Secretary finds appropriate to expand access to the First
				Tee program by minorities and historically underrepresented populations.
							(4)Equitable
				distributionIn awarding grants under this section, the Secretary
				shall ensure an equitable geographic distribution among the regions of the
				United States and among eligible entities located in urban, rural, and suburban
				areas.
						(5)DurationA
				grant under this section shall be awarded for a period not to exceed 3
				years.
						(b)Contracts under
				program
						(1)EvaluationAn
				eligible entity receiving assistance under this section may contract with
				outside sources, including institutions of higher education and private and
				nonprofit organizations, for the purposes of—
							(A)evaluating the
				program for which the assistance is made available;
							(B)measuring the
				integration of such program into the curriculum and teaching methods of schools
				where the program is carried out; and
							(C)measuring the
				success of such program in fostering the elements of character selected by the
				recipient.
							(2)Materials and
				program developmentAn eligible entity may contract with outside
				sources, including institutions of higher education and private and nonprofit
				organizations, for assistance in—
							(A)developing
				curricula, materials, teacher training, and other activities related to
				character education; and
							(B)integrating
				character education into the curricula and teaching methods of schools where
				the program is carried out.
							(c)Use of funds by
				recipientsOf the total funds received in any fiscal year under
				this section by an eligible entity—
						(1)not more than 3
				percent of such funds may be used for administrative purposes; and
						(2)the remainder of
				such funds may be used for—
							(A)the preparation or
				purchase of materials, and teacher training;
							(B)providing
				assistance to local educational agencies, schools, non-profits, or institutions
				of higher education; and
							(C)technical
				assistance and evaluation.
							(d)Application
						(1)In
				generalEach eligible entity desiring a grant under this section
				shall submit an application to the Secretary at such time and in such manner as
				the Secretary may require.
						(2)Required
				informationEach application for a grant under this section shall
				include (together with any other information that the Secretary may require)
				information that—
							(A)describes any
				partnerships or collaborative efforts among the organizations and entities of
				the eligible entity;
							(B)describes the
				activities that will be carried out with the grant funds, including—
								(i)how parents,
				students, students with disabilities (including those with mental or physical
				disabilities), and other members of the community, including members of private
				and nonprofit organizations, will be involved in the design and implementation
				of the program and how the eligible entity will work with the larger community
				to increase the reach and promise of the program;
								(ii)curriculum and
				instructional practices that will be used or developed; and
								(iii)methods of
				teacher training and parent education that will be used or developed;
								(C)in the case of an
				eligible entity that is a State educational agency, describes how the State
				educational agency—
								(i)will provide
				technical and professional assistance to its local educational agency partners
				in the development and implementation of character education programs;
				and
								(ii)will assist other
				interested local educational agencies that are not members of the original
				partnership in designing and establishing character education programs;
								(D)describes how the
				eligible entity will evaluate the success of its program based on the
				objectives described in subsection (a); and
							(E)assures that the
				eligible entity annually will provide to the Secretary such information as may
				be required to determine the effectiveness of the program.
							(e)Selection of
				recipients
						(1)Selection
				criteriaSelection of an eligible entity shall be made on the
				basis of the quality of the application submitted, taking into consideration
				such factors as—
							(A)the extent to
				which the program fosters character in students and the potential for improved
				student academic achievement;
							(B)the extent and
				ongoing nature of parental, student, and community involvement;
							(C)the quality of the
				plan for measuring and assessing success; and
							(D)the likelihood
				that the objectives of the program will be achieved.
							(f)Participation by
				private school children and teachersEach eligible entity that
				receives a grant under this section shall provide, to the extent feasible and
				appropriate, for the participation in programs and activities under this
				section of students and teachers in private elementary schools and secondary
				schools.
					(g)Reporting and
				evaluationEach eligible entity receiving a grant under this
				section shall submit to the Secretary two reports containing a comprehensive
				evaluation of the program under this section. The first report shall be
				submitted not later than the end of the second year of the program, and the
				second report shall be submitted not later than one year after the completion
				of the grant period. Each report shall—
						(1)describe the
				progress in delivering the programs described in subsection (a)(3);
						(2)describe the
				research, development, dissemination, evaluation, and technical assistance
				carried out under this section; and
						(3)describe its
				impact on students, students with disabilities (including those with mental or
				physical disabilities), teachers, administrators, parents, and
				others.
						.


116 HR 125 IH: Police Training and Independent Review Act of 2019
U.S. House of Representatives
2019-01-03
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. 125IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Cohen (for himself, Mr. Clay, Mrs. Beatty, Mr. Carson of Indiana, Mr. Blumenauer, Mr. Raskin, Ms. Castor of Florida, Ms. Clarke of New York, Mr. Danny K. Davis of Illinois, Ms. DeLauro, Mrs. Dingell, Mr. Engel, Ms. Eshoo, Ms. Kaptur, Ms. Kelly of Illinois, Mr. Khanna, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Moore, Ms. Norton, Ms. Roybal-Allard, Mr. Ryan, Ms. Schakowsky, Mr. Schiff, Mr. Scott of Virginia, Mr. Serrano, Mr. Takano, Mr. Thompson of Mississippi, Mr. Veasey, Ms. Waters, Mrs. Watson Coleman, Mr. Pascrell, and Ms. Velázquez) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide for grants for States that require sensitivity training for law enforcement officers of
			 that State and to incentivize States to enact laws requiring the
			 independent investigation and prosecution of the use of deadly force by
			 law enforcement officers, and for other purposes.

 1.Short titleThis Act may be cited as the Police Training and Independent Review Act of 2019. 2.Grants for training and sensitivity and the use of independent prosecutorsTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (et seq.) is amended by adding at the end the following:

				NNGrants for training and independent prosecution
 3041.In generalThe Attorney General may make a grant to a State each fiscal year for purposes of carrying out the requirements of section 3042(a) and 3043. The term of such grant shall be 1 year.
					3042.Training on diversity and sensitivity for law enforcement
 (a)Training requirementThe requirements of this subsection are as follows: (1)A State shall require that all individuals enrolled in an academy of a law enforcement agency of the State and all law enforcement officers of the State fulfill a training session on sensitivity each fiscal year, including training on ethnic and racial bias, cultural diversity, and police interaction with the disabled, mentally ill, and new immigrants. In the case of individuals attending an academy, such training session shall be for 8 hours, and in the case of all other law enforcement officers, the training session shall be for 4 hours.
 (2)A State shall certify to the Attorney General of the United States that such training sessions have been completed.
							(b)Compliance and ineligibility
 (1)Compliance dateThe period specified under this paragraph is the period beginning 120 days after the date of enactment of this part, to comply with subsection (a), except that—
 (A)the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and
 (B)the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.
 (2)IneligibilityA State that is not in compliance with the requirements of subsection (a) during a fiscal year is not eligible for a grant under this part.
							3043.Independent Review of law enforcement use of deadly force
 In the case of a State that fails by the end of a fiscal year to enact or have in effect an independent prosecution of law enforcement law, that State is not eligible for a grant under this part.
 3044.DefinitionsIn this part: (1)The term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm.
 (2)The term independent prosecution of law enforcement law means a statute requiring the appointment of an independent prosecutor to conduct any criminal investigation and prosecution in which—
 (A)one or more of the possible defendants is a law enforcement officer; (B)one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and
 (C)the law enforcement officer’s use of deadly force resulted in a death or injury. (3)The term independent prosecutor means, with respect to a criminal investigation or prosecution, a prosecutor who—
 (A)does not live or work in the same county as the county in which the alleged crime was committed; and
 (B)would not be involved in the prosecution in the ordinary course of that prosecutor’s duties..


		II
		110th CONGRESS
		1st Session
		S. 281
		IN THE SENATE OF THE UNITED STATES

			January 12, 2007
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend title 44 of the United States
		  Code, to provide for the suspension of fines under certain circumstances for
		  first-time paperwork violations by small business concerns.

		1.Short titleThis Act may be cited as the
			 Small Business Paperwork Relief Act of
			 2007.
		2.Suspension of fines
			 for first-time paperwork violations by small business concernsSection 3506 of title 44, United States Code
			 (commonly referred to as the Paperwork Reduction Act), is
			 amended by adding at the end the following:

				(j)Small
				businesses
					(1)Small business
				concernIn this subsection,
				the term small business concern means a business concern that
				meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the
				regulations promulgated under that section.
					(2)In
				generalIn the case of a
				first-time violation by a small business concern of a requirement regarding the
				collection of information by an agency, the head of that agency shall not
				impose a civil fine on the small business concern unless the head of the agency
				determines that—
						(A)the violation has the potential to cause
				serious harm to the public interest;
						(B)failure to impose a civil fine would impede
				or interfere with the detection of criminal activity;
						(C)the violation is a violation of an internal
				revenue law or a law concerning the assessment or collection of any tax, debt,
				revenue, or receipt;
						(D)the violation was not corrected on or
				before the date that is 6 months after the date of receipt by the small
				business concern of notification of the violation in writing from the agency;
				or
						(E)except as provided in paragraph (3), the
				violation presents a danger to the public health or safety.
						(3)Danger to
				public health or safety
						(A)In
				generalIn any case in which
				the head of an agency determines under paragraph (2)(E) that a violation
				presents a danger to the public health or safety, the head of the agency may,
				notwithstanding paragraph (2)(E), determine not to impose a civil fine on the
				small business concern if the violation is corrected not later than 24 hours
				after receipt by the small business owner of notification of the violation in
				writing.
						(B)ConsiderationsIn determining whether to provide a small
				business concern with 24 hours to correct a violation under subparagraph (A),
				the head of an agency shall take into account all of the facts and
				circumstances regarding the violation, including—
							(i)the nature and seriousness of the
				violation, including whether the violation is technical or inadvertent or
				involves willful or criminal conduct;
							(ii)whether the small business concern has made
				a good faith effort to comply with applicable laws and to remedy the violation
				within the shortest practicable period of time; and
							(iii)whether the small business concern has
				obtained a significant economic benefit from the violation.
							(C)Notice to
				CongressIn any case in which
				the head of an agency imposes a civil fine on a small business concern for a
				violation that presents a danger to the public health or safety and does not
				provide the small business concern with 24 hours to correct the violation under
				subparagraph (A), the head of that agency shall notify Congress regarding that
				determination not later than the date that is 60 days after the date that the
				civil fine is imposed by that agency.
						(4)Limited to
				first-Time violations
						(A)In
				generalThis subsection shall
				not apply to any violation by a small business concern of a requirement
				regarding collection of information by an agency if that small business concern
				previously violated any requirement regarding collection of information by that
				agency.
						(B)Other
				agenciesFor purposes of
				making a determination under subparagraph (A), the head of an agency shall not
				take into account any violation of a requirement regarding collection of
				information by another
				agency.
						.


110 HR 6400 IH: To authorize a State to transfer or consolidate funds

U.S. House of Representatives
2008-06-26
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.

		I
		110th CONGRESS
		2d Session
		H. R. 6400
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2008
			Mr. Hoekstra (for
			 himself, Mr. Walberg,
			 Mr. Rogers of Michigan,
			 Mr. Upton,
			 Mr. McCotter,
			 Mr. Camp of Michigan,
			 Mrs. Miller of Michigan,
			 Mr. Tiberi,
			 Mr. Kline of Minnesota,
			 Mr. Gohmert,
			 Mr. Doolittle,
			 Mr. Herger,
			 Mrs. Schmidt,
			 Mr. Bartlett of Maryland,
			 Mrs. Bachmann,
			 Mr. Pence,
			 Mr. Feeney,
			 Mrs. Musgrave, and
			 Mr. Campbell of California) introduced
			 the following bill; which was referred to the
			 Committee on Education and
			 Labor, and in addition to the Committees on
			 Transportation and
			 Infrastructure and Ways
			 and Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To authorize a State to transfer or consolidate funds
		  made available to such State under certain transportation, education, and job
		  training programs after the United States experiences economic growth at an
		  annual rate of less than 1 percent for 2 calendar quarters.

		1.Short TitleThis Act may be cited as the State
			 Temporary Economic Priority (STEP) Act.
		2.PurposeIt is the purpose of this Act to authorize a
			 State to transfer or consolidate funds made available to such State under
			 certain transportation, education, and job training programs after the United
			 States experiences economic growth at an annual rate of less than 1 percent for
			 2 calendar quarters.
		3.Authority to
			 transfer or consolidate certain funds
			(a)Authority
			 available
				(1)In
			 generalA State may transfer or consolidate funds under
			 subsections (b), (c), and (d) beginning with the calendar quarter after the
			 United States experiences economic growth at an annual rate of less than 1
			 percent for 2 calendar quarters and continuing until 18 months after the United
			 States experiences economic growth at an annual rate of 1 percent or more for 2
			 calendar quarters.
				(2)Treatment of
			 transferred or consolidated fundsFunds transferred or
			 consolidated under subsections (b), (c), or (d) shall be used in accordance
			 with the statutory and regulatory requirements applicable to the program to
			 which the funds are transferred or consolidated.
				(b)Transportation
			 funds
				(1)In
			 generalIn applying
			 subsection (a), a State may transfer, in such amounts as the State determines
			 appropriate, any funds apportioned and allocated to such State from amounts
			 made available from the Highway Trust Fund (26 U.S.C. 9503 et seq.), other than
			 the Mass Transit Account, to any of the apportionments and allocations for the
			 following programs authorized by title 23, United States Code:
					(A)The interstate maintenance program under
			 section 119.
					(B)The National
			 Highway System under section 103(b).
					(C)The surface
			 transportation program under section 133.
					(D)The highway bridge
			 replacement and rehabilitation program under section 144.
					(2)Exempt
			 Transportation fundsThe
			 funds made available for the highway safety improvement programs authorized by
			 section 148 and chapter 4 of title 23, United States Code, shall not be subject
			 to transfer or consolidation under subsection (a).
				(c)Federal
			 education fundsIn applying subsection (a), a State may, in such
			 amounts as the State determines appropriate from any funds made available to
			 such State under any formula grant programs carried out under any of the
			 following provisions of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6301 et seq.), transfer or consolidate such funds between and among such
			 programs:
				(1)Part A of title I (Improving Basic Programs
			 Operated by Local Educational Agencies).
				(2)Subpart 1 of part
			 B of title I (Reading First).
				(3)Subpart 3 of part
			 B of title I (William F. Goodling Even Start Family Literacy Programs).
				(4)Subpart 4 of part
			 B of title I (Improving Literacy Through School Libraries).
				(5)Part C of title I
			 (Education of Migratory Children).
				(6)Part D of title I
			 (Prevention and Intervention Programs for Children and Youth who are Neglected,
			 Delinquent, or At-Risk).
				(7)Part F of title I
			 (Comprehensive School Reform).
				(8)Part H of title I
			 (School Dropout Prevention).
				(9)Subpart 1 of part
			 A of title II (Teacher and Principal Training and Recruiting Fund (Grants to
			 States)).
				(10)Part B of title
			 II (Mathematics and Science Partnerships).
				(11)Part D of title
			 II (Enhancing Education Through Technology).
				(12)Part A of title
			 III (English Language Acquisition, Language Enhancement, and Academic
			 Achievement).
				(13)Part A of title IV
			 (Safe and Drug-Free Schools and Communities).
				(14)Part B of title
			 IV (21st Century Community Learning Centers).
				(15)Subpart 2 of part
			 A of title V (Innovative Programs (State Programs)).
				(16)Subpart 1 of part
			 A of title VI (Improving Academic Achievement (Accountability)).
				(d)Job Training
			 fundsIn applying subsection (a), a State may, in such amounts as
			 the State determines appropriate from any funds made available to such State
			 under the following job training programs, transfer or consolidate such funds
			 between and among such programs:
				(1)Any formula grant program carried out under
			 the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).
				(2)Any funds made
			 available to the State under part II of subchapter B of chapter 2 of title II
			 of the Trade Act of 1974 (19 U.S.C. 2295 et seq.).
				(e)DefinitionsIn
			 this Act—
				(1)the phrase economic growth at an
			 annual rate of less than 1 percent for 2 calendar quarters means, that
			 for 2 consecutive calendar quarters, real gross domestic product, as announced
			 by Bureau of Economic Analysis of the Department of Commerce, has
			 experienced—
					(A)an annual rate of
			 decrease for such quarters;
					(B)no change in the annual rate for such
			 quarters; or
					(C)an increase at an
			 annual rate of less than 1 percent for such quarters; and
					(2)the phrase economic growth at an
			 annual rate of 1 percent or more for 2 calendar quarters means an
			 increase in real gross domestic product at an annual rate of 1 percent or more
			 for 2 consecutive calendar quarters, as announced by the Bureau of Economic
			 Analysis of the Department of Commerce for such quarters.


115 HR 5181 IH: Local Taxpayer Protection Act of 2018
U.S. House of Representatives
2018-03-06
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.

I115th CONGRESS2d SessionH. R. 5181IN THE HOUSE OF REPRESENTATIVESMarch 6, 2018Mr. Faso introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require certain licensees under the Federal Power Act make annual payments to the county in
			 which a licensed hydropower facility is located, and for other purposes.

 1.Short titleThis Act may be cited as the Local Taxpayer Protection Act of 2018. 2.Payment of fees by certain hydropower facility license holders (a)Initial paymentNot later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the applicable license and any subsequent license received for the same facility and related operations, a covered licensee shall make an annual payment to the county in which the applicable licensed project is located beginning in the amount of $1,800,000.
 (b)Increase in subsequent paymentsThe amount of each annual payment occurring after the first annual payment shall increase by 2 percent of the preceding annual payment.
 (c)Remaining obligationsThe payment of funds under this section shall not affect the obligation of the covered licensee to pay any other funds required to be paid to a county under the terms of a judicial decree or settlement of an action brought by one or more counties against the covered licensee.
 (d)Statutory constructionNothing in this section shall be construed to authorize an increase in the rates and charges for electric energy of a covered licensee.
 (e)Covered licensee definedIn this section, the term covered licensee means a State, or any subdivision thereof, that— (1)received a license under section 10 of the Federal Power Act (16 U.S.C. 803) for a pumped-storage facility; and
 (2)filed for such license in April of 2017.


116 HR 7458 IH: U.S. Pork Producer Assistance Act of 2020
U.S. House of Representatives
2020-07-01
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 CONGRESS2d SessionH. R. 7458IN THE HOUSE OF REPRESENTATIVESJuly 1, 2020Mr. Hagedorn introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide supplemental appropriations to provide direct assistance for domestic pork producers and during the COVID–19 pandemic, and for other purposes.1.Short titleThis Act may be cited as the U.S. Pork Producer Assistance Act of 2020.2.FindingsCongress finds the following:(1)It is imperative that domestic pork producers receive financial assistance that adequately reflects the damages done to the pork industry due to the COVID–19 pandemic.(2)While the coronavirus food assistance program carried out by the Secretary of Agriculture provides relief to livestock producers, the pork industry has faced unprecedented challenges due to packing plants being forced to reduce processing capacity.(3)To prevent further damage to the pork industry, further funding assistance that includes direct funding for the pork industry is necessary.3.Additional funding for Office of the Secretary accountFor an additional amount for the Office of the Secretary, $5,000,000,000 to remain available until expended to provide support payments to pork producers with losses of market-ready hogs due to the COVID–19 pandemic: Provided, That such amount is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such amounts shall be made available only if the President subsequently so designates such amount: Provided further: That such a payment may be made to a pork producer (regardless of the adjusted gross income of such producer) in any amount so long as such amount is not greater than the total losses of such pork producer of market-ready hogs due to the COVID–19 pandemic.


		One Hundred Twelfth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Tuesday, the third
		day of January, two thousand and twelve
		S. 2367
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To strike the word lunatic
		  from Federal law, and for other purposes.

		1.Short titleThis Act may be cited as the
			 21st Century Language Act of
			 2012.
		2.Modernization of language referring to
			 persons who are mentally ill
			(a)Words denoting number, gender, and so
			 forthSection 1 of title 1,
			 United States Code, is amended—
				(1)by striking and
			 lunatic; and
				(2)by striking lunatic,.
				(b)Banking law provisions
				(1)Trust powersThe first section of the Act entitled
			 An Act to place authority over the trust powers of national banks in the
			 Comptroller of the Currency, approved September 28, 1962 (12 U.S.C.
			 92a), is amended—
					(A)in subsection (a), by striking
			 committee of estates of lunatics,; and
					(B)in subsection (j), by striking
			 committee of estates of lunatics.
					(2)Consolidation and mergers of
			 banksThe National Bank
			 Consolidation and Merger Act (12 U.S.C. 215 et seq.) is amended—
					(A)in section 2 (12 U.S.C. 215)—
						(i)in subsection (e), by striking
			 receiver, and committee of estates of lunatics and inserting
			 and receiver; and
						(ii)in subsection (f), by striking
			 receiver, or committee of estates of lunatics and inserting
			 or receiver; and
						(B)in section 3 (12 U.S.C. 215a)—
						(i)in subsection (e), by striking
			 receiver, and committee of estates of lunatics and inserting
			 and receiver; and
						(ii)in subsection (f), by striking
			 receiver, or committee of estates of lunatics and inserting
			 or receiver.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


		110th CONGRESS
		2d Session
		S. 3166
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To amend the Immigration and Nationality
		  Act to impose criminal penalties on individuals who assist aliens who have
		  engaged in genocide, torture, or extrajudicial killings to enter the United
		  States.

		1.Aiding or assisting certain aliens to enter
			 the United StatesSection 277
			 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended by striking
			 (other than subparagraph (E) thereof).

			Passed the Senate September 26 (legislative day, September
			 17), 2008.

			Secretary


113 HR 3778 IH: Expanded Access to Real Learning for our Young Act
U.S. House of Representatives
2013-12-16
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.

I113th CONGRESS1st SessionH. R. 3778IN THE HOUSE OF REPRESENTATIVESDecember 16, 2013Mrs. Davis of California introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo direct the Secretary of Education to award grants to States to pay the Federal share of carrying out full-day prekindergarten programs.1.Short title(a)Short titleThis Act may be cited as the Expanded Access to Real Learning for our Young Act or the EARLY Act.2.Universal prekindergarten and early childhood education grant program(a)Program authorizationFrom amounts appropriated under subsection (g), the Secretary of Education is authorized to award grants, on a competitive basis, to States to pay the Federal share of carrying out full-day prekindergarten programs.(b)State applicationTo receive a grant under this Act, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.(c)Use of fundsA State that receives a grant under this Act shall use such grant funds to carry out a prekindergarten program that, at a minimum—(1)if practicable, is located at a public school in the State or, if not practicable, is carried out by a private or other community-provider;(2)permits each 4-year-old child in the State to be voluntarily enrolled by the child’s parent in the prekindergarten program, and which is made available at no cost to families who make a combined income of up to 400 percent of the poverty line;(3)is a full-day program that runs the length of the regular school year;(4)maintains a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom;(5)ensures that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1;(6)is taught by teachers who are paid a salary comparable to teachers of kindergarten through grade 12 at public schools in the State;(7)requires the State in which the program is located to determinate a minimum level of parental engagement in their child’s program; and(8)meets any other criteria that the Secretary may require.(d)PriorityIn awarding grants under this section, the Secretary shall give priority to States that will use the grants to carry out a prekindergarten program at a public school.(e)Federal shareThe Federal share of a grant under this Act shall not exceed 75 percent of the costs of carrying out the activities described in subsection (c).(f)Supplement not supplantGrant funds received under this Act shall be used to supplement and not supplant other Federal early childhood education funds in the State.(g)Authorization of appropriationsThere are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2015 through 2019.(h)DefinitionsIn this Act:(1)ESEA termsThe terms elementary school, parent, poverty line, secondary school, and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 9101).(2)Public schoolThe term public school means a public elementary school or public secondary school.(3)SecretaryThe term Secretary means the Secretary of Education.


116 S3679 IS: Newborn CARES Act
U.S. Senate
2020-05-11
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.

II116th CONGRESS2d SessionS. 3679IN THE SENATE OF THE UNITED STATESMay 11, 2020Ms. Duckworth (for herself, Mr. Scott of South Carolina, Ms. Klobuchar, Mr. Braun, Mr. Wyden, Mr. Lankford, Ms. Smith, and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo require the Internal Revenue Service to establish a procedure by which parents may immediately claim the recovery rebate amount for children born in 2020.1.Short titleThis Act may be cited as the Newborn CARES Act.2.Advance recovery payments for children born in 2020(a)In generalParagraph (3) of section 6428(f) of the Internal Revenue Code of 1986, as added by the CARES Act (Public Law 116–136), is amended by adding at the end the following new subparagraph:(D)Payments relating to children born in 2020(i)In generalIn the case of a qualifying child (within the meaning of section 24(c)) of the taxpayer born during calendar year 2020, for purposes of determining the advance refund amount of the taxpayer under paragraph (2), such child shall be treated as if the child had been born in calendar year 2019 (or 2018, in the case of a taxpayer to whom paragraph (5)(A) applies) and taken into account as a dependent of the taxpayer for such year.(ii)ClaimsThe Secretary shall establish a procedure to allow a taxpayer to file a claim, during calendar year 2020, for the dollar amount attributable under subsection (a)(2) (as adjusted under subsection (c)) to a child described in clause (i). Such a claim—(I)shall be filed in such manner as the Secretary shall prescribe, and(II)shall include the social security number (as defined in section 24(h)(7)) of such child.Any amount with respect to which a valid claim is filed shall be refunded or credited as rapidly as possible according to the rules of this paragraph, without regard to whether the taxpayer has previously received payment of any advance refund amount (or any portion of such amount) under this subsection.(iii)Qualifying childSolely for purposes of this subparagraph, in applying section 24(c), any child of the taxpayer who is born during calendar year 2020 shall be deemed to have satisfied the requirements of subparagraphs (B) and (D) of section 152(c)(1) if such child satisfies such requirements for the period beginning on the date of birth of the child and ending on the date the claim is filed.(iv)Denial of double claimsOnly 1 refund or credit by reason of this subparagraph shall be issued with respect to any qualifying child..(b)Effective dateThe amendment made by this section shall take effect as if included in the enactment of section 2201 of the CARES Act (Public Law 116–136).


113 S1440 IS: Tornado Family Safety Act of 2013
U.S. Senate
2013-08-01
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. 1440
		IN THE SENATE OF THE UNITED STATES

			August 1, 2013
			Mr. Reid (for
			 Ms. Landrieu) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Small Business and
			 Entrepreneurship

		A BILL
		To amend the Small Business Act to allow the use of
		  physical damage disaster loans for the construction of safe
		  rooms.

		1.Short titleThis Act may be cited as the
			 Tornado Family Safety Act of
			 2013.
		2.Use of physical
			 damage disaster loansSection
			 7(b)(1)(A) of the Small Business Act (15 U.S.C. 636(b)(1)(A)) is
			 amended—
			(1)by striking the Administration may
			 increase and inserting the Administration may, subject to
			 section 18(a), increase; and
			(2)by striking and modifying
			 structures and inserting , and modifying structures (including
			 construction of a safe room or similar storm shelter designed to protect
			 property and occupants from tornadoes or other natural
			 disasters).


		II
		112th CONGRESS
		1st Session
		S. 1109
		IN THE SENATE OF THE UNITED STATES

			May 26, 2011
			Mr. Menendez (for
			 himself, Mr. Reid,
			 Mr. Durbin, Mr.
			 Schumer, Mr. Leahy,
			 Mr. Akaka, Mr.
			 Bennet, Mrs. Gillibrand, and
			 Mr. Inouye) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To authorize the adjustment of status for immediate
		  family members of individuals who served honorably in the Armed Forces of the
		  United States during the Afghanistan and Iraq conflicts, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Military Families
			 Act.
		2.Permanent resident
			 status for family members of members of the Armed Forces
			(a)In
			 generalSection 245 of the
			 Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end
			 the following:

					(n)Adjustment of
				status for immediate family members of members of the Armed Forces
						(1)In
				generalThe Secretary of
				Homeland Security shall adjust the status of an alien described in paragraph
				(2) to that of an alien lawfully admitted for permanent residence if the
				alien—
							(A)applies for such
				adjustment;
							(B)is admissible to
				the United States as an immigrant, except as provided in paragraph (4);
				and
							(C)is physically
				present in the United States.
							(2)Aliens eligible
				for adjustment of statusAn alien described in this paragraph is
				an alien—
							(A)who is a parent,
				spouse, child, son, daughter, or the legal guardian of a child of—
								(i)a
				living Armed Forces member; or
								(ii)a
				deceased Armed Forces member if—
									(I)the Armed Forces
				member died as a result of injury or disease incurred in, or aggravated by, the
				Armed Forces member's service; and
									(II)the alien
				applies for such adjustment—
										(aa)if
				the death of the Armed Forces member occurred prior to the date of the
				enactment of the Military Families
				Act, not later than 2 years after such date of enactment;
				or
										(bb)if
				the death of the Armed Forces member occurred after the date of the enactment
				of the Military Families Act,
				not later than 2 years after the death of the Armed Forces member; or
										(B)who is the
				spouse, child, son, or daughter of an alien described in subparagraph
				(A).
							(3)Armed Forces
				member definedIn this subsection, the term Armed Forces
				member means an individual who—
							(A)is, or was at the
				time of the individual’s death described in paragraph (2)(B)(ii)(I), a national
				of the United States or lawfully admitted for permanent residence;
							(B)on or after
				October 7, 2001, served as a member of—
								(i)the Armed Forces on active duty;
								(ii)the National
				Guard; or
								(iii)the Selected
				Reserve of the Ready Reserve; and
								(C)if separated from
				the service described in subparagraph (B), was separated under honorable
				conditions.
							(4)Inapplicability
				of certain grounds of inadmissibility
							(A)In
				generalThe provisions of paragraphs (4), (5), (6)(A), (7)(A),
				and (9)(B) of section 212(a) shall not apply to an adjustment of status made
				pursuant to this subsection.
							(B)WaiverThe
				Secretary of Homeland Security or the Attorney General, as appropriate, may
				waive any other provision of section 212(a) (other than paragraph (2)(C) and
				subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) with respect to an
				adjustment of status made pursuant to this subsection—
								(i)for humanitarian
				purposes;
								(ii)to assure family
				unity; or
								(iii)if such waiver
				is otherwise in the public interest.
								(5)Fee
				authorityThe Secretary of Homeland Security or the Secretary of
				State, as appropriate, may establish a fee pursuant to section 9701 of title
				31, United States Code, for the processing of an application for an adjustment
				of status made pursuant to this subsection.
						(6)Jurisdiction
							(A)Secretary of
				Homeland SecurityExcept as provided in subparagraph (B), the
				Secretary of Homeland Security shall have exclusive jurisdiction to determine
				eligibility for an adjustment of status made pursuant to this
				subsection.
							(B)Attorney
				GeneralNotwithstanding paragraph (1) or subparagraph (A), in
				cases in which an alien has been placed into deportation, exclusion, or removal
				proceedings, either prior to or after filing an application for an adjustment
				of status pursuant to this subsection, the Attorney General shall have
				exclusive jurisdiction and shall assume all the powers and duties of the
				Secretary of Homeland Security until proceedings are terminated, or if a final
				order of deportation, exclusion, or removal is
				entered.
							.
			(b)Exemption from
			 direct numerical limitationsSection 201(b)(1) of the Immigration and
			 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
			 following:

					(F)Aliens provided permanent residence
				status under section 245(n).
					.

			3.Filipino
			 veterans family reunification
			(a)Short
			 titleThis section may be cited as the Filipino Veterans Family Reunification
			 Act.
			(b)Exception from
			 direct numerical limitationsSection 201(b)(1) of the Immigration
			 and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 2(b), is
			 further amended by adding at the end the following:

					(G)Aliens who—
						(i)are eligible for a visa under
				paragraph (1) or (3) of section 203(a); and
						(ii)have a parent (regardless of
				whether the parent is living or dead) who was naturalized pursuant to—
							(I)section 405 of the Immigration Act of
				1990 (Public Law 101–649; 8 U.S.C. 1440 note); or
							(II)title III of the Act of October 14, 1940
				(54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers
				Act, 1942 (56 Stat. 182, chapter
				199).
							.